Thursday, May 21, 2020

Career Essay A Career As A Career - 1256 Words

I have had many jobs throughout my life but now I am with an amazing career. Through a crazy set of events over my life; I was introduced to archaeology. My jobs have consisted of being a dancer, working in food establishments, a cashier, a sales person, a daycare teacher, a school bus driver, a church secretary and owning my business. These jobs may not have had a direct influence on my current career choice but they have all made me the person I am today. In most of my jobs I have pushed myself to excel and move up the â€Å"corporate ladder†. I started my archaeology career by keeping books for my ex-boss, Jeffrey Pangburn. I was promoted to his office manager but it was not until he fired me, that my career really began. Excelling in†¦show more content†¦My main job was office manager. However, I felt learning about archaeology would help me to excel in this position. I had no knowledge of archaeology except the occasional arrow-head hunting I did while m arried to my ex. Jeff began taking me out to the field, showing me all the steps and procedures of his job. Every day out in the field was like being on a class field trip. I learned that archaeology entails more than looking for arrow heads. Because of my time in the field and the vast amount of information Jeff taught me, my skills in the office improved. My office duties also included writing archaeological reports and filling out the forms. These reports and forms include detailed information about the cultural materials, geology, and topology. Having the knowledge from working in the field made filling out the forms and writing the reports easier. Unfortunately, over the six years with Jeff, the business grew and I had less time in the field. All of that changed on February 24th, 2017. Jeff was not only my boss but we were also best friends. No matter what was going on I could always give Jeff my honest opinion. Even if he did not agree with me or I with him, we respected each other’s point of view. That began to change during the last year of employment. There were many times I would voice my opinion or point of view. During these discussions Jeff would become volatile. I have no problemShow MoreRelatedCareer Essay - Career Exploration1353 Words   |  6 PagesCareer Exploration Essay As a child, I was always told that I could become whatever I wanted to be. I dreamt of becoming an astronaut, orbiting around Earth or an airplane pilot, flying to different parts of the world. There were may choices I had in mind but they all seem to have a risk factor to them. I wanted to do something that involved little chances of risk and also be able to live comfortably. That is when I decided to become an orthodontist. The field of orthodontics has many challengesRead MoreCareer Essay1031 Words   |  5 PagesCareer Essay: Lawyer Destiny Thompson Everest University Online September 28, 2012 Career Essay: Lawyer Lawyers serve as both advocates and advisers. Lawyers can also be called attorneys and counselors. They can interpret laws, apply laws in some situations, and even draft new laws. Advocates speak for clients in court by presenting supportive evidence. Advisers counsel clients on their legal rights and obligations. To become a lawyer youRead MoreCareer Essay1314 Words   |  6 PagesAutomotive Service Technicians And Mechanics Career Essay Iven Garcia GUST 1270 Professor Adams 30 November 2009 The career that I have literally chosen is the automotive service technician and mechanics career. The reason why I chose this career it’s because†¦ Well actually I have plenty and many reasons to choose from because I am very passionate about this career and I have lived through it my entire life. One reason is that Auto Mechanics is because to me it’s an interesting fieldRead More Career Essay487 Words   |  2 PagesCareer Essay Sport Management For the longest time I could not decide on a major and a career to study throughout college. When I came to Georgia Southern University I discovered that they had a major that was very interesting to me. Sport Management id the ideal major for my interest and me. Since I love sports I figured that this would be the career for me. A degree in Sport Management helps to prepare for success in sport related occupations. The job market varies in the field of sportRead MoreCareer Essay2282 Words   |  10 PagesShivai Soni MGT 406 Richard Warm 10/11/2010 Career Essay Values seem to always affect the kind of path we choose in life. The biggest decision our values affect is the career path we choose to follow and the way we decide to approach it. Our life is based on certain core values and these values make us who we are as a person. It is important for me to stick to my core values in order to have that satisfying life I desire. Though my core values vary, these are some of my values that drives me asRead MoreA Career Essay : The Career Of My Dream1111 Words   |  5 Pagesup, they say they want to be doctors, firefighters, astronauts, or billionaires. These are all careers which guarantee a nice, steady, sizeable income and financial stability. Most kids don’t really want to pursue a career that almost guarantees poverty. I guess that’s what makes me special. The career of my dreams is a career that will make virtually no money. The career of my dreams is a career that will have me living with housemates for the rest of my l ife; the first time I’ll get a roomRead MoreEssay on Career Interest: Deciding on a Career1859 Words   |  8 PagesCareer Interest Deciding on a career has been a challenge. My first career interest was to be a physical therapist. As a child I would look at my mother-nursing textbook was intrigued by the muscular and skeletal systems The most intriguing part was how muscles, tendons, and ligaments all work to attach themselves to our skeletal system to create motion. My second career interesteas in mass communications. After only one semester I realized that I had no real desire to pursue a career in this fieldRead MoreEssay on career632 Words   |  3 Pages Career and Family Report nbsp;nbsp;nbsp;nbsp;nbsp;The career I chose was Computer Engineer. Computer Engineers work with the hardware and software aspects of computer design and development. They use science and mathematics to develop new kinds of hardware and software and also solve technical problems. Computer engineers usually work as part of a team rather than by themselves. Computer hardware engineers usually design, develop, test and supervise the manufacture of computer hardware-Read More Dentist Career Essay690 Words   |  3 PagesDentist Career Dentistry is a career in healthcare that works in the mouth. Dentists are trained to diagnose, prevent, and treat various problems associated with teeth and mouth tissue. It is the job of the dentist to be fully aware of different types of dental problems and be able to recognize those problems through analyzing x-rays, as well as visual variation between individual mouths. The primary focus of dental care is to teach prevention to its patients of how to prevent gum disease, toothRead MoreCareer Research: A Career as a Social Worker Essay540 Words   |  3 PagesI chose social working as my career because many other people go through tough situations and have a difficult time talking to relatives or friends to help them through a tough situation. I thought of becoming a social worker so I can have the ability to change the lives of others. Social work is one of those careers you can truly make a difference in people’s lives. I want to become a social worker because life isnà ¢â‚¬â„¢t about just helping yourself it’s about helping others as well, which is what social

Wednesday, May 6, 2020

A Cry For Justice By Martin Luther King Jr. - 1581 Words

A Cry for Justice The â€Å"Letter from Birmingham Jail,† a brilliant compilation of ethos, logos and pathos. Martin Luther King Jr. executed a monumental movement in the United States. Supporting the minority group, and acting as a voice for the people. King firmly believed in what the declaration of independence had to say about the rights of men all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness (1). (Declaration of independence) Not only was king upset about the condition of living for the minority he was furious when the churches would not accept that they were not helping the cause. Martin Luther King Jr. Sent the Birmingham letter as a cry for justice, using ethos, logos and pathos to defend the ones in need. Here is some background information about what was going on in America at the time King started his movement. The book Justice Denied explained a news article the day before King was arrested four little black children were killed when a bomb was tossed out of a passing car into a Sunday school class at the 16th street Baptist Church (342). (Justice Denied) Tensions were high at that time causing hate from both the white and black population. Justice denied had yet another article about how the black population was treated The forces were made up mainly of high school and college youths. They were beaten, set upon by police dogs, and hit by highShow MoreRelatedMartin Luther King s I Have A Dream Speech891 Words   |  4 PagesSince Kindergarten, teachers have been teaching students about Martin Luther King Junior’s â€Å"I Have a Dream† speech. Ever since children have been born, they have celebrated Independence Day by either going to a parade, or shooting fireworks. Although, at these young ages, children don’t quite know the real importance of each of them. Martin Luther King Jr. wanted every human being, regardless of their race to be treated fairly or just. Independence Day was the day on July 4, 1776 where fifty-sixRead More Compare and Contrast:Martin Luther King Jr. Essay735 Words   |  3 Pages Compare and Contrast: To my understanding the letter that Martin Luther King Jr. composed while confined in the Birmingham Jail, is as one with the appeal that was given by David Walker. Both the letter and the appeal were pleas, pleas to the African American race. Not only to African Americans, but to my surprise and yours it was also written to all races suffering from the same injustice. These pleas were strong and very urgent. Our fears then and are still now today have kept our souls andRead MoreBirmingham Campaign Speech Persuasive Speech1639 Words   |  7 PagesInterviewer: Good evening ladies and gentlemen, please welcome Martin Luther King Jr. Martin Luther King Jr: Good evening, it’s a privilege being here to discuss an important matter with you all. Interviewer: I hear that you re going to talk about the history of Racial Discrimination which happened in Birmingham, 1963. Martin Luther King Jr: Yes, that is true. I believe it is time for the audience to learn the truth about the Birmingham Campaign that happened in 1963. Interviewer: We are tryingRead MoreMartin Luther King Rhetorical Analysis806 Words   |  4 PagesRhetorical Analysis of Martin Luther King’s Speech â€Å"I Have a Dream† Likita M. Taylor ITT-Tech English 1320: Composition I November 12 2012 Rhetorical Analysis of Martin Luther King’s Speech â€Å"I Have a Dream† â€Å"I am happy to join with you today in what will go down in history as the greatest demonstration for freedom in the history of our nation.† These are the opening words of Martin Luther King’s â€Å"I have a dream speech†, which he predicted will be the foundation of the Civil Rights MovementRead MoreBlack Power Movement774 Words   |  4 Pagesam Black and I am proud’ was an anthem that filled the 1960s. A time period which saw the militancy of Malcolm X, the assassination of Martin Luther King Jr. and a student movement that would push forward an agenda of black culture empowerment that would change America. This movement arose from civil activism of the 1950s with leaders such as Martin Luther King Jr, Malcolm X during the Civil Rights movement and then Stokely Carmichael. The Black Power Movement arose from males who had grown wearyRead MoreThe Black Lives Matter : Dr. Martin Luther King895 Words   |  4 Pagesthat, â€Å"all lives matter,â⠂¬  and proceeded to state that Martin Luther King would be â€Å"appalled by the notion that we’re elevating some lives above others.† Within the next week Leonard Pitts Jr. responded to Huckabee’s statements displaying his belief that rather than being appalled, King would be pleased by the movement, saying that the idea of exemplifying a movement as â€Å"elevating a race† is a ridiculous concept. Generally, Dr. Martin Luther King would have agreed with Leonard Pitts’ statement; forRead MoreEssay on Martin Luther King Rhetorical Analysis1420 Words   |  6 PagesAbout Freedom Martin Luther King Jr.s I Have a Dream speech is one of the most successful and most legendary speeches in United States history. Martin Luther King Jr. was a masterful speaker, who established a strong command of rhetorical strategies. By his eloquent use of ethos, logos, and pathos, as well as his command of presentation skills and rhetorical devices, King was able to persuade his generation that the Negro is not free (King 1). His speech became the rallying cry for civil rightsRead MoreArgumentative Synthesis Letter from Birmingham Jail1535 Words   |  7 PagesEverlasting Voice of Understanding During the 1960’s of American history violent acts were aimed at African Americans in the name of racism and segregation. In a case such as this one, many would seek refuge from the government, but to little surprise, cries for refuge went unanswered. Making matters worse was the fact that the Government allowed segregation to continue due to legal documents in many southern states. Acceptable forms of oppression were separated into four categories: racial segregation;Read MoreOne Man s Cry Out1530 Words   |  7 PagesOne Man’s Cry Out Members of the Southern Christian Leadership Conference, including Rev. Dr. Martin Luther King Jr., participated in a campaign against racial segregation and economic injustices in Birmingham, Alabama. On April 12, 1963, King and nearly 50 other protestors and civil rights leaders were arrested on a Good Friday for an ordinance violation. The movement was one of nonviolence: however, it was the intent to use confrontational tactics to give awareness of the Blacks’ oppositionRead MoreAnalysis Of Letter From Birmingham Jail1542 Words   |  7 Pagesâ€Å"Letter From Birmingham Jail,† Martin Luther King, Jr. addresses fellow ministers’ criticisms on his movement by eloquently expressing his views on the fight to end segregation in an incredibly organized manner. He calmly and directly shoots back a compelling argument to those who question his authority to lead protests on the subject. Overall, King uses examples and accurate representations of history to show the need for change. MLK Jr.’s letter embodies the rightful cry of the African American population

Australian Legal Studies Student Tutorial Book Semester 2 Free Essays

Australian Legal Studies Student Tutorial Book Semester 2 2013 ? Australian Legal Studies Course Semester Two Tutorial Format 1 session of 1. 5 hours duration per week There is one tutorial session each week and each session will focus on topics from the previous weeks lecture. For example, in week 2 the tutorial will discuss topics covered in the lecture for week 1. We will write a custom essay sample on Australian Legal Studies Student Tutorial Book Semester 2 or any similar topic only for you Order Now The topics for each weeks lecture and the reading you are expected to do for that lecture are set out in the â€Å"Outline and Reading Guide†. As well as reading from the set textbooks you also need to read the additional readings and resource materials for each unit. These materials are located in the separate Legal Studies Supplementary Material booklet which accompanies this Tutorial Program. The questions which you will discuss or present in your tutorials are listed in this Tutorial Program. Before each tutorial you must complete the suggested reading for that week and then prepare formal, written answers to the questions. You are expected to take an active part in these tutorials by discussing the topics and by raising questions. You will also be given regular writing and a team oral task to complete in tutorials and are expected to refer to decided cases in your answers. It is essential that you prepare for these tutorials by completing both the reading and writing tasks. This will ensure your success in the program. UNSW Foundation Studies 1 ALS Tutorial Book Semester 2 Australian Legal Studies Course Outcomes Rationale Australian Legal Studies introduces students to the Australian constitutional and legal framework. It assumes no previous knowledge. The course examines some detail of the major topic areas that students can expect to encounter at undergraduate level. Students will gain a clear awareness of the important institutions and processes in the Australian and Global legal environment and be exposed to current political and legal issues. Content Outcomes At the end of the course successful students will have developed an: ? understanding of the origins and sources of Australian and International law ? understanding of comparative legal systems and the responses of domestic law to global challenges ? awareness of how cultural differences impact upon the legal system ? appreciation of the impact of law on everyday life and on business operations understanding of basic legal terminology and concepts ? ability to analyse legal cases and apply the law to a range of situations ? awareness of the complexity of legal issues in the global business environment and in the world of e-commerce ? awareness of a variety of dispute resolution processes in Australia and from a global perspective UNSW Foundation Studies 2 ALS Tutorial Book Semester 2 Skill s Outcomes At the end of the course successful students should be: ? competent in both oral and written English language communication skills required for successful undergraduate study proficient in using a range of communication technologies ? able to think critically and analyse problem solving questions in legal studies ? able to engage in independent and reflective learning ? proficient in locating and using information from a variety of sources ? able to work in groups and teams ? familiar with teaching and learning styles at Australian universities ? able to behave ethically and take responsibility for their own actions and educational outcomes ? effective at task and time management ? aware of different cultures and understand alternative viewpoints UNSW Foundation Studies 3 ALS Tutorial Book Semester 2 Student Assessment in Australian Legal Studies Standard Program Assessment schedule Item Duration Weighting Semester 1 exam 1. 5 hours 30% Final exam (Sem. 2 topics only) 2. 5 hours 60% Tutorial Preparation Participation Full year 10 % (2 x 5%) UNSW Foundation Studies 4 ALS Tutorial Book Semester 2 Semester 1 Exam Weighting: 30% This assessment item examines all units from Semester One. Normally a semester examination consists of multiple choice items and short written responses similar to those asked as tutorial questions. The semester exam covers semester 1 units only. Final Exam Weighting: 60% This Examination covers all units from Semester Two. Normally the Final Examination consists of multiple choice questions, short written responses and longer essay answers. The final exam covers semester 2 units only. Tutorial Preparation/Participation Weighting: 10 %( 2x 5 % per semester) Marks are allocated according to a variety of criteria relating to students overall tutorial performance. Some of these criteria might include: ? the quality of written answers prepared for tutorials and quality of graded writing tasks; ? individual oral presentations on particular tutorial questions as nominated by the tutor; ? o-operation and willingness to participate in and at times lead discussion on particular tutorial questions as nominated by the tutor ? evidence of completion of the required and additional reading; ? punctuality and attendance UNSW Foundation Studies 5 ALS Tutorial Book Semester 2 Australian Legal Studies Oral Presentation Student Feedback Sheet Student name / tutorial gro up: Grading Criteria Excellent Very Good Satisfactory Not Satisfactory Organisation Evidence of planning Content Relevant and accurate Quality Explanation of legal issues and concepts Discussion Facilitated and responded to class questions Delivery Confidence, clarity, resources used Time Frame Kept within time limit 5-10 min Additional Comments by Tutor: Overall Grade: Date: Signature of Tutor: UNSW Foundation Studies 6 ALS Tutorial Book Semester 2 Required Textbooks KEY TO REFERENCES Alderson P (2006) Legal Dictionary for Australians,2nd ed. McGraw-Hill, Sydney. Note: Students are expected to make ongoing use of their dictionary. Carvan, John (2010) Understanding the Australian Legal System 6th ed. Lawbook Co. Sydney Chew Charles YC (2008) Business Law Guidebook 1st ed Oxford Melbourne Australia Australian Legal Studies Supplementary Material RELEVANT http://www. eo. gov. au (Parliamentary Education office) http://www. aph. gov. au (Australian Parliament House) http://www. hcourt. gov. au (High Court of Australia) http://www. austlii. edu. au (Aust. Legal Information Institute) http://www. lawlink. nsw. gov. au (NSW Courts and Tribunals) http://www. ipaustralia. gov. au (Intellectual Property Australia) http://www. ahtcc. gov . au (Aust. High Tech. Crime Centre) http://www. acia. org. au (Aust. Centre International Commercial Arbitration) http://www. law. unsw. edu. au/centres/klc( Kingsford legal centre UNSW) http://www. comlaw. gov. au (Commercial law) http://www. business. ov. au ( Business Law) http://www. australiancontractlaw. com (contract aw) http://www. flyingsolo. com. au ( sole traders) UNSW Foundation Studies 7 ALS Tutorial Book Semester 2 Semester 2 Outline and Reading Guide Unit Lecture topics Reading for Tutorials 1 Introduction to Commercial Law Legal framework for the operation of a business Alternative business structures Obligations of business owners Chew ch 9 Carvan p. 194-198 SM Corporations Law Concept of legal personality and the corporate veil ( Salomon case) Advantages and disadvantages of Incorporation Role and responsibility of company directors (ASIC v Adler) Remedies for breach of duty 3 Negligence 1 Tort of negligence –Donoghue v Stevenson Duty of care-neighbour principle Standard of care – reasonable person test Causation – but for test Remoteness of damage 4 Chew ch. 8 Carvan ch. 8 SM Negligence 11 Liability for negligent misstatement and pure economic loss Liability of professional advisers Vicarious liability Defences-Contributory negligence Voluntary assumption of risk 5 Chew ch’s 10 11 Carvan p. 194-198 SM Chew ch. 8 Carvan ch. 8 SM Contracts I Nature of contract law Elements of a contract Offer and acceptance Competition and Consumer Act UNSW Foundation Studies Chew ch. 2 Carvan ch. 7 SM ALS Tutorial Book Semester 2 Unit Lecture topics 6 Reading for Tutorials Contracts II Intention to create legal relations Consideration Remedies for breach of contract 7 International Sales Contracts 1 Contracts and International Trade Vienna Convention of CISG How to negotiate and carry out an export contract 8 SM Int ernational Sales Contracts 11 Case Studies Choice of Law rules Proper Law Private International law 9 SM Resolving Business Disputes ADR methods used in commercial disputes Case Study-International business dispute 10 Chew ch. 7 Carvan p. 85-87 Intellectual Property Law Intellectual Property (IP) concepts IP protection- Aust. and International UGG boots case study 11 SM Carvan p. 201-204 E-Commerce and the Law Case Study- Gutnick v Dow Jones Legal Challenges for the future e. g. identity theft Contracting on-line Cybercrime- defamation, fraud, piracy. 12 13 Chew ch’s 34 Carvan ch. 7 SM Chew ch. 7 SM Revision Revision units for Exams M. C. essay writing skills Review of Sample Exams Sample Exam Booklet Final Exam UNSW Foundation Studies 9 ALS Tutorial Book Semester 2 1 Introduction to Commercial Law Week 2 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. commercial law business entity sole trader partnership franchise company Prepare answers to the following questions using paragraph form. 1. What is the scope of commercial law? How do business and the law work together? (Give an example) 2. Mr. Lee wants to establish a construction business. He seeks your advice about different types of business structures. What are the alternative business structures he may consider? 3. What are the advantages and disadvantages of the following alternative business structures? ? Sole trader ? Partnerships ? Franchise . When establishing a business, what are some of the legal obligations of a business owner? Writing Task What is commercial law? Explain some of the legal obligations of the business owner when establishing and operating business. Student Presentation: Question 2 UNSW Foundation Studies 10 ALS Tutorial Book Semester 2 2 Corporations law Week 3 The following terms and concepts mu st be understood in the context of the tutorial. You should provide written definitions of these concepts. corporation corporate personality limited liability unlimited liability corporate veil fiduciary relationship shareholder irector perpetual succession Prepare answers to the following questions using paragraph form. 1. What are the advantages and disadvantages of incorporation? 2. Discuss the legal principle of the corporate veil and in your answer refer to the case of Salomon v Salomon Co. Ltd (1897) UK. 3. When would the court lift or ignore the corporate veil? (give examples in your answer) 4. Explain the duties of Mr. Lee as a director of Lee Constructions Ltd. What remedies could the court impose for a breach of these duties? (In your answer refer to ASIC v Adler (2002) Writing Task What is the corporate veil? Explain the circumstances under which the corporate veil could be lifted. (In your answer refer to a decided case) Student Presentation: Question 4 UNSW Foundation Studies 11 ALS Tutorial Book Semester 2 3 Negligence 1 Week 4 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. tort negligence duty of care standard of care â€Å"reasonable (person) test† causation â€Å"but for test† remoteness of damage defence Prepare answers to the following questions using paragraph form. 1. Explain the elements of negligence. 2. Discuss the element of duty of care developed in the landmark case of Donoghue v Stevenson (1932). Refer to Lord Atkin’s definition of â€Å"Who is my neighbour†? 3. Mr. Lee was having a business lunch at a hotel in Sydney with a client who bought him a can of beer. After drinking some of its contents, he found a fly in the can. When he saw it, he became quite ill. He decides to sue for compensation. The manufacturer claims that it does not owe the man any duty of care because it did not sell the drink to him. Instead the publican should be liable because he sold the can to him. (i) Identify the type of tort and relevant precedent case. (ii) If you were the judge, what decision would you make in this case? Explain the ratio of your decision. What are the possible civil defences? (iii) 4. Explain the element of breach of duty with reference to the following cases: Bolton v Stone and Paris v Stepney Borough Council Writing Task What is negligence? Explain briefly the elements which the plaintiff must prove to be successful in a negligence action. (In your answer refer to decided cases) Student Presentation: Question 3 UNSW Foundation Studies 12 ALS Tutorial Book Semester 2 4 Negligence 11 Week 5 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. negligent misstatement pure economic loss contributory negligence voluntary assumption of risk vicarious liability Mr. Lee has, for many years, operated a construction business in Sydney. He decided to expand his business but realised that to do so he would need to borrow a significant amount of money. Mr. Lee went to his local branch of the Oright Bank to ask for a loan. He spoke to Barlow, the branch manager. The Oright Bank has an established practice of giving free financial advice to members of the public. Barlow advised Mr. Lee that the Oright Bank would not grant him a loan and that in any event Mr. Lee’s best course of action would be to borrow Swiss francs from the Bank of Geneva. The Bank of Geneva was lending Swiss francs at a much lower rate than Mr. Lee would have to pay if he borrowed Australian dollars. Acting on this advice, Mr. Lee borrowed one hundred thousand Swiss francs from the Bank of Geneva. Soon after Mr. Lee took out his loan the Australian dollar fell heavily against the Swiss franc. As a result of that fall, Mr. Lee must now repay, in dollar terms, twice as much as his original loan. Mr. Lee now claims that Barlow was negligent in not warning him of the risks of currency fluctuation and in not advising him to take out insurance to protect himself from those risks. He wishes to take legal action against the Oright Bank to recover his loss. Write a report to advise Mr. Lee of his chances of success based on the tort of negligence. (In your answer refer to decided cases such as Hedley Byrne, Shaddock, Esanda. ) You will need to consider these issues: a) b) c) d) e) f) g) Is the Oright Bank liable for damage caused by Barlow’s negligence? Did Mr. Lee suffer pure economic loss? Does the Oright Bank owe Mr. Lee a duty of care? If so, has the Bank breached its duty? If so, did the bank’s breach cause Mr. Lee’s loss? Is Mr. Lee’s loss too remote? What are possible defences which the Oright bank can argue? Writing Task (Mandatory): Connie case (provided by tutor) Student Presentation: None UNSW Foundation Studies 13 ALS Tutorial Book Semester 2 5 Contracts 1 Week 6 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. offer acceptance agreement contract invitation to treat breach Competition and Consumer Act 2010 Prepare answers to the following questions using paragraph form. 1. Identify and discuss the essential elements of a valid contract. (In your answer distinguish between simple and formal contracts under seal) 2. Explain the rules of offer and acceptance. (In your answer distinguish between an offer and an invitation to treat) 3. Analyse the case of Carlill v Carbolic Smoke Ball Co 1893. Discuss the facts, issue, arguments of both sides and decision in this case. Consider the relevance of the Competition and Consumer Act 2010 (previously the Trade Practices Act) S18 if the case was being heard today. 4. Mr. Lee sees the following advertisement in a magazine: â€Å"Use Hair Loss Restorer daily for 10 weeks and your hair will regrow to its original thickness, if not a full refund is guaranteed! † Mr. Lee purchases the product, uses it as directed, however his hair continues to fall out! He claims a refund but the company refuses to pay. Advise Mr. Lee as to his rights under the Law of Contract. (In your answer refer to one decided case) Writing Task: Bargain Stores case study (provided by the tutor) Student Presentation: Question 4 UNSW Foundation Studies 14 ALS Tutorial Book Semester 2 6 Contracts 11 Week 7 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. intention to create legal relations consideration remedy damages specific performance Prepare answers to the following questions using paragraph form. 1. How important is intention to enter into legal relations in contracts? Refer to Balfour v Balfour (1919) and Merritt v Merritt (1970) in your answer. 2. Explain the difference between adequate and sufficient consideration. Refer to decided cases. 3. Where there has been a breach of contract, what remedies are available to the innocent party? Refer to examples in your answer) 4. Mr. Lee has lost his dog and has placed an advertisement in the local newspaper offering to pay a reward of $50 to anyone who finds his dog, Spot. Bob, who has not seen the advertisement, finds Spot. He reads Spot’s collar and returns the dog to Mr. Lee. Is Bob entitled to the reward? Don has also lost his dog an d similarly places an advertisement notifying a reward. He offers $100 for the return of his dog, Fido. Harry, the local dog catcher (whose job involves retrieving and impounding stray dogs and promptly notifying their owners), sees the advertisement. Later Harry finds Fido and returns him to Don. Is Harry entitled to the reward? Writing Task Coming of Age Designs case study (provided by tutor) Student Presentation: Tutorial Question 4 UNSW Foundation Studies 15 ALS Tutorial Book Semester 2 7 International Sales Contracts 1 Week 8 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. proper law Vienna Sales Convention(CISG) conflict of laws private International Law Prepare answers to the following questions using paragraph form. 1. What are the 3 basic legal questions for Mr. Lee to consider when entering into a contract with an overseas supplier of machinery for his construction company? 2. What are the aims and main provisions of the Vienna Sales Convention (CISG)? 3. Explain the different types of contracts which can be used for international sales of goods and services. 4. Explain the special features of international sales contracts. (In your answer refer to examples) Writing Task What is an international sales contract? Explain briefly the basic legal questions which must be considered when entering into an international sales contract. Student Presentation: Tutorial Question 2 UNSW Foundation Studies 6 ALS Tutorial Book Semester 2 8 International Sales Contracts 11 Week 9 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. fundamental breach damages letter of credit nachfrist notice Prepare answers to the following questions using paragraph form. 1. What are t he key issues to consider when problem solving a dispute over an international sales contract? 2. Discuss the following cases in terms of proper law of the contract: Oceanic Sun Line Special Shipping v Fay (1988) Amin Rasheed Shipping Corp. v Kuwait Ins Co (1984) 3. Explain the possible remedies for a breach of an international sales contract. 4. Lee Constructions Ltd. an Australian company, entered into a contract with Cologne Park Pty. Ltd. a German manufacturer of cranes, to purchase two new machines. The parties agreed that the payment would be by letter of credit but at the time of shipment the buyer had not obtained any letter of credit. Advise the seller as to their legal rights. Writing Task: Jill and Wen case study (provided by the tutor) Student Presentation: Tutorial Question 3 UNSW Foundation Studies 17 ALS Tutorial Book Semester 2 9 Resolving Business Disputes Week 10 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. Alternative dispute resolution (ADR) Negotiation Mediation Conciliation Arbitration Independent expert appraisal Litigation Aust. Commercial Disputes Centre (ACDC) Aust. Centre for International Commercial Arbitration (ACICA) Prepare answers to the following questions using paragraph form. 1. What is a commercial dispute? (In your answer refer to examples) 2. Lee Constructions Ltd. has a dispute with a supplier of concrete which is necessary to complete a new building in the city. He may experience a loss of $5 million if the building is not completed on time. Outline possible methods which could be used to settle this dispute. 3. What are the advantages and disadvantages of ADR methods when used in the resolution of a consumer dispute between a landlord and a tenant? 4. What would be some of the problems of using litigation to settle an international commercial dispute? What are the advantages of Arbitration? Writing Task What is ADR? What would be some of the problems of using litigation to settle a consumer dispute between a builder and a customer? Student Presentation: Tutorial Question 2 UNSW Foundation Studies 18 ALS Tutorial Book Semester 2 10 Intellectual Property Law Week 11 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. intellectual property (IP) copyright trademark trade secret patent registered design IP Australia infringement Prepare answers to the following questions using paragraph form. 1. What is Intellectual property? Give examples of different types. (In your answer refer to the UGG BOOT case study) 2. How can an effective intellectual property management strategy give Lee Constructions a competitive advantage? . Lee Constructions have expanded operations overseas and seek advice about international IP protection. How can the company protect its IP assets overseas? 4. Lee Constructions Ltd. have launched ? a new trademark, ? a new chemical which quick dries poured concrete, ? a new aluminium pylon, ? a software package for a design of buildings. Advise the com pany as to how it can prevent competitors from copying these IP assets. What possible remedies may be available for infringement? Writing Task How can an effective IP strategy improve the market share and profit of a company? Student Presentation: Tutorial Question 4 Internet Sites http://www. ipaustralia. gov. au http://www. copyright. org. au http://www. wipo. org UNSW Foundation Studies 19 ALS Tutorial Book Semester 2 11 E- Commerce the Law Week 12 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. cybercrime defamation fraud contracts on-line identity theft Prepare answers to the following questions using paragraph form 1. Mr. Lee is a victim of ‘identity theft’ and has money withdrawn from his bank accounts without his knowledge. How does the law in Australia deal with these types of offences? . Discuss the legal issue in Gutnick v Dow Jones Co Inc (2002) and possible legal remedies. 3. Why is increasing use of the internet providing legal challenges to business? (give examples in your answer) 4. When engaging in e-commerce, what issues should be considered when entering into contracts on-line? Writing Task Explain the legal issue and si gnificance of the decision in Gutnick v Dow Jones Co. Inc. Student Presentation: Tutorial Question 4 UNSW Foundation Studies 20 ALS Tutorial Book Semester 2 12 13 Revision Week 13 Revision ? Review of sample examinations ? Multiple choice questions Exam essay writing ? Using precedents UNSW Foundation Studies 21 ALS Tutorial Book Semester 2 UNSW Foundation Studies 22 ALS Tutorial Book Semester 2 UNSW Foundation Studies UNSW Foundation Studies UNSW Sydney NSW 2052 Australia Telephone: 61 2 9385 5396 Facsimile: 61 2 9662 2651 Email: foundation. year@unsw. edu. au Web: www. ufs. unsw. edu. au UNSW Foundation Studies is an education group of UNSW Global Pty Limited, a not-for-profit provider of education, training and consulting services and a wholly owned enterprise of the University of New South Wales ABN 62 086 418 582 CRICOS How to cite Australian Legal Studies Student Tutorial Book Semester 2, Essays