Friday, January 31, 2020
Germany and the European Union Essay Example | Topics and Well Written Essays - 250 words
Germany and the European Union - Essay Example As mentioned above, EU embraces international trade at a larger extent. Germany would benefit from this as it would the other countries in the integration. As a matter of facts, Germany can be looked at as a blessing to these other countries (Schweiger 12). This country is prosperous and has a strong economic productivity (Janning, tatsachen-ueber-deutschland.de). Thus, there is a lot that it brings on the table to the benefit of EU. For instance, it has a pool of quality products and up-to-date technology that is available at reduced or no tariffs to other nations in the integration. As would be like with any other symbiotic relationship, Germany is set to gain a lot from other nations as well. She would trade buying goods and services from other EU Nations. This will make the EU self-sufficient continent whereby all Member countries benefit (Janning, tatsachen-ueber-deutschland.de). As much as it is crucial for Europe to grow strong politically, it is obvious that economic dynamism brought about by integration as well as the attractiveness of the market to have played a bigger role as a driving force that prompted other European Nations to accede (Schweiger 16). Germany European Policy has supported the integration process and the establishment of institutions relevant to prosperity of the integration (Schweiger 22). In addition, Germany foreign policy ensures that her relations with other countries are aligned to EU policy (Janning, tatsachen-ueber-deutschland.de). In conclusion, Germany undoubtedly desires a Europe that has the ability of acting, transparent and democratic, one that has a strengthened European Parliament and certainly that has clearly defined
Thursday, January 23, 2020
Symbolism in A Good Man is Hard to Find and Araby Essay -- Flannery O
Symbolism In the short story, ââ¬Å"A Good Man is Hard to Findâ⬠, by Flannery O'Connor, every object including the characters are symbols. The Grandmother for example is the one and only dynamic character, represents all of us who have had to feel grief or needed to ask for forgiveness. As Flannery O'Connor has suggested, the story is a spiritual journey because of the Grandmother's quandaries. In the beginning of the story the Grandmother is obsessed with everything worldly and superficial. She cares only about how others perceive her, ââ¬Å"Her collars and cuffs were white organdy trimmed with lace and at her neckline she had pinned a purple spray of cloth violets containing a sachet. In case of an accident, anyone seeing her dead on the highway would know at once that she was a ladyâ⬠(O'Conner 413). She gets dressed up for a car trip so that, on the random chance that they would be in a car accident and that in that wreck she would be thrown from the car and laying on the pavement, she would be happy because the people passing by would think that she is a lady. This represents us as humans because daily we choose to be way too self-conscience. We care what people think whether we admit it or not. The first thing that comes to mind is me and my make-up. Make-up is a perfect example of us women caring a great deal about what others think of us. She is also very selfish in her activities. Instead of caring about what is best for the family, she wants to go to Tennessee because she has friends there whom she would like to see. There are three stages of thought for the Grandmother. During the first stage, which is in the beginning, she is completely focused on herself in relation to how others think of her. The second stage occurs wh... ...hat in just reading it the first time I looked right past. It wasnââ¬â¢t until my dad made me actually read some parts out loud that I understood. Even in these short stories, there is so much meaning packed into them. It shows how intelligent these writers actually are. In the beginning I didnââ¬â¢t care too much for this quirky little love story ââ¬Å"Arabyâ⬠yet after analyzing it, it has become one of my favorites and has inspired me to go back and re-read a few of the stories in this book that I may have just brushed past. Symbolic representation has become very interesting to me and both of these stories among many others are filled with it. Works Cited O'Connor, Flannery. "A Good Man Is Hard to Find." 1955. Literature: Reading Fiction, Poetry, Drama, and the Essay. 4th ed. Ed. Robert DiYanni. Boston: McGraw-Hill, 1998. Joyce, James. ââ¬Å"Arabyâ⬠. Kirszner and Mandell.
Wednesday, January 15, 2020
Iran nuclear deal
Iran's Nuclear Deal: Challenges and Opportunities Air Commodore (R) Khalid Iqbal These days, almost everyone is curious about an erratic and hence potentially troublesome nuclear deal reached between Iran and the P 5+1 (read America). Soon after the agreement, the two sides have begun interpreting it in opposite directions. Americans are claiming that Iran would have to significantly roll back its nuclear programme, whereas Iranian interpretation does not endorse this point of view. Soon the IAEA's version would start pouring in to further compound the confusion.Moreover, Obama may not be able to hold the Israeli pressure and congressional dynamics. Hence, America may backtrack. Immediately after the agreement, Russian Foreign Minister Sergei Lavrov summarized the deal as: ââ¬Å"This deal means that we agree that it is necessary to recognize Iran's right to peaceful atoms, including the right to enrichment, provided that the questions that remain to the Iranian nuclear programme and the programme itself come under strict control of the IAEA. This is the final goal, but it has already been set in today's document. The opponents of the deal insist that Iran has retained its potential to create a nuclear weapon. The whole of its Uranium enrichment infrastructure remains intact. A disappointed Israeli Prime Minister Benjamin Netanyahu said: ââ¬Å"l emphasize: the deal does not envisage the elimination of a single centrifuge. â⬠Many experts are of the view that Iran's large nuclear infrastructure, which consists of some 17,000 enrichment centrifuges, is needed if a country has 12-15 operating nuclear plants which have to be supplied with fuel rods.Of now Iran has only one nuclear power plant, in Bushehr, which receives its fuel from Russia. Iran has agreed to stringent intrusive monitoring and control procedures employing video cameras, meters and snap inspections. Interestingly it has been allowed to manufacture centrifuges to replace those becoming non-fun ctional. The number would however stay constant. Iran had never put forward its claim to the necessity of nuclear weapons; it had all along been advocating a WMD free zone in the Middle East.According to the details of the agreement, Iran will halt enrichment of uranium above 5 percent purity for the next six months, retain half of its 20 percent enriched Uranium and dispose off emaining half by diluting it to less than 5 percent enrichment level. Iran has agreed that it will not make any further advances of its activities at the Natanz Fuel Enrichment Plant, Fordow, or the Arak reactor. However, Iran will continue its safeguarded R;D practices, including its current enrichment R; D practices, which are not designed for accumulation of the enriched Uranium.It will not construct any additional facility capable of reprocessing. In addition, its nuclear facilities in Fordo and Natanz will come under the IAEA control, while the construction of a heavy-water greement, to be negotiated wi thin one year after implementation of interim agreement, Iran's nuclear would be treated at par with other NNWS member of the NPT. In return for the interim agreement, the P5+1 group, (read the United States and the ELI), have agreed to ease some of the sanctions against Iran.This will allow Iran to resume limited trade relations with the United States in the oil and gas, petrochemical and automotive sectors as well as trading in gold and precious metals. The resulting benefit for Iran will amount to $5-7 billion. Indeed in the aftermath of his agreement, many bluffs have been called. Iran stands on high moral ground because its long-time stance of not building nuclear weapons stands validated. However, Iranians are known for their farsightedness and shrewd diplomacy; it would be naive to believe that they have signed an agreement for grabbing Just IJS$ 7 billion.Likewise, Americans are also no raw to let Iran retain critical capability of enriching Uranium up to 20 percent mark and remain content with cosmetic un-enriching of already enriched Uranium. Mark Urban's story aired on BBC on November 06, that Pakistan has given final touches to he nuclear weapons in compliance to the Saudi order and, proverbially, the caravan of camels carrying the nukes would start marching towards Saudi Arabia on Kings wink of eye, has fallen flat on the ground.Like Iran, Saudi Arabia is also a signatory and compliant of the NPT, and it has also never strived for any nuclear pursuits beyond its obligations as a NNWS member of the NPT. The interim nuclear understanding has indeed thrown up an opportunity for the Americans to recede from their position of untenable rhetoric and retool their relations with Iran. Since the fall of Iranian monarchy, America has been running rom pillar to post for discovering its new sustainable and robust moorings in Asia in general and in the Middle East in particular. It has not been able to find a substitute to ââ¬Å"Shah's Iranâ⬠.Sustainable and functional Iran-US relations could offer much relief to America in many ways. America needs to shed at least a bit of Israeli baggage to make way for some patchy and truncated Palestinian state. Moreover, America is looking for a face saving political settlement in Syria, which also needs Iranian cooperation. Furthermore, Iranian influence in Afghanistan gives it a spoiler's role in the context 2 of post 2014 Afghanistan. The interim nuclear agreement with Iran provides America an opportunity of harnessing Iranian help in achieving these objectives.Iran has recently inaugurated Afghanistan's alternative access to warm waters via Chahbahar. Americans are desperate to find an alternative to their troublesome supply routes passing through Pakistan as well as the circuitous and expensive Northern Distribution Network. American relationship with Saudi Arabia is on decline and Saudis are further unhappy with the US for not doing enough against Iran. America's rapprochement with Iran would offset its critical dependence on Saudi Arabia. As of now, the US is coping with its politico-military failures in Iraq and Afghanistan. llies that would like to drag the United States into military operations in Libya and Syria ââ¬â a hard sell to a common American. With most of the Arab countries consumed by the strains of the Arab spring, America may be feeling the necessity to reconfgure the Middle East. These constraints might have prompted the US to engage with Iran, which may be ready to own Shah's vision of becoming a policeman of the Gulf. If so, such a move could restore pre 1979 the balance of power in the Middle East, when Iran served as a linchpin of Gulf security.America's attitude to the Iranian nuclear program has undergone a sudden change and the nuclear deal could herald a change of balance of power in the Middle East. It may be an equivalent of America's unprecedented rapprochement in its relations with the Communist China in 1970. Agreement provides a w indow of opportunity to revive the IPl project. Iran and Pakistan have already decided to fast track the IP portion of the project. There are indicators that donors are now showing willingness to fund the IP project. However, even if India Jumps in, Pakistan should go for completing the IP first, and later lay dditional pipeline for India.IP should not be delayed for reverting back to the integrated IPl version. Pakistan had persistently urged for a non-military solution to the standoff over Iran's nuclear programme. It has, therefore, welcomed the interim arrangement. Events unfolding during the next six months would be crucial. Pakistan needs to be watchful and prepared to confront malicious attempts to drag it into nuclear controversies. 3 {Carried by the Nation on December 02, 2013 under the heading: A Leap Forward}. Writer is Consultant Policy Email:[emailà protected] com and 4 Strategic Response at IPRI.
Tuesday, January 7, 2020
American Federalism And Gun Control - 1364 Words
American Federalism and Gun Control In the Unites States of America Federalism is the basic structure of the American government; it is the distribution and balance of powers between the National government and the States government. In order to obtain a compromise between those who wanted stronger state government and those who preferred a stronger national government the founding fathers arranged and settled for a federal system rather than the alternatives of a unitary or confederal system. While both National and State governments each have specific powers and authority, they also share certain powers and must be able to cooperate effectively with each other. In the United States Constitution it is stated that ââ¬Å"No single section of the constitution deals with federalism. Instead, the provisions dividing power between the states and the national government appear throughout the constitution. Most of the constitution is concerned with establishing the powers of the national government. National power is also based on the supremacy clause of article VI, which says that the constitution and laws made in accordance with it are ââ¬Å"the supreme law of the landâ⬠. This means that when national and state laws conflict, the national laws will be followed. Article I, section 9 limits the power of the national government over individuals. The tenth amendment the constitution also limits the state powers in Article I, section10 and denies the states certain powersâ⬠(Keeping theShow MoreRelatedGun Control Vs. Gun Rights1099 Words à |à 5 PagesReflection Paper One: Gun Control Vs. Gun Rights Whether you gather your information from the newspaper, radio, or a website, you have certainly been exposed to one of the most controversial, current debates. It seems that the media refuses to stop talking about this topic. In fact, as soon as the press over one event disappears another event seems to revive the debate. Some citizens say that we need more restrictive gun laws. Meanwhile, other Americans say that more guns are what is necessary.Read MoreThe Role Of Federalism And Its Effect On American Government1517 Words à |à 7 Pagesntââ¬â¢s activities Federalism is known to be when national government shares power with multiple lower governments and they exercise power over the same people or same territory. Federalism has impacted and continues to impact American government and was created to help groups keep and remain their same powers although time changes. Unlike the unitary system where the lower levels of government have little independent power, the system of federalism has separate powers for lower levels of governmentRead MoreEssay about Gun Controls Do Not Control Criminals1056 Words à |à 5 PagesGun Control Does Not Control Criminals à A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed (Bill of Rights, Article II). This seemingly simple phrase is probably the source of more debate and argument than any other single sentence in American history. The argument is not black and white, rather, it encompasses many shades of gray. At the one end of the spectrum you have the National Rifle AssociationRead MoreHandguns Should Not Be Banned Handguns1677 Words à |à 7 Pages Gun violence, especially that as caused by handguns, is a major problem in America. It affects millions of people annually, and the effects it has are irreversible. However, this reality does not constitute for a complete ban on the private ownership of handguns. A ban on the private ownership of handguns should not be enacted on the grounds that the United States government ought to preserve democratic legitimacy and constitutionalism, and a ban is not feasible or just in Americaââ¬â¢s politicalRead MoreThe Issue Of Gun Ownership1502 Words à |à 7 PagesCourt has consistently ruled against gun bans or regulations as violati ng the 2nd amendment. In the landmark ruling Heller vs. District of Columbia in 2008, the Supreme Court ruled that a thirty-two year ban on the private ownership of handguns in the District of Columbia was unconstitutional. The Supreme Court decided that the Second Amendment implies that the government cannot enact an outright ban on commonly held weapons or prevent citizens from having a gun at home for lawful uses. The decisionRead MoreA Well Regulated Militi The Founding Fathers And The Origins Of Gun Control1472 Words à |à 6 PagesOrigins of Gun Control in America By Saul Cornell Introduction The Second Amendment remains one of the most controversial pieces of legislation in the contemporary America. The onset of the controversy regarding gun ownership rights can be traced back to the nineteenth century. Some of the major events that shaped the debate on gun ownership include Shayââ¬â¢s Rebellion and the dispute between federalists and anti-federalists. Slavery and the abolition movement also shaped the debate on gun ownershipRead MoreGun Control During The Civil War1407 Words à |à 6 Pagesweapon is: something (such as a gun, knife, club, or bomb) that is used for fighting or attacking someone or for defending yourself when someone is attacking you. Weapons have been used for thousands of years, since the creation of man. However, its use was limited to only hunting and defending against large predatory animals. As time passed, man s knowledge of weaponry expanded beyond a simple club and transformed into guns. Prior to the 1850s, Americans owned guns though no ne were used to inflictRead MoreAnalysis Of The Article Keeping The Republic Essay1626 Words à |à 7 PagesFederalism is a word that seems to be thrown around very often to describe our government, but does one know what federalism really mean? According to Christine Barbour, and Gerald C. Wrightââ¬â¢s book, Keeping The Republic, federalism is defined as a ââ¬Å"political system in which authority is divided between different levels of governmentâ⬠(Barbour and Wright 75). In America, this division would be between the national and state level. Now, how is federalism applied in the American law? It is not seenRead MorePolitics and Gun Control Essay961 Words à |à 4 Pagesa Free State, the right of the people to keep and bear Arms, shall not be infringed. -U. S. Constitution, Amendment II Over 200 years ago, when the Founding Fathers drafted the Second Amendment, no one ever questioned the need for private gun ownership. The founders at that time had considered that private firearms were efficient to protecting personal liberty, both as a means of opposing foreign threats and also as a check against excessive government power. ââ¬Å"The founders were passionatelyRead MoreThe Evolution Of The American Political System1284 Words à |à 6 Pages1.Analyze the evolution of the American political system. Be sure to include one individual or document that influenced the Constitution and one change in the federal system. John Locke was been one of Americas most significant figures who influence how the countryââ¬â¢s political system works today. Locke redefined the whole nature of the government, his views were similar to Thomas Hobbesââ¬â¢ ideas (Hobbes concluded that people are incapable of ruling themselves because itââ¬â¢s in our nature to self-centered
Monday, December 30, 2019
Hack s Unauthorized Computer Entries Are Morally Wrong
As the world becomes ever more involved within the digital realm, it is important to asses acts that may be morally questionable. Such acts like that of a hacker, Hack, and her unauthorized intrusion into a hospital database done purely for personal pleasure. It is my goal to prove that doing so is morally wrong. The proponent of this act, Mickey Soft, lists it as morally permissible for the following reasons: Hackââ¬â¢s unauthorized computer entry is not morally wrong If (1) is true, then not all unauthorized computer entries are morally wrong Therefore, not all unauthorized computer entries are morally wrong Line (1) proposes that since Hackââ¬â¢s intrusion into the patient database is done purely for her own amusement, that of gauging her skills, and not for ill purposes, it is not morally wrong. Furthermore, the intrusion caused no harm to anyone as Hack did not read, alter, or save any part of the database. She left the security settings of the database and its contents as is. No one was aware of her intrusion nor will anyone find out. Given the arguments presented for line (1), line (2) logically follows such that not all unauthorized computer entries are morally wrong. In assessing the argument, it can be said that it is a valid argument since the conclusions logically follow from the arguments given they are true. There are many possible objections to Mickeyââ¬â¢s argument. I will point out three. In this particular case, the proponent raises the point (in line 1)Show MoreRelatedThe Rise Of Hacktivism : A Form Of Protest1815 Words à |à 8 PagesThe Rise of Hacktivism: a Form of Protest In this day and age living in the era of the computer, it has become more mainstream and common to hear of cyber attacks, and crime being committed on the internet. Activism however, has become a prominent way to protest or argue a political view. Using related technologies and the internet have become a vital way for some to share their views. With the rise of the internet, ââ¬Å"hacktivismâ⬠has become a prominent way for protest groups to express while also
Sunday, December 22, 2019
Human Evolution Myth or Fact - 1301 Words
The debate of human evolution being fact or fiction has been around for hundreds of years. Evidence of human ancestry has been found in many parts of the world and these fossils found have been proven to be human. The parts of the world include Eurasia and Africa. Although fossils are found in Eurasia, the human ancestor the Hominoidea has been traced back to the Miocene epochs, which were 23 to 5 million years ago. The Hominoidea is a super-family, which contains many species that are existent today including, gibbons, orangutans, gorillas, chimpanzee, and humans. Throughout history humans have migrated and evolved, as evolution occurred humans became more technologically advanced, while the other species in Hominoidea remained the same.â⬠¦show more contentâ⬠¦The anatomical and genetic divergence appalled scientists, thus altering human evolution in the last few hundred thousand years. Morally, human evolution has become even more of a mystery in one portion, while another i s well defined. An allusion at new complexity came from a femur in a cave called Sima de los Huesos. The DNA from the femur once again was Denisovans, thus corroborating they werenââ¬â¢t just in Siberia. Since the seventies scientist have brought back several fossils from Spain. Dr. Arsuaga alone has found twenty-eight complete skeletons of humans over three decades. DNA from Spain explained that the humans in the cave were neither Neanderthal or Denisovan, but a hybrid of the two. Beth Shapiro an expert in ancient DNA believes the humans from Sima de los Huesos could be yet another branch of humans. Humans have been interbreeding with the other species too, proven in a discovery that Neanderthal and human interbreed approximately fifty thousand years ago (Zimmer 2013). There are four initial stages of human evolution that donââ¬â¢t include pre-human primates which are: Australopithecus, three million years ago; Homo habilis, two million years ago; Homo erectus, one million ye ars ago; and Homo sapiens, two hundred thousand years ago to present-day. Human derivation and evolution transpired in the tropical environments of the eastern hemisphere, and it spanned about twenty million yearsShow MoreRelatedHuman Evolution Myth or Fact1313 Words à |à 6 PagesThe debate of human evolution being fact or fiction has been around for hundreds of years. Evidence of human ancestry has been found in many parts of the world and these fossils found have been proven to be human. The parts of the world include Eurasia and Africa. Although fossils are found in Eurasia, the human ancestor the Hominoidea has been traced back to the Miocene epochs, which were 23 to 5 million years ago. The Hominoidea is a super-family, which contains many species that are existent todayRead MoreEvolution Before Darwin1590 Words à |à 7 PagesMuch the same way Darwin based his theory of evolution on patterns that he had observed on the Galapagos Islands, I base the arguments presented in t his paper on patterns that I have observed in ancient creation myths regarding the creation of the world. What once felt like a random bombardment of infinite stories, now feels like a handful of calculable stories told by an infinite number of story tellers. Darwins theory of evolution, his creation myth regarding the origin of the world and of speciesRead MoreRace, Monogamy And Other Lies They Told You936 Words à |à 4 PagesProfessor Mills Name: Pawanjit Singh Race, Monogamy and Other Lies They Told You: Myth Busting Toolkit: Chapters 1, 2 3 1. What is a myth? What are they composed of? Are they always false? How do they come into being? A simple definition of a myth is a story handed down through history, often through oral tradition, that explains or gives value to the unknown. Myths are composed of stories or explanations. Myths are not always false sometimes they have some truth to them. They come to being byRead MoreCreationism in Public School Science Class Essay923 Words à |à 4 Pagesbecause it has no supporting evidence, it is not equal to evolution, and religious myths can not be taught in public schools in an officially non religious nation. ...[I]ndividual scientists and philosophers of science have provided substantive critiques of intelligent design, demonstrating significant conceptual flaws in its formulation, a lack of credible scientific evidence, and misrepresentations of scientific facts.(AAAS). This statement says that creationism has no evidenceRead MoreWill the Earliest Hominid Please Standup?: Evoultion Exposed Essay1317 Words à |à 6 Pages Will the Earliest Hominid Please Stand Up? Evolution Exposed Evolution and religion has been a disputable discussion over the decades. Religious believers simply discarded the idea that humans have came from swinging monkeys. Although it is a scientific theory, it is backed up by the heavy weight of scientific evidence. The first thing that one might consider is that religion is composed by thousands of individual memes, which supports myths, moralities, and complex ideas or memeplexes, whichRead MoreCreation Theories Essay1642 Words à |à 7 PagesWithout the bible humans would not be able to depict different theories of creation. The Old and New Testament are not considered in many people, but it is known by all. Theories that have affected different religions are creation, evolution, and mythology. With 6,775,235,700 people walking the earth, every person has his/her personal opinions about the worldââ¬â¢s existence. In the book of Genesis, Christian Scholars have described the work of God in his seven days of constructing the world. WatersRead MoreEssay about Art, Liberation, Rebellion and Relevance868 Words à |à 4 PagesArt is creation, not to say that every creation is necessarily art. The seed of creation is thought. ââ¬Å"To think is first of all to create a world (Camus, The Myth of Sisyphus and other essays, 1955, p. 99).â⬠The creative process is an undoubtedly a psychological one and therefore ultimately rooted in the physiology of the human body. The human psyche is faced with a duality and it is in this that psychology, art, rebellion and liberation are intimate. These intimate relationships, in ways and byRead MoreEvolutionism : The Truth Behind Humans1647 Words à |à 7 PagesEvolutionism: The Truth Behind Humans Is the evolution theory a fact or a myth? This is the question I pondered for quite some time as I contemplated on the idea of the origin of human species. Were we created by a higher power or are we descendants of ape like ancestors? Hundreds of articles and substantial proof have helped shape my belief that evolution in fact, does exist. What is evolutionism? The definition of evolution found in an article states that ââ¬Å"evolution is that all life on earth isRead MoreCreationism Vs. Creationism : Theories Based On Personal Beliefs, Religious Values, And Scientific Information951 Words à |à 4 PagesThroughout history, there has never been a more debatable question than that of evolution versus creationism. Human evolution always tends to cause a heated dispute in modern society. ââ¬Å"These conflicts between Evolution and Creationism occur when evolutionists argue that creationism is not a scientific theory because it cannot be tested by the scientific method (Sarfati Ph.D., n.d.).â⬠Science requires a hypothesis or theory be testable and reinforced by physical evidence, but religion requiresRead MoreThe Myth Of The Sphinx, An Oracle, And An Incestuous Family Of Epic Proportions1013 Words à |à 5 PagesWith all of the myths that have come to life on the big screen, this is one that may never make it . It can be said that with all of the elements it possess it would be a prime opportunity to bring to life the different aspects of humanity and its myth. Bringing the myth of the sphinx, an oracle, and an incestuous family of epic proportions. Each of these different myths played a large role in Greek mythology and other myths around the world. Seeking the difference between each evolution of Oedipusââ¬â¢s
Friday, December 13, 2019
Australian Consumer Law Tutorial Answers Free Essays
A representative for Scoutmaster told Mrs. Trans that: ; ââ¬Å"We believe the new rent is very reasonable and below the market valueâ⬠; and The rent is lower than the rental paid by other tenants in the Food Courtâ⬠Both statements were incorrect. Scoutmaster gave Mrs. We will write a custom essay sample on Australian Consumer Law Tutorial Answers or any similar topic only for you Order Now Trans 7 days to agree to the lease renewal, but provided no reason for giving this limited time frame. Advise Mrs. Trans as to whether Scoutmaster Pity Ltd has breached the Competition and Consumer Act 2010 (previously referred to as Trade Practices Act 1974 (Act)) and if so, her available remedies. Issue: Were the statements misleading or deceptive in breach of the Australian Consumer Law? Law: ; Section 18, Schedule 2 to the Competition and Consumer Act 2010 (Act) (or alternatively you can say Section 18 Australian Consumer Law which is the title for Schedule 2) ; Section 4 (ââ¬Å"presumption of misleadingâ⬠) ; Eveready Australia Pity Ltd v Gillette Australia Pity Ltd OR Taco Company of Status Inc v Taco Bell Pity Ltd (ââ¬Å"objective testâ⬠) Application: ; Explain which of the statements was an opinion and why the law presumes it was misleading (e was there any basis for making the opinion? ; Apply the objective test to the second statement made by the Scoutmaster representative. In particular: (what will be the target market and why would a reasonable person from that target market be misled or deceived? Issue: Did Scoutmaster engage in unconscionable conduct? ; Section 22 Australian Consumer Law ; Miller v Gunter Ours OR Commercial Bank of Australia v Amid ; Ex plain why section 21 and not section 20 applies ; Explain why Scoutmastersââ¬â¢ conduct was in trade or commerce ; Explain what the conduct was and why it was unconscionable, with reference to the factors listed in section 22 of the Australian Consumer Law. In particular: o The superior bargaining position of Scoutmaster o Ability to understand documents o Undue pressure and tactics used Issue: Did Scoutmaster make a false or misleading representation? Section Australian Consumer Law ; Explain why the statements were false regarding the price of a service, in particular noting what the relevant price is and what the service is in the question. Issue: What are the remedies? Law: Section 236 (damages); Section 232 (injunction); Section 243 (other orders) ; Explain the remedies that Mrs. Trans would be seeking as you are advising her and not the AC. In particular: o Explain what an injunction would do and why Mrs. Trans would want this remedy; o Explain when Mrs. Trans would be entitled to damages and how damages would be calculated o Explain when Mrs. Trans loud want to vary the contract and what the variation would be o Explain when Mrs. Trans would want to void the contract and what the effect of voiding the contract would be Conclusion: ; Scoutmaster has engaged in misleading and deceptive conduct, unconscionable conduct and made a false or misleading representation in respect of the price of a service. How to cite Australian Consumer Law Tutorial Answers, Essays
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