Comparative Law Essay Example | Topics and Well Written Essays - 1250 words

Comparative Law - Essay Example It is a necessary element of a contract that is intended to be legally binding. In cases where a party is attempting to prove the existence of a contract, evidence of consideration often proves useful. However, "the onus is on the party seeking to prove the contract to demonstrate intention and the nature of the relationship between the parties." (Clarke, 2008). Additionally, in order to prove that both parties intended to enter into legal relations with one another, the agreement must have been very specific in its material components. "An agreement which is 'vague or ambiguious', incomplete or constitues a mere 'agreement to agree' will not be enforceable." (Clarke, 2008). In terms of proving a contract's validity, it is important to note that contracts do not always have to be written; they can be oral. Certain types of contracts, as protected by the 1677 Statute of Frauds, do have to be signed. And it is certainly much easier to prove the validity of a contract with a signed docu ment. (Clarke, 2008). German contract law is known to place an emphasis on citizens' rights to govern their own affairs with no or little interference from the government. According to the Principle of Abstraction, "contracts only create an obligation, but there are no actual changes to the legal correlation concerning the object of the contract." (Wikipedia, 2008). In recent years, however, Germany has been moving toward a trend of greater regulation. According to Germany's Civil Code 157, "contracts are to be interpreted in accordance with good faith and fair dealing having regard to commercial practices." (Lando, 1996). Contracts are often voided if an unfair weight is placed on one of the involved parties, especially if that party is somehow weaker, such as a minority or a consumer rather than a professional. In contemplating the validity of a contract, also to be considered are the issues that were involved in the initial formation of that particular contract. (Wikipedia, 2008). Germany is a member of the European Union, which has its own set of regulatory principles regarding contracts. (Wikipedia, 2008). The Principles of European Contract Law is a lengthy document detailing regulations of contracts to be governed by law of the European Union. Some of the articles in this set of principles, to be addressed subsequently, pertain to contract terms, revocation of an offer, and unfair advantages. The European Union includes, as of January 1, 2007, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. (Rosenberg, 2007). Chinese contract law holds both parties involved in a contract to be legally equal. Similar to contract law in Germany, those contracts in which one party unfairly takes advantage of another party may be voided. Contracts in China may be oral or written but similar to both Australia and Germany, there are certain circumstances in which a contract must be written and signed. One of these cases is that of a lease. Whether oral or written, contracts must include which parties are involved, the object or subject of the contract, quantity and quality specifications, remuneration, time limit, method of performance, legal

Research one of the European Union's agencies ( Europol ). Critically Essay

Research one of the European Union's agencies ( Europol ). Critically assess their role and effectiveness - Essay Example Four years later, the EU Member States expanded Europol’s mandate by ratifying the Europol Convention; a treaty that became fully operational in July 1999. The agency, from its seat of power in The Hague, deploys its assets including about 800 officers to combat crime in the whole of Europe (Deflem, 2009). The scope of Europol contradicts the fact that it is in constant cooperation with several law enforcement organisations working within the EU member states. As of 2013, Europol has jurisdiction in all states within the European Union. Nuthall and Paun (2013) have noted that for the agency to effectively curb organised crime across national territories, Europol liaises with several countries and police agencies within EU and neighbouring countries (Emanuel, 1999; Resodihardjo, Eijk and Carroll, 2012). Notably, when there is need to liaise with non-EU members Europol’s Europol External Strategy established the parameters within which the agency should work in its effort to fight organized crime that might compromise the safety of EU citizens (Berdal, & Serrano, 2002). Europol has undergone major transformations over the years to become an EU agency with more powers to gather criminal intelligence and act upon them (Ladenburger, 2008). Today Europol has the full backing of the European Parliament that addresses its budget. History of Europol Europol can be traced to 1975’s TREVI, an internal organization that was responsible for ensuring a better liaison amongst European Commission members on security issues (House of Lords European Union Committee, 2008). In 1993, however, the adoption of the Maastricht Treaty replaced it (Mounier, 2009). Prior to its establishment, Germany had made proposals to the EC, pressing for the establishment of an international police agency. In 1991, the state formally proposed the establishment of a European Police Office in Luxembourg before member states of the EU (Deflem, 2009). And by the end the year, the In tergovernmental Conference was convinced that by establishing Europol under the Maastricht Treaty, the whole of EU region would be more secure. The result was the formation of a rather weak Europol, whose primary purpose was to facilitate the sharing of intelligence amongst police agencies under the European Union (Nuthall, & Paun, 2013; Santiago, 2000). Delays in enacting the Maastricht Treaty prompted TREVI officials to form the Europol Drugs Unit (EDU) Agreement in mid-1993 (Mounier, 2009). The EDU, being unconstitutional led to the setting up of a lean team of law enforcers led by Jurgen Storbeck. The team immediately embarked on policing campaigns from temporary structures in a Strasbourg neighbourhood, while lasting solutions were being sought. After the enactment of the Maastricht Treaty, EU member states began to deliberate upon legitimising a Europol Convention. Meanwhile, the mandate of Europol Drugs Unit (EDU) was expanded between 1995 and 1996 to encompass several traffi cking crimes (Gregory, 1998). Back then, police officers could only share information bilaterally, as the establishment of a joint database for the entire EU membership was not possible without the prior passage of the Europol Convention (Andreescut and Keeling, 2012; Byrne, 2013). Eventually, the Europol Convention became functional in late 1998 after its ratification by more than half of the 28 member states. Nonetheless, certain legal issues such as the protection of primary data and

Chinese Communist Party Essay Example | Topics and Well Written Essays - 1000 words

Chinese Communist Party - Essay Example This country has several more amazing features. The land contains nearly 9.57 million square kilometers of which mountains occupy about one-third, numerous liquid flowing paths where one measures nearly three thousand miles called the Yangtze, and steppe as well as deserts. Not to forget a dazzling 1.3 billion inhabitants (Farah 124-129). The country went through horrible times during which Chinese citizens were suffering of starvation, anguish, and the outcome was death upon innocent beings. The main cause of this ordeal was a man who contributed to the change of the Republic of China. This intelligent but mad communist brought the concept of Communism to the third largest country of the world and that is no other than Mao Zedong (a great fan of Marx theory of communism) or rather say:" scientific socialism".(Wikipedia: free encyclopedia) Although under a totally different concept of living, China is a well respected and a highly productive industrial nation. Forty-eight million representatives make up the* CCP 1today. The CCP functions in a completely different way because authority does not only control politics, but also it reaches deep into the lives of the Chinese (Farah 220). Many reside in agricultural sections where food and crops are produced. Work-strength depends on human and animal force, but nowadays farmers are able to purchase efficient tools (Farah 221). Since its founding in 1921, the Chinese Communist Party gradually expanded its guiding principles to incorporate the philosophical musings of Russia's Vladimir Lenin as well as homegrown revolutionaries Mao Zedong and Deng Xiaoping. The party has traveled a long ideological path from its Marxist roots to its present struggle to maintain its relevance in China's modern and increasingly capitalistic society. Now the whole world looks at it as a country whose scale dwarfs the United States-1.3 billion people, four times America's population. For more than a hundred years it was dreams of this magnitude that fascinated small groups of American missionaries and businessmen-1 billion souls to save; 2 billion armpits to deodorize-but it never amounted to anything. China was very big, but very poor, all that has changed totally. But now the very size and scale that seemed so alluring is beginning to look ominous. And Americans are wondering whether the "China threat" is nightmarishly real. China is now the world's largest producer of coal, steel and cement, the second largest consumer of energy and the third largest importer of oil, which is why gas prices are soaring. China's exports to the United States have grown by 1,600 percent over the past 15 years, and U.S. exports to China have grown by 415 percent. All these figures are so thrilling to here. At the height of the Industrial Revolution, Britain was called "the workshop of the world." That title surely belongs to China today. It manufactures two thirds of the world's copiers, microwave ovens, DVD players and shoes. China's rise is no longer a prediction. It is a fact. It is already the world's fastest-growing

Battle between the Pluralist and Unitary of Reference in Australia Essay

Battle between the Pluralist and Unitary of Reference in Australia - Essay Example The most commonly discussed frames of references for analyzing the employee relations include the unitary and pluralist perspectives. These two concepts bear contrasting differences with respect to each other and help the management deal with situations and conflicts in an effective manner. This paper shall discuss the workplace relations in Australia with respect to the unitary and pluralist frames of reference. 2. Differences between Unitary and Pluralist Perspective The unitary perspective includes the concept of shared goals and unified vision among all the employees and employers. According to Agarwal (2008), the believers of this perspective are under the impression that success can be attained only if the members of the organization possess the same views and business objectives, in spite of their differing job descriptions and nature of tasks. Whereas according to Edwards (2003); some school of thoughts believe that unitary frame of reference bears minimal degree of practical ity for most situations since it holds the assumption that all employees are loyal to the organization and the management makes all decisions in accordance with the best interests of their employees. Such organizations do not promote the concept of trade unions, rather stress on the efforts involving team building and management. Trade unions are discouraged so that the probability of occurrence of conflicts is minimized. Budd and Bhave (2006) explained that any conflicts that may arise in the organization will be simply an outcome of poor management or misunderstanding, rather than conflict of interests. In the modern times, human resources management has taken over to monitor the employee relations of organizations. On the contrary, pluralist frame of reference caters the self-interests of employees that might cause competition and motivation of fulfillment of personal goals more than harmony and common interests. Individuals with common goals and interests may develop unions to s upport each other in the presence of conflicts. Edwards (2003) stated that whenever different sources of authority are present, the probability of greater conflicts is witnessed. Some of the conflicts of interests might arise due to the employees’ demand for higher salaries and employers’ demand for lower wages etc. The conflict of interests creates dissimilar visions and objectives and thus, ends up affecting the productivity and revenues of the organization. The management (of such frame of reference) is often witnessed to serve more time in coordination and motivating employees, rather than controlling and improvising. 3. Workplace Relations in Australia Australia is counted amongst the regions that had been under the affect of plurality frame of reference since the initial years of the twentieth century. This was the time when unions played a vital role in influencing the structure of the employee and industrial relations. Leigh (2005) provided an estimate to highl ight the degree of integration of unions in Australia at that time; at least 2 from 5 employees were known to be a part of some union in their organization. The gradual introduction of policies and systems by the government caused changes in the traditional structure of Australian employee relations; their intervention has resulted in the

Week 1 Journal Essay Example | Topics and Well Written Essays - 500 words

Week 1 Journal - Essay Example The death of the four poor men, namely Daniel Brillhart, Enrique Rubio and Daniel Moore, has ignited the minds of the Americans and compelled them to ponder over this intricate problem that had existed since long in the country and especially in California. The various news agencies have covered the issue in their columns and drawn our attention towards the personal life and history of the four persons. All four of them reportedly were men of good social and moral character. Though deprived of social status or recognition in society, they were god-fearing men who worked sincerely to make a living. Each one of them had a family and some relatives. They had lived a very happy and productive life before they abandoned their homes and joined the homeless population of the nation. They supposedly left their homes and families owing to adverse financial circumstances or social abandonment or drug-issues. They finally landed up in the encampments across San Francisco and took up a job to meet the basic needs of life- food, clothes and a temporary shelter. This story applies not only to those four deceased men, but to the entire homeless population of the US. Driven by financial deprivation and societal seclusion, these people escape from home s and families, to ultimately join the already overcrowded encampments of the homeless in the Silicon Valley. They live their lives as nameless, faceless and identity-less individuals who put up with the drudgeries of daily life to barely make sustenance. Despite the presence of a network of numerous shelter homes in the country, hundreds of homeless people die every year due to extreme cold. They live and die in a world of anonymity and isolation. To help them get rid of their homeless condition, the government should allocate sufficient resources for building up permanent housing facilities for these people. This would include the allocation of both financial resources and

Using appropriate conceptual support, critically evaluate the City of Case Study

Using appropriate conceptual support, critically evaluate the City of Pittsburgh approach to cloud adoption. Were they successful in their cloud implementation Why or why not - Case Study Example Data and software packages are permanently kept in servers on the internet. It allows an access to information anywhere anytime as long as one has electronic devices like; desktops, tablets, computers, hand-held sensors and many others (latimes.com). The basic requirement to retrieve information from cloud is the internet connection. One must establish the internet connection either through wired or wireless internet or mobile broadband connection. You can now access the same information using different devices in a different location at different time. That is why it is the best option to use in your business as anyone who is connected to the internet can work on documents anytime anywhere. There are different types of clouds that depend on what one needs. Public cloud –if you want anyone who is internet connected can access the cloud space. Private cloud-is for specific individuals or organization. It can limited public access as one may be required to use passwords to access this type of cloud. Community cloud- is shared amongst two or more organizations that share similar cloud necessities. Hybrid cloud is a combination of two or more types of clouds. It is a mixture of public, private or communal. In this essay we are going to evaluate on how the City of Pittsburgh approached the cloud connectivity and if they were successful (Markoff, 2010). City of Pittsburgh needed the cloud computing to operate its numerous social activities including schools and recreation centers like football pitches and state of art hospitals, economic activities like steel mining and political activities in governance and administration of the city. The city had started experiencing problems like; employees increasingly demanding to use the mail services and the increase in the cost of maintaining the servers, underfunded retirement funds, rising cost

Internet Marketing Management Assignment about Breitling watches Essay

Internet Marketing Management Assignment about Breitling watches (httpwww.breitling.com) 3000 Words - Essay Example In1914 the founder passed away and son, Gaston, took over the company. Aeronautics had made spectacular developments after 1914. In the year 1923 Breitling developed the independent chronograph push piece with automatic start and return-to-zero functions. Significant progress was made in the aviation industry between 1923 and 1942. Breitling launched the chronomat, first of its kind chronograph fitted with circular slide rule. American armed forces also became the clients of Breitling Instruments. The aviation industry was growing with leaps and bounds. Jet aircrafts had been developed and the first International passenger jet flight had been launched. Breitling achieved a major mile stone in 1962 when Astronaut Scott Carpenter wore the COSMONAUTE during his orbital flight. Breitling reached a major mile stone in 1969 with the launch of self winding chronograph. In 1979 Ernest Schneider a Pilot, watch manufacturer took over the reigns of Breitling from Willy Breitling. Chronomat was launched in 1984 and it becomes the best selling chronograph in Breitling collection. The military aviation industry was growing with leaps and bounds. Aircrafts like Stealth bombers were being developed. In 1999 after completing 100 years in Chronograph making Breitling submits its entire collection to Swiss official chronometer testing institute. Breitling Products: Breitling manufactures and sells Chronographs onl... Apart from this they have very high end product which is the "Breitling for Bentley" collection. This collection focuses on high end customers who value tradition, performance and novelty value of the product being purchased. What is a chronograph A watch with two independent time systems: one indicates the time of day, and the other measures brief intervals of time. Counters registering seconds, minutes and even hours can be started and stopped as desired, thus enabling the exact timing of an event. Internet Marketing Strategies: While developing a marketing strategy, it is important to consider the environment in which the business functions. Porter (Kotler, 282) has identified five forces to determine profit attractiveness. These are: Competitors: Consider the web sites that offer the same products. New Entrants: Offsite competitors and new people in the business. Customers: The people visiting the site. Suppliers: Companies offering parts of products, web hosting software firms. Substitutes: Other media used for product promotion. Besides this, "SWOT" Analysis could also be used. Strength and weakness is dependent on the marketers internal environment Opportunity and Threats are dependent on the external environment. Strength: How is your product/service better than the competition Why should a customer feel delighted by using your product or service Weakness: What are the opportunity areas in your product /service and how they can be over-come Opportunity: The marketer should strike at the right opportunity and the right time and should target the right people (Customer). Threats: The Marketer should know exactly what are the hurdles in Marketing the product(Technology , Competitors) Internet Marketing strategy gives you a