Saturday, May 23, 2020
The Roles and Future of Political Parties in America Essay
When George Washington left office, he warned the nation about political parties fearing they were dangerous to the way government should function. Despite his warning, political parties developed and changed American politics forever. By definition, a political party is a group of office holders, candidates, activists, and voters who identify with a group label and seek to elect to public office individuals who run under that label (OConnor and Sabato 437). The creation of political parties can be traced back to the differing views of Thomas Jefferson and Alexander Hamilton while they served in Washingtons cabinet. Jeffersons Democratic-Republican counterpart today is the Democratic Party while Hamiltons Federalists are similar toâ⬠¦show more contentâ⬠¦Jefferson believed in a strict interpretation of the Constitution while Hamilton believed in its loose interpretation. A classic example of this was the issue of the first US Bank and whether it was constitutional or not. The Era of Good Feelings (1817-1825) resulted in party politics becoming very minute at the national level since most people were assumed to be Democratic-Republicans. In reality though, at the state level parties continued to develop (OConnor and Sabato 438). In addition, by the 1820s all the states except South Carolina began allowing the popular election of electoral college members. This action further increased the importance of attracting people to join a party since it was in the partys best interests to encourage people to join so that respective candidates could win elections (OConnor and Sabato 438). In 1832 the nations first presidential nominating convention was done by the Democratic Party. Unfortunately, this actually weakened the role of political parties since one of the most important duties of a party was to select a presidential candidate. Similarly, direct primaries further weakened the role of political parties. In the 1870s as large numbers of immigrants flooded into the US, parties competed for their support. This resulted in the creation of machines which recruited people (mostly new immigrants) to gain votes inShow MoreRelatedPoltical Factionalism: Dividing the People Essay1556 Words à |à 7 PagesPolitical factions have played a fundamental role in shaping governments here and around the world in history and will continue to influence in the future. Factions divide a government based on different beliefs of key issue in policies, such as spending and warfare. Political factions are both beneficial to a society and detrimental. A political party is ââ¬Å"A group organized for the purpose of achieving and exercising power within a political system,â⬠(Gwinn 960). 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In which DemocratRead MorePolitical Figures Henry Clay And A ndrew Jackson1232 Words à |à 5 PagesFinal Paper One of the biggest rivalries in the United States Government that still impacts how the country operates today is between political figures Henry Clay and Andrew Jackson. Although Henry Clay never made it into presidency, he made many impactful decisions and events on behalf of our country. During the mid 1800ââ¬â¢s, there was a rapid change in the economics, demographics, and social aspects of the growing United States deeply affecting the lives of citizens. At the root of these issuesRead MoreCorruption Of Democracy : America s Democracy1214 Words à |à 5 Pagesdemocracy is unarguably only alive on a small scale. Much of America s population, does not uphold a civic role that consistently supplements a successful democracy. Corruption of democracy stems directly from Americans not being able to actively take responsibility for their own society or their own futures. 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The ruling party however has been under the spotlight for majority of their duration in power. In the duration of the ruling parties last term there has been many changes; new competitive political parties were formed, service delivery strikes have risen tremendously, youth have lost faith in the government and literacy and education has been criticised globally.Based on research previously done discussing the key parties for the 2014 elections and status of the countriesRead MoreHow FDR Transformed Progressive Ideas880 Words à |à 3 PagesThe progressive party promotes quite an aspiration, engaging political, social, and economic reform. Ted Roosevelt and his supporters triggered a debate about the future of America. Milkis shows this political battle and revisits a time when a party was swallowed by its leaders goals. These goals were kept and then emerged mass democracy. Milkis shows the members of the Progressive Party as activists led by TR who dedicate their program to direct democracy, civic duty and rights. Men whoRead MoreA Brief Look at American Exceptionalism1271 Words à |à 5 PagesIntroduction American Exceptionalism refers to the image portrayed by the United States of America as a unique and distinct nation with strong pillars of democracy and liberty. The image stands out globally and defines the U.S. as a nation founded on a viable constitution since its inception in 1776. The other inferences linked to its uniqueness include strong political institutions and American Revolution. These events happened relatively at the same period in the rich American history. Thereafter
Monday, May 11, 2020
Insight On Existential Of Existential - 2222 Words
Insight on Existential Givens Imagine coming across a moment in your life where you feel as if you do not know where you stand or belong in the world. What if you were un-capable of forming your own decisions, or so focused on the reality of death that it often takes a toll over your life? These feelings and thoughts can be addressed through existential therapy, and are looked upon as existential givens, which many individuals lack them within themselves. The four main givens that one may often distress is freedom, isolation, meaningless, and death. It is essential for every human being to have them cognitively cultivated in order to maintain a prosperous life, and become the healthy individuals they truly want to be. What is anâ⬠¦show more contentâ⬠¦An existential therapist, is genuine and direct with their clientââ¬â¢s, and go into their sessions with the concept that all of their clients are unique individuals at heart despite their situation, or what they may be going through. The process of this therapy focuses on the growth and development of the client at a physical, psychosocial and spiritual dimension of their existence. These therapist believe that good and effective psychotherapy is not procedurally based, instead it evolves out of the therapists willingness to utilize the self to facilitate relationship, action, and reflect on experiences that help the client work through the struggle they may have issuing human life (Lantz, J; 2004). Goals of Existential Therapy Existential therapistââ¬â¢s main focus is the client and helping them into become fulfilling individuals. The majority of the time many individuals are influenced by a variety of things, whether its friends, family, media, or society. This may lead them into discerning things they enjoy, or avoiding things they like and that makes them happy. This is where the therapist steps in and makes it a goal to increase the clientââ¬â¢s ability to be self-aware and truthful with themselves. Another goal involves the client being able to take responsibility of their own choices and decisions. The therapist will
Wednesday, May 6, 2020
United Nations Reform for Indirect Exporting Free Essays
An Indirect Exporter is when a firmâ⬠s product is sold in foreign markets with no special activity for this purpose occurs within the firm. Others carry a firmâ⬠s product overseas. Although exporting this way can open up new markets quickly a firm will have limited control over distribution of its product. We will write a custom essay sample on United Nations Reform for Indirect Exporting or any similar topic only for you Order Now A firm likes to have a buyer; thus products are sold in a domestic market then resold overseas in different ways. -Foreign wholesale and retail organisations that have purchasing agents in a firmâ⬠s home country may find the firmâ⬠s product good for their market. -Manufacturers and firms have U.S. offices obtain equipment and supplies to their foreign operations. Companies have an advantage by selling to the U.S. firms because they are using export routes already supplying their domestic operations via the U.S. -With multinational operations buy equipment and supplies for them through their regular domestic purchasing. Equipment is shipped and installed in foreign plant. Foreign producers take note of the equipment. Then orders for the equipment will follow. Thus, an active exporting involvement by the supplying firm. This has befitted the supplying firm with a free introduction to the foreign market. International trading companies are very important for some markets. Some of these companies handle the majority of the imports into the country. The size and market coverage of these trading companies makes them excellent distributors, especially with their credit reliability. They cover their markets and provide service for the products they sell. Using these trading companies has negative factors. These companies have a tendency to carry competing products and the latest product may not receive the attention its producers desired. The sales from these kinds of indirect exporting are as good as domestic sales and, show that they are less stable. Since being so far from the main market a firm has little control. Even though new sales is helpful the disadvantage of not having more control of foreign sales a company may look for a more suitable arrangements in the long-run. Some companies work with an export management to have increased control over its product. There are some advantages of using an export management company: -The manufacture receives instant foreign market knowledge and contacts via the operations and the experience of the EMC. -The manufacture saves the cost of developing the in-house expertise in exporting. An EMC cost is spread over the sales of several manufacturers. -EMC offer clients consolidated shipments for savings. -Lines of complementary products can better foreign representation than the products of just one manufacturing. Also, EMCâ⬠s accept foreign credit responsibility. There are also some disadvantages to using an EMC: -Some EMCâ⬠s handled too many lines to give the proper attention to a new exporter. -Many tend to be market specialist rather than product specialist, thus product expertise is weak. -Some EMCâ⬠s coverage is only regional rather than global. A ETC acts as the export arm of a number of manufactures. ETCâ⬠s allow U.S. companies or banks to form a trading company with the size, resources, sophistication, and international network comparable to the Japanese companies. Unfortunately U.S ETCâ⬠s have not really worked out. Most of them are small or they have failed. One manufacture uses it overseas distribution to sell other companiesâ⬠product with their own. One party is called the carrier; the carrier is the firm that does the exporting. With the export of the new non-competitive product may help ease the cost of exporting. Piggybacking can be attractive because a company can fill up its exporting capacity or fill out their product line. Also, piggybacking can help in a lost cost way for the carrier to export and save on investment in RD, production facilities, and market testing for a new product. There are also some negatives, quality control and warranty. The rider may not maintain the quality of the products sold by the other company. Concerns of supply, a carrier can develop a large market abroad, the rider firm may favor its own marketing needs it tight demand conditions. The party called the rider has a great advantage. By using another company a company can get its product to foreign markets. This offers the riders and established export and distribution facilities and shared expenses, and benefits close to an EMC and a ETC. The difference between direct exporting and indirect exporting is that the task of market contact, market research, physical distribution, export documentation, pricing, is bestowed on the company. Another producer under contract produces a firmâ⬠s product in a foreign market with the firm. This is feasible when a firm can locate a foreign producers with the ability to manufacture the product in satisfactory quality and quality. The advantages are the company can reduce the risk of failure in a foreign market by simply terminating the contract. Other saving include transportation. The drawback is to this is that the manufacturing profit goes to the local firm rather than to the international firm. Also, finding a suitable manufacturer may be difficult. How to cite United Nations Reform for Indirect Exporting, Essay examples
Thursday, April 30, 2020
Van Halen 3 by Van Halen free essay sample
Van Halen 3 Album Review Van Halen 3 is probably the most underrated and misunderstood album of the Van Halen series. The entire album had itââ¬â¢s own identity amongst everything else Van Halen has ever created. This was created at a time in which Eddie Van Halen was out among other bands helping them on various songs in their own albums, such as Rich Wymanââ¬â¢s ââ¬Å"Fatherless Childâ⬠album and the ââ¬Å"Legend of 1900â⬠movie soundtrack album. Eddie said he wanted to make changes to the group, to be more different than they already are. Gary Cheroneââ¬â¢s entry to the band changed it up, but did not complete Eddieââ¬â¢s vision of change. This album almost seems like he went almost into a perfectionist mode whilst creating the album, and it was an odd feeling, but also kind of fun. The album starts off with the song ââ¬Å"Neworldâ⬠. With itââ¬â¢s beautiful acoustic feel, this instrumental song sets the mood at the beginning of the album. We will write a custom essay sample on Van Halen 3 by Van Halen or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This is, surprisingly, the first ever song that Eddie hadnââ¬â¢t played piano for a Van Halen song. The piano was actually played by Mike Post, the owner of the studio where they recorded the song. The song itself is very short, at only 1:46. ââ¬Å"Without Youâ⬠was written and recorded in one take on the day Eddie and Gary met. The lyrics of the song are based off of poetry that Gary brought with him to go meet Eddie for the first time. He found it intriguing and decided to make it into a song. In my opinion this song is the one that the band performed best when live. The third song on the album is quite unique, and is called ââ¬Å"One I Wantâ⬠. If youââ¬â¢ve ever listened to the song ââ¬Å"Dreamsâ⬠(also by Van Halen), when the keyboard of that song is played on a guitar, it is almost identical to the guitar line of ââ¬Å"One I Wantâ⬠. The fourth song ââ¬Å"From Afarâ⬠was Gary Cheroneââ¬â¢s attempt to isolate himself from the past singers that were a part of Van Halen. The lyrics were quite different from anything Roth or Hagar would have written. ââ¬Å"Dirty Water Dogâ⬠was actually named after a weird habit that the band got into, which is going and buying water already boiled: ââ¬Å"Dirty Water Doggingâ⬠. Eddie does I nice job of keeping perfectly on beat throughout the song.
Saturday, March 21, 2020
Identofy the Main Types of State and Independant Schools Essays
Identofy the Main Types of State and Independant Schools Essays Identofy the Main Types of State and Independant Schools Essay Identofy the Main Types of State and Independant Schools Essay 1 Identify the main types of state and independent schools. * Primary * Grammar * Comprehensive * Religious * Voluntary aided * Voluntary controlled * Specialist * SEN * Academies 1. 2 Describe the characteristics of the different types of schools in relation to educational stage(s) and school governance. Primary, Secondary and Grammar schools are all governed by the Local Education Authority (LEA). These schools determine their own admissions policy. Local groups such as childcare classes and adult education may develop the use of the school facilities. Foundation schools (such as religious schools) are not run by the LEA but by their own governing body. This governing body determines its own admissions policy in consultation with the LEA. The governing body or a charitable foundation will own the schools, the land and buildings. As these schools are not governed by the LEA they have to buy in any support services. The decision on becoming a trust school will be made by the governing body and consultation with parents. There are two types of voluntary schools, voluntary aided and voluntary controlled. Voluntary aided schools are mainly faith or religious schools although pupils of any religion can attend. Much like a foundation school they are run by their own governing body, although the buildings and land are normally owned by a charity or organisation. These schools are funded partly by the LEA which will provide support services. Voluntary controlled schools are very similar to voluntary aided schools, although they are funded and run by the local authority. The local authority will employ the staff and provide support services. A charity, which is often a religious organisation, will usually own the land and buildings. Specialist schools are generally secondary schools that have applied for specialist status to develop one or two subject specialisms. They will receive additional funding from the government for this. Special schools can also apply for specialist school status to be given for a special educational needs (SEN) specialism under one of the four areas of the SEN Code of Practice. (Burnham etal, 2010, page 73) Academies are set up by sponsors from businesses and are independently managed schools which jointly fund the buildings and land. They are not maintained by the LEA but have close links with it. Private Independent Schools are funded by fees paid by parents and also income from investments, gifts and charitable endowments which sets them apart from the local authority. This means that just over half of independent schools have charitable status, meaning they can claim tax exemption. The Head Teacher and governors decide on the admissions policy and they do not have to follow the National Curriculum. These schools are obliged to register with the Department for Education (DfE) so that they can be monitored on a regular basis by the Independent Schools Incorporate (ISI) 2. 1 Describe roles and responsibilities. School Governors School Governors are made up of a variety of different people who will link somehow to the school and also the local community. They are generally in a team of 10 to 12 people and they have the responsibility of running the school. In addition to the Head Teacher there should be at least one staff governor and at least one parent governor. There can also be a support staff governor. There will also be a local authority (LA) governor who will be appointed by the LA, and a local community governor who generally works or lives in the community served by the school. Governors work closely with the Senior Management Team and the Head Teacher. Governors are based on various committees which are responsible for various areas of school management for example, personal issues or the school site. They will meet in the committees and then report back to the full governing body. Their main duties are: to set aims and objectives for the school. * to adopt new policies for achieving the aims and objectives. * to set targets for achieving the aims and objectives. (Burnham etal, 2010, page 74). Senior Management Team The schools SMT (sometimes known as Senior Leadership Team) works closely with the Head Teacher. In a primary school the team will usually consist of more experienced staff who have management positions (i. e. Deputy Hea d, SENCO and Foundation Stage Leader. In a secondary school it may also include a year group leader or subject area leaders. During their meetings which are held on a regular basis they discuss any arising issues and make decisions concerning implementation of the school improvement plan and the running of the school. It is also their duty to discuss how best to share this information with teachers and support staff. SENCO Having a Special Educations Needs Co-ordinator in a school is a legal requirement along with a Head Teacher and a Deputy Head. Another statutory role in a primary school is a Foundation Stage Manager. The SENCO is responsible for monitoring and managing the provision for pupils with pecial educational needs. Their duties will include liaising with other professionals and parents with regard to pupils with special educational needs, providing support and advice, ensuring that all relevant background information about individual children with special educational needs is collected, updated and recorded, ensuring Individual Education Plans are in place. An Individual Education Plan has targ ets and planned strategies that are implemented for pupils with special educational needs. Teachers Every teacher has the responsibility for the preparation and planning of the curriculum for their class. This will usually be for all subjects under the National Curriculum in a primary school. They will also usually have another area of responsibility in the school such as being a member of the senior Management Team. In every school each subject will need to be represented so there is a person responsible for it. In smaller schools that have fewer teachers, staff may be responsible for two or three subjects each. They will need to know of any developments to the curriculum in their area and in staff meetings feed back this information. The local authority will arrange subject leader forums which they will be expected to attend. They will also need to be available to offer support and advice to other teachers in their subject and also teach pupils in accordance to their educational needs, together with communicating and consulting with parents. Teaching Assistant A teaching assistant will be strongly guided by the teacher. They will be expected to plan and prepare work alongside the teacher, assess pupils work, support learning activities as directed by the teacher, report any queries or problems to the teacher, and to give feedback to the teacher after planned activities. Other Support Staff There are a number of other support staff roles that ensure the effective running of a school such as midday supervisors who ensure the smooth running of eating areas and playgrounds, care takers who ensure the school and its grounds are clean and safe, office staff who deal with the administrative ide of things within a school, late arrivals etc. 2. 2Describe the roles of external professionals who may work with a school. Schools have a wide range of external professionals who work on a regular basis such as: Educational Psychologist These are allocated through the local Special Educational Needs department and will provide assessments and observations to pupils who have additional needs. Speech and Language Ther apist Most Speech and Language Therapists (SLT) are based an at alternative location outside the school but will come into school to work with children, teachers and parents. They will work with pupils on speech, language and communication problems. Specialist Teacher Specialist teachers may attend schools for a variety of different needs such as behaviour support, social and communication needs for example autism, and English as an additional language needs. They will offer advise and support to pupils. Education Welfare Officer The Education Welfare Officer (EWO) is usually based within the local authority. They visit schools and work with the Head Teacher monitoring pupil attendance and providing support around absenteeism if there are any issues. They are also involved in working with parents to help and support excluded pupils on their return to school. School Improvement Partner School Improvement Partners (SIP) work alongside the local education authority and support Head Teachers at looking at ways of developing the school through both the school self-evaluation (a document that looks at and evaluates the schoolââ¬â¢s progress) and pupil attainment and progress. Academic factors are focused on as well as looking at extended school provision (out of school activities such as after school, breakfast clubs) and parent liaison. Physiotherapists/Occupational therapist Although these healthcare professionals do not work in schools they may be asked to attend for meetings and discussions relating to pupils who they see outside school. Teachers may also visit schools other than the ones they work in for meetings such as ââ¬Ëcluster groupsââ¬â¢. These are useful meetings and are to encourage teachers who have similar roles to meet and discuss their ideas and practices. 3. 1Define the meanings of Aims and Values. Aims Most schools will have their particular aims/visions within their prospectus and in other school literature. It will state what the school sets out to achieve and is usually set by the Head Teacher, with input from staff, parents and the community. Values The values of a school can be described as itââ¬â¢s moral code or ethos in which pupils as well as staff are expected to adhere to. Although each schools values may differ slightly they will generally include things such as respects for self and others, respects for property etc. Bibliography Louise Burnham, Brenda Baker, 2010, Supporting Teaching and Learning in Schools, Level 2 Certificate, Harlow, Essex, Heinemann. www. direct. gov14. 10. 12
Thursday, March 5, 2020
Indias Look East Policy
India's Look East Policy Indiaââ¬â¢s Look East Policy Indiaââ¬â¢s Look East Policy is an effort being made by the Indian government to cultivate and strengthen economic and strategic relations with the nations of Southeast Asia in order to solidify its standing as aà regional power.à This aspect of Indiaââ¬â¢s foreign policy also serves to position India as a counterweight to the strategic influence of the Peoples Republic of China in the region. Initiated in 1991, it marked a strategic shift in Indiaââ¬â¢s perspective of the world. It was developed and enacted during the government of Prime Ministerà P.V. Narasimha Raoà and has continued to enjoy energetic support from the successive administrations ofà Atal Bihari Vajpayee, Manmohan Singh and Narendra Modi, each of whom represents a different political party in India. Indiaââ¬â¢s Pre-1991 Foreign Policy Before the fall of the Soviet Union, India made scant efforts to foster close relationships with the governments of Southeast Asia. There are several reasons for this. First, due to its colonial history, Indiaââ¬â¢s ruling elite in the post-1947 era had an overwhelmingly pro-Western orientation. Western countries also made for better trade partners as they were significantly more developed than Indiaââ¬â¢s neighbors. Second, Indiaââ¬â¢s physical access to Southeast Asia was barred by Myanmarââ¬â¢s isolationist policies as well as Bangladeshââ¬â¢s refusal to provide transit facilities through its territory. Third, India and the Southeast Asian countries were on opposing sides of the Cold War divide.à Indiaââ¬â¢s lack of interest in and access to Southeast Asia between its independence and the fall of the Soviet Union left much of Southeast Asia open to Chinaââ¬â¢s influence. This came first in the form of Chinaââ¬â¢s territorial expansionist policies. Following Deng Xiaopingââ¬â¢s ascent to leadership in China in 1979, China replaced its policy of expansionism with campaigns to foster extensive trade and economic relations with other Asian nations. During this period, China became the closest partner and supporter of theà military juntaà of Burma, which had been ostracized from the international community following the violent suppression of pro-democracy activitiesà in 1988. According to former Indian Ambassador Rajiv Sikri, India missed a crucial opportunity during this period to leverage Indiaââ¬â¢s shared colonial experience, cultural affinities and lack of historical baggage to build strong economic and strategic relations with Southeast Asia. Implementation of the Policy In 1991, India experienced an economic crisis that coincided with the fall of the Soviet Union, which had previously been one of Indiaââ¬â¢s most valued economic and strategic partners. This prompted Indian leaders to reevaluate their economic and foreign policy, which led to at least two major shifts in Indiaââ¬â¢s position toward its neighbors. First, India replaced its protectionist economic policy with a more liberal one, opening up to higher levels of trade and striving to expand regional markets. Second, under the leadership of Prime Minister P.V. Narasimha Rao, India ceased to view South Asia and Southeast Asia as separate strategic theaters.à Much of Indiaââ¬â¢s Look East Policy involves Myanmar, which is the only Southeast Asian country that shares a border with India and is seen as Indiaââ¬â¢s gateway to Southeast Asia. In 1993, India reversed its policy of support for Myanmarââ¬â¢s pro-democracy movement and began courting the friendship of the ruling military junta. Since then, the Indian government and, to a lesser extent, private Indian corporations, have sought and secured lucrative contracts for industrial and infrastructure projects, including the construction of highways, pipelines and ports. Before the implementation of the Look East Policy, China enjoyed a monopoly over Myanmarââ¬â¢s vast oil and natural gas reserves. Today, competition between India and China over these energy resources remains high.à Furthermore, while China remains Myanmarââ¬â¢s biggest weapons supplier, India has boosted its military cooperation with Myanmar. India has offered to train elements of the Myanmar Armed Forces and share intelligence with Myanmar in an effort to increase coordination between the two countries in combating insurgents in Indiaââ¬â¢s Northeastern States. Several insurgent groups maintain bases in Myanmar territory. Since 2003, India has also embarked on a campaign to forge free trade agreements with countries and regional blocs throughout Asia. The South Asia Free Trade Agreement, which created aà free trade areaà of 1.6 billion people inà Bangladesh,à Bhutan,à India,à Maldives,à Nepal,à Pakistan andà Sri Lanka, came into effect in 2006. Theà ASEANââ¬âIndia Free Trade Areaà (AIFTA), aà free trade areaà among the ten member states of theà Association of Southeast Asian Nationsà (ASEAN) andà India, came into effect in 2010. India also has separate free trade agreements with Sri Lanka, Japan, South Korea, Singapore, Thailand and Malaysia. India has also boosted its cooperation with Asian regional groupings such as ASEAN, the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) and the South Asian Association for Regional Cooperation (SAARC). High-level diplomatic visits between India and the countries associated with these groupings have become increasingly common the last decade.à During his state visit to Myanmar in 2012, Indian Prime Minister Manmohan Singh announced many new bilateral initiatives and signed around a dozen MOUs, in addition to extending a line of credit for $500 million. Since then, Indian companies have made significant economic and trade agreements in infrastructure and other areas. Some of the major projects taken up by India include the resurfacing and upgrading of the 160-kilometer Tamu-Kalewa-Kalemyo road and the Kaladan project that will connect Kolkata Port with Sittwe Port in Myanmar (which is still in progress). A bus service from Imphal, India, to Mandalay, Myanmar, is expected to launch in October 2014. Once these infrastructure projects are completed, the next step will be connecting the India-Myanmar highway network to the existing portions of the Asian Highway Network, which will connect India to Thailand and the rest of Southeast Asia.
Monday, February 17, 2020
Commercial law Essay Example | Topics and Well Written Essays - 2000 words - 6
Commercial law - Essay Example This explains the reasons why people in commercial undertakings consult legal minds2 on various ways through which they secure themselves as well as their businesses from unwarranted losses. In this case, protection takes different formats. The aim of taking protection measures is to make sure that the commercial person gets particular property and rights that will offer enough compensation to him or her just in case another member in the transaction fails in the obligations assigned to him or her by the contract for any reason. For instance, Arthur agreed to sell to David who resides in Paris five thousand tones of unrefined sugar imported from Jamaica. The fear in this context comes in two perspectives3. First Arthur would fear that David could not pay his money either in full, not all, or delay the payment. This is from the viewpoint of the supplier4. The second fear pertains to the receiver. David would fear that Arthur would fail to supply the right quality of sugar, pack less quantity, delay delivery, or fail to deliver completely5. The right ways of taking security including the receiver withholding payment until reception of the goods is one of the alternatives available to the receiver. On the other hand, the supplier would ask for payment before making any deliveries to take of uncertain eventualities6. To safeguard his rights, Arthur could stipulate in the contract that he remains the absolute owner of the sugar until payment is cleared. In case, Arthur has more needs for the money he could stipulate that the money goes to a specific agency before delivering the sugar to David7. However, in this case, David is one the receiving end because he was the receiver who received sugar8 outside the agreed time to a level that the market price is now half the officially estimated one. If one follows proper restructuring, trusts are the best means by which participants in commercial enterprises can take security. First, trusts work in dealings
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