Tuesday, January 28, 2020

Three New Experiences of mine Essay Example for Free

Three New Experiences of mine Essay Of late, I am passing through a rough phase of life. My mother has been detected with a deadly symptom of Chronic Renal Failure. Naturally, she is undergoing peritoneal dialysis which needs be done four times a day by me. I am a Reader in English in a Government College. The College I am presently working in is at a stone’s throw from my residence. My boss is also of a pleasant disposition. Hence, I can scoop a little time from my busy schedule to hop in my residence to do the necessary exchanges after every six hours. I am fortunate, no doubt, as my boss is sympathetic towards me. Yet, the boring monotonous job sometimes tells on my health as well as temperament. I do not curse my fate but try to accept the reality as it is. Reality too bites, it is true!!   I had fallen in love with a male colleague of mine in the workplace. Rather, he had shown amorous advances and I tried to dissuade him as any puritan would. It was only because he was married. But nowadays, these hardly matter. Yet, one day when I was typing an article I was supposed to send to a local newspaper in the library , he sneaked into my cubicle, came close to me, breathed on my neck and kept waiting for my response. I looked back, asked him to behave properly. He seemed to be hurt and after that he kept avoiding me, even my shadows. Another colleague of mine who knew about his crush on me commented that day, â€Å"Wife is old wine, a paramour is an expensive variety of Cognac.† I kept mum. How could I make him understand that I was more preoccupied with my mother’s poor health than such a trivial matter to ponder over?! I didn’t find any time to get married till date even! Who’d feel for me?    I was about to deliver a speech on Orhan Pamuk , last year’s Nobel laureate , in an International Seminar , being held at a place which lay at about 700 kms. From my work-place. I booked a ticket on a Super-fast train at least three weeks ahead and left it in one corner of my reticule. It was a First Class Reservation ticket as I had to stay in the train for one night. Last afternoon , my cell-phone beeped while I was busy reading Bakhtin’s Dialogism in the library.   A singsong voice from the other end cooed, â€Å"Have you reported your arrival Professor? Your accommodation is ready in the Diamond block. Your paper entitled â€Å"Orhan Pamuk: Intrepid Ventures in fiction† has been scheduled in the post-lunch session. Please report immediately.† I was perplexed at first. Then said â€Å"Sorry?† Then each detail became crystal clear to me.    Oh Gosh! I was to attend the Seminar by catching the Superfast Express the previous evening. I rummaged into my reticule and found the expensive ticket with the accommodation details. I went downstairs to reach the Station and get a full refund for the ticket, but to my utter dismay only 10% of the fabulous sum had been refunded! I talked to the Seminar Convener over the phone and apologized. The nurse I was about to appoint came in the evening for doing my mother’s dialysis and was crestfallen to find me !    The first experience is not planned. The second one is somewhat planned. Only the third one has a bit of both.   The aforesaid experiences taught me to take life as it is and breathe a little concentration and agility into it. As I have to render a life-saving service to my mother , I must learn to prioritize my schedule. I have to keep my duties at home and at my workplace on an even keel. Falling in love is fine. But, no unwanted escapades are welcome for me now. I must rectify my forgetful nature. The third experience has made me learn it . That’s it.

Monday, January 20, 2020

Boxer Rebellion :: essays research papers

When Japan defeated China in 1895, European powers answered with an order they called, “ carving up the Chinese melon.'; Following the division of Africa among European powers, they turned their sights to what they saw as an extremely weak Chinese government. European powers and America began to scramble for what was called “spheres of interest.'; These spheres of interest involved holding leases for all railway and public advantages in different regions of China. Russia got Port Arthur, Britain got the New Territories near the Hong Kong region, Germany got Shantung and America got nothing. America was focusing largely on Guam and the Philippines and had missed the opportunity and so insisted on the “open-door policy'; in China were commercial opportunities were equally available to all Western powers and the political and territorial integrity of China stayed intact.   Ã‚  Ã‚  Ã‚  Ã‚  The imperial court responded to this foreign threat by giving aid to various secret societies. Traditionally, secret societies had been formed in opposition to imperial government; as such, they were certainly a threat to the Ch’ing government. However, anti-foreign sentiment had risen so greatly in China that the Empress Dowager ,ruler of China, believed that the secret societies could be the leaders in a military deportation of Europeans. This policy reached its crucial period in 1900 with the Boxer Rebellion.   Ã‚  Ã‚  Ã‚  Ã‚  The Boxers, or “The Righteous and Harmonious Fists,'; were a religious society that had originally rebelled against the imperial government in Shantung in 1898. They practiced an animistic magic of rituals and spells that they believed made them invulnerable to bullets and pain. The Boxers believed that the expulsion of foreign devils would magically renew Chinese society and begin a new golden age. Much of their discontent, however, was focused on the economic scarcity of the 1890’s. They were a passionate and confident group, full of contempt for authority and violent emotions.   Ã‚  Ã‚  Ã‚  Ã‚  In reality, the Boxer Rebellion could hardly be classified as either a rebellion or a war against the Europeans. China was largely under control of regional Governors General these regional officials ignored the Empress Dowager’s instructions and put forth every effort to prevent disorder or any harm coming to foreigners. The Boxer Rebellion, then, existed only in a few places and centered in Beijing. The Boxers laid seize to the foreign compound in Beijing cutting the Embassies off from their countries. The western response was quick and harsh.

Sunday, January 12, 2020

Law of associations partnerships Essay

Canny Gabriel Castle Advertising Pty Ltd & Anor v Volume Sales (Finance) Pty Ltd (1974) => this case suggests that the emphasis which is to be placed on the continuity of â€Å"business† is not heavy to a point of absolute decision. Our conclusion that the joint venture was a partnership, from which the parties anticipated profits and provided that the advance by Volume Sales to the ‘joint venture’ should be a first charge upon profits and that upon the repayment of such sum the profits should be divided equally, rests upon the following considerations: 1. the parties became joint venturers in a commercial enterprise with a view to profit; 2. profits were to be shared (see Partnership Act 1892 as amended (NSW) s 2(3)); 3. the policy of the joint venture was a matter for joint agreement and it was provided that differences relating to the affairs of the joint venture should be settled by arbitration (see cll 7 and 9); 4. an assignment of a half interest in the contracts for the appearances of Cilla Black and Elton John was attempted, although, we would have thought, unsuccessfully; 5. the parties were concerned with the financial stability of one another in a way which is common with partners †¦ carrying on†- what does that mean? Smith v Anderson (1880) ? tells us it involves the repetition of an act. => An ordinary partnership is a partnership composed of definite individuals bound together by contract between themselves to continue combined for some joint object, either during pleasure or during a limited time, and is essentially composed of the persons originally entering into the contract with one another. What if we do NOT have repetition? Is there carrying on of a business? No. for fairness reasons the Re Griffin Ex parte Board of Trade (1890) 1 undertaking can actually lead to a partnership? United Dominions Corporation Ltd v Brian Pty Ltd and Others (1985)? evolution In Common It is not necessary, in order for a business to be carried on in common, that all of the alleged partners actively participate in the day to day management of the firm’s business. All that is necessary, in the above context, is for the firm’s business to be carried on either by or on behalf of all of the persons who are alleged to be partners. An important consideration in this respect is whether there are mutual rights and obligations between those on whose behalf the business is being conducted. Legislation – Section 1 of the Partnership Act 1892 (NSW) provides that : (1) Partnership is the relation which exists between persons carrying on a business in common with a view of profit and includes an incorporated limited partnership. If the definition in s 1 of the Partnership Act 1892 (NSW) is satisfied then the law of partnership may apply. If a partnership is not proved it may be possible to apply other principles of trust or equity to the fact scenario. Cases Smith v Anderson 1880 => Investment case $100 for 90$ and the share holders do not know of the other people purchasing. Hence no partnership. Lack of common interest. Lang v James Morrison & Co Ltd (1911) => The High Court upheld the appeal, finding that there was no partnership. Chief Justice Griffith observed that:[T]he real substance of the transaction was that the plaintiffs and Thomas McFarland agreed to enter into a joint venture. They were not partners as against third parties, but each party had certain rights against each other. Separate bank accounts where kept Must have an element of principle and agent right- did not exist. Fiduciary duty is important View of Profit This element requires that the association must have as its object the acquisition of financial or pecuniary gains for its members. By way of contrast, in Wise v Perpetual Trustee Co Ltd (1903) AC 139, Lord Lindley noted that, in unincorporated voluntary associations, the intended gain is not for the individual members. Legislation – Section 1 of the Partnership Act 1892 (NSW) provides that : (1) Partnership is the relation which exists between persons carrying on a business in common with a view of profit and includes an incorporated limited partnership. If the definition in s 1 of the Partnership Act 1892 (NSW) is satisfied then the law of partnership may apply. If a partnership is not proved it may be possible to apply other principles of trust or equity to the fact scenario. Cases Bova v Avati (2009) – Truth And substance of the arrangement – Wilkshire, ex parte Delihasse. The law from this is? The court decided they where of partner even though †¦.? ARE THE FACTS COMPLETE? Are they in a partnership? Presumably yes. â€Å" DELIHASSE† quick finance has a lot of control despite the fact they do not share losses – the rules from S 2 SS3 are rebuttable due to delhasse. STATUTORY RULES Rule 1: co-ownership S 2(1) The holding of property jointly as co-owners will not of itself create a partnership as demonstrated in Keith Spicer Ltd v Mansell [1970]. Facts: two individuals purchased a premises upon which they hoped to establish a restaurant. They intended to form a company for this purpose. -Prior to this formation, furniture was purchased by X for from a third party and was not paid for, so the third party then wanted to sue Y on the basis that it was in a partnership with X. – The court said there was no partnership as X and Y were not carrying on business in common but were preparing to do so as a company. – Acts carried out in contemplation of a business being undertaken in the future did not point to a partnership. Further, the holding of property jointly did not change things. Rule 2: Sharing of gross returns S 2 (2) the sharing of gross profit will not be enough to create a partnership. This is demonstrated in Cribb v Korn (1911): Facts: Korn was employed as a rural worker by a landowner. The landowner entered into an agreement with Cribb under which the landowner had the exclusive use and occupation of a certain area of Cribb’s land. – As part of the agreement, Cribb would provide machinery and stock and the landowner would pay Cribb half the proceeds of sale of the produce of the land and stock, whenever this occurred. – Korn was injured while working and claimed worker’s compensation from Cribb on the basis that Cribb and the landowner were partners. – HELD: HC said there was no partnership, it was a mere tenancy. As the landowner had exclusive rights to occupy the land and Cribb had no right to direct or control the landowner’s working of the land, there could be no partnership but merely a tenancy. Further, the sharing of gross returns was not enough to establish a partnership, but merely constituted a rent. Rule 3: Profit and loss sharing S 2 (3) The difficulty in the interpretation of this subsection lies in its use of the expression ‘prima face’ to qualify evidence. It would seem that the fact of a profit-sharing scheme is admissible in evidence as to the existence of a partnership, but that fact by itself is not enough to draw the inference that there was a partnership: Television Broadcasters Ltd v Ashtons Nominees Pty Ltd (1979). In Cox v Hickman (1880), Cox and Wheatcroft were getting a share of the profit as creditors but were not found to be partners. According to Wightman J at 443: â€Å"it is said that a person who shares in net profits is a partner; that may be so in some cases, but not in all; and it may be material to consider in what sense the words ‘sharing in the profit’ are used. In the present case, I greatly doubt whether the creditor, who merely obtains payment of a debt, and no more, out of the profits of the business, can be said to share the profits. † The general rule is: Section 2(3)(a) of the PA provides 5 cases where the presumption that it is a partnership does not arise: 5 exceptions S. 4 –Firm definition – partnerships that has not been incorporated S. 5 (1) – Every partner within a partnership (excluding limited partnerships) has the right to represent the other partners for the purpose of the business as an agent UNLESS, they have no authority, or the person being dealt with believes they are not a partner. 5 (2) – General partner has the same power over general partners in a limited partnership unless (a) they have no actual authority to act; (b) If the person dealing with the GP knows that he has no authority, or does not believe them. S. 6 (1) S. 7 – Is for the case where if there is a use of credit for private reasons (1) if a partner does so it does not bind the firm unless he has special authorisation; (2) This same principle applies to General Managers. s. 8 – If there is a contract between partners set up saying that there is a limited authorisation or restriction and it is breached then it is not binding. (1) partner (2) incorporated limited partnership S. 9 – Liability of a partner. Every partner in firm is jointly liable with the other partners for all debts and obligations incurred while the partner is a partner. (2) general partner; (3) despite (2) a general partner wont be liabe because of (a) & (b). S. 10 – (1)

Saturday, January 4, 2020

Prevention Strategies of Communicable Diseases - 2781 Words

Prevention Strategies of Communicable diseases Methods of Control Communicable diseases occur only when the causative agent comes into contact with a susceptible host in a suitable environment. Prevention and control efforts for communicable diseases may be directed to any of these three elements. Communicable diseases affect both individuals and communities, so control efforts may be directed at both. Treatment of persons with communicable diseases with antibiotics typically kills the agent and renders them noninfectious. Thus, treatment is also prevention. A simple way to prevent the occurrence of communicable diseases is to eliminate the infectious agent through, for example, cooking food, washing hands, and sterilizing surgical†¦show more content†¦Impact of Communicable Diseases The gathering of humans in settlements (and subsequently cities) resulted in the development of periodic epidemics of communicable diseases, often with devastating impact. In the fourteenth century, for example, bubonic plague (carried by rats and transmitted to humans by fleas) swept through Europe, killing approximately one-quarter of the population of the continent. Epidemics of crowd diseases such as measles and influenza resulted from person-to-person transmission, and inadequate water and sewage management led to epidemics of diseases such as cholera and typhoid. Milk-and food-borne diseases also were common. Until the end of the nineteenth century, communicable diseases were the leading cause of death throughout the world. In the United States in 1900, tuberculosis was the leading cause of death, followed by pneumonia and diarrhea. Along with diphtheria (in tenth place), these conditions accounted for more than 30 percent of all deaths in the country. Major reductions in morbidity and mortality from communicable diseases have resulted from improvements in sanitation, housing, and nutrition as well as introduction and use of vaccines and specific therapies. Improvements in sanitation haveShow MoreRelatedSymptoms And Treatment Of Communicable Diseases1012 Words   |  5 Pageschronic diseases and easing away from the traditional acute care model of care. Institutionalized care is giving way to medical care in the community. Invasive procedures are giving way to less invasive pharmaco-medical treatments. Neglected diseases in the least developed countries are finally being attacked in force.But one shift has yet to occur. 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