Essay about Hamlet - 844 Words

Hamlet Drama Exam 1)Shakespeare’s revenge tragedy, â€Å"Hamlet,† critiques the society of Denmark using powerful mononlogues and dramatic action. On the other hand, Wilde’s comic drama pokes fun at the high morality of Victorian Society. One serious theme that I noticed in â€Å"The Importance of being Ernest† was the consistent act of deception throughout the entire play. However this lack of honesty was not lonesome for insightful comedy and a visible foreshadowing of upcoming events accompanied it. Meaning that the play was cleverly written with humor and provided us with an obvious chain of facts that would lead up to us unraveling the end of the play. This play critiques the need to lie or exaggerate the truth, in order to â€Å"fit in†Ã¢â‚¬ ¦show more content†¦This he does by killing Claudius at the end of the play. However it is clear that the theme of vengeance is merely a vehicle used by Shakespeare in order to articulate a whole series of themes ce ntral to humanity: #61623; relationships between father and son, mother and son, and Hamlet and his friends #61623; love relationships #61623; power wielding #61623; madness, feigned madness, dissembling All these themes, as well as others, are found in Hamlet. However, it is important to remember that Hamlet himself is at the centre of everything, and it is on him that all the great themes are focused. There is no other character in literature so rich, so complex, so enigmatic, at once so opaque and transparent. 3) In plays, characters are developed, in part, by mononlogues, dialogues, and actions. However, characters are also developed be choices made by directors, actors, and set designers. These elements all play into the way that we, as an audience perceive the characters, and the play as a whole. Of course, Shakespeare can live or die on the strength of the cast. Mel Gibson, in the lead, was a very pleasant surprise. I dont mean to put down Gibson with this, as he has been excellent elsewhere before. Yet I was still caught unawares by the strength of his work here: he gives a very empathetic performance that remains coherent despite the Princes erratic and inscrutable behaviour. Alan Bates and Ian Holm (asShow MoreRelatedHamlet Madness In Hamlet1293 Words   |  6 Pages When reading Shakespeare’s Hamlet as a class, the first thing that most teachers or professors point out is the argument/idea of sanity, specifically Hamlets sanity. I believe that Hamlet is, in fact, feigning his madness. What I do not know is if I believe this because it is what I was taught or if I came up with the idea myself based on my own interpretation. When I was taught Hamlet there was no argument it was just fact that he was faking his madness. Because of my confusion, I came to findRead MoreHamlet1304 Words   |  6 Pagesunderlying themes of revenge, incest, and suicide, William Shakespeare’s Hamlet was remembered by many Elizabethan Era viewers as both a philosophical and oft-debated masterpiece (Dickson). These controversial themes attracted viewers everywhere, enticing them to see the play. One scene in particular from the original text of the play where this proves true is act IV, scene iv, lines 31-65, in which the titular character Hamlet decides tha t the time for revenge is at hand in an insightful soliloquyRead MoreHamlet787 Words   |  4 PagesElements of Drama: A Review of Hamlet Elements of Drama: A Review of Hamlet The way an artist creates a sculpture is similar to the tactics of a drama writer. While artist focus on the color and shape of their creations, writers of drama focus on specific elements. In Hamlet, Shakespeare uses plot, character, setting, staging, and theme to create a well-rounded story. One of the first elements of drama is plot. Considered to be the foundation, plot is theRead MoreHamlet As The Tragic Hero Of The Play Hamlet 1314 Words   |  6 PagesIn order to better understand Hamlet one must first asses, and define man. According to webster dictionary a man is a male often having the qualities associated with bravery,script or toughness(site webster dictionary www.define a man.com here). We know the male figure is known to exhibit distinctive male traits such as strength, dignity, courage and be a provider and supporter. As seen in Hamlet one must understand the male figure to better understand Hamlet and why the male behave in such waysRead MoreHamlet Analysis : Hamlet 1149 Words   |  5 PagesEnglish December 7, 2015 Hamlet Analysis Prince Hamlet is a man who enjoys contemplating difficult philosophical questions. When his father the king of Denmark, was killed by his uncle. when Hamlet returns he sees his ghost after he returns home to find evidence of his father’s death. The Ghost of Hamlet tells Prince Hamlet that his uncle Claudius his uncle was the one who killed his father with poison of the ear. Throughout the rest of the story with him, Hamlet seeks to prove his uncle ClaudiusRead More Character of Hamlet in Shakespeares Hamlet Essay1324 Words   |  6 PagesCharacter of Hamlet in Shakespeares Hamlet Hamlet is a man of many discoveries. The tragic hero in Shakespeares Hamlet undergoes many changes throughout the play. His mindset is set deep and far away from the physical world that both helps him and hinders him in his plight for revenge against his uncle, Claudius, and his mother. When Hamlet is first introduced in Act I, Scene II, the reader is shown the depths of his sorrow. The King asks Hamlet How is it that the clouds still hangRead MoreHamlet : William Shakespeare s Hamlet1259 Words   |  6 PagesOmar Sancho Professor Christopher Cook English 201-0810 Hamlet Paper 23 May 2016 Hamlet Character Analysis â€Å"There is nothing either good or bad, but thinking makes it so.†(Act 2, Scene 2, 239-251) Hamlet by William Shakespeare is one of the most famous plays written that conveys a multitude theme. But most predominant is the presence of Hamlet s obsession with philosophy of life, throughout the play Hamlet philosophy reviles his point of view love, loyalty, the importance of family and friendsRead MoreOphelia and Hamlet in The Tragedy of Hamlet Essay1559 Words   |  7 PagesOphelia and Hamlet In 1600, William Shakespeare composed what is considered the greatest tragedy of all time, Hamlet, the tragedy of the Prince of Denmark. His masterpiece forever redefined what tragedy should be. Critics have analyzed it word for word for nearly four hundred years, with each generation appreciating Hamlet in its own way. While Hamlet conforms, without a doubt, to Aristotles definition of a tragedy, one question still lingers. Did Shakespeare intend for the reader or viewerRead More Hamlet Essay599 Words   |  3 PagesThe Revenge of Prince Hamlet nbsp;nbsp;nbsp;nbsp;nbsp; nbsp;nbsp;nbsp;nbsp;nbsp;Shakespeare’s, Hamlet, is a wonderfully written play that has many tangled webs of lies, betrayal, and revenge. The play starts off with the death of Hamlets father, the king. One night Hamlet sees the ghost of his dead father. The ghost speaks to Hamlet and tells him that he was killed by Claudius. Claudius, who is Hamlets uncle, has recently become the new king and as well married Hamlets fathers wife, GertrudeRead More Hamlet Essay1107 Words   |  5 Pages Perhaps the most famous soliloquy in literature, these words reflect the state of desperation in which Hamlet, the Prince of Denmark, finds himself as he contemplates suicide. His father, the King, has died. His mother, the Queen, has remarried within a month of the Kings passing, an act which has disturbed young Hamlet in and of it. To make it worse, she has married the Kings brother, Hamlets uncle, who is now the King of Denmark. As Hamlets despair deepens, he learns through the appearance

Space Travel President John F. Kennedy - 1168 Words

Space Travel Gage L. Barney Utah Valley University Space Travel On May 25, 1961 president John F. Kennedy delivered a speech of an ambitious goal to send an American to the moon and return him safely to earth by the end of the decade. â€Å" I believe that this nation should commit itself to achieving the goal, before the decade is out, of landing a man on the moon and returning him safely to earth† (kennedy, 1961). With this speech Kennedy created a new period in space exploration in the united states. America was at a standstill with space exploration and Russia had already launched a satellite into space in 1957, all America needed was a push which is what president Kennedy gave us. Before sending a human into space one must look at the space project and the missions that gave scientists and engineers the data to make safe equipment to be sent to the moon and beyond. Astronauts were bashed with primitive flight tests to help create training programs. America can even give the Russian space program credit for making the space program what it is today. They provided resources to our engineers and likely the most important they were america s competition. The Russian space program was years ahead of the Americans with their launch of sputnik an unmanned satellite in 1957, and their orbits and space walks, Yuri Gargarin was the first man in space. But on July 20, 1969 Apollo 11 landed on the moon and America was the first to put a human onShow MoreRelatedJohn F. Kennedy s Speech1361 Words   |  6 PagesJohn F. Kennedy Kennedy’s inaugural speech was remembered in the lines â€Å"Ask not what your country can do for you; ask what you can do for your country†. Kennedy’s speech resounded all over the United States inspiring the American nation to change, prosper and grow. He reassured the citizens of their nation’s strength and gave the people a sense of security. As the 35th President of the United States, John F. Kennedy was known for many accomplishments such as the establishment of the Peace CorpsRead MoreEssay about Jfk Was a Great President1431 Words   |  6 PagesPresident John Kennedy Was a Great President The task of the leader is to get his people from where they are to where they have not been† (Henry). This quote from Henry Kissinger is a representation of the Kennedy term in office. President Kennedy took the world to a whole new level; he succeeded in many tasks in his short time as president. John F. Kennedy was great president because of his involvements in the Cuban Missile Crisis, the Space Race, the Civil Rights Movement, and the Peace CorpsRead MoreThe Dark Side of the Moon Landing1479 Words   |  6 PagesCold War’s Space Race. The Cold War began in 1947, between the Soviet Union and the United States. There was no actual fighting in the Cold War, just political conflict, military coalitions, and numerous competitions of brain rather than brawn. Among these competitions is the most famous Space Race. Although the Cold War commenced in 1947, the Space Race did not begin until 1955. The President of the United States at this time was Dwight Eisenhower. The f irst competition of the space race was toRead MoreThe Legacy Of John F. Kennedy1429 Words   |  6 PagesJohn Fitzgerald Kennedy was the youngest president of the United States of America in history. He also the second son of Joseph and Rose Kennedy. He was American politician who served the U.S as a president from Jan 1961 until he was murdered in Dallas, Texas Nov 1963. When he was child John F. Kennedy had everything that a child could dream of, because his father was a billionaire. However JFK studied and graduated from Harvard in 1940. Three years later he volunteered in the U.S military. AfterRead MoreEssay on John F. Kennedy517 Words   |  3 PagesJFK John F. Kennedy was the 35th president of the United States (1961-1963). 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His charisma could turn skeptics into believers, and strengthen the bond between himself and his supporters. He had so much charisma because he used many rhetorical devices in his speeches, the same rhetorical devices that have been wooing crowds of people since the time of Rome. One of his most memorable speeches he gave was at RiceRead MoreApollo 11 : The First Space Mission1419 Words   |  6 Pages Apollo 11 was the first space mission that landed humans on the moon. On July 20, 1969, astronauts Neil Armstrong and Edwin Aldrin landed on the Moon while Michael Collins stayed in the Command Module. On the surface, Armstrong and Aldrin spent two and a half hours collecting samples, taking pictures, and exploring the surface of the moon. After they got their samples, they placed a three by five feet American flag on the moon, a plaque that s aid, â€Å"Here men from the planet Earth first set foot uponRead MoreFreedom Riders By Rosa Parks Actions And Advised By Martin Luther King Jr.1275 Words   |  6 Pagesinto a 18,000 acre-prison farm. In this farm the freedom riders were isolated from society, they had nothing but their songs to keep their spirits high. Sadly, because of these songs the whites cut their air conditioning and water making their living space a harsher condition. As the protests continued, they were met with violence that was not stopped by police forces as it should have been. The first bus bus entered Alabama, a state supporting racial inequality, and was immediately burned down by

Women s Rights Of Women - 1546 Words

Nepal In 2008, post the major changes in law in Nepal, which mandated that at least 33% of electoral Candidates overall were to be women, the country became the first in Asia to pass the 30% mark for women parliamentarians. Women won 197 (32.8%) of 601 seats. But it had taken a great deal of work, activism, training and lobbying.UNIFEM, in partnership with the National Commission for Women and local NGOs, boosted efforts that contributed to this historic representation of women. With support from the German government, Nepal‟s Making Politics Work with Women program supported capacity building of female and male members of the Constituent Assembly, and continuous advocacy with various subcommittees for the inclusion of gender and women‟s rights concerns within the draft Constitution. Partnerships with the UN Democracy Fund program focused on capacity-building of women candidates for office, and elected leaders, and for the training of media on gender issues, and civic education to promote women‟s participation in constitutional reform. The strategy advocated for quotas for women at all levels of government. A consensus was built with women‟s groups, political parties, civil society, and government ministries on a new draft Constitution incorporating gender equality considerations. The program publicized women‟s contribution to political and peace processes through advocacy tools, including a documentary on Women’s Role on Peace and Politics and radio jingles. Informational,Show MoreRelatedWomen s Rights Of Women Essay1455 Words   |  6 Pagesa myriad of women have expressed through outlets such as public assemblies, literature, and speeches. There have been three waves of the women’s movement, each targeting a variety of issues within each era. The third wave was in 1995, where Hillary Clinton spoke in Beijing, China, claiming that women’s rights were the same as human rights, that every aspiring girl deserved the civil liberties that every man was given around the world. Moreover, the movement had shifted towards women in developingRead MoreWomen s Rights Of Women1265 Words   |  6 Pagesstands in the way of women being equal to men? Journalist Carlin Flora suggests the following, â€Å"While not all claims to humanity are universal and no one context, culture or continent can truly represent all peoples, the following three examples from very different contexts, cultures and continents show that some violations of women’s human rights are universal. 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After reaching their goal and fighting vigorously, women could taste equality and the freedom they deserved. While women still have the right to work in today’s society, women are not exactly treated equal in the workplace. Regardless of the past and the extreme measures taken to ensure equal opportunities for both men and women, there are manyRead MoreWomen s Rights Of Women1590 Words   |  7 Pagesthe 1920s, women were ignored in every aspect of their life. From politics, to soci al situations, women were constantly looked at as lesser. The 20s was a decade of women ready to fight for their rights. From gaining social freedoms, to getting political rights, the 20s was the first decade of feminism. Many women played key roles in the fight for women s rights through speeches, marches, and much more. The women that fought for their rights in the 1920s completely changed how women live their livesRead MoreWomen s Rights Of Women1230 Words   |  5 PagesWomen’s suffrage has stretched from the 1800’s to present day, as women have struggled to have the same civil and constitutional rights as men in politics and be appreciated as equals in the workforce. Groups of women known as suffragists questioned the customary views of women’s roles. Eventually our nation has evolved and realized that male-controlled societies suppress women’s rights. From the beginning steps taken in 1850 to 2013 with women earning combat roles in the military, women’s rolesRead MoreWomen s Rights Of Women1206 Words   |  5 Pagesto speak of women and the role of women in this election, the subject of women is tiresome but necessary in a world where gender is still existent as an obstacle for most. I cannot identify what woman is. I am basing my definition from our modern understanding of woman, our general view, and the popular experience. People are using younger women voting for Bernie Sanders as proof of gender’s irrelevant in this election, that women have achieved their rights. Even if women ‘have rights now’ it doesRead MoreWomen s Rights Of Women1393 Words   |  6 Pages Women all over the world are being treated different than men. Iran is one of the places that women are being treated the worst. From restrictions to punishments, women in Iran are being treated with no respect, and that is not okay. Women’s rights activists have tried to get it to change, and have traveled to many places to try and get more people to join their movement. There are many issues with women not having the same rights as men. One of the main problems is that they are treated lessRead MoreWomen s Rights Of Women1272 Words   |  6 PagesThroughout history, women have fought a strenuous battle for equal rights. Many men, and even some women, all over the world believe that women do not share the same value and importance to society as men do. On September 5, 1995, Hillary Clinton spoke at the 4th World Conference on Women, on behalf of women all over the world. Clinton raised awareness on how women s rights are being violated and why it is important to recognize women s rights as equal to everyone else’s rights. Even today, in 2016Read MoreWomen s Rights Of Women1052 Words   |  5 PagesThe family has traditionally been the basic unit of Chinese society where women have long been charged with upholding society s values in their roles as wives and mothers. Especially in the Qing Dynasty, women were required to balance society s i deals with the reality of raising a family and maintaining a household. Throughout the imperial period and into the beginning of the twentieth century, the relationship among family members was prescribed by Confucian teachings. The revered philosopher

Business Ethical Decision Nelson Education -Myassignmenthelp.Com

Question: Discuss About The Business Ethical Decision Nelson Education? Answer: Introducation The donoghue case had provided three basic elements the presence of which is needed to determine negligence on the part of the defendant. As per the case the defendant must owe a duty of care to the plaintiff. The defendants actions must be such that the duty of care has not been complied with. There must be some form of injury which has been caused to the plaintiff. When the question in relation to ascertaining damages arise the remoteness of damages which have been incurred by the plaintiff is taken into consideration. The damages must not be too remote for the defendant to foreseen or else they would not be liable to be compensated. This modern approach in relation to damages in negligence had been discussed by the court in the case of D'Arcy v Corporation of the Synod of the Diocese of Brisbane [2017] QSC 103. There are various test which needs to be applied in order to determine whether the particular element of negligence can be established or not. These tests have been provided through various landmark cases which acts as precedents for determining negligence. One of the primary test for the purpose of determining whether the defendant owes a duty of care to the plaintiff is the known as the caparo test. This test is used to analyze whether a duty of care was owed in relation to a physical injury. This test had been provided through the landmark case of Caparo Industries pIc v Dickman [1990] 2 AC 605. In this case it had been provided that the concepts of proximity, reasonability, foreseeability of the defendant in relation to the duty of care being present has to be established. This means that if the defendant is able to foresee damages which may arise out of his actions to the plaintiff and the defendant is in close proximity with the plaintiff than it is deemed that the defendant owes a duty of care to the plaintiff. These principles had been discussed in the case of Corporation of the Synod of the Diocese of Brisbane v Greenway [2017] QCA 103. When the initial element of negligence, which is the presence of a duty of care has been established then the court has to identify the presence of the next element which is the breach of duty of care in relation to negligence. The test which is commonly deployed to analyze the presence breach of the duty is known as the objective test. The test had been provided through the landmark case of Vaughan v Menlove (1837) 3 Bing. N.C. 467. The rules of the test takes into consideration of the actions of reasonable person to determine the compliance with the duty. As per this case the defendant was held liable for the breach of duty because when a reasonable person was placed in the same situation as him and would have taken additional care of the situation. Thus when the defendant fails to take action which would have been taken by a reasonable person in same circumstances, the defendant is liable for the breach of duty. The test has been applied in various cases in Australia to determine negligence such as the case of Stokes v House With No Steps [2016] QSC 79. The third and final element of negligence is causation and the court determines it generally through putting into the situation the but for test when the issue is related to physical injury. The test has been established through the landmark case of Barnett v Chelsea Kensington Hospital[1969]. The concept of the test is simple, negligence of the injury would not have been caused but for the breach of directors duties. As per the facts of the case the plaintiff was a relative of a person who is dies due to the alleged negligence by a hospital who is the defendant. In this case the plaintiff was suffering from a terminal disease and would have died even if the doctor had not violated the duty of care. Therefore in the given situation there was no negligence. Thus as per the test it can be derived that only where the injury is the result of the carelessness of the defendant towards a owed duty of care can the concept of negligence may arise. When it comes to the remoteness of damages the court apply the forseeability test which had originated from the case of The Wagon Mound no 1[1961] AC 388. In this situation only those damages can be recovered by the plaintiff in case negligence is determined, which can be reasonable foreseeable by a reasonable person in the same situation. The provisions of this case also have been applied in various cases across Australia such as the case of Murphy v Brentwood DC [1991] AC 398 When the presence of negligence has been determined the defendant has the right to avail certain defenses under the provisions of common law which may reduce or abolish the liability owed by the defendant to the plaintiff. This defense of commonly called contributory negligence . One of the primary cases in Australia where the concept of contributory negligence had been discussed by the court is the case of Railways v Halley [1978] 20 ALR 409. In this case the presence of this defense reduced the liability of the defendant owed to the plaintiff with respect to negligence. The process of establishing contributory negligence is the same which is used for establishing negligence. In this situation the defendant has a duty of care towards himself and thus he must act as a reasonable person in same circumstances and taken the same level of care towards himself. In addition the injury would not have been caused to him if he was not himself negligent. Once the presence of contributory negli gence is determined in the case the liability of the defendant may be reduced or abolished. The damage in relation to the negligent act is proportionated by the court based on the level of negligence made by the plaintiff himself. The percentage of contribution reduces the percentage of damages. The above discussed proportion has been done by the court in the case of Jackson v McDonalds Australia Ltd[2014] NSWCA 162 where the situation involved a slip and fall case. In this case the court held that there was 30% contribution of damages in form of contributory negligence by the plaintiff himself and thus he damages were reduced by 70%. Application Thus from the above discussed provisions it is clear that a systematic approach is required for the purpose of establishing negligence. Thus establishing negligence requires a three step process. Duties of care, breach of duty and causation have to be established one after the other. In this case it has been provided that Alice is the owner of the boat in which the accident was involved. In the situation it has also been stated that Marcos was her client who met the accident. Thus here Alice would be the defendant and Marcos would be the plaintiff. In this situation while determining the presence of a duty of care the principles of the Donogue case has to be applied. In addition the caparo test also needs to be applied in the situation. While applying the test in the given situation it can be determined that Alice would have seen that her actions would have reasonably and foreseeably harm any person present on the boat. In addition the Alice was in close proximity to Marcos. Thus a d uty of care is owed by Alice to Marcos. The duty of care can further be established through the application of the neighbor principle. In the given situation it is evident that negligence of Alice will harm Marcos thus a duty of are exists. The establishment of breach of duty of care is the next process in the situation. This is done through the application of the objective test as provided through the Vaughan case. When a reasonable person is placed in the situation of Alice, she would have ensured that the floor of the boat is properly matted so that there is no accident. In addition when the accident had been caused a reasonable person would have ensured that the boat is taken back, which was not done by Alice. Thus it is clear that the objective test has not been satisfied and the duty of care has been breached by Alice. No reasonable person would have indulged in the actions which had been indulged by Alice in the situation. Further the element of causation needs to be established. In this situation therefore the but for test has to be applied in the given situation. It has been provided in the given situation that Marcos had slipped on the wet flooring of the boat. In this situation through the application of the test it can be determined that Marcos would not have been injured in situation where the floor of the boat was not wet. Thus the application of the but for test in this case has been satisfied. In the same the element of causation in this situation has also been established. Thus in the given situation where all elements have been established there is negligence in the case. A reasonable person would foresee the damages which have been caused to Marcos in the given situation. Thus Alice based on the test of remoteness of damages is liable to compensate Marcos. However in the situation Alice has the right to take a defense under the provisions of contributory negligence. This is because Marcos was negligent himself in relation to the injury caused to him. He was supposed to wear boots which were skid proof however he was only wearing slippers in spite of being warned. Thus if he would have been wearing the boots he would not have been injured. In this case there is contributory negligence on the part of Marcos. Thus the court will proportionate the damages to be paid by Alice. Conclusions Thus it can be stated that although there is negligence in the part of Alice, there is also contributory negligence on the part of Marcos. Thus the damages to be paid for negligence would be reduced. The ethical approach in relation to the situation by Alice In this situation it can be stated that the approach which has been used by Alice is the Utilitarian Approach as she had proceeded with the trip even in situation where there was an accident involved on the boat. When the accident had been caused she could have taken the vehicle in the direction of the harbor, however she did not do so and choose to carry on with the tour so that the other clients are able to see dolphins. This is because the clients had paid for the purpose of seeing dolphin in the tour. According to the utliltranism approach the benefit of the majority is taken into account (Ferrell and Fraedrich 2015). Here Alice took into consideration the happiness of all the other people present on the boat rather than safety of Marcos. She did not consider the seriousness of the injury which had been caused to the Marcos. Tensions and Factors which should have been considered and balanced in the circumstances It is evident from the situation the main factor which required attention and importance in the situation was the serious injury which had been caused to Marcos on the boat. The factor in relation to viewing of dolphins by the customers would be considered in this case as the secondary factor. This is because viewing of dolphins is a mere matter of contingency and in the situation where a person had been injured in a serious manner importance had to be provided to the injury caused to the person and the boat must have taken back to the harbor by Alice. The best ethical approach which would have been taken by me if I would have been in the position of Alice In the given situation it would have used the approach provided by deontology ethics while making a decision to go on with the dolphin viewing tour or take the boat back to the harbor in situation of the injury (Hartman, DesJardins and MacDonald 2014). In this situation I would have not carried on with the tour and brought the boat back to the harbor. This is because deontology ethics focuses on the consequences of the action. In this given situation where the people would not have been able to see dolphins would not have been subjected to as much detriment which Marcos would have been subjected to if he was not treated properly within time in relation to his injury. It would have been very inhuman for me to carry on with the tour when a person on my boat is injured in a serious manner. This behavior by Alice highlights her capitalistic nature where she only wants to make profit and not think about safety of others. For me the viewing of dolphins by the customers would have been far less significant than that of treating the injury of Marcos which was very serious. References Barnett v Chelsea Kensington Hospital[1969] Caparo Industries pIc v Dickman [1990] 2 AC 605 Capps v Miller[1989] 1 WLR 839 Corporation of the Synod of the Diocese of Brisbane v Greenway [2017] QCA 103 D'Arcy v Corporation of the Synod of the Diocese of Brisbane [2017] QSC 103 Davies v Swan Motor co[1949] 2 KB 291 Donoghue vs Stevenson [1932] AC 562 Ferrell, O.C. and Fraedrich, J., 2015. Business ethics: Ethical decision making cases. Nelson Education. Fulbrook, J., 2017.Outdoor activities, negligence and the law. Routledge. Grant v Australian Knitting Mills. PC 21 OCT 1935 Hartman, L.P., DesJardins, J.R. and MacDonald, C., 2014. Business ethics: Decision making for personal integrity and social responsibility. New York: McGraw-Hill. Jackson v McDonalds Australia Ltd[2014] NSWCA 162 Murphy v Brentwood DC [1991] AC 398 Railways v Halley [1978] 20 ALR 409 Richards, B., 2015. Negligence and tort law: the corruption myth. LexisNexis Butterworths. Stickley, A.P., 2016.Australian torts law. LexisNexis Butterworths. Stokes v House With No Steps [2016] QSC 79 The Wagon Mound no 1[1961] AC 388 Vaughan v Menlove (1837) 3 Bing. N.C. 467

Australian Guide to Legal Citation Footnotes

Question: Discuss about the Australian Guide to Legal Citation Footnotes. Answer: Items: As the company is short of working capital, Matt's uncle Daryl Mason makes an offer to invest $10,000 in the company. But the band is not sure if the amount should be taken as a loan or if they can offer shares in the company to Daryl. However, as a company is tainted by the law as a distinct legal entity, it is possible for Shakespeares Pty. Ltd, and Daryl to form a partnership. In this way, after the incorporation of Shakespeares Pty. Ltd, the partnership that was present between the members of the band has come to an end and a new entity named Shakespeares Pty. Ltd has been created. This new entity has all the rights and liabilities that are enjoyed by a natural person. Hence, this entity can also enter into a contract or a partnership with Daryl. Legal Aspects: The law provides that the private company, also known as a proprietary company, that does not have more than 50 non-employee shareholders, can raise funds from the existing shareholders of the company and also from the general public if fund-raising does not need a disclosure document.[1] Commercial Aspects: Therefore in the present case, the amount of $10,000 taken from Daryl can be considered as a loan taken by Shakespeares Pty. Ltd or the company can also enter partnership with him. If still partnership: A partnership can be created between Shakespeares Pty. Ltd and Deryl. Items: The law provides that after its incorporation, a company has to be treated as a distinct legal entity. The result of this legal fiction is that a company can own property in its own name. In the same way, a company can also enter contracts under its own name. Therefore, the copyright over the future work created by Romeo will be held in the name of Shakespeares Pty. Ltd. As a shareholder and a director of the company, it will be a breach of the duties of directors or part of Romeo if he retains the copyright over the work created by him. Legal Aspects: Certain duties have been imposed on the directors of corporations. According to these duties, the directors, should the bona fide and should not make an improper use of the position held by them in the company. Similarly, these duties prohibit the directors from meeting in secret profit at the expense of the company.[2] The result is that all the work created by the employees of the company has to be treated as the work of the company and therefore the copyright over such work will be retained by the company itself. Commercial Aspects: Hence, in view of this legal position, Romeo cannot be allowed to personally hold the copyright over all the future compositions created by him. And similarly he cannot receive a royalty from the company regarding such work. This work has been created by Romeo for the company and therefore the copyright over such work will be held by the company. If still partnership: A partnership is not present in this case. Items: According to the third issue, Linda wants to personally insure her voice. Therefore the issue arises as to who owns the voice and what are the duties of Linda towards the Corporation. In this case, Linda is a member of the band and at the same time, she is also a shareholder of Shakespeares Pty. Ltd. Legal Aspects: It has already been mentioned that according to the Corporations Act, a company is treated by the law as having its own distinct identity. Therefore, a company can own assets in its own name.[3] However, in this case it needs to be seen who owns the voice of Linda. While incorporating the company, all the band members have decided to join their hands and work for a common goal. According to the Partnership Act, this in itself amounts to a partnership. However, later on, they were advised by their accountant friend Melissa that they should think of incorporating a company. Section 124 of the Corporations Act provides that a company has all the powers enjoyed by a natural person. Commercial Aspects: Mellissa told them that a number of benefits will be available to them after they have incorporated the business in the form of a corporation. If still Partnership: A partnership arises when two or more persons or legal entities have decided to work together for a common goal in business. Items: In this case, the van owned by the band is subject to a chattel mortgage and an amount of $10,000 is owed on the van to EZ Ltd. Therefore, it has to be seen, what will be the legal implications of this. Legal Aspects: A chattel mortgage is a commercial car finance product. In case of a chattel mortgage, the finance company lends money to the customer. This money is given to the customer for purchasing a car or some other motor vehicle, which is known as the chattel and in return, the customer makes regular repayments. In this case, the ownership of its taken by the customer at the time of the purchase, however, the finance company takes out a mortgage on the vehicle through an ASIC registered fixed and floating charge for the purpose of providing security for the loan. After the completion of the term of the loan and when any residual value has been paid, the charge is removed by the finance company and a clear title to the vehicle is given to the customer. It is also available to the customer to trade in the vehicle or it may refinance the vehicle for its residual value. Commercial Aspects: There are certain major benefits that are available in case of a chattel mortgage for financing a motor vehicle. These advantages include the choice of the term of the loan, which could be 2 to 5 years. Similarly, there are wide options regarding the residual value, generally ranging from 0% to 60% of the original value, depending on the age and the type of the vehicle. Optionally in this case, a deposit can be used for reducing the size of the loan. In this case, the chattel mortgage over the van can be made in the name of Shakespeares Pty. Ltd. As a corporation is distinct legal entity, it is separate from its members (shareholders) and controllers (directors). Therefore, a company can own assets in its own name. At the same time, a company can also enter into contracts under its own name. The liabilities of the company can also be imposed only against the company itself and not raise directors or the shareholders of the corporation. The effect of this legal position is that the liabilities of the company towards the parties can only be enforced against the assets owned by the company and are these the assets of the shareholders. If still partnership: In this case, no partnership is present. Items: The issue in this case is that Michael is a shareholder, as well as a director of Shakespeares Pty. Ltd., on the other hand, Shakespeares Pty. Ltd has signed a contract with Squeezem records Ltd for three albums. Now this company wants that Shakespeares Pty. Ltd should remove Michael and another drummer, Jim should be appointed in his place. In this regard, it is worth mentioning that a shareholder cannot decide. Even if Michael leaves the band, he will still remain a shareholder of Shakespeares Pty. Ltd. in such a case, one option is to buy the shares owned by Michael and Dean can be invited to become a shareholder. On the other hand, it needs to be noted that Michael is also a director of Shakespeares Pty. Ltd. There is a certain procedure to change the director of the company. Legal Aspects: Section 203C of the Corporations Act which is a replaceable rule is applicable in case of the proprietary limited companies. No procedures or statutory restrictions have been placed on the removal of a directive in case of such company. A replaceable rule is the section of the Corporations Act that can be displaced by the constitution of the company. In case section 203C of the Act has not been displaced by the constitution of the company, then a director can be removed by passing a resolution of the company or by a majority of the board of directors, keeping in view the terms of the constitution of the company. Commercial Aspects: In Australia, most of the big companies are the big banks, mining companies and other public companies that are listed on the Australian Stock exchange. Generally, in case of such companies there are a considerable number of shareholders. At the same time, there is also the vast majority of companies that are the proprietary limited companies. In case of these companies, there can be less than 15 on employee shareholders. Therefore, most of the small and medium-sized enterprises in Australia have adopted this form of company. There are certain rules which allow the company to remove a director. These rules have been mentioned in the Corporations Act, 2001 and/or the constitution of the company. In this regard, a distinction has been made between the public companies and the proprietary limited companies. Is still Partnership: In this case, a partnership is not present Bibliography Graw, Parker, Whitford, Sangkuhl and Do, Understanding Business Law 7th ed LexisNexis Butterworths, 2015. Latimer, P, Australian Business Law CC, 2016 Edition Stephen Graw, 2011, An Introduction to the Law of Contract, 7th Ed., Thomson Reuters. Sweeney, OReilly Coleman, 2013, Law in Commerce, 5th Ed., LexisNexis. Vermeesch,R B, Lindgren, K E, Business Law of Australia Butterworths, 12th Edition, 2011. Stephen Graw, 2011, An Introduction to the Law of Contract, 7th Ed., Thomson Reuters. Sweeney, OReilly Coleman, 2013, Law in Commerce, 5th Ed., LexisNexis. Latimer, P, Australian Business Law CC, 2016 Edition