Doctrine of Estoppel in Australian Law Essay Example | Topics and Well Written Essays - 3500 words

Doctrine of Estoppel in Australian Law - Essay Example But then, if the plaintiff has said or done something that induced/caused the defendant to change his or her behavior and that reliance was reasonable, the courts hold the discretion to deny the remedy to the plaintiff. Estoppel is not a remedy "at law" in the jurisdictions of common law, but is based on the principles of equity. In most cases, it is only a defense used by the defendant to prevent the plaintiff from enforcing established legal rights, or from relying on a set of facts that would give rise to enforceable rights this can be in the form of words uttered or actions performed, if that enforcement or reliance can be seen as unfair to the defendant. Because its effect is to defeat generally enforceable legal rights, the scope of the remedy is often very limited. In the case of a debt, for instance, an estoppel could be claimed if the creditor tells the debtor that he has been forgiven of his debt, but then there has not been a formal termination of the debt. If later the creditor demands that the debt should be paid back, but the debtor, reling on the earlier information that the debt has been forgiven him, has innocently spent the money on something else, the creditor may be estopped from relying on the usual contractual right to repayment because it would be unfair to allow the creditor to change his mind. Estoppel provides a way in which promises can be legally binding, even when there is no consideration. Estoppel is reliance based and, and you should note that reliance was never sufficient to constitute a consideration. In strict terms, Estoppel has nothing to do with contract, which means it is not part of contract law in the traditional sense. It is something that exists as a separate body of law - just like negligence or trespass. Its importance is that it has impacted on the law of contract by making it possible to argue for legal obligations which are contract-like but which do not satisfy the traditional requirements of consideration. Estoppel has therefore had an important impact on contract, but, it should be kept in mind that estoppel is a general doctrine which operates in all sorts of other areas as well. A lot of learned commentators of great influence have argued that there should be, if there never was, but one doctrine of estoppel by conduct in Australian law. Their argument captured by Mr. Spence in his book as the desirability of the unification of common law and equitable estoppel, and he advocates for a model of unification in which equitable estoppel would be extended to cover assumptions of fact, thereby swallowing up the common law doctrine. This method of unification was advocated and explained by MasonCJ in his judgment in CommonwealthvVerwayen 2. Their major worry in relation to equitable estoppel is whether it is fundamentally concerned with preventing unconscionable conduct or with protecting reasonable reliance. They are wont to ask if equitable estoppel is essentially concerned with the representor's misconduct, or with the representee's plight This is basically what the learned authors, Meagher, Heydon and Leeming, mean when they said in their book3 that "there are influential proponents of the view that there now should be, if there has not always been, but one doctrine of estoppel by conduct". What it seems to me that they are saying is that there should

Privacy and technology Essay Example | Topics and Well Written Essays - 1000 words

Privacy and technology - Essay Example According to If Looks could kill by The Economist and Trading Liberty for Illusions by Wendy Kaminer, the world today tends to prefer the inconsequential over the important aspects in their lives. For instance, people now judge based on race after the 9/11 attacks, airport security has become increasingly intrusive, and technological advances have eroded whatever little privacy people had left. Both Wendy Kaminer in Trading Liberty for Illusions and The Economist in If Looks Could Kill refer to terrorism as one of the main reasons why the privacy of ordinary American citizens is being invaded. The main reason for Kaminer’s article is to opine that the government hides behind the threat of terrorism to excuse their infringement on their citizen’s rights. She uses the rhetorical technique of pathos to appeal to the readers’ emotions. She starts her article by saying, â€Å"Only a fool with no sense of history would have been sanguine about the prospects for civil liberties after the September 11 attack† (Kaminer, 2004). This ensures the reader knows she is against the invasion of privacy on the pretext of terror threats. She contends that the Bush Administration held over a thousand non-native Americans after the 9/11 terrorist attacks, although most of them were not connected to the events of the day (Kaminer, 2004). Kaminer concludes that the fear of the government and subsequent attacks make citizens give their liberty up because they have been fed on security illusions. On the other hand, The Economist’s main reason for writing their article is to opine that the threat of terrorism and crime has pushed technology to higher heights. They use the rhetorical device of logos to contend that technology talking about the ability of new technology to use micro-expressions rather than the old profiling technique. This technology will remove the risk of racial profiling by the police because all it detects are expressions made by an individual, rather than the color of their skin (The Economist, 2008). In addition, The Economist also contends that the technology will be important in cases where packages are left by suspicious individuals and will alert security officials on the potential danger. The Economist talks about other technologies aimed at anti-terrorism that measures breathing and heart rate, perspiration rates, temperature of one’s skin, and the flow of blood, doing all this while the potential suspect is some meters away from them. They say that this machine was tested, and it identified 80% of individuals attempting to sneak weapons into a room (The Economist, 2008). It is clear that The Economist and Wendy Kaminer have very different ideas on the use of technology to combat terrorism. While Kaminer contends that the current technology fails and infringes on the privacy of ordinary citizens, The Economist is of the idea that new technologies in the pipeline will be more reliable and will not be culpable to racial profiling. The two articles discuss the issue of technology and privacy but organize their arguments in different ways. Wendy Kaminer in Trading Liberty for Illusion begins her article by contending that terrorist attacks and crime have always led Americans to allow the government to trample civil liberties when there is an attack because they feel under siege or frightened (Kaminer, 2004). She gives a brief history of US Presidents who

Personal Responsibility Essay Example for Free

Personal Responsibility Essay Achieving college success can be accomplished in several ways by oneself. Taking steps to exceeding, developing set goals, time management, and personal responsibility goes hand in hand. Although, if one does not follow these steps or stays true to themselves, life could become overwhelming, stressful, and chaotic. By doing this he or she cannot only achieve success in college, but also in his or her personal life. Meaning Merriam-Webster (1995) defines responsibility as the quality or state of living responsible, for something which one is liable to answer for one’s acts or decisions. When hearing the above an individual has to believe by having any success in life, person responsibility goes hand in hand. Achieving college success or personal success in life one has to take action for any decisions, choices, or actions that are made. It takes much strength for someone to stand up for his or her own beliefs and actions. When someone has plans to achieve college success or success in anything in life; plans and goals should be set before expecting any type of success. Some may view personal responsibility different from the person next to them; one thing that is truly the same is the effort to achieving success in his or her own life. Everyone is ultimately responsible for everything in their lives, pointing fingers at others is giving excuses on why one cannot achieve success. Success in college can be seen in several ways. He or she can measure college success in all types of ways; by achieving good grades, learning new knowledge, learning how to speak to others, working together as a team, and the final result a college degree. To accomplish such goals, he or she first must know what they are wanting out of college. With this personal responsibility comes into play; by not staying true to themselves the accomplishments will not be rewarding nor fulfilling. Someone who wants to succeed in college will do what is expecting and more to achieve the success. Teachers and family members have little effect on one’s college success, but it is the individual’s own personal responsibility for achievements in college. Although one may disagree with Mr. Awender, as there is no relationship between developing a college success and the success in the business would. There can be a relationship between having an educational success and with success in a b usiness world; he or she just needs to have personal responsibility while achieving it. Careers can also have many successes. For an individual to be successful in the business world, they have to start from the bottom and work themselves to the top of the ladder. Personal responsibility and motivation are a key factor in climbing the business ladder. But not acquiring the motivation and determination along with goal sitting to strive to be the best, he or she will always be on the bottom. Working with team members can at times make you think or compare yourself to other co-workers. When you are trying to be successful in your career, he or she should not compare how his or her own success towards other people’s success in their career. This could lead into discouragement in oneself, and the ability to focus on the goals at hand, and the accomplishments may become hard to achieve. This could postpone or delay the career success he or she is looking for. In 1972, Max Gunther points out there fifteen â€Å"successful man† with a network ranging from $100 million than to a billion dollars, only four of those mean have either a college or a university degree (Gunther, 1972). One can only realize that with a high level education there is a high level business success. This is true in most cases, but there are those times that business experience can play a role into achieving success through a career. Some may argue that success is often found within a career that the position is that of a head manager is the top of success. Experience, age and even seniority can play a toll in how much someone is paid or the level he or she achieves in that career field (Awender, 1985) . Preliminary plan Having a preliminary plan is the starting foundation of creating success in college and in life. Personal responsibility is one of the things, where he or she is willing to take the necessary steps to succeed. Having high goals and dreams means keeping with the goals and doing can be done making sure that he or she is achieving the goals and dreams they have set for themselves. Things happen in life to where someone may encounter problems or setbacks while achieving success. With that one will need keep an open mind and stay positive to any negative while moving forward toward any goals. Realizing that goals can and will need to be changed or adjusted while he or she keeps heading towards the ultimate goal. Time management is a piece in the preliminary plan to achieve overall success in life. Having to balance his or her own personal life, work life, school life this is going to take personal responsibility to be able to stay on top. Most college students that are returning back to school are either married, have kids, a full time job that require a good portion of their time. You will have to be ready and prepared to sacrifice some things to succeed in school or life. This is why having time management and personal responsibility will come into play. Procrastination will make life hard for the one who is achieving success. This is where his or her own life will become overwhelming, stressful, chaotic. To conquer these aspects of procrastination one has to be responsible for their actions. According to (Klingsieck, Fries, Horz, Hofer 2012) Up to 70% of university students consider themselves procrastinators and 50% procrastinate consistently and problematically. Some students have reported that procrastination typically accounts for more than one third of their daily activities and is often carried out through sleeping, reading, or watching TV (Klingsieck, Fries, Horz, Hofer 2012). Conclusion  One should take personal responsibility for their own actions so they can lead themselves on a pathway for success. Having to decide how to manage his or her own time between personal responsibility and college success is a major factor in achieving ones goals. One must learn how to prioritize their lives in a way they can balance all factors into achieving the overall goal; becoming successful in college and a career by using personal responsibility.

Blame :: essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  Are some people more to blame for a crime then others and if so why? This is a question which many people wonder about today. I think the answer is yes. People who are brought up in a certain way are more likely to commit a certain crime than others. In he following I will consider why certain people are more to blame then others for the crimes that they commit.   Ã‚  Ã‚  Ã‚  Ã‚  Before looking at the issue of if some people are more to blame than others we must first look the reasons in which people may commit crimes and the type of crimes. There are a variety of reasons for a person to commit a crime including greed, to be famous, need for money, pure hate, and insanity. The crimes in which they commit range from murder, robberies, or rape.   Ã‚  Ã‚  Ã‚  Ã‚  After looking at reasons why and the types of crimes it is now possible to look at the larger issue at hand. If a person is poor and they are performing a robbery to get some money to feed their baby should they be more to blame than someone who is rich but performing the same robbery because they are greedy. There is no right answer to this but I think that the person who is robbing the store to help his kid is less to blame. I say this because even though the person is poor it is not always his fault. He may not be able to get money for his baby but would still feels the need to provide for it. This is what forces him to rob the store. I feel people should look at him with a bit of compassion because the reason that he was committing the crime was not a selfish one but one that benefits others. On the other hand the rich guy who robbed the store cause he was greedy should be help more accountable for his crime. Since he is rich and did not need the money and onl y committed the crime because of his own selfishness he is more to blame.   Ã‚  Ã‚  Ã‚  Ã‚  You might say why should the blame be divided differently between the two people if in fact they did commit the same crime. Now it is true that they are both supposed to be equal but are they really truly equal. How can we say that a poor person is equal to a rich one?

Honda Cars Philippines Inc. (HCPI) Resume

Being a student trainee is one of my good and memorable experiences in my college life. Everything was a â€Å"First time†. It’s my first time to submit a formal resume in a huge and known company which is Honda Cars Philippines Inc. (HCPI); To Undergo actual job interview with a real interviewee; Had job orientation, plant tour, borrowed uniforms from the company, issued temporary ID, etc. ; My first time to introduce myself to the whole department and group I’m assigned or endorse to.As a student trainee, we are schedule to report on HCPI from Mondays to Wednesday. I woke up five in the morning to prepare and come early for the shuttle service. I experience being left by the shuttle, riding a wrong one which led me to drop by at Star Mall Alabang instead of Balibago. It’s my first time to experience working 10 hours a day in 3 day a week. It’s my first time to use a machine where I should punch my Time Card (DTR). I experience answering phone call s, to use a new system that I’m not familiar with, to sort thick warranty papers, etc.I experience and learned to use each and every office tools that was needed in my tasks, though sometimes I failed to use it properly. In tough times, I experience tiredness, being sleepy in working hours and being hungry because I didn’t take my meal just to finish my work quickly. But all of these are worth it, because I received my Monthly Allowance which I gain working 10 hours a day in 3 days a week. At HCPI, They used to work hard for the sake of the company and its associates or employee. It is my first time to work in an actual workplace without any idea of my jobs flow.But my superior is there and guided me in some sort of task. There, I experience rush hour, do some task that was not under my fields. I experience to finish my task quickly because it’s time to go home. Sometimes, I experience the pressure of not having enough time to finish my work. I also experience t o go under time because of some problems or concerns at home and in school. But it’s my pleasure to receive several complements from my superior after finishing my task in the shortest possible time.Being a student trainee, I’ve been trained as an effective and sufficient person, I can adopt what I’ve learned from the company to be a good help for my future job and future works. I experience being guided, motivated, trained and taught by my superior and by the group that I’ve been endorse with and It doesn’t seems like I’m just a trainee, because they treated me like I’m one of them. I’ve never been criticize when it comes from my failed works, instead they motivated me more to improve my weakest ability and skills.They’ve been a thoughtful group mates/ bosses/ guardians/ friends for me. They always prepare something for me, gave me â€Å"pasalubong† whenever they left for OB and always treat me some snack. They n ever fail to inspire me and gave lots of advice when it comes to my study, my future job and future life. I know that all of these will end soon. All the things I already used to will soon going to be just a part of a good, memorable and wonderful experiences that I had in my college life. I spent 2 month as a trainee at HCPI.Then suddenly and finally my â€Å"Last day† came. It’s my last day to wake up five in the morning from Mondays to Wednesday, to ride a shuttle, to eat at the cafeteria, to work 10 hours a day in 3 days a week, to have my break at 10:00 am, 12:00 nn and 3:00 pm break . Last day to answer phone calls, to use the system I already used to. It’s my Last day to visit my locker and wear my complete uniform, my last day to punch my time card to the machine that at first I didn’t know the proper usage.My last day to be with all the people in the department I’m assigned to. It’s my last day as a student trainee and my last day o n HCPI. When it’s time to say goodbye to all the people I’m used to be with, to the company that accept me and trained me well. I celebrated my last day in HCPI with the group I’m endorsed with. I experience having my farewell message and say it out loud to the group I’m assigned to. At first, I probably say that OJT sounds boring and tiring and you don’t have any choice but to undergo with its process.But when you already get used to it you can realize the fulfillment of joy that you’ve felt after finishing all of these. All the sacrifices and time you spent are worth it. I’m thankful that once I’ve been a part of a great company and I’m proud to say that I’m my 200 hours (2 months) staying at HCPI as a STUDENT TRAINEE, I experience all the things that I’ve never expected to. I’ve even experience the things that never been to my mind. But all of these, even if it’s good or bad experiences wil l be a good help for me as a fresh graduate to find a great job as a well trained person.

Questions On Environmental Summer Assignment - 1522 Words

3) Environmental Summer Assignment Essays a) E-Waste In the 21st century, everyone feels the need to be up to speed with all of the new gadgets and technology. When new technology is released, people drop everything they’re doing to run out and buy it. But what happens to their fairly used devices that have been labeled â€Å"out of style†? They are thrown away and become electronic waste. Types of it, E-Waste as it is better known as, includes unwanted or broken circuit boards, computers, monitors, mp3 players, keyboards and DVD players. Approximately 82% of these end up in landfills or incinerators. Most people fail to realize that electronics are made from valuable materials that can be recycled, such as gold, silver, aluminum, copper, nickel, and sometimes-even platinum! Some E-Waste products are extremely hazardous to humans and to our environment. Polyvinylchloride, mercury and lead are all harmful substances found in electronics. Fortunately many states and countries have created laws and made it very well known t o their citizens on how to deal with E-waste. The hazardous side effects of E-Waste have the most impact on labor workers in other countries. Where health regulations are not enforced, most of the labor workers are frail children with no protection from the harmful chemicals that use their bare hands to take apart the electronics in order to salvage valuable and reusable electronic parts. In Guiyu, China where child labor is the norm, approximately 82% ofShow MoreRelatedHRM 560 WRITING ASSIGNMENT 2 Environmental Pressures v2a Essay1151 Words   |  5 Pagesï » ¿ Assignment 2: Environmental Pressures Sandra T. Sims, Student Summer Quarter 2014 HRM 560 – Managing Organizational Change Instructor: Dr. Mary Hair Collins 1. Create a table where at least three (3) organizational pressures and at least three (3) environmental pressures in the organization are illustrated and rank those pressures according to their influence. Corporate organizational pressures describe change both negatively and positively for the company and its employees. These evaluationsRead MoreSMU MBA SEM 2 SUMMER 2015 ASSIGNMENTS1436 Words   |  6 PagesGET SOLVED ASSIGNMENTS AT Rs.150 per subject or Rs.700 per semester VISIT WWW.SMUSOLVEDASSIGNMENTS.COM Or Mail us at solvemyassignments@gmail.com SMU MBA SEM 2 SUMMER 2015 ASSIGNMENTS MB 0044 - PRODUCTION AND OPERATION MANAGEMENT 1. Explain the elements or components of operations strategy. 2 Answer the following questions: a. What is location decision sequence? b. Which general factors influence the plant location decision? 3 Write short notes on: ï‚ · Pareto analysis ï‚ · Acceptance sampling ï‚ · Juran’sRead MoreCase Study – Quantum Telecom1017 Words   |  5 Pagesand   focusing  on  Scope,  Time,  Cost  and  Risk.  The  selected  project  preferably  should  be  a  real  project  example  that  you   have  been  involved  with  previously  or  currently  working  on.  The  following  is  a  list  of  areas  that  should  be  covered   within  the  assignment,  the  Project  Plan:  Ã‚   † † † † † † † † † † † † † † † Brief  description  of  what  the  project  is;   Identification  of  owner,  sponsor  and  project  manager;   Project  objectives,  deliverables  and  outcomes  in  terms  of  scope,  time  and  cost;   Who  are  the  sRead MoreMacro Environment Factors933 Words   |  4 PagesMacro Assignment Table of Contents 1. Introduction†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...3 2. Summaries†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.....3 3. Macro environment factors†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦....4 4. Industry involved†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.......5 5. Impact of the factors†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..5 6. Conclusion†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.6 1.0 Introduction The purpose of this report is to demonstrate an understanding of the marketing macro environment. 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More importantly, during the summer semester 2016 in EPC 657A Seminar in Career Counseling I was assigned an assignment titled â€Å"Social learning narrative†. This assignment putRead MoreAn Environmental Study2299 Words   |  10 Pagesper day for six days per week. It is necessary for an environmental impact study to be undertaken before the county can issue a permit. The biggest issue is, of course, the air quality implications of cement production, but potential impacts on water quality are of concern as well. It is now October, and you want to start building the plant by the end of next summer, if at all possible. It is now time to issue an RFP to procure an environmental impact analysis. Studies of this type normally require

Adoption Of The Supply Chain Management - 1348 Words

Adoption of And its future in the â€Å"Supply Chain Management† of the organisations? An Individual Research Report Submitted By – SRIJAN CHAKRABORTY GMAY14IBWM061 I. Table of Contents Contents Page No. 1) Introduction 2 2) RFID Explained 2 (i) What is RFID’s History? 2 (ii) How RFID changed the way business was done? 2 (iii) What are the issues with RFID? 3 (iv) Will RFID be widespread in future? 6 3) Conclusion 6 4) Bibliography 7 5) Appendices 7 II. Introduction Today every enterprise is working in a dynamic†¦show more content†¦III. RFID explained ï  ¶ What is RFID’s History? The history of RFID can be traced back to the times of World War-II. However, the first practical application of this technology could be found in USA where Mario W. Cardullo received the first patent for an active RFID tag with rewritable memory on 23rd January, 1973. Further in the 1990’s, IBM developed the Ultra-High frequency RFID for Wal-Mart which brought RFID into the commercial sphere. Although Wal-Mart sold the patents to Intermec, Intermec’s RFID were installed in numerous applications. But the technology was expensive. Later, Sarma and Brock changed the way how RFID was perceived in the Supply Chain. They turned it into a networking technology by linking the tag to the internet. It was a revolutionary development. ï  ¶ How RFID changed the way Business was done? I. In Manufacturing Processes RFID has helped in: ïÆ' ¨ Less of manual work and costs ïÆ' ¨ Improved visibility and planning In many industries like that of FMCG, by the use of RFID, products can be counted in seconds. This is because RFID tags can be automatically scanned, that too multiple times. Moreover, RFID can be used to optimise production processes, as it can store more information than the traditional Bar Code system. II. In Warehouse Management RFID has helped in: ïÆ' ¨ Getting accurate information in