Friday, December 27, 2019
Russian Revolution Essay - 1711 Words
Russia had been an autocratic government for 300 years under the Romanov Dynasty before the revolution of 1917. When problems started in the early 1900ââ¬â¢s most people were serfs that had been freed about 20 years before. In 1914 during World War One, Czar Nicholas II decided to stay in war with Germany despite what the rest of his country thought. Nicholas posed a distraction from the countries problems. His plan was to keep his soldiers minds off of the horrible living conditions of Russia by staying in war with Germany and starting a war with Japan in hope that he would lead his country to a victory; both wars were lost, giving Russian citizens more to be upset about. Russiaââ¬â¢s Army was extremely weak, made mainly of peasants, and the costâ⬠¦show more contentâ⬠¦Marxists would later turn into the communist party. The czar was completed unaware of this discontent until people came to his winter palace to protest, many were killed by the czars soldiers. He created the idea of a parliament, called a Duma, people could vote for the members of this committee. The country had calmed down a little bit after this addition to the government. A few months later, Germany declared war on Russian. With a withered army, Russia suffered a hard loss. Some soldiers for the Russians were so angry with the czar that they switched sides, and fought with the Germans. Nicholas was still oblivious to the threat over his reign. He received a letter from a member of the Duma complaining about the horrible state of the country, but Nicholas thought nothing of it. The czar realized how serious the letter was when everyone in the streets was angry with him. Wanting to keep his life, he abdicated. Nicholas offered the throne to his brother. An intelligent man, he declined the offer. After this, the provisional government took over, with Alexander Kerensky as the prime minister. One of his policies allowed radicals, like Vladimir Lenin to re-enter the country. When Leni n returned to Russia, he organized a group of people, the Marxists, changed their name to the Bolsheviks, and made them into a giant force of communists. Upset with their living conditions, many Russians agreed toShow MoreRelatedThe Russian Revolution Of 19171946 Words à |à 8 Pages The Russian Revolution of 1917 set the country on a course that few other countries took in the 20th century. The shift from the direction of a democratic, parliamentary-style government to a one party communist rule was a drastic change that many did not and could not predict. Looking back on this key moment in Russian history, many historians ask the question ââ¬Ëwhy did the political power in Russia shift to the Bolsheviksââ¬â¢? Since the revolution in 1905 Russia was becoming progressively more democraticRead MoreThe Russian Revolution And The Revolution1844 Words à |à 8 PagesIn 1917 a great revolution would collapse Russiaââ¬â¢s monarchy and extend the color of red throughout the wor ld. During this time, Leon Trotsky and Vladimir Lenin were instrumental in causing the grand collapse of the Russian government and the reformation into a communist state. The Russian revolution changed the world when it happened and I believe it changed the people of Europe after it occurred. The Russian Revolution actually has two important parts to it the February Revolution (March 1917) andRead MoreThe Russian Revolution Of 19171109 Words à |à 5 Pagessole cause of the Russian Revolution of 1917. Even before the outbreak of war, the Russian population were largely dissatisfied with the government under the Tsarist regime. Though the Great War played a role in sparking the Russian Revolution, with much of the unstable faith in the Tsar collapsing in Military Russia, it would be naà ¯ve to discredit the mounting economic and social pressures that contributed to the fall of the Tsarist Regime, and the beginning of the Revolution. Leading up to theRead MoreThe Russian Revolution Of 19171646 Words à |à 7 PagesThe Russian Revolution of 1917 brought with it the fall of 300 years of Romanov rule and marked the beginning of the transition of Tsarism to Communism, from which Lenin established the Union of Soviet Socialist Republics, succeeded by Stalin. The Revolution is worthy of investigation as it is arguably the most significant event of the 20th century, considering that it helped shape many other subsequent events such as the Second World War and the Cold War. The Bolsheviksââ¬â¢ triumph can be accountedRead MoreThe Russian Revolution Of 19171294 Words à |à 6 Pagesliving in discord presumably through political oppression, furthermore, political oppression inspires violence and terrorism. It affects daily residents because theyââ¬â¢re under control of whoever is in charge. Terrorism tears people apart. The Russian Revolution in 1917 started because of the political oppression and ended in a dictat orship because humans are power hungry. It also continues to leave citizens with anxiety and stress and they canââ¬â¢t trust any leaders. Political oppression affects dailyRead MoreThe Russian Revolution And The Revolution1767 Words à |à 8 PagesThe Russian Revolution was a series of two revolutions that consisted of the February Revolution and the October Revolution. The February Revolution of March 8th, 1917 was a revolution targeted and successfully removed Czar Nicholas II from power. The February Revolution first began to take place when strikes and public protests between 1916 and early 1917 started occurring. These strikes were created to protest against and to blame Czar Nicholas II for Russiaââ¬â¢s poor performance in WWI and severeRead MoreThe Russian Revolution Of Russia1823 Words à |à 8 Pageshowever large-scale public riots didn t appear. During the year of 1905, the situation changed. Peopleââ¬â¢s discontent has been accumulated to a critical point; the Tsarââ¬â¢s status seemed to be overturned. What led the Russian people, which was passive and cowardice, started Russian revolution in 190 5? Long term inducement ï ¬ Leadership Since 1613, Russia was ruled by the monarchy, in which only Tsar monopolizes power. Unlike the western democratic societies, there is no legislative constitution whichRead MoreThe Russian Revolution Of 19052394 Words à |à 10 Pages The Russian Revolution of 1905 comes as the late tsarism period. Some of the major causes to the Russian revolution were caused by long-term and short-term effects. Some of these major effects were Russia s rapid industrialization and modernization which had inherent problems. The rise of capitalism led to an increase of inequality between the classes. In addition, the mistakes of the Russo-Japanese war emerged upon the boundaries of the Russian political climate. These series of revolutionaryRead MoreThe Russian Revolution Essay2054 Words à |à 9 PagesThe Russian Revolution Here are some of the causes of the Russian Revolution in March 1917: ~Failures in the War ~The mutiny in the Army ~The Tsarina and Rasputin ~Food Shortages ~Strikes PREFACE: In 1904 The Tsar of Russia (Nicholas II) embarked on a war with Japan, hoping for a quick and glorious victory that would unite the country, decrease support for the Tsars opponents and gain control over Korea and Manchuria. Unfortunately for the Tsar, the Japanese were wellRead MoreCauses Of The Russian Revolution897 Words à |à 4 PagesBetina Velasco Mr. Lira MWH, 6th period October 26, 2014 Causes of the Russian Revolution For three centuries before the revolution, life in Russia was not peaceful. It was cold, hard, and bitter instead. ââ¬Å"The end of serfdom was a major event in Russia; yet it just wasn t enough.â⬠, in 1861. Serfdom, under feudalism, is the the status of peasants in which they are bound to a lord, or master, works on their land, and can be sold like property
Thursday, December 19, 2019
Human Themes Of Homer s The Odyssey - 1261 Words
Human themes that dominate Homerââ¬â¢s The Odyssey is hubris. During his adventure with the Cyclops, Odysseus cleverly blinded the beast with a stake in his eye. He even went as far as saying that his name was Nobody so when the Cyclops would scream in pain and try to get help, nobody would help him for he would say ââ¬Å"Nobody is hurting meâ⬠. However, Odysseus went to far when he escaped by not only yelling out his actual name but saying exactly who he is and where he can be located. I find this quite funny for Odysseus was not obligated to say anything to the beast and if he did, just saying his name ââ¬ËOdysseusââ¬â¢ is enough. But our hero proclaims; ââ¬Å"Cyclops! If anyone asks you who put your eye out...tell [them] that is was Odysseus, Sacker of Cities, son of Laertes, who lives in Ithaca!â⬠If P.O Boxes existed Iââ¬â¢m sure Odysseus would have yelled it out also. Odysseus is a clever hero which I believe to be the source of his victories in battles and in obstacles. For most this would suffice to be labeled as a Hero. However, arrogance, and pride disqualify any man or woman to be honored as a Hero. Humility is so much more heroic and admirable. Even if strength was not evident, true heroism comes with being humble at all times. Especially when victorious. You can tell a lot about a person from the way they act when they lose and even more when they win. It is not easy having sympathy towards the Cyclops, he did lose his only eye in a painful and brutal manner of course. His attackerShow MoreRelatedComparison Between The Odyssey And The Iliad1068 Words à |à 5 Pages In the novel The Odyssey, the author Homer describes an outcry against death; whereas in the Iliad death is portrayed as an accomplishment., Both were in the times that is also known as Before Common Era, or BCE. It is known that Iliad begins 10 years before the great Seige of Troy and eventually the odyssey had begun a couple years after that(Classical Lit). When Homer had written these novels it is clear that they have numerous lines, and Homer had written both. In the novel The IliadRead MoreHistory, Symbolism, and Characters in Homerââ¬â¢s The Odyssey 1118 Words à |à 5 Pages In The Odyssey, it takes Odysseus twenty years to make it home from the Trojan War. On his journey home, he runs into many obstacles and creatures that he must overcome. He encounters the sirens, the Cyclops, and others. Each event in this epic poem has a symbolic meaning behind it. Homer writes about the history, symbolism, and the characters in The Odyssey. The Odyssey is about the Greek gods and heroes and their adventures (Makman). Odysseus is the main character, and he is going on a questRead MoreEssay about The Odyssey - Gender Roles893 Words à |à 4 PagesThe Odyssey is the product of a society in which the dominant role was played by men. In ancient Greece, just as in the whole of the ancient world, and in America and Western Europe until the last century, women occupied a subservient position. Society was organized and directed by men, and all of the most important enterprises were those which men arranged and implemented. Women were valued, but they participated in the affairs of the world only when they had the tacit or open approval and permissionRead MoreO Brother Where Art Thou Character Analysis1694 Words à |à 7 Pagesfilm, O Brother, Where Art Thou?, is loosely based on Homerââ¬â¢s famous Greek epic, The Odyssey, in that certain features in the film resemble those found in Homerââ¬â¢s epic, but the film still re veals its own sense of originality by making it more relatable to the modern world. While The Odyssey is set in Ancient Greece and O Brother, Where Art Thou? is set in the southern part of the United States during the 1930ââ¬â¢s, the works are similar in following a protagonist who encounters setbacks on his journeyRead MoreComparing The Underworld Of Homer And Virgil1744 Words à |à 7 PagesThe Differing Views of the Underworld of Homer and Virgil In both Homerââ¬â¢s Odyssey and Virgilââ¬â¢s Aeneid, the heroes make the dauntless adventure into the underworld. Both of theses visits occur around the middle of the stories, and they bring information about the lives of heroes loved ones. The heroes also get very important information from these loved ones; information that they require to continue on their journeys. However these are not the only things that are similar about the heroes visitsRead MoreThe Odyssey By Homer, An Epic Of Odysseus948 Words à |à 4 Pagescommit. Homer represents this in The Odyssey when Odysseus repeatedly engages in unfaithful acts towards Penelope, in an attempt to mimic Zeus, the king of the gods. The Odyssey, by Homer, an epic of Odysseus 10 year journey to return home to Ithaca after the Trojan War. While Odysseus combats mythical creatures and has to face the unsupporting gods, his wife Penelope and his son Telemachus have to fend off suitors, attempting to take Penelope s hand in marriage, and Ithaca s throne longRead MoreComparing The Iliad And The Odyssey905 Words à |à 4 Pagesessay will identify five traditional epic characteristics that are evident in both the Iliad and the Odyssey. The first epic characteristic evident in both epics is catalogs and genealogies. For instance, Book VIII of the Odyssey features a list of participants in the game (115-125) and the Iliad Book II features a catalog of ships (484-759). Secondly, both epics start in media res. The Odyssey starts ten years after the Trojan War and the Illiad starts nine years after the start of the war. ThirdlyRead MoreEric Moore. Mr. Howell. World Literature Final Draft .1742 Words à |à 7 PagesMoore Mr. Howell World Literature Final Draft 30 March 2017 Themes and Symbolism in The Odyssey In each story, the themes and symbols in them can bring a diverse look on the way the story is interpreted and told. The Odyssey was written by the poet Homer dating all the back to the 8th century. In the Greek epic poem, Homer tells the story of the main character Odysseusââ¬â¢ journey home from the Trojan War. Many themes relating to the human condition are prevalent in the various adventures faced byRead MoreThe Epic Of Gilgamesh And The Odyssey1636 Words à |à 7 Pagesdeath are both lessons that are taught in each poem but they are presented to the reader through different interpretations. In the Epic of Gilgamesh and The Odyssey there are two main characters both viewed as heroic figures in which the develop a greater knowledge of human mankind and immorality. Both the Epic of Gilgamesh and the Odyssey teach valuable lessons such as the pitfalls of temptation. Throughout both of these poems Odysseus and Gilgamesh are faced with overwhelming temptations. OdysseusRead MoreThe Analysis and Comparison of the Themes of Beowulf, The Odyssey and Other Related Epics2553 Words à |à 11 Pagesand The Odyssey are perfect examples of this definition; they are each centered on the deeds and triumphs of their heroes, Beowulf and Odysseus. All epics are similar in a way that they are made up of elements. One major element of the epic is its themes. In all epics, the themes are what make and mold these narrative poems, they descriptively outline the story. Most epics, like Beowulf and The Odyssey, have themes like battles, homecoming, identity, recognition etc. Through themes like these
Wednesday, December 11, 2019
Water Rationing free essay sample
A growing problem in the world today is a shortage of drinking water. Every twenty years, the consumption of water is doubling. The supply of water isnââ¬â¢t renewing at the same rate anymore. The shortage of drinking water is causing a much larger problem. That problem is polluted water. About half of the hospital beds in the world are filled with people with water borne iseases. About three billion people in the world donââ¬â¢t have easy access to a toilet. The result of that is the thousands of kids that die(a day) due to water related problems. I think water shortage and water pollution will be the water problems of the future. In the future, when there will be water shortage( probably because people didnââ¬â¢t find more water resources or a great way to conserve water),people will try some crazy things to find more water. Some people, in areas where there is no easy access to water, go to a beach and dig a hole in the sand to make a place where water will stay. We will write a custom essay sample on Water Rationing or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page They drink the water that appears and get sick. The sand sort of acts like a filter but it does not get rid of harmful bacteria. In the future, conditions will get way worse than they already are if YOU donââ¬â¢t do something about it. Do you want to die because of your foolish decisions?
Tuesday, December 3, 2019
Prohibition The Legislation Of Morality Essays -
Prohibition: The Legislation of Morality During the 1800's and early 1900's through out the United States there was a movement for the end of alcohol. The sole aim and purpose of this body was to stamp out the evils of alcohol. This movement, most commonly called Prohibition, mixed the morals of Christianity and the politics of government. Prohibition did succeed with the ratification of the 18th was, however, a great mistake. This amendment made the common man a criminal, lowered the confidence in the federal government, and started what we now know as organized crime. The 18th amendment was a "noble experiment," but it was a horrible disaster. Prohibition has been supported since the original colonize. Pious Christians wanted to stamp out alcohol and to establish a better society. However many of the colonists, even those who considered themselves devout Christians, were heavy drinkers. "The Puritans who set sail for Massachusetts, they had taken care to carry with them 42 tons of beer (in contrast with 14 tons of water) and 10,000 gallons of wine" (Lee, 15). Many of the early laws or prohibition dealt with the control of excessive drinking. The regulation of liquor consumption was a matter of considerable concern in certain colonies. Thus, for a time, Massachusetts went so far as to prohibit the drinking of alcohol in 1638 (Lee, 19). This law was soon abandoned. Although colonial laws made in clear that drunkards were unwelcome, the diary of a colonial traveler, Sarah Kemble Knight, suggests that such laws were unsuccessful: I could ger no sleep, because of the Clamor of some of the Town Tope-ers in the next room. . . . I heartily fretted and wish't 'am tongue tyed. . . . They kept calling for Tother Gill, Wch while they were swallowing, was some Intermission, But presently, like Oyle to fire, encreased the flame (Miller, Johnson, eds.. 430-431). Persons, such as Sarah Knight, were to become even more outspoken about their concern for the use of spirits. Although the writings of these people were fierce, the time for temperance had not yet arrived. During the 1750's the local ministers throughout the colonies began a crusade against alcohol. On their heels came many pamphlets and a general sentiment that liquor was not something that high society would involve itself with. "John Adams noted in his diary on February 29, 1769 that the taverns were 'becoming the eternal haunt of loose disorderly people. . .'" (Cherrington, 37). At the end of the 18th Century, the temperance movement began to be noticed. In 1784, the Methodist Church took a staunch position against the sale or drinking of alcohol. Prohibition became more and more supported throughout the United States throughout the early 1800's. Eventually, prohibition forces gained enough support to pass laws. In 1847, the first of these was enacted for the state of Maine. A wave of prohibition statues followed. Delaware, on the heels of Maine, passed it's first prohibition law only to have it declared unconstitutional the following year. Similar laws were enacted in Ohio, Illinois, Rhode Island, Minnesota, Massachusetts, Connecticut, Pennsylvania and New York during the next few years. These laws met various fates, including, veto by governors, repeal by the legislature and invalidation by the state supreme courts. (nc2a.htm) Eventually, all of these early prohibition laws were repealed. But supporters took heart and began temperance societies. Many of these spread throughout the United States, including the American Temperance Society, later to become the American Temperance Union, which by 1835 had 8000 local societies. During the 1870 to the early 1900's, several movements started such as feminism, unionism, socialism, and progressivism. In 1874, with the forming of the Women's Christian Temperance Union, feminism became involved in the temperance movement. However, the WCTU was not carrying the burden of reform alone. In 1869, the National Prohibition Party was born. Three years later, the first party ticket was put forth in the presidential campaign of 1872, headed by John Black, who received 5,607 votes for President. Success at the polls ultimately peaked in 1892 when John Dedwell, the Prohibition presidential candidate, received a total of 270,710 votes. The next major organization of the temperance movement was the Anti-Saloon League. The League was to develop the
Wednesday, November 27, 2019
Legt free essay sample
On completion of this week in you should be able to: Explain what is ââ¬Ëunconscionable conductââ¬â¢ within the meaning of the ACL Explain what is meant by ââ¬Ëmisleading or deceptive conductââ¬â¢ in s 18, ACL and identify different types of conduct that might be misleading or deceptive Identify the different types of false representations set out in s 29, ACL Identify defences available for breaches of the consumer protection provisions Suggest possible remedies for breaches of the consumer protection provisions Explain what the law says about ââ¬Ëno refundââ¬â¢ signs Sale of Goods/Product Liability Please note ââ¬â in this unit we are NOT DEALING with: â⬠¢ Sale of Goods â⬠¢ Product Liability Therefore the following paragraphs in Latimer are NOT RELEVANT: à ¶7-011 to à ¶7-215 3 4 Competition and Consumer Act 2010 (Cth) â⬠¢ As discussed last week, the Competition and Consumer Act (ââ¬ËCCAââ¬â¢) is a federal/Commonwealth statute that: Regulates ââ¬ËRESTRICTIVE TRADEââ¬â¢ practices to produce greater competition and efficiency in the market for the benefit of consumers; and Protects the interests of consumers of goods, services and land against ââ¬ËUNFAIR PRACTICESââ¬â¢ â⬠¢ Prior to 1 January 2011, the CCA was known as the Trade Practices Act 1974 (Cth) Australian Consumer Law (ACL) â⬠¢ Consumer law and ââ¬Ëunfair practicesââ¬â¢ dealt with by the Australian Consumer Law â⬠¢ Australia Consumer Law (ACL) is Schedule 2 of the Competition and Consumer Act 2010 (Cth) â⬠¢ In this course we will focus on the following types of conduct: ss 20-22: unconscionable conduct s 18: misleading or deceptive conduct s 29: false representations 5 The Regulator Australian Competition and Consumer Commission (ACCC) â⬠¢ Regulator responsible for administering the CCA â⬠¢ Primary responsibility: to ensure individuals and businesses comply with Commonwealth consumer protection, fair trading and competition/trade practices laws â⬠¢ Until 1995, was the Trade Practices Commission (TPC) â⬠¢ Also see http://www. We will write a custom essay sample on Legt or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page accc. gov. au Australian Consumer Law (ACL) Who is a ââ¬Å"consumerâ⬠? See Latimer at à ¶7-012 â⬠¢ Supply of goods or services â⬠¢ Cost less than $40K: s3(1)(a) â⬠¢ Cost more than $40K and are ââ¬Å"of a kind ordinarily acquired for personal, domestic or household use or consumption: s3(1)(b) 8 Australian Consumer Law (ACL) Note: The ACL implies non-excludable consumer guarantees for the supply of goods and services to ââ¬Å"consumersâ⬠: to be discussed later Australian Consumer Law (ACL) Who is a ââ¬Å"consumerâ⬠? See Latimer at à ¶7-012 â⬠¢ Purchase of goods by a business will be a consumer contract if: goods are personal, domestic or household goods AND not used up in business (eg for re-supply or in the process of manufacture etc) Australian Consumer Law (ACL) â⬠¢ Who is a ââ¬Å"consumerâ⬠? See Latimer at à ¶7-012 â⬠¢ Section 3 asks: whether goods are acquired to be used or consumed (a consumer transaction) OR whether goods are to be used up in a business (a non-consumer transaction) Unconscionable conduct â⬠¢ The unconscionability provisions provide consumers (and small business) with protection from unconscionable (unfair) conduct 12 Unconscionable conduct â⬠¢ Where one party to a transaction is at a disadvantage, because of: age sickness illiteracy financial needs lack of explanation when required language (i. e. on-English speaking) and the other party takes advantage of this for gain Unconscionable conduct Amadioââ¬â¢s case: The plaintiff has to establish: â⬠¢ They were in a position of ââ¬Ëspecial disadvantageââ¬â¢ â⬠¢ That substantially affected their ability to protect themselves â⬠¢ The defendant knew, or ought to have known, of the plaintiffââ¬â¢s disability and not taken advantage of it AND â⬠¢ Actions of defendant wer e unconscionable 13 Unconscionable conduct â⬠¢ Section 20 (ACL): defines unconscionability in general terms ââ¬Å"A person must not, in trade or commerce, engage in conduct that is unconscionableâ⬠¦. Applies the common law principles from Commercial Bank of Australia Ltd v Amadio to business disputes Unconscionable conduct â⬠¢ Section 22 Relative bargaining positions of the parties Did the consumer have to comply with conditions that were not reasonably necessary? Did the consumer understand the documentation? Was there any undue influence, pressure or unfair tactics? Could the consumer have obtained the same goods or services elsewhere â⬠¢ Section 21: prohibits statutory unconscionability in connection with the supply or acquisition of goods or services â⬠¢ Section 22: statutory checklist (see next slide) 15 See Latimer at à ¶5-756) 16 Misleading or deceptive conduct â⬠¢ Section 18 (ACL): ââ¬ËA person shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceiveââ¬â¢ Misleading or deceptive conduct â⬠¢ Section 18 (formerly, s 52): most sued on piece of legislation in Australia â⬠¢ Not restricted in its usage to consumers and can be equally enforced by competitors or suppliers against other competitors or suppliers Section 18 was formerly s 52 of the Trade Practices Act 1974 (Cth) 17 18 Misleading or deceptive conduct and the Financial Services Industry â⬠¢ Misleading or deceptive conduct, misrepresentation and unconscionable conduct in relation to financial services are caught by the Australian Securities and Investments Commission Act 2001 and looked after by the Australian Securities and Investments Commission (ASIC) See Latimer at à ¶7-240 Misleading or deceptive conduct prohibited Section 18 is made up of the following elements: Conduct by a person In the activity of supplying goods or services in trade or commerce; and Who has engaged in misleading or deceptive conduct or conduct that is likely to mislead or deceive 19 20 What is misleading or deceptive? â⬠¢ Conduct is misleading if it will: lead a consumer astray in action or conduct or lead a consumer into making an error Conduct is deceptive if it leads people to believe what is false, if it misleads as to a matter of fact: Weitmann v Katies Ltd, see Latimer at à ¶7-250 The test = question of fact to be determined in context of evidence/facts of each case 21 What is misleading or deceptive? â⬠¢ Courts have formulated the test that a statement is misleading if: it would lead one ordinary member of the public, who is likely to read the statement or be influenced by it into error Case: Taco Company of Australia Inc v Taco Bell Pty Ltd See Latimer at à ¶7-250 â⬠¢ â⬠¢ 22 Relevant section of the public â⬠¢ Who is likely to be misled or deceived by the conduct in question? â⬠¢ Need to identify the class of persons who are prospective purchasers and who are likely to be affected by the conduct â⬠¢ Ask: At whom was the conduct directed? Would those persons have been likely to be led into error by the conduct? Case: Taco Company of Australia Inc v Taco Bell Pty Ltd See Latimer at à ¶7-250 23 Relevant section of the public â⬠¢ Once relevant section of public identified, consider all who come within it â⬠¢ .. the astute and the gullible, the intelligent and the not so intelligent, the well-educated as well as the poorly educated, men and women of various ages pursuing a variety of vocationsâ⬠¦. Case: Taco Company of Australia Inc v Taco Bell Pty Ltd See Latimer at à ¶7-250 4 What is misleading or deceptive? Whether conduct is misleading or deceptive is determined by the court using an objective test of: ââ¬Ëâ⬠¦whether a reasonable person would be misled or deceived. ââ¬â¢ Standard for assessing conduct The standard should be set by reference to that section of the public who is exposed or potentially exposed to the relevant conduct 25 26 Likely to mislead or deceive â⬠¢ Not necessary to pro ve that anyone was actually misled â⬠¢ Need real possibility or not remote chance that someone might be misled Misleading/deceptive conduct What is ââ¬Ëconductââ¬â¢? â⬠¢ Conduct has a broad meaning and includes: Statements of Opinion Broken promises and false predictions Statements that are literally true but which create a false impression Pre-contractual statements Silence BUT: puffery or self-evident exaggeration that are promotional statements in advertising and that cannot be taken literally (eg the juiciest oranges in Qld), will not be taken to infringe s 18 27 28 Silence Silence may be misleading or deceptive: TPC v The Colonial Mutual Life Assurance Society Ltd Silence â⬠¢ Failure to communicate a relevant fact may cause the true representation of another fact to be misleading Abigroup v Peninsula â⬠¢ No general duty of disclosure BUT conduct may be misleading or deceptive if facts give rise to a REASONABLE EXPECTATION OF DISCLOSURE See Latimer at à ¶7-250 â⬠¢ Traditional secretiveness of a bargaining process is NOT a licence to deceive Poseidon Ltd v Adelaide P etroleum NL See Latimer at à ¶7-250 29 Misleading/deceptive conduct What is misleading or deceptive? â⬠¢ Mere confusion or causing uncertainty will not amount to conduct that is misleading or deceptive. â⬠¢ McWilliamââ¬â¢s Wines Pty Ltd v McDonaldââ¬â¢s System of Australia Pty Ltd â⬠¢ Parkdale Custom Built Furniture Pty Ltd v Puxu See Latimer at à ¶7-250 How to avoid acting in breach of s 18 â⬠¢ Comparisons must be ACCURATE â⬠¢ Compare like with like 31 32 Misleading/deceptive conduct Roadmap of s 18 â⬠¢ See Latimer at à ¶7-251 False Representations False Representations: s 29 (ACL) Breach of section 29 will result in either: prosecution by the ACCC for a criminal offence OR the injured party being provided with civil remedies (eg damages). The section prohibits the making of false representations in connection with the promotion and supply of goods and services in 14 subsectionsâ⬠¦. See Latimer at à ¶7-290 to à ¶7-375 33 34 False Representations s 29(1)( a): No false representation about the standard, degree of quality, value, grade, composition, style, model, history or previous use of goods â⬠¢ s 29(1)(b) no false representations regarding services â⬠¢ s 29(1)(c): no false representations that goods are new â⬠¢ s 29(1)(d): no false representations that goods or services have been ordered â⬠¢ s 29(1)(e)/(f): no false representations regarding testimonials relating to goods or services â⬠¢ s 29(1)(g): no false representations about performance characteristics, accessories, uses or benefits of goods or services â⬠¢ s 29(1)(h): no false representations regarding sponsorship, approval or affiliation 35 False Representations â⬠¢ s 29(1)(i): no false representations about the price of goods or services â⬠¢ s 29(1)(j): no false representations about repair facilities or spare parts â⬠¢ s 29(1)(k): no false representations about place of origin â⬠¢ s 29(1)(l): no false representations about the need for any goods or services â⬠¢ s 29(1)(m): no false representations about the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy â⬠¢ S 29(1)(n): no false representations concerning a requirement to pay for a contractual right 36 Other unfair practices Bait advertising ââ¬â s 35, ACL: A person is prohibited from advertising of goods or services at a special price where it does not intend to offer those goods or services for a reasonable period and in a reasonable amount See Latimer at à ¶7-420 No wrongly accepting payment ââ¬â s 36, ACL: Knowing you will not or cannot supply the promised goods/services See Latimer at à ¶7-440 No misleading representations about certain business activities ââ¬â s 37, ACL: A business must not make false or misleading representations about business opportunities See Latimer at à ¶7-450 37 Other unfair practices Referral selling ââ¬â s 49, ACL: A person shall not induce a consumer to acquire goods or services by representing that the consumer will benefit after the contract is made by providing names of prospective customers See Latimer at à ¶7-480 No harassment and coercion ââ¬â s 50, ACL: No use of pressure tactics or physical force/undue harassment or coercion See Latimer at à ¶7-485 38 Other unfair practices Pyramid Selling ââ¬â s 44 to 46, ACL: A trading scheme in which a promoter offers to sell to a participant both the right to sell a particular product or service and the right to introduce others into the scheme in the same way Both the promoter and participants trying to recruit others in the scheme are caught under this section See Latimer at à ¶7-470 Other unfair practices Unsolicited Credit Cards ââ¬â s 39, ACL: Prohibits the sending of unsolicited credit or debit cards to a person unless they were requested See Latimer at à ¶7-460 Unsolicited goods or services ââ¬â ss 43, ACL: Prohibits a business pushing a right to payment for unsolicited goods or services See Latimer at à ¶7-460 39 40 Defences Defences for breach include: reasonable mistake of fact breach caused by a third party or due to some cause beyond the control of the defendant defendant took reasonable precautions and exercised due diligence to avoid contravention publisherââ¬â¢s defence: reliance on information supplied by another person, information/advertisement received in the ordinary course of business and publisher had no reason to suspect that publication would breach the ACL See Latimer at à ¶7-530 41 Enforcement and Remedies The ACL provides that certain breaches of the law are sufficiently serious such that they may be treated as criminal offences, to which criminal sanctions apply See Latimer at à ¶7-510 to à ¶7-540, see especially Table 1 at à ¶7-510 Misleading/deceptive conduct: Remedies Breach of s 18 is not an offence resulting in a criminal penalty: see Latimer, Table 1 at à ¶7-510 â⬠¢ Remedies for breach of s 18 include: injunction damages but the misleading or deceptive conduct must have caused the loss or damage suffered â⬠¢ Enforcement and Remedies Penalties (except for s18): $1 100 000 per offence in case of a corporation $220 000 per offence in case of a natural person Undertakings Substantiation notices Public warning notices Infringement not ices Injunctions Damages Other orders: Varying or refusing to enforce a contract Refund money or return property Specific performance Community service Corrective advertising Compliance programs â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ See Latimer at à ¶7-520 43 44 No refund signs â⬠¢ No need to display signs about refunds â⬠¢ BUT if sign is displayed, need to be sure that it does not mislead consumers about their rights under the ACL For example, cannot claim ââ¬ËNo refundsââ¬â¢, ââ¬ËNo refunds after 7 daysââ¬â¢, Exchange or repair only, or We do not refundââ¬â¢ Signs like these are likely to create the impression that consumers have no right to a refund at all See Latimer at à ¶7-370 No refund signs â⬠¢ Consumers are legally entitled to a refund if the implied guarantees have not been met â⬠¢ See www. accc. gov. au: brochure on Warranty and Refund Obligations 45 Consumer Guarantees when goods are supplied The ACL implies into consumer contracts certain non-excludable conditions and warranties (by retailers/suppliers and manufacturers to consumers): Regarding title and right to dispose of the goods: s 51, ACL Undisturbed possession: s 52, ACL Freedom from undisclosed securities: s 53, ACL Goods are of acceptable quality: s 54, ACL Goods are fit for purpose: s 55, ACL Goods match their description: s 56, ACL Goods match the sample (or the demonstration model): s 57, ACL Repairs and spare parts will be available: s 58, ACL Next lecture â⬠¢ Final lecture: week 12 â⬠¢ Tutorials will continue until week 13 (Note the above are mirrored in State Sale of Goods legislation, NOT studied in this course) See Latimer at à ¶7-035 to à ¶7-100 47 48
Sunday, November 24, 2019
Planting Trees on Bloor Avenue in Downtown Toronto
Planting Trees on Bloor Avenue in Downtown Toronto Summary The report is based on a case study on the tree planting project along the Bloor Avenue in Bloor-Yorkville. It covers the aspects of rezoning this area so as to ensure that it has residential areas as well instead of the usual office apartments and retail stores. This has necessitated the planting of trees in the area. The rezoning of the area is also meant to eliminate throughway passages across the residential areas.Advertising We will write a custom case study sample on Planting Trees on Bloor Avenue in Downtown Toronto specifically for you for only $16.05 $11/page Learn More The report analyses the zoning of the area and looks into the appropriate amendments made on the zoning bylaws. There has been need to amend the Toronto zoning by-laws so as to allow the restructuring of Bloor Avenue. This is supposed to affect the construction of new structures, readjusting the packing zone as well as ensure order in the development of the area. Background W ith the constructions of multipurpose storey buildings that have offices, commercial and residential units, there has been a move to amend the zoning laws so as to ensure that trees are planted on Bloor Avenue. Efforts have been made to allow for larger parking spaces meant to serve the office/commercial units as well as the residential units and increase the size of the pedestriansââ¬â¢ sidewalks. The Site and the Surroundings Bloor-Yorkville is between Church Street and Avenue Road. The area has been divided various section which include; institutional areas, open space areas, apartment neighborhoods and residential neighborhoods, like the Yorkville Triangle. To maintain the forest cover and keep a healthy ecosystem, especially at the residential areas, there has been a push to plant trees on Bloor Avenue. This has particularly been taken up by non-profit making organizations, individuals and the city council. Discussion Bloor Avenue Transformation Project Bloor-Yorkville is am ong the best shopping and entertainment districts in Canada. This was particularly one of the reasons for the Bloor Avenue transformation project. The project was aimed at ensuring that the center has beautiful plane trees in sustainable soil cell systems. This is meant to ensure optimal growth for the trees. The project was also aimed at ensuring wider pedestrian sub-ways and maintaining beautiful seasonal flowerbeds as well as attractive lighting for the trees.Advertising Looking for case study on environmental studies? Let's see if we can help you! Get your first paper with 15% OFF Learn More The transformation has made Bloor Avenue a preferred shopping center for the local and international tourists. This project might have taken more time but the efforts were worth. In the 1990ââ¬â¢s, for instance, there was an advice from the City of Toronto concerning the overhaul of a water system that was serving Bloor-Yorkvilleââ¬â¢s Bloor Street from Church S treet to Avenue road. The corridor was then to be transformed with interesting upgrades. The transformation was done in phases and was completed in 2010. The upgrades made Bloor Avenue to be among the most preferred shopping streets in Canada and hence among the most expensive. Boor Street has some of the most expensive residential units and hotels. It also has one of the largest museums in Toronto, which is at the Bloor and Avenue Road intersection. The transformation project was started with the aim of ensuring wider sidewalks, mature trees, beautiful flower gardens, well lit streets and public artwork. Picturesque gardens and quiet residential units have characterized the suburbs in this area. Construction of Bloor Street implied the conversion of most residential units into commercial units and offices. There has been a significant rise in the prices of these units. Bloor-Yorkville BIA is a non profit making organization which aims at bringing more traffic and investment to the area. It is composed of 700 members and it organizes various events annually so as to ensure that its objectives are met. Due to this, Bloor-Yorkville has continued to blossom as a shopping center. The area has major name brand retailers like Prada and Gucci. The transformation project for Bloor Avenue had been planned for a long time and it commenced in 2008. It was aimed at ensuring that the street is at per with other renowned streets and avenues like Park Avenue in New York and Michigan Avenue in Chicago. The revitalization of the avenue continued at a slow pace due to a number of challenges that were encountered. For instance, there were logistical problems due to the poor infrastructure. At that time, Toronto was grappling with economic difficulties due to the economic recession that was being witnessed across the globe. The expenditure on this project, therefore, met with a lot of opposition from different groups.Advertising We will write a custom case study sample on Planting Trees on Bloor Avenue in Downtown Toronto specifically for you for only $16.05 $11/page Learn More However, the project continued to its completion. By then, trees were planted on the avenue and new flower gardens installed. This turned the old Bloor Avenue into a new beautiful and vibrant area. Upon the completion of this project, besides the announcement, the Bloor-Yorkville BIA organization had to change the perception among the people that the project was a waste of money. A red carpet event was therefore held and the area between the Church Street and Avenue Road was covered with a red carpet. The event was advertised in the media and on the internet and it was a great success. The prime goal of restoring Bloor Avenue to its beauty and glory had been achieved. The transformation of Bloor-Avenue has made Bloor-Yorkville to be among the most attractive areas to the local and international tourists and even those who search for residential units. Parks The area adjacent to the Bloor Avenue has several parks that portray the scenic beauty of the town. A good example is the Village of Yorkville Park. It is composed of unique gardens that were designed with the aim of bringing out the diversity of Bloor-Yorkvilleââ¬â¢s landscape and the wider Canadian region. The park has been well designed with attractive pine trees that grow outside circular benches. It also has well groomed crabapple trees and a waterfall. Its design has resulted in the park receiving recognition as being among the best parks in Toronto. Other parks included the Frank Strollery Parkette, which is an urban park, the Jesse Ketchum Park that has a playing ground and it is next to Jesse Ketchum School. There is also the Town Hall Square which is situated near the Toronto Public Library. It is an urban oasis that has benches and pathways between the well maintained hedges, trees and large pots. Tree Bylaws Even though most trees grow on private property, they are pe rceived as an important part of the urban forest. For this reason, it is upon the Urban Forest Service to nurture and protect them. They are protected by the urban municipal laws. In 2004, the city of Toronto municipality came up with a municipality code that regulates the damaging or removal of trees from private property.Advertising Looking for case study on environmental studies? Let's see if we can help you! Get your first paper with 15% OFF Learn More The code is aimed at protecting the urban forest hence ensuring a healthy ecosystem. To destroy or remove a tree on private property, a person is supposed to acquire a permit from the Urban Forest Service and he/she is expected to pay some application fee. To remove a dead, diseased or a hazardous tree, a permit is not required but a report from an arborist is to be sent to the Urban Forest Service. The zoning bylaws are aimed at ensuring that the area remains within a healthy and attractive environment. They also ensure that the multi-use areas for pedestrians are protected from encroachment and hence are open and easily accessibility. The bylaws were also enacted so as to protect residential areas from intensive commercial projects or developments. They help protect historical artifacts and buildings as well. They are also aimed at ensuring that any developments are in line with the required standards. Conclusion The Bloor-Yorkville is known to be a commercial as well as a residen tial town. It is among the well designed cities in Northern America. This has made it a tourist attraction site. The area has well kept parks that add to the scenic beauty of the town, with a good example being the Village of Yorkville Park. Planting trees along Bloor Avenue has been quite crucial in protecting the residential units. The area has some multipurpose storey buildings that have both the offices/commercial units and residential units especially on the upper floors. The planting of trees on Bloor Avenue has particularly been vital in protecting the pedestrian sidewalks hence ensuring that these sections are not encroached. The transformation project for Bloor Avenue was supposed to ensure that all the construction and development projects are done in accordance with the appropriate set standards. Azure Publishing. Planting Trees on Bloor Avenue in Downtown Toronto. Azure 2 March 2010: 154-156. Print. Hodge, Gerald. The Need for Community Planning. Planning Canadian Comm unitiesà (2007): 3-10. Print. Oberlander, Cornelia. Trees in the city. Oxford: Pergamon Press, 2011. Print. Reed, Frederick. Construction. A Journal for the Architectural, Engineering andà Contracting Interests of Canada (2009): 5-10. Print. Warkentin, John. Creating Memory: A Guide to Outdoor Public Sculpture in Toronto.à Toronto: Becker Associates, 2009. Print.
Thursday, November 21, 2019
Product Design Project Term Paper Example | Topics and Well Written Essays - 2250 words
Product Design Project - Term Paper Example Being a client representative, the project manager provides the consumer with online access to various reports on the project progress, and other documentations so they can follow the progress of a project (Lock, 2007). Introduction Nokia is a global provider of mobile phones whose headquarters are based in Finland which started out as a wood pulp mill in 1856 in Finland (Monaghan, 2013). The company majors in producing mobile cell phones and portable technological devices as well as internet services like games, applications, media, music, messaging and navigation services. Before 2012, Nokia was the largest mobile phone vendor globally but the growing popularity of touchscreen smartphones has reduced its market shares and subsequently fallen from its position of glory. Over the past few years, financial problems have seen the downsizing of its staff and eventually Microsoft purchased the company, although finalization of the deal is still ongoing (Monaghan, 2013). Thesis: discuss t he project management of a design process of a phone in the Nokia Company with detailed view of the schedule and duration as well as the ethical and diversity issues considered in the undertaking of the project. The paper aims to show ways in which the product design process can be modified to improve on the process and the effects of changing the organization of the chronology of the steps of the process. The main challenge of managing a project process is to meet the project objectives within the limitations of time, quality, funding, scope, deliverables and other constraints (Nokes & Kelly, 2007). Project management utilizes the use of a SWOT analysis to address issues in a design process. A SWOT analysis, acronym for strengths, weaknesses, opportunities and threats, is a process that identifies the various strong and weak points of a product, design process or company resulting in an appropriate plan of action (Luo & Design 2004). Method Information was collected by the supervis ors during the scoping of the project through online forums for developers and customers reviews through emails and the company website and SWOT analysis implemented on the data collected. This provided the project management with the necessary work structure required to undertake the various activities in the project effectively. Strengths Nokia is a global company that provides quality service to its consumers and hence attracts quality employees all around the world providing job opportunities and satisfying consumer needs (Haikio, 2002). It invests in producing products that are simple in structure depending on the sale value of the product. This ensures the product is safe from damage of the screen and other delicate parts due to low impact unlike other companiesââ¬â¢ products which are completely vulnerable to damage on low impact. The Symbian technology in Nokia phones is stable and user friendly and when compared to the android platform, Symbian phones are less likely to crash due to software complications. The incorporation of windows mobile by Nokia was also a major step in the improvement of the phone experience of Nokia consumers. The company provides applications from its developers as well as third party developers through its website or through pre-installed applications. For similar market prices with most android phones, Nokia provides better camera capabilities in its products. The company pro
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