Friday, February 14, 2020
Literature Review- Law. topic- Is the UK Parliament still legally sovereign today - Assignment Example British officials claim that the dominant characteristic of the political institutions in the United Kingdom is the sovereignty of the Parliament. The English Constitution has granted the Parliament with the right to formulate laws and ensure their enforcement. The legal sovereignty of the British Parliament is vested in the legislation which contrasts with the federal states where sovereignty is vested in the constitution. 2 The doctrine of British parliamentary sovereignty is portrayed as a myth by certain critics because of the fact that the myth is utilized as a cover to conceal the true nature of British constitutionalism. In reality, the Ã¢â¬Å"collaborative enterpriseÃ¢â¬ engagement between parliament and the courts provides the proof for the division of sovereignty between the British courts and Parliament. Moreover, the foundation of the constitution is thought to be based upon a common law Ã¢â¬Å"principle of legalityÃ¢â¬ . According to the Ã¢â¬Å"principle of legality Ã¢â¬ the ultimate authority to interpret and enforce lies not with the Parliament but with the British courts. Even today, the British constitution seems to be inexorably moving in a direction where it will not have any sovereignty in the near future. According to certain critics the existence of sovereignty of the British parliament is a dubious notion because it never existed and the doctrine of parliamentary sovereignty is nothing more than an illusion. Whereas, some critics justify the existence of parliamentary sovereignty by stating that it is a deviation from the historically venerable constitutional tradition and has a limited existence. Such critics also claim that the vulnerable British constitution is in dire need of restoration which would inevitably provide the ultimate sovereignty that the parliament deserves. On the other hand, most critics today claim that recent developments reveal the fact that the once sovereign British parliament has lost its sovereignty with time. Some critics state that the British Parliament has enjoyed limited sovereignty throughout the history of the UK. They claim that the limited sovereignty is endangered and with time it is becoming increasingly difficult for the parliament to retain its sovereignty. 3 Is Parliamentary Sovereignty an Illusion? According to Philip Joseph the British parliament has never been sovereign and the doctrine of parliamentary sovereignty is a direct result of Ã¢â¬Å"lazy thinkingÃ¢â¬ . In describing the British Parliamentary sovereignty, Philip Joseph states, Ã¢â¬Å"sovereignty implies autocracy but legislative power has never been of this natureÃ¢â¬ 4. The Ã¢â¬Å"perverse legal theoryÃ¢â¬ of Parliamentary sovereignty is regarded by many as a skewed conception of legislative power. This skewed nature of the legislative power is a cover to disguise the non existence of a true constitutional balance between the political and judicial branches of the British government. However, Phili pÃ¢â¬â¢s claims and suggestion have no evidence. The opponents state that it is not true to consider that the parliamentary sovereignty has no existence and they claim that Joseph is unwilling to accept the fact that the power to invalidate the legislation currently lies with the courts. 5 Over the recent years, the sovereignty of the British Parliament has been regarded as out of date and in dire need to restoration. Most critics consider that the issue of the existence of parliamentary sovereignty has been reduced to being mentioned only in the inside pages of
Saturday, February 1, 2020
Reflective - Essay Example However, my far-reaching plans were overshadowed by the terrible news: one day I learned that my mother was diagnosed with breast cancer. My loving parents did not want me to know, yet I learned it accidentally. I just found an abstract of motherÃ¢â¬â¢s medical record when looking for my notebook in the drawer. And I was shell shocked. The feelings were as if a bucket of ice-cold water was poured on me. I understood that she wanted to protect me from worries, but I was adamant about what I needed to do as a loving child. When your dearest person finds herself in the mire, there are no other possible options but staying near and doing your best to help and relieve the personal hell she is going though. Therefore, I decided to postpone my study in the U.S., so that my mom could rely on me anytime during her treatment. I have to admit that giving up my dream was very hard, and so was watching mom going through the painful course of chemotherapy, but I do not regret anything. This experience, though rather p stressful, has produced a profound effect on my life and attitude. Usually, I tended to distance myself from thoughts that some of my dearest people and particularly family members can be possible affected by a serious disease, get into an accident or die. Therefore, hearing about other people die of cancer in the news programs, I often thought: Ã¢â¬Å"Well, that is awful, but fortunately it will never affect me, my parents or my friendsÃ¢â¬ . I remember that when I was at school, I read about Kylie Minogue being diagnosed with breast cancer. Well, I liked this singer and was a little upset, but still I perceived cancer as a distanced and abstract thing. However, when I saw motherÃ¢â¬â¢s weary eyes after a chemotherapy session and understood that cancer can reach anyone, nobody is completely secure even with healthy lifestyle or strong immune
Friday, January 24, 2020
Both Lamb to the Slaughter and The Speckled Band share some characteristics of murder mysteries. What are the similarities and differences between the two stories? I this essay I am going to compare two short stories. 'The Speckled Band' by Sir Arthur Conan-Doyle and 'The Lamb to the Slaughter' by Roald Dahl. There are both many similarities and difference between these two stories. Though some similarities/differences are obvious and easy to spot, there are also some less obvious similarities/differences. The first difference we can see is the setting. 'In Lamb to the Slaughter', the main setting is in a quiet, warm house. 'The room was warm and clean, the curtains drawn, the two table lamps alight - hers and the one by the empty chair opposite.' This description tells us about how the house is appealing to be in. Also, by saying the 'empty chair opposite' you can gather that there is another character in the story, to which she is waiting for. The time period is a post 20th Century America (1954, about 10 years after the Second World War.) However, the main setting in 'The Speckled Band' is the complete opposite. 'The building was of grey, lichen-blotched stone, with a high central portion, and two curving wings, like the claws of a crab, thrown out on each side.' This gives a foreboding atmosphere, which could be used to en-still fear into readers. Another difference is that it is set in 19th Century England. Though both very different, both settings hold a murder to them. Other differences are in the way the characters are depicted. In 'Lamb to the Slaughter' the main character, Mary Maloney, is described as a quiet peaceful person. 'Curiously tranquil eyes with their new placid look, seemed larger, darker than before.' The writer also indicates that she is pregnant, 'for this was her sixth month with child.' With this description, you would not think of Mary to be a 'typical killer'. What people consider a typical killer is someone who is cold, precise and knows what they're doing, usually a man. However we are misled, 'brought it down as hard as she could on the back of his head. She might just have hit him with a steel club.' As you can see, this would not have been expected from a quiet tranquil person. There are no more descriptions of other people. This is strange as you would think that there would be more people in the story. Even though more people come into the story, they are not significant enough to get a description. They are just said to be a 'police detective'.
Thursday, January 16, 2020
Utilitarianism speaks of pleasures, pain, quality, quantity, etcetera. This paper intends to reintroduce the definition, concepts, as well as, ideas provided by the greatest thinkers namely: Jeremy Bentham and John Stuart Mill. It also aims to state the differences between their concepts. Finally, its objective is to mention whose definition/concept/idea with regards to utilitarianism is more plausible. Utilitarianism According to Jeremy Bentham.Jeremy Bentham technically defines Ã¢â¬Å"utilityÃ¢â¬ as Ã¢â¬Å"that property in any object, whereby it ends to produce benefit, advantage, pleasure, good, or happiness or to prevent the happening of mischief, pain, evil, or unhappiness to the party whose interest is consideredÃ¢â¬ (Bentham 1948, p. 126). Jeremy Bentham developed the aforementioned idea on utilitarianism through the following premises: First of all, that Ã¢â¬Å"pleasure, happiness, goodness, benefit, advantage, etceteraÃ¢â¬ are terms that equate to one another (Germi no 1972, pp. 235 Ã¢â¬â 236).Second is that the aforementioned terms in the first are actually measurable, thus, quantifiable as well (Germino 1972, pp. 235 Ã¢â¬â 236). Third, that an act of people, as well as, the government should be based upon the rule that take full advantage of pleasure and decrease pain (Germino 1972, pp. 235 Ã¢â¬â 236). Last but not least, Ã¢â¬Å"it is the greatest happiness of the greatest number that is the measure of right and wrongÃ¢â¬ of human action in every situation, and in particular when governmental action is called for (Germino 1972, pp. 235 Ã¢â¬â 236).Utilitarianism According to John Stuart Mill John Stuart Mill, on the other hand, sees Ã¢â¬Å"utilitarianismÃ¢â¬ as the Ã¢â¬Å"foundation of moralsÃ¢â¬ because it holds that, Ã¢â¬Å"actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happinessÃ¢â¬ (Ebenstein & Ebenstein 1991, p. 580). What does John Stuart Mill mean w hen he mentions happiness and unhappiness, you may ask? Well, happiness he says is similar to pleasure and the non-existence of terrible pain or any kind of pain for that matter (Germino 1972, p.240). Unhappiness for John Stuart Mill, on the other hand, is akin to pain, as well as, the deprivation of enjoyment/pleasure (Germino 1972, p. 240). Differences This is where we see the first difference of his thoughts from that of Jeremy BenthamÃ¢â¬â¢s since at this point, he already rejects first premise, that all those terms aforementioned are all similar to each other or that the quality of pleasure is actually equivalent to each other (Germino 1972, p. 240).Deducing from that idea, if pleasures vary in superiority, as well as, in amount, and if only those men who have experienced the entire assortment of pleasures are capable of reflecting upon and comprehensibly articulating their experience are proficient of judging excellence, then the lawmaker/member of parliament can no longer e stablish/agree on governmental policy on the basis of Ã¢â¬Å"the greatest happiness of the greatest numberÃ¢â¬ (Germino 1972, p. 240). Another difference is that, actually, John Stuart Mill is not focused on Ã¢â¬Å"the greatest happiness of the greatest numberÃ¢â¬ but on the Ã¢â¬Å"greatest happinessÃ¢â¬ alone (Germino 1972, p.240). Ã¢â¬Å"UtilityÃ¢â¬ is still equivalent to pleasure but now there is already an acknowledgment that there are various kinds because of excellence and greatness (Germino 1972, p. 240). Third, John Stuart Mill rejects the thought of Jeremy Bentham, which states that the motivations for humans to act can all be reduced to oneÃ¢â¬â¢s own interest and to his own exploration for the utmost satisfaction (Screpanti & Zamagni 1995, p. 95). John Stuart Mill negates this by saying that a human being may also get pleasure/satisfaction by joining or participating in someone elseÃ¢â¬â¢s happiness (Screpanti & Zamagni 1995, p.95). Simply put, pleasure do es not only result from oneÃ¢â¬â¢s own interest but also from what humankind and harmony is experiencing (Screpanti & Zamagni 1995, p. 95). Last but not least, John Stuart Mill declines the idea of Jeremy Bentham, which reiterates that the individual is the only one capable of judging his or her own interest (Screpanti & Zamagni 1995, p. 95). John Stuart Mill negates this by saying that there are several instances wherein a person needs the intervention/meddling of the government for his own good (Screpanti & Zamagni 1995, p.95). For example, the government should intervene if the issue is with regards to education, employment, social issues like poverty etcetera, since a person is not automatically the best judge of his or her interests as proven by the examples aforementioned (Screpanti & Zamagni 1995, p. 95). The More Plausible Utilitarianism Now that we have seen how Jeremy Bentham and John Stuart Mill define utilitarianism, it is now time to scrutinize what is more plausible, utilitarianism according to Jeremy Bentham or utilitarianism according to John Stuart Mill?If we alter their definition slightly, say, what is functional is high-quality and accordingly the principled value of conduct is Ã¢â¬Å"determined by the utility of its resultsÃ¢â¬ and that the utilitarian tradition sees that the ultimate purpose of honorable action is to reach the Ã¢â¬Å"greatest happiness for the greatest numberÃ¢â¬ (Screpanti & Zamagni 1995, p. 95). If the aforementioned is to become a general rule for our laws then the Ã¢â¬Å"greatest happiness for the greatest numberÃ¢â¬ will certainly be reached (Screpanti & Zamagni 1995, p.95). At this point, we cannot still pinpoint what is more plausible since both Jeremy Bentham and John Stuart Mill upholds that concept. I believe that John Stuart MillÃ¢â¬â¢s utilitarianism is more plausible than that of Jeremy BenthamÃ¢â¬â¢s because of the following reasons: First of all, the premise of Jeremy Bentham that Ã¢â¬Å"plea sure, happiness, goodness, benefit, advantage, etceteraÃ¢â¬ are terms that equate to one another is a little too vague (Germino 1972, pp. 235 Ã¢â¬â 236).It is a little confusing to utilize every term he has given interchangeably; it is as if all these terms have the same weight in terms of magnitude and excellence/superiority (Germino 1972, pp. 235 Ã¢â¬â 236). Second, Jeremy BenthamÃ¢â¬â¢s argument Ã¢â¬Å"it is the greatest happiness of the greatest number that is the measure of right and wrongÃ¢â¬ of human action in every situation, and in particular when governmental action is called for may lead to an unnecessary abuse on the part of the government (Germino 1972, pp. 235 Ã¢â¬â 236).For me, this has flaws since it may be used to make it appear that there is always a need for the government; these parts of his idea should have certain restrictions, for instance, it should be added that, the government may intervene, however, the consent of the populace also should be taken into consideration (Germino 1972, pp. 235 Ã¢â¬â 236). Finally, Jeremy BenthamÃ¢â¬â¢s thinking with regards to an individualÃ¢â¬â¢s motivations for humans to act can all be reduced to oneÃ¢â¬â¢s own interest and to his own exploration for the utmost satisfaction (Screpanti & Zamagni 1995, p. 95).To me, it is a little bizarre since he is like undermining the capabilities of individuals to think of ways on how to make himself attain pleasure (Screpanti & Zamagni 1995, p. 95). References Bentham, J. 1948, An Introduction to the Principles of Morals and Legislation. Blackwell, Oxford. Ebenstein, W. and Ebenstein, A. 1991, Great Political Thinkers: Plato to the President. Harcourt Brace, Forth Worth. Germino, D. 1972, Machiavelli to Marx: Modern Western Political Thought. University of Chicago Press, Chicago. Screpanti, E. & Zamagni, S. 1995, An Outline of the History of Economic Thought. Clarendon Press, Oxford.
Wednesday, January 8, 2020
Sample details Pages: 9 Words: 2701 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Did you like this example? Mutual Trust and Confidence in Contracts of Employment In order to answer this question one must first assess and consider the law relating to the implied duty of mutual trust and confidence in contracts of employment. This concept will need to be examined in accordance with case law and current working practices. The idea of mutual trust and confidence is regarded as an implied term that is placed into the contract of employment. DonÃ¢â¬â¢t waste time! Our writers will create an original "Mutual Trust and Confidence in Contracts of Employment" essay for you Create order It is worth noting that other implied terms exist within a contract of employment. These can be compared and contrasted against the principles of expressed terms. The ideas of an implied terms include the notion of obedience between employer and employee; the duty of co-operation, again between employer and employee; and finally, the duty of fidelity, which is totally influenced by the principles of equity. The idea of the contract of employment is to place both parties to it in a position of bargaining. This is the general principle of contract law and is designed to provide both parties to the contract with mutually beneficial things. It is worth noting though that terms can be implied into contracts of employment when it gives either business efficacy or can objectively viewed by the officious bystander. According to MacKinnon LJ in the case of Shirlaw v Southern Foundries (1926) Ltd, the requirement of inserting an implied term into the contract of employment can be viewed object ively by the officious bystander test. Accordingly, Ã¢â¬Ëany contract is left to be implied and need not be expressed is something so obvious that it goes without saying; so that, if, while the parties were making their bargain, an officious bystander were to suggest some express provision for it in their agreement, they would testily suppress him with a common Ã¢â¬ËOh, of course!. Thus, the usage of an implied term could be objectively viewed in accordance with the principles and nature of the contract. Further, according to Bowen LJs dictum in the case of The Moorcock, an implied term must be Ã¢â¬Ëfounded on presumed intention and upon reason. However, this presumed intention is no longer a requirement and therefore does not need to be present once a contract of employment is constructed. This can be evidenced by the case of Courtaulds Northern Spinning Ltd v Sibson and TGWU. It was held by Slade LJ that any court or tribunal does not have to be satisfied that the parties to the contract of employment would only have agreed upon the term if it was reasonable. This test can be compared and contrasted to that of the business efficacy test. According to Scrutton LJ in the case of Reigate v Union Manufacturing Co Ltd, an alternative test is Ã¢â¬Ënecessary in the business sense to give efficacy to the contract. Thus, it is arguable that the nature of implied terms may not be expressly desired, but nevertheless are necessary for the effectively and efficient running of a business. Lord Steyn described the general implied terms as being Ã¢â¬Ëdefault rules. In terms of the idea of the implied duty of mutual trust and confidence, the law has attempted to imply an enforceable term that binds both employer and employee to co-operate with one another. This is an attempt to try and create a harmony within the working practices. This can be seen by the general statement found by in the case of the Secretary of State for Employment v ASLEF (No 2). In this part icular case the Secretary of State for Employment was given the legal authority, under the Industrial Relations Act of 1971, to order a cooling off period for industrial action where the employees were in breach of their contract of employment. The trade union that was acting for the employees of British Rail, provided that the employees stance of Ã¢â¬Ëwork to rule was not a breach of contract. It was submitted that the employees were following the rule book created by British Rail. Lord Denning, in judgment, identified a potential breach of contract. He held that Ã¢â¬ËIf the employee, with others, takes steps wilfully to disrupt the undertaking, to produce chaos so that it will not run as it should, then each one who is a party to those steps is guilty of a breach of contract. He followed this statement with a Ã¢â¬Ëhomely instance of what he regarded as a breach of contract. Lord Denning provided Ã¢â¬ËSuppose I employ a man to drive me to the station. I know there is suffic ient time, so that I do not tell him to hurry. He drives me at a slower speed than he need, with the deliberate object of making me lose the train, and I do lose it. He may say that he has performed the letter of the contract; he has driven me to the station; but he has wilfully made me lose the train, and that is a breach of contract beyond all doubt. It is clear from this judgment that Lord Denning cited the fact that an employee must not go out of his way to disrupt the overall business management of the employer. However, Lord Denning did disapprove of this notion taking a further step forward, he provided that Ã¢â¬Ëa duty to behave fairly to his employer and do a fair days work, was a step too far. He continued to provide that Ã¢â¬ËA man is not bound positively to do more for his employer than his contract requires. He can withdraw his goodwill if he pleases. Clearly, this duty is regarded as an important consideration in the creation of a contract of employment. The basis of mutual trust and confidence was again defined and examined by Buckley LJ, who stated that Ã¢â¬Ëan employee must serve the employer faithfully with a view to promoting those commercial interests for which he is employed. It is clear from this statement that the implied term of mutual trust and confidence is an important consideration in the construction of a contract of employment. The implied term of mutual trust and confidence has been seen in many different situations. According to the case of Robinson v Crompton Parkinson, an employee who had a totally unblemished work record and was of good standing, was accused of theft. At his criminal trial he was acquitted and he sought an apology from his employer. Subsequently, the apology was refused, and the employee terminated his contract of employment. The Employment Appeal Tribunal stated that an implied duty of mutual trust and confidence could exist in cases such as this, however, they found that such a duty did not exist i n this particular case. However, the Employment Tribunal did find a serious breach of the duty in the case ofÃ Courtaulds Northern Textiles v Andrew. In this case a manager had a row with a foreman of 18 years service, stated that Ã¢â¬ËYou cant do the bloody job anyway. This was regarded due to the clear contexts of the argument and the possible future repercussions for a working relationship. It has also been held to be a breach of trust and confidence in cases such as that of Gardner v Beresford. In this case, the Employment Tribunal held that it was arbitrary to refusal to give a pay rise to one employee when every other employee received one. Equally, it was held in the case of the Post Office v Roberts, that a breach of the implied duty of mutual trust and confidence could exist where a senior officer described an employee as wholly unsuitable for a promotion. The principle of the implied duty was further examined in the case of Malik v the Bank of Credit and Commerce I nternational SA (in liquidation). In this particular case the Bank of Credit and Commerce International collapsed due to fraudulent and corrupt dealings in the past. Subsequently, the employees of the Bank attempted to sue for breach of contract amounting from the breach of mutual trust and confidence, and argued that their reputations were tainted due to their association with the fallen Bank. The House of Lords stated that the duty should be followed in these terms, Ã¢â¬ËÃ¢â¬ ¦Ã¢â¬ ¦the employer shall not, without reasonable and proper cause, conduct itself in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between employer and employee. It is finally worth noting that these cases all demonstrate the fundamental requirement that an employer, as-well-as an employee, must not act in a way which destroys the implied duty of mutual trust and confidence. This was the ruling from the case of Woods v WM Car Services (Peterborough) Ltd. It is worth providing that the concept of mutual trust and confidence is implied into every contract of employment. The consequences of breaching the said term is that the non-breaching party can treat the contract of employment as repudiated. If the non-breaching party is the employee of the company, then they can resign and consequently claim constructive dismissal. The ethos behind breaching the implied duty is seen as a formulation that damages or destroys the working relationship. This responsibility was again examined in the High Court on a point of law. In this case, an independent film company acquired and distributed television programmes. The issues that surrounded this case was were an employee, who joined the company as a director, sold his shares in another company to his present company for almost Ã £2 million. A term in the sale of the shares allowed for restrictive covenants to be inserted into the contract of sale. These provided that the employee was not to work for a competitor for a period of 3 years if he left within the catch period. At a differing period of time, the employee met with a competitor of his present company and was said to have disclosed confidential information to the other company regarding his present company. The employee agreed to join the rival company and stated his ability to bring with him some of the companys projects and hence clients. Subsequence to this the employee gave 6 months contractual notice and sought assistance in obtaining a reduction in the notice period that he was required to give. The company placed the employee on garden leave and sought to enforce the restrictive covenants preventing him from working for a competitor within a said period of time. The existing company informed the press of the employees conduct, who informed the Tribunal that he considered the conduct of the company to be Ã¢â¬Ëpoisonous and an attempt to damage his reputation, and the comments were founded on mere fict ion. The main plank of these allegations included a reference to a Ã £2 million share payment, and quotes such as Ã¢â¬Ëif you take the money you do the bloody job and Ã¢â¬Ëits just so dishonourable. Consequently the employee claimed to have been dismissed constructively. This was denied by the company and the employee reasserted his claim of unfair dismissal and refused to accept remuneration from the company. The company accepted this letter as a repudiation of contract of employment, and treated the employee as having resigned. Subsequently, the company applied for an injunction enforcing the restrictive covenants in the sale agreement. The employee counterclaimed on the basis of constructive dismissal. It was held by the court that in assessing whether there has been a breach of the implied duty of mutual trust and confidence, the impact of the employers behaviour on the employee and not their intention was the relevant consideration. Further, the court held that whether rep resentations made to others could form the basis of a claim of constructive dismissal depended on whether the employer had reasonable and proper cause to make the representations and whether the representations themselves were reasonable and proper. The trial judge further held that in referring to the Ã £2 million payout reported in the press, whilst remaining confidential, were not damaging to the employee per se. Likewise the reference to the non-compete clause in the share sale agreement was factual and thus not damaging to the employees reputation. However, the court did believe that one newspaper interview constituted a serious attack on the employees character and, whether true or not, constituted conduct beyond what was reasonable and proper, which was designed to destroy the employment relationship between the parties. It is arguable from the above facts that the trial judge was prepared to accept the standing of the duty of mutual trust and confidence. However, the judge found that the employee could not rely on the employers breach of the implied term of mutual trust and confidence. The judge further held that the employees actions at the meeting with the rival company constituted a prior breach of the implied duty of mutual trust and confidence by the employee. Accordingly, the judge held that the employees employment ceased by reason of dismissal and the company were entitled to dismiss him without further notice. The 3 year restriction on working with a rival company was upheld. The judge provided a guide in allowing employers to deal with senior employees by providing that the Ã¢â¬Ëfact that a public statement is true may provide a defence to a defamation claim, but it will not necessarily protect an employer against a constructive dismissal claim. What matters is whether the representations were reasonable and proper and were calculated or likely to destroy the relationship of trust and confidence. Further that Ã¢â¬ËWhilst representations to others by the employer can be the basis of a claim, discussions between the Board of Directors cannot. The Board is the Ã¢â¬Ëcontrolling mind of the Company and representations between Directors, said the judge, are Ã¢â¬Ëmerely equivalent to the Company thinking aloud to itself. The judge continued that, Ã¢â¬ËIt is not yet the law that an employer is prohibited from thinking even negative and unworthy thoughts about an employee on his payroll. Thus, the implied duty of mutual trust and confidence is something that is bound by and regarded at the highest level of administration. It is worth noting that certain websites that identify the nature of mutual trust and confidence provide that Ã¢â¬Ë You and your employer owe each other a duty not to act in a way that is likely to destroy or seriously damage the relationship of trust and confidence between employer and employee. This is often called Ã¢â¬Ëthe term of mutual trust and confidence. This is a term which is implied by the law into every contract of employment. The range of conduct that may breach the term is broad. Subjecting an employee to serious verbal abuse, allowing an employee to be sexually harassed by colleagues, seriously undermining the authority of a manager and imposing disciplinary sanctions without any kind of disciplinary procedure have all been held to breach the term. The term may be breached by a failure to act as well as a positive action, for example where an employer gives a benefit to all its employees except one. If your employer breaches the implied term of trust and confidence, this may constitute a fundamental breach of your contract. This will entitle you to resign and treat yourself as c onstructively dismissed. Thus, the implied duty of mutual trust and confidence is seen as a factor that is vital ingredient in the construction of the employment contract. In conclusion, mutual trust and confidence is an important implied term in the contract of employment. It allows for a happy working practice to be achieved between employer and employee. It is a mutually binding obligation, that imposes a positive obligation upon both parties to the contract of employment. Without such an implied term, either the employer or employee would be permitted to act in a way that is not necessarily in strict accordance with the spirit of the contract. The contract of employment is designed to be a fluid substance that allows for mutually beneficial occurrences. Bibliography Textbook on Labour Law, 7th Edition by Simon Honeyball John Bowers, published by Oxford University Press in 2002. Employment Law, 5th Edition by Gwyneth Pitt, published by Thomson Sweet Maxwell in 2004. Bowers on Employment Law, 6th Edition by John Bowers, published by Oxford University Press in 2002. Selwyns Law of Employment, 11th Edition by N. M Selwyn, published by Butterworths in 2000.
Tuesday, December 31, 2019
The switch to clean energy in the United States and around the world is a difficult necessity that must be met within the subsequent five to six decades. The prolonged use of damaging fossil fuels and other unsustainable forms of energy are greatly damaging the planet. These sources of non-renewable energy are bound to run out in the following century. Millions of square kilometers of Arctic ice has melted so far, the sea level is rising, and the CO2 levels present in the atmosphere are drastically increasing (Chang). The transition to renewable energy must be met; however, this is not a process possible to achieve overnight. This change will require an extensive amount of resources and time but will reap many benefits to the users of this growing technology. Renewable energy is energy that comes from any natural process and can be quickly regenerated. Some of the most common forms of clean energy include solar energy, wind energy, and hydroelectricity. 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The fossil fuels (Oil, Coal, and Natural Gas) which is the main sources of the worldÃ¢â¬â¢s energy sources have negative natural emissionsRead MoreRenewable Energy And The Global Warming1542 Words Ã |Ã 7 Pagesdo so unless we switch to renewable energy, to help fight and prevent the effects of using fossil fuels. Many people will say that we need to switch to renewable energy and that our planet is suffering from global warming, while others will say that global climate change is a natural occurring event that does not to be worried about. Many people in the modern generation have grown up with a big emphasis on how we need to change our dail y habits in order to protect the world and preserve the life onRead MoreMarket Report : The Market Analysis Of A Foreign Market1554 Words Ã |Ã 7 Pagesexamine the potential of the country to attract foreign investors. The country chosen for this analysis is Canada. Canada is located in the North America. This is the second-largest country in the world with respect to the land area. Canada shares its border in the southern part with the United States. Canada has an environment, which is quite welcoming for any type of business, and it has awarded to be second best as a country to perform business activities (Arriaga et al.). This country has shownRead MoreEnergy: What is Micro Hydro Power1098 Words Ã |Ã 4 PagesMicro hydro power is a concept that has over the years been adopted as an alternative energy supply for communities whose access to a national grid is limited by a factor or two. In fact, hydro power is one of the oldest sources of energy used by the human civilization. It has been used for hundreds of years to turn waterwheels for the purpose of sawing logs, grinding grains, and the manufacture of cloths. From the last century, large scale hydro power plants have been used mainly for the generationRead MoreUse Of Conventional Fuels ( Coal And Oil ) For The Production Of Energy1669 Words Ã |Ã 7 PagesThe use of conventional fuels (coal and oil) for the production of energy has caused detrimental effects on the planet with the emissions of greenhouse gases. Switching most of, but hopefully entirely, the worldÃ¢â¬â¢s population to alternative renewable energy is the only way to save Earth from the decline of the ozone layer. The ozone layer blocks UV radiation that causes many health problems for people and animals, but the ozone layer also aids in the regulation of the planets normal homeostasis. WithoutRead MoreThe Issue Of The Green Movement1342 Words Ã |Ã 6 Pagespopulation centers in the world, and the rising sea levels will cause a mass emigration from the coast towards the inland. There is not enough space to house that amount of people and farmland will have to be sacrificed to make houses. The sea levels rising is caused by the North and South poles melting (Harvey). Scientists agree that the global temperature needs to stay within 2 degrees Celsius of its historic levels or it may be our last chance to avoid the deadly effects of climate change (Harvey)Read MoreRenewable Resources1344 Words Ã |Ã 6 PagesMeyer 1 Steven Meyer Mr. Lowery English 11, Section 2542-02 24 November 2008 Renewable Resources Has the time come for the world to give up on what itÃ¢â¬â¢s relied on the most, fossil fuels? Ã¢â¬Å"Oil fuels the modern world. No other substance can equal the enormous impact which the use of oil has had on so many people, so rapidly, in so many ways, and in so many places around the worldÃ¢â¬ (Duplar 1). There are facts showing that fossil fuels are damaging the environment, peopleÃ¢â¬â¢s health
Sunday, December 22, 2019
The play Ã¢â¬Å"The Tragedy of Othello, the Moor of VeniceÃ¢â¬ by William Shakespeare is often listed among the greatest stories of tragedies which explores numerous controversial topics including Inter-racial marriage, racism, jealousy and revenge. While the titular character Othello is the protagonist of the story and definitely does occupy a large part of the play, the real focus of the play is on the Ã¢â¬ËingenuousÃ¢â¬â¢ Iago who makes everyone dance on his fingers and successfully manipulates them. The Ã¢â¬Å"HonestÃ¢â¬ Iago is someone who genuinely hates the moor. There have been numerous people who have disliked Othello, but none like Iago. Iago swears he will break Othello. He swears he will bring about the fall of Othello. During moments where Iago reflects on his actions he convinces himself he has a cause of action based on 3 ideas. Namely, the rumor of his wife sleeping with Othello, the selection of Cassio based solely on favoritism and just plain jealousy. Whi le an average person just might confront Othello about a rumor of this kind, Iago slyly manages to destroy OthelloÃ¢â¬â¢s life through lies and manipulation. Iago sees his actions as legitimate and necessary and believes what he is doing is reasonable. But even though, throughout the play, everyone adores Iago for his loyalty and honesty, it is only in the end where his true nature is revealed and he is disclosed to be responsible not only for killing his own wife, but also for almost murdering Cassio and successfully manipulatingShow MoreRelatedThe Tragedy Of Othello By William Shakespeare757 Words Ã |Ã 4 Pages The Tragedy of Othello by William Shakespeare William Shakespeare uses many literary devices to enhance and provide greater complexity in his works. More specifically, the theme, symbolism, and dramatic irony are used to enrich ShakespeareÃ¢â¬â¢s The Tragedy of Othello. The plot is definitely engaging but the theme allows for an universal human correspondence, furthering the depth of the authorÃ¢â¬â¢s message. The element of symbolism contributes to the theme of ShakespeareÃ¢â¬â¢s tragedy. Symbolism expressesRead MoreThe Tragedy Of Othello By William Shakespeare938 Words Ã |Ã 4 PagesÃ¢â¬Å"The Tragedy of OthelloÃ¢â¬ is commonly considered one of Shakespeare s greatest tragedies and one of his finest works. In this play we see many literary devices at work. Several of these devices are involved in IagoÃ¢â¬â¢s deceitful plot against Othello that creates much suspense for the duration of the play. In Ã¢â¬Å"The Tragedy of Othello,Ã¢â¬ William Shakespeare uses symbolism, irony, and tone to create this classic drama . Symbols are central to understanding Ã¢â¬Å"OthelloÃ¢â¬ as a play. There are two significantRead MoreThe Tragedy Of Othello By William Shakespeare Essay1537 Words Ã |Ã 7 PagesDrake Usher Ms. Zamanis Honors English II March 18, 2016 Othello Essay Ã¢â¬Å"The Tragedy of Othello,Ã¢â¬ by William Shakespeare, is about the tragic downfall of a once great man named Othello by the manipulation of Iago, the antagonist of the story. However, a deeper meaning of Othello could be Ã¢â¬Å"[It] is a tragedy of incomprehension, not at the level on intrigue but at the deepest level of human dealings. No one in Othello come to understand himself or anyone else.Ã¢â¬ It is debated on whether or not this isRead MoreThe Tragedy Of Othello By William Shakespeare1737 Words Ã |Ã 7 PagesThe Tragedy of Othello the: Moor of Venice was written by William Shakespeare, and it is only one of countless notable plays he wrote. A reoccurring theme in Othello is jealousy brought on usually by deception; throughout the play people often hide their true intentions and are not always what they appear to be like W.H Auden said Ã¢â¬Å"There s always another story. There s more than meets the eye.Ã¢â¬ The relationships Iago built on manipulation, lies, and false promises were a crucial part of the play;Read MoreThe Tragedy Of Othello By William Shakespeare1141 Words Ã |Ã 5 Pages2 Hr 16 December 2014 Othello Essay The Tragedy of Othello The renowned play of Othello was written by William Shakespeare in the 17th century. The drama follows the life of Othello, a well-respected and admired Venetian general, and the lie he gets tangled up in. Othello is deceived by his Ã¢â¬Å"trustworthyÃ¢â¬ friend, Iago, who confidently convinces Othello that his honest wife, Desdemona, committed infidelity upon him with his honorable lieutenant, Cassio. At the start, Othello doesnÃ¢â¬â¢t quite believe IagoRead MoreThe Tragedy Of Othello By William Shakespeare Essay1418 Words Ã |Ã 6 Pagesentertainment through their literature since the first known published work. However, for many centuries the writer has also been seen to have a diagnostic function, scrutinizing the ills of their society and portraying them for the world to see. William Shakespeare, 1564-1616, was an English playwright, poet and actor, widely regarded as the greatest writer in the English language and the world s most distinguished dramatist. His surviving wo rks, including some collaborations, consist of about 38 playsRead MoreThe Tragedy Of Othello By William Shakespeare998 Words Ã |Ã 4 Pages The Tragedy of Othello: The Moor of Venice is William ShakespeareÃ¢â¬â¢s play, written around sixteen hundreds. The Tragedy of Othello is not just a story of jealousy; this is a tragedy of the clash of two worlds. One of them is a world of absolute cynic, manipulate or Iago; the second world is the world of all the other characters in the tragedy, including, possibly, even Othello. Even though both of the main male characters, Iago and Othello, are murderers, they have different types of charactersRead MoreThe Tragedy Of Othello By William Shakespeare864 Words Ã |Ã 4 PagesIn the play The Tragedy of Othello, The Moor of Venice by William Shakespeare, Emilia is portrayed as a women who doesnÃ¢â¬â¢t have enough self-confidence. She does many awful misdeeds to please her husband, and hopes that he will give her some affection. She just want to make her husband happy. Emilia betrayed her lady Desdemona, because Lago asked for her handkerchief for a while and since she just dropp ed it, suddenly, Emilia thought that this was her opportunity to quickly grab it and make LagoRead MoreThe Tragedy Of Othello By William Shakespeare1133 Words Ã |Ã 5 PagesThe Tragedy of Othello, the Moor of Venice, is a play written by William Shakespeare between 1601 and 1604 in England. Shakespeare is a legendary author, poet, and play writer. He has wrote many plays like Romeo and Juliet, Hamlet, Macbeth, and King Lear Othello is about a black general by the name of Othello who is desperately in love with a young woman named Desdemona. They marry and attempt to build a life together, even though Othello is way older than she is, heÃ¢â¬â¢s black, and did not come fromRead MoreThe Tragedy Of William Shakespeare s Othello959 Words Ã |Ã 4 Pagesthey have to deal with. According to dictionary.com, a struggle is defined as, Ã¢â¬Å"a forceful/violent attempt or effort to get free from restraint or contritionÃ¢â¬ . Some of these personal struggles are more pronounced than othe r. From Othello, the tragedy by William Shakespeare, we can see how humans are faced with individual contentions, and their daily actions are ways and efforts of trying to free themselves. In the discussion below we consider OthelloÃ¢â¬â¢s struggle with being different, gullibility, timidity
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