Costa Rican Dress Free Essays

Costa Rican clothes are similar to most Central and South American countries. There clothes were developed by the Climate of Costa Rica. Costa Rica Clothing today is separated into two groups traditional cultural clothes and modern clothing. We will write a custom essay sample on Costa Rican Dress or any similar topic only for you Order Now Costa Rican traditional dress is used for traditional practices. Most of the cultural dress has layers. This is because of the climate of Costa Rica. You never know when it is going to rain because of its varied climate. Traditional dress is only worn on special occasion such as when they dance. Both women and men have different style of traditional clothing. Usually the clothes are the colors of the Costa Rican flag which are red, blue , and white. Mens dress is very simple but elegant. Mens traditional costume usually have a few different things. The pants are a solid color which usually is blue or tan. They usually wear a white button down shirt. Then around the waist they wear a red cummerbund which is like a sash. Around the neck of the man they would wear a kerchief tied around it. Then on their head they would wear a â€Å"chonete† which is a traditional type of Costa Rican hat. A Chonete is like a straw cowboy hat. Usually men in Costa Rica will not really wear shorts on a day to day basis but only to the beach despite the tropical weather of Costa Rica. Today in the fields Men still wear the traditional dress. Women’s traditional dress has a few important characteristics. The dresses are usually tailored in a special style. All traditional dresses have thick ruffles that start at the shoulders and go out all the way down the dress. The dresses have no sleeves to cover the arms. They are usually the colors red,blue,and yellow. Another type of Costa Rica dress has a long ruffled skirt. This is usually made in shinny colored fabric. A white shirt is usually worn and a red cummerbund connects the dress at the waist. To top off all these wonderful dresses a flower is usually placed in the ear of the women. How to cite Costa Rican Dress, Papers

Regulatory and Legislative Protections †Free Samples to Students

Question: Discuss about the Regulatory and Legislative Protections. Answer: Introduction: It is noteworthy to mention here that from the period of 1787-1820 was governed by the autocratic rule of the New South Wales by the governors appointed in London[1]. In this regard, it can be observed that the timeline of the development of legal independence of the legislative framework of Australia started from 1787 in which Arthur Phillip was commissioned to initiate the establishment and govern the newly formed British colony of the New South Wales in 1788[2]. The governors of New South Wales were at the obligation to put into effect the statutes and common laws of England. With the advent of five single men and two families who has been recognized as the first free settlers in 1793 there developed signs of changes[3]. As a result of it, the number of free settlers increased considerably and therefore the demand for democratic changes arose. Similarly, with the evolution of future government system, the first court of justice developed in Australia in 1797. The Second Charter of Justice for New South Wales was stabled in 1814 which significantly defined the structure of civil court system. It was argued by jurists that the application of new provisions were required which has to be consistent with the English laws to the extent permitted by the colony[4]. Due to this reason disagreement arose among the settlers. The governors were acting outside their authorities in England and in New South Wales which created conflict with the existing English laws[5]. Therefore, the nature of the legislation can be referred to as colonial. The 1850s was considered to be a golden decade in the history of Australian government. It was observed that in 1850 the Imperial Parliament passed the Australian Colonies Government Act which enhanced the creation of independent self-governing colonies. Such self-governing bodies had their Legislative Councils situated in the model of New South Wales- South Australia, Tasmania and Victoria. In recent era, the three self-governing colonies are not a part of New South Wales. However, this affected the population status of New South Wales with the separation of the three distinct self-governing bodies. The period of 1850-1870s marked the end of the period of representative government under the patronage of the Governor and the Legislative Council. In 1856, the New Parliament and Executive Council developed in New South Wales which comprised of new and qualified legislative assemblies. In addition to this it can be observed that with the establishment of the responsible government in 18 56 it proved to be beneficial for the liberal democratic government however; the right to equal vote and election were not developed. The landowners were only entitled to cast votes which changed with the advent of the Electoral Reform Act the power of right to vote was entrusted to all the individuals of New South Wales. It was observed that in spite the right to vote was vested with the individuals by 1858 few members could afford voting rights as they were not paid until the beginning of 1880s. It is true that the electoral candidates required money for election campaigns however; no such political development took place to meet the expenses of the electoral members. It can be observed that during 1865 the British laws could be amended and repealed by the Colonies of Australia. In this regard, the Colonial Laws Validity Act came into being which were still under the bondage of British statutes and provisions which were efficiently applied to the Australian Colonies. During the period from 1850s to 1890s both the Houses of Parliament expanded over time and thereby new appointments were made for the purpose of meeting the upcoming requirements[6]. However, the Australian Colonies were fast developing and in this regard the economic development marked a turning phase in the history of Australia with the evolution of Gold Rushes[7]. The advent of Gold Rushes significantly changed the economic and social condition of the Australian Colonies. The Legislature addressed effectively to the requirements of the Australian Colonies. From the very beginning New South Wales has been regarded as a Free Trade State which rose to predomination during 1880s and 18 90s[8]. As a result of the existence of Free Trade Policy, goods were easily imported into New South Wales without any obstacles. Therefore, local industries could easily compete with international enterprises within an open market. During the period of 1850s-1890s, the social structure of the Australian Colonies has also undergone major changes[9]. It was expected on the part of the government authorities to focus on public services such as railways, water supplies and custom duties. However, the government authorities were reluctant to assure changes in areas relating to public security and health. With the evolution of liberal legislation in New South Wales the faction system was put to an end[10]. Various attempts were made during 1890s to 1930s regarding the abolition and reconstruction of the Legislative Council. In this regard, the liberal government identified the conservative nature of the Legislative Council. The motive of the Legislative Council was not to act in the best interests of the individuals and the government. Therefore there developed fear and uncertainty on the part of the conservative governments regarding the hostile nature of the Legislative Council which could lead to the pathway of abolition from 1864 to 1934[11]. However, the acts of the Legislative Council were less controversial in nature and the actions were applied in case of monetary matters of the elected Houses. In spite of various reforms several attempts were constantly rejecting for the reconstruction of the Legislative Council by 1900. Therefore Legislative Council during such period performed specific roles in consideration of the Lower House which included the investigation of social and p olitical issues. Much opposition was raised by the members of the Council regarding its abolition as they argued that it was a matter of labor party policy. Therefore the members of the Upper House did not agree with such abolition. Thereafter in 1922, the Upper House was abolished by an action of the Labor Government in Queensland. In the later part of 1929, a new section of 7A was included in the Constitutional Act under the patronage of the Nationalist Party Premier[12]. According to the Section, no bill can be presented to abolish the Legislative Council until a royal assent is received by both the Houses with an approval at a referendum. In New South Wales, if the majority of the electors agree to the proposal then only a referendum is held. During 1930 the return of the Labour Party was marked under the patronage of J.T. Lang. It was observed that Lang made several attempts for the abolition of the Legislative Council. Therefore, a bill was secured by Lang by involving both the Houses for the purpose of abolishing the Council. However, he failed in his attempt in addressing the provisions of Section 7A and therefore his attempt to abolish the Council was held to be illegal by the High Court and the Privy Council. With the dismissal of the proposal of Lang concerns were raised regarding the role of the Legislative Council in the political development of the State. It is worth stating that the nature of the indirect method of the election was supported as they were concerned that there could be rivalry between the Council and the Assembly. Lastly, the reconstruction of the Legislative Council was fulfilled on April 1934 which being independent could not create favourable influence over the monetary policy of the governmen t[13]. The period between 1934 and 1980 it was observed that the elected governments were confronted with the presence of antagonistic Council. In 1977, a Bill was introduced by the Wran Labour Government to reform the Upper House however; such bill was not passed by the Legislative Council[14]. Thereafter, the Bill was again re-introduced after two months. Therefore, proposals were made regarding the amendments to the Bill that was finally passed by both the Houses. After the amended Bill was presented to the public for further approval at e referendum held on June, 1978. Lastly, as a result of the act of the Greiner Liberal-National Party Government at a referendum held in 1991 there was a reduction in the number of the members of both the Houses. During this period, the governor, lieutenant governor and the judge was authorized by the First Charter of Justice with the power to proceed with the establishment of a criminal court. The governor was entrusted with the power of appointing and dismissing magistrates. In this regard, civil and military officers were appointed who possessed similar powers to those of the magistrates. Such civil and military officers were at the authority to imprison individuals regarding minor criminal cases. However, the First Charter of Justice also established the court of civil jurisdiction for the purpose of hearing and deciding cases related to property and contracts[15]. During this period DArcy was declared at the first paid magistrate. Prior to this, the powers and duties of the magistrates were confined to other positions. In 1821, court houses were established exceeding an amount of 300 in New South Wales. After 1830, the payment of the magistrates was commonly practiced. However from the period of 1820 and 1850, the legal system of Australia developed. Previously, it was governed by the principles of common law of England. It was observed that the legal structure of Australia was formulated on the basis of the British legal system as a result of the emergence of the European settlers in Australia. In this regard, the permission of setting up Australian colonies was granted by the British legal system and thereafter the establishment of legal system was initiated in Australia. The creation of central government was initiated by Australia and as a result of it the Constitution of Australia came into being which marked the beginning of an independent legal system in Australia. From the very beginning the legal system of Australia has been considered as the most important common law system of the world. However, the essentials of the Australian legal system are deep rooted in the English Colonial rule. The common law system in Australia proved to be insignificant as a result of the development of adversarial justice system. In the opinion of the Australian Law Reform Commission, 1999, the adversarial system can be referred to as the common law system which has been applied in the court proceedings of different countries[16]. Therefore it was argued that it would have been beneficial for Australia develop a system of civil justice system of its own free from the influence of the English common law. It is evident from the history of Australia that republicanism forms a major part of it. It was observed that with the formation of the convict colony in New South Wales by the British Empire, the Australians could not declare their independence. During this period it was observed that John Dunmore Lang hared his opinion regarding the formation of a new federation in Australia. In his perspective, the new federation shall emerge as a republic and as a result of it the Australians could extend their territories over the neighbouring islands of the South-West Pacific. During the emergence of gold rushes during 1850s the republicanism emerged from time to time in Victoria. In this regard, it was observed that the republic of Victoria was proclaimed when rebellions raised the Southern Cross flag[17]. Until 1950, Republican Party was not formed to contest against the elections of Australia. However, the influence of the British Empire proved to be beneficial for the Australian colonies as a source of defence and investment. The legal system of Australia was adopted from the English Legal system as it was a colony under the British Empire. Due to this reason the laws of Australia are greatly influenced by international laws. It can be stated that the influence of international laws on the Australian legal system has been reflected in multinational conventions and treaties. However, when Australia was under the reign of Great Britain, the colonies of Australia were granted limited self-governance. As a result of this the colonies of Australia initiated the formation of an independent court of their own by formulating their own set of laws. The colonies are vested with a right to amend or repeal any provisions. Therefore with passing years, Australia finally evolved in a new way by building an independent structure of Australian law with separate judiciary and legislature. It can be observed that Australia after its independence from Great Britain emerged as a federal state. During the period of Federation Movement various national conventions were gained by Australia and thereafter the Commonwealth of Australia Constitution Act was passed in 1900 by the government of British[18]. The jurisdiction of Australia comprises of Federal and State, Criminal and Civil, Original and Appellate. However, the Courts established under the state laws are regarded as State Courts. The Courts under the Commonwealth laws in Australia are regarded as Federal Courts. It can be rightly stated that Australia after its independence from United Kingdom has the power to make laws of its own. During this period, attempts were made by the representatives regarding the formulation of a central government for the country. Therefore, representatives of the six colonies which included New South Wales, South Australia, Tasmania, Queensland, Western Australia and Victoria conducted a series of conventions in 1890s. Thereafter, for the purpose of approving the draft constitution a referendum was held in each colony. The Australian Constitution came into force on 1 January 1901 which was passed by the British Parliament[19]. With the formulation of the Australian Constitution in 1901 market the beginning of an independent legal system of Australia which comprises a major part of the Australian government. As a result of the federation of the independent colonies the Commonwealth of Australia came into being. With the establishment of the Commonwealth in Australia the government system of Australia is referred to as the federal system[20]. It is noteworthy to mention here that, und er the federal structure of the government the power is entrusted to both the federal government and the state government. Therefore, in this way power ids divided between two different structures of the government which are depicted in the Commonwealth of Australia Constitution Act 1900. In this regard, it can be stated that the individuals of Australia are subjected to follow both the federal laws and the state or territorial laws. The Colonial Laws Validity Act 28 and 29 Vic c 63 was in the beginning a UK Act termed as the Colonial Laws Validity Act 28 and 29 Vic c 63 (UK). However the Act was thereafter renamed as the Colonial Laws Validity Act 1865 when the Act was first published under the Legislation Act 2001[21]. In this regard, it is worth stating that the Colonial Laws Validity Act 1865 was applied to the individual states of Australia until in 1986 the Australia Act 1986 came into force. The Colonial Laws Validity Act was approved on 29 June 1865. The Colonial Laws Validity Act was passed with an intention to remove existing confusion about the legality of the colonial laws. However, the legality and effect of the existing laws of the Colonies of Australia. In this context, it can be stated that after evaluating the existing complexities in the legislature and the executive it was confirmed by the British Parliament that the existing statutes are valid and efficient. The Act came into effect in New Sou th Wales before 1st January 1911 and continued to apply its force as proposed by the Seat of Government Acceptance Act 1909[22]. In this regard, it is noteworthy to mention here that from the very beginning the purpose of the Colonial Validity Act was excluding any inconsistency existing between the colonial and the British legislation. Therefore, the Act provided importance to the concept of colonial legislation by stating that the purpose of the Act was to have effect within the colonies however; it shall not contradict any Act of the Parliament in relation to the powers extending beyond the boundaries of United Kingdom. It is worth mentioning that the Act has rightly clarified and strengthened the positioning of the colonial legislatures. In this regard, it can be stated that before the Colonial Validity 28 and 29 Vic c 63 came into effect most of the colonial statutes was obstructed by the local judges as they were inconsistent with the English laws[23]. The judges were of the v iew that the English laws passed by the Parliament proved to be inefficient within the colony. It is evident that the government in South Australia has gone through this particular issue where the judges have restrained certain local statutes on various occasions. However, the Colonial Laws Validity Act 28 and 29 Vic c 63 remained in force for a long time and thereby proved to be beneficial in defining the relationship between the Acts of Parliament and the laws passed in autonomous British territories. The Colonial Laws Validity Act 28 and 29 Vic c 63 was also efficient in defining the legitimacy of the decisions given by the territorial legislatures and government authorities. In this regard, it can be mentioned that the Parliament of the United Kingdom was at the authority to amend the Colonial Laws Validity Act 28 and 29 Vic c 63 (UK) however; after the Act was renamed the Parliament lost such authority. The Statute of Westminster was adopted by Australia in 1942 with the establishment of the Statute of Westminster Adoption Act 1942[24]. However, the Statute of Westminster came into force immediately in countries of Canada, South Africa and Irish Free State. It was observed that the Statute of Westminster was adopted by most of the countries however it was not adopted by Newfoundland in spite of financial depreciation as a result of the Great Depression. However, the Colonial Laws Validity Act continued to strive in Newfoundland. Traditionally, the Statute of Westminster Act of 1931 is an act passed by the Parliament of the United Kingdom which has been modified and amended which acts as domestic law within the countries of Australia and Canada[25]. The Statute of Westminster Act was passed on 11th December 1931 which came into force immediately with the establishment of legislative independence of the self-governing territories of the British Empire. It is evident that the territori es of the British Empire need the approval of the Parliament regarding changes to monarchical titles and common lines of succession. Therefore the Statute of Westminster acted as a statutory framework of the principles of equality and common allegiance that has been depicted in the Balfour Declaration of 1926. In this regard, the importance of the Statute of Westminster of 1931 can be emphasized. The Statute of Westminster significantly recognized the evolution of the self-governing Dominions into autonomous states. In this regard, it is noteworthy to mention here that Dominions included countries like Australia, South Africa, Canada, Newfoundland, New Zealand and Irish Free State by the end of 1930s[26]. The importance of the Statute of Westminster arose during the American War of Independence which was a major turning point in the history of British Empire. In this regard, it can be stated that the Statute of Westminster contributed enormously towards the advances of the Dominions. In the perspective of historians, the Statute of Westminster came into force in order to put an end to the chapter of Commonwealth history. It is evident that the Commonwealth has attained the status of self-government and self-determination from the very beginning however; no questions were raised on the vali dity of such attainment till date. Therefore, the Statute of Westminster made the Dominions free from the legal bondage of the British Empire except Australia and New Zealand. In this regard, the British Empire cannot nullify the laws of the Dominions in future and therefore the Dominions are at the authority to formulate extra-territorial laws of their own[27]. Therefore, the British laws are no longer applicable to the Dominions. However, Canada has the authority to formulate legal provisions of its own except the Dominions which amended the British North America Act. In this regard, it is worth noting that since time immemorial, the Statute of Westminster occupies significant position in the histories of Canada, Australia, New Zealand and South Africa[28]. The Statute of Westminster acted as a legal instrument in eliminating the power of the British Empire on the Dominions. Therefore, as a result of it the Dominions were able to establish themselves as autonomous states. References: Albert, Richard. "Constitutional amendment by constitutional desuetude."The American Journal of Comparative Law62.3 (2014): 641-686. Asimow, Michael. "Five models of administrative adjudication."The American Journal of Comparative Law63.1 (2015): 3-32. Buchanan, John, Dominic Heesang Chai, and Simon Deakin. "Empirical analysis of legal institutions and institutional change: multiple-methods approaches and their application to corporate governance research."Journal of Institutional Economics10.1 (2014): 1-20. Clark, David. "Cautious Constitutionalism: Commonwealth Legislative Independence and the Statute of Westminster 1931-1942."Macquarie LJ16 (2016): 41. Davis, Kevin E., and Mariana Mota Prado. "Law, Regulation and Development."Development: Ideas and Experience(2014). Flynn, Asher, et al. "Legal aid and access to legal representation: Redefining the right to a fair trial."Melb. UL Rev.40 (2016): 207. Gordon, Michael. "The UK's Sovereignty Situation: Brexit, Bewilderment and Beyond."King's Law Journal27.3 (2016): 333-343. Guerriero, Carmine. "Endogenous legal traditions and economic outcomes."Journal of Comparative Economics44.2 (2016): 416-433. Gummow, William. "The Australian constitution and the end of empire-a century of legal history."Law Context: A Socio-Legal J.33 (2015): 74. Hayo, Bernd, and Stefan Voigt. "Mapping Constitutionally Safeguarded Judicial IndependenceA Global Survey."Journal of Empirical Legal Studies11.1 (2014): 159-195. Hillmer, Norman, and Philippe Lagass. "Parliament will decide: An interplay of politics and principle."International Journal71.2 (2016): 328-337. Kendrick, Maria. "A Question of Sovereignty: Tax and the Brexit Referendum."King's Law Journal27.3 (2016): 366-374. Klabbers, Jan. "The emergence of functionalism in international institutional law: colonial inspirations."European Journal of International Law25.3 (2014): 645-675. Lee, David. "States rights and Australias adoption of the statute of Westminster, 19311942."History Australia13.2 (2016): 258-274. Marchetti, Elena, and Janet Ransley. "Applying the critical Lens to judicial Officers and Legal Practitioners involved in sentencing Indigenous Offenders: Will anyone or anything do."UNSWLJ37 (2014): 1. Marchetti, Elena, and Janet Ransley. "Applying the critical Lens to judicial Officers and Legal Practitioners involved in sentencing Indigenous Offenders: Will anyone or anything do."UNSWLJ37 (2014): 1. McCorkindale, Christopher. "Scotland and Brexit: The state of the union and the union state."King's Law Journal27.3 (2016): 354-365. McMillan, Mark, and Cosima McRae. "Law, Identity and Dispossessionthe Half-Caste Act of 1886 and Contemporary Legal Definitions of Indigeneity in Australia."Indigenous Communities and Settler Colonialism. Palgrave Macmillan, London, 2015. 233-244. Meagher, Dan. "The principle of legality as clear statement rule: significance and problems."Sydney L. Rev.36 (2014): 413. Nepal, Rabindra, Flavio Menezes, and Tooraj Jamasb. "Network regulation and regulatory institutional reform: Revisiting the case of Australia."Energy Policy73 (2014): 259-268. Newman, Warren J. "Some Observation on the Queen, the Crown, the Constitution, and the Courts."Rev. Const. Stud.22 (2017): 55. Patience, Allan. "The Two Streams of Australia's Middle Power Imagining and their Sources."Australian Journal of Politics History60.3 (2014): 449-465. Preston, Brian J. "Characteristics of successful environmental courts and tribunals."Journal of Environmental law26.3 (2014): 365-393. Roach Anleu, Sharyn, and Kathy Mack. "Judicial performance and experiences of judicial work: Findings from socio-legal research." (2014). Short, Damien.Reconciliation and colonial power: Indigenous rights in Australia. Routledge, 2016. Thomson, Lorraine, Morag McArthur, and Peter Camilleri. "Is it fair'? Representation of children, young people and parents in an adversarial court system."Child Family Social Work22.S2 (2017): 23-32. Wardle, Jonathan Jon, et al. "Regulatory and legislative protections for consumers in complementary medicine: lessons from Australian policy and legal developments."European Journal of Integrative Medicine6.4 (2014): 423-433. Zwart, Melissa de, Sal Humphreys, and Beatrix Van Dissel. "Surveillance, big data and democracy: Lessons for Australia from the US and UK."UNSWLJ37 (2014): 713.

Consumer Law Australia Negligence- MyAssignmenthelp.com

Question: Discuss about theConsumer Law Australiafor Tort of Negligence. Answer: Tort of Negligence Australian Consumer law is considered as the single law that is applied equally in all the states and territories. It is the most important consumer protection law in the country. This law is considered to be very important for the fair trading practices, protecting the consumers, regulating the trade practices and to regulate certain business. The liability of the defective products also called as the product liability is shared contract, tort and statute law. Tort is considered as the breach of the contract. The product liability and combination of the tort, contract and statute law provides the protection to the consumers from the retain sellers and to the consumers from the manufacturers. All the primary goods manufacturers and producers, as well as the importers are recognized under Australian Consumer Law. The Samsung Galaxy Note7 displayed the fault in the design and failure of the manufacturing process. Under the Australian Consume Act, a very rigorous and detailed product sa fety law applies. This law includes the provision for the product safety and product related services[1]. According to the product safety law the protection agencies that are included are the Commonwealth, state and territory. These provide consumer protection and are responsible for applying product safety law in Australia. The company has to comply with the mandatory standards under the product safety law and supplying the goods that do not comply with the mandatory standards are considered as offence[2]. Samsung has also failed to comply with the mandatory standards of the product safety. The suppliers of the product are also outlined under the national product safety framework. If the product of the company will cause or have caused any injury or damage then according to the mandatory requirement of the product safety law requires that the product should be recalled. If any product or service is found to display a safety risk or it has been found to be non compliant with the mandatory standard, it can be immediately recalled[3]. The manufacturer and distributors of the Samsung Galaxy Note7, under the product safety law have to provide the replacement of the product. The consumers, who have received the replacement, are entitled to choose the exchange or the full refund of their purchase[4]. According to the Statutory Guarantees that Samsung provides under the Australian Consumer law states that consumers are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage[5]. Australian law has been derived from the English Common law. Negligence is also considered under the tort. Law of tort has been developed under the common law. Also, according to Tortious obligations that are fixed by the law without any formal contract, Samsung was responsible for not complying with the mandatory standards to ensure the safety of the consumers. According to the section 54 under the Australian consumer law, a person supplying goods or products to the consumers have to comply with the defined guarantees under ACL. Under this section the acceptable quality of the goods means free from defects (s54c), safe (d) and durable (e). Also, according to the section 138 the manufacturer has the liability of loss and damage that the consumer if the goods have the safety defect (s138(1b). Under s138 (2), The individual may recover, by action against the manufacturer, the amount of the loss or damage suffered by the individual.[6] Therefore, the consumer in Australia can take significant actions against the Samsung Galaxy Note7 manufacturers Rights of Consumers The Australian Consumer Law has been established as the single national law which is related to the consumer protection and fair trading. This law imposes the statutory obligations on the manufacturers and suppliers of the goods in terms of product safety, product liability and also quality guarantees. According to The Australian Consumer Law (2012), Part 3-5 of the ACL is based on the EC Directive on Defective Products, 1985 and mirrors the old Part VA of the TPA except that it now refers to a person rather than a corporation.[7] Under the part 3 of the ACL the legislation provide the definitions or the key concepts associated with the manufacturers, consumers, goods or consumer goods. According to it a consumer is someone, who consumes the goods made by manufacturers and sold by distributors or retailers[8]. Under this part, all the explanations inform that what are the consumers and manufacturers under the law and how they are connected to each other. This part provides the rights to the consumers for acquiring goods and services. The misleading and deceptive conduct has been prohibiting by the Australian consumer law. The remedies for such conducts include compensation, injunction to prevent such conduct. According to the part 3-5 of ACL a person has the right to apply to the court for the damages, so that their loss could be compensated. According to the part 3 can recover the amount of loss and damage and under the provision of the liability and guarantee of the safety; consumers can sue to Samsung manufacturers and distributors. Part 3-5 informs about the Liability of manufacturers for goods with safety defects[9]. Both the parts of the ACL contains an in built right of the consumers to compensation. Australian consumer law has provided the quality standards for the acceptable quality of the products. For that acceptable quality the products are required to be durable, safe, free from defects, acceptable in appearance and should also be fit for the purpose[10]. Pt 3-5 are subjected to the Part VIB of the Competition and Consumer Act 2010 that imposes the limit on the injury damages for the economic and non-economic losses. Smasung has provided the consumer guarantee, but in the case of Samsung Galaxy Note7 the guarantee of the product being safe does not comply with the standards of consumer guarantee. Therefore, they can sue and damages can be recovered against them by the consumers. However, the scope the damages are very limited, yet the person affected has the rights to sue such manufacturers and distributors[11]. Limiting the Extent The tort of negligence and the ACL has given many rights to the consumers to claim their damages from the manufacturers and distributors. A good is considered to have the safety defect, if the safety of goods is not as expected in the general way. But, for the safety defect, the product is required to be unsafe and not just of poor quality. The goods can also be harmful, not because of the safety defect, but because of their inherent nature. The term of contract is not void under the section 64 just because it limits the liability of the person[12]. It also includes that whether the buyer knew or ought reasonably to know the existence or extent of the harm. The caps that can limit that above possible ACL liabilities could be that the defense can state that at the time of supply no defect was there (s142(a)(iii))[13]. The caps can also include that at the time of the supply of the goods by the manufacturers, the scientific and technological knowledge was not highly enable in terms of discovering the safety defect (s142(c)). If the finished good displayed the safety defect, then such defect may have arise because the design of the other goods at the time assembling and because of the act of omission of the manufacturer. According to the s148(1), the defence could also state that commonwealth of the liability of the goods that are defective, are mainly due to the compliance with the Common wealth Mandatory standards[14] The manufacturer or the defence can also claim that no safety defect was found in the products at the time of manufacturing or supply, which can limit the extent of the possible claims of the plaintiff against damage claims. With the support of the section 106 in Australian Commercial Law, the defence can also state that goods were not supplied under the trade and law and such goods are not required to comply with the safety standards[15]. The defence can also state that goods or the service do not comply with the safety standard if the person suffering from the loss has done the rreasonably foreseeable use (or misuse) of the consumer goods. Though, the consumer rights under the Australian consumer safety has been well defines, there is also the scope for the defense to explain their part. The manufacturer can state that refunds are only guaranteed for the customers, who have brought the product directly from the manufacturer and not from the retailer[16]. Bibliography Competition and Consumer Act. (2010). Retrieved from: https://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html#_Toc476304965 Product Safety Australia. (2016). Retrieved from: https://www.productsafety.gov.au/recall/samsung-electronics-australia-pty-ltd-samsung-galaxy-note7 Samsung recalling 51,060 phones. (2016). Retrieved from: https://www.choice.com.au/electronics-and-technology/phones/mobile-phones/articles/samsung-galaxy-note7-recall-amid-burn-concerns The Australian Consumer Law. (2013). A framework overview. Commonwealth of Australia. Retrieved from: https://consumerlaw.gov.au/files/2015/06/ACL_framework_overview.pdf The Australian Consumer Law. (2012). An essential guide for product manufacturers and suppliers. Retrieved from: www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/.../12-021abookmarked.pdf Your Rights Under the Australian Consumer Law. (2017). Retrieved from: https://www.samsung.com/au/australian-consumer-law/

My First Experience with Prostitute Essays

My First Experience with Prostitute Essays My First Experience with Prostitute Essay My First Experience with Prostitute Essay I had been at a concert in San Francisco when I found myself out of cigarettes, an affliction I suffered perhaps every other day, my habit being less severe than those that had taken the lives of so many people I’d known. My friend and I had met at the theater, and we had split up after the performance, so I was alone in my truck when she approached me. My new pack was in my hands, and I was fiddling with the wrapper when she appeared, silhouetted against the bright lights of the corner liquor store. She said, â€Å"Hey, handsome, do you want a date? † She was a pretty black woman of about 30, but her eyes were distant, as if she too had recently satisfied an addiction. My first thought was heroin. My second thought was of my girlfriend safe and warm in my bed. I took the plastic wrap off of my fresh pack. She had no way of knowing who I was, or that I worked as a psychologist at a mother and children’s drug treatment facility in Oakland. Only a few nights before, I had stayed late and listened to the story of Patrice, one of my adult clients: how her daughter had recently turned six, and how this was bringing up issues for her, as six was the age at which her own mother’s boyfriend had started sexually abusing her. Patrice had explained how she didn’t want to be like her mother, who had sometimes been in the same bed when the abuse took place, doing nothing, and how little bits and pieces of long-repressed memory were returning to her, seeing in her daughter a young an innocent version of herself. My client was always laughing and joking around, and this was the first time I’d seen her cry. I said, â€Å"No, I have to get home. † The woman lingered at my open window, and I looked again at her face. She was attractive, and quietly wasted at first, but then she started to get fidgety, which made me feel a little nervous as well. My motor was running, but I didn’t pull away. I wondered who this young woman was, and what she had done before she took up her current profession. I knew that some of my adult clients had been telephone operators, receptionists, and even drug counselors before their habits took them to the street. About 70% had sold their bodies for drug money while in their addictions. Patrice was very bright, but had been relatively young when she took to the streets. The emotions she had processed the other night were deep, and sometimes conflicting. Not only did she want to protect her daughter from what had happened to her, but she also felt jealous of her daughter: jealous that her daughter could be six years old in a mother and children’s drug treatment program where she was protected from abuse. And then she felt guilty about feeling jealous of her daughter. And she was mad at her mother, wishing that her mother, also an addict, could have found a program like the one at which she was a resident, and I a counselor. The woman said, â€Å"Well then, hey, could you just drive me a couple of blocks down the street? I just gotta get a couple of blocks down the street. † She was getting more antsy, and this made me a bit fearful, but I was surprised by the thought that went through my head. My fear was not that this young woman would have a weapon, and try to mug me, nor was it that some large â€Å"pimp† would emerge from the darkness and hassle me. It was that the police would suddenly emerge from nowhere and arrest me. Arrest me for what? I hadn’t offered her any money, and I hadn’t invited her into my car. But I was still afraid. And then I suddenly smiled at the irony: How funny it was that a part of my job was to help former prostitutes and drug dealers learn to lead the â€Å"straight† life, yet I was more fearful of entrapment by the police than of a prostitute and the unsavory company that might surround her. A couple of frivolous traffic stops over a ten year period had been enough to undermine y feeling of safety around Officers of the Law. She said, â€Å"Come on, Baby, just a couple of blocks down the street. † I had noticed at work that many of the women I worked with were good in the area of sales. They could keep you involved in a conversation, or convince you to give them a privilege that the rules did not allow, with great skill. In fact, in counselors meetings we had spoken of the im portance of helping our adult clients â€Å"sublimate† their sales skills into what we considered legitimate work. And there I was, mostly a prisoner of my own thoughts, but also of her persistence, actually contemplating giving her a ride. I said, â€Å"No, I really got to get across the bridge. † And at that point I gave her a look, I remember, of something like disbelief, as if to say, â€Å"What the hell are we doing out here having this conversation? And who are you, really? † I remember feeling kind of choked up, and like I wanted to tell her who I was, and what I did for a living. And then her face softened, and she smiled, though just for a couple of seconds. She knew in that moment that I wasn’t a potential John, and I think she knew that I didn’t judge her either. When she said, â€Å"Just a couple of blocks? † there was no conviction in her voice. â€Å"I’m just looking for a date,† sort of trailed off into the night. I pulled a cigarette out of my pack but I didn’t offer her one. I suppose I was putting my boundaries back up. I said, â€Å"I hope you find a man who treats you right tonight,† and I looked her straight in the face because I meant it. Then I threw the truck into first and pulled off. On the bridge, the Bay Bridge which takes me back to the East Bay, I wondered if I’d see her in our Program one day, or if she’d wind up dead, or just keep on doing what’s she’s doing. At work the next day, I wanted to mention my experience to Partice, but I did not, as it is not appropriate to discuss our personal lives with clients. This all happened about three years ago. Last I heard, Patrice was still clean and sober, had a good job, and her daughter was doing well. As for the prostitute, I don’t think I’d recognize her if I saw her today.

Simple Éviter (to Avoid) Conjugations in French

Simple Éviter (to Avoid) Conjugations in French In French,  Ãƒ ©viter  is the verb that means to avoid. When you want to say avoided, avoiding, or will avoid, the verb needs to be conjugated. This can be a challenge with some words, but à ©viter  is a little easier because it follows a standard pattern. Conjugating the French Verb Éviter Éviter  is  a  regular -ER verb. It follows the same verb conjugation pattern as other verbs such as  emprunter  (to borrow) and  durer  (to last). This is the most common pattern in the French language. As you learn more of these conjugations, each new one gets a little easier. The simplest conjugations transform the verb into the present, future, or imperfect past tense. Unlike English where the -ed and -ing endings apply to all subjects, the French verb endings change with each subject pronoun as well as each tense. Use the table to study the various forms of  Ãƒ ©viter  and practice them in context. Simply pair the subject pronoun with the appropriate tense: I avoid is jà ©vite and we will avoid is nous à ©viterons. Subject Present Future Imperfect j vite viterai vitais tu vites viteras vitais il vite vitera vitait nous vitons viterons vitions vous vitez viterez vitiez ils vitent viteront vitaient The Present Participle of Éviter The verb stem of  Ãƒ ©viter  is  Ãƒ ©vit-. We can add -ant  to that and create the  present participle  Ãƒ ©vitant. This is very useful because it can be an adjective, gerund, or noun as well as a verb. The Past Participle and Passà © Composà © A  common way to form the past tense avoided in French is with the  passà © composà ©. To do this, conjugate the  auxiliary verb  avoir  to fit the subject pronoun, then attach the past participle  Ãƒ ©vità ©. For instance, I avoided is jai à ©vità © and we avoided is nous avons à ©vità ©. More Simple  Ãƒâ€°viter  Conjugations Among these simple conjugations of  Ãƒ ©viter, concentrate and practice the verb forms above before moving on. The following conjugations are used less often, but they are useful as you improve your profiecency. For example, the subjunctive verb form can be used when the verbs action is subjective. Likewise, if the verb is dependent on condition   if  this happens,  then  this will happen use the conditional verb form. The passà © simple and imperfect subjunctive are found most often in writing. Subject Subjunctive Conditional Pass Simple Imperfect Subjunctive j vite viterais vitai vitasse tu vites viterais vitas vitasses il vite viterait vita vitt nous vitions viterions vitmes vitassions vous vitiez viteriez vittes vitassiez ils vitent viteraient vitrent vitassiez The imperative verb form is used for exclamations, requests, and demands. When using it, keep things short and sweet and drop the subject pronoun: use à ©vite rather than tu à ©vite. Imperative (tu) vite (nous) vitons (vous) vitez

Ginevra de Benci by Leonardo da Vinci Essay Example | Topics and Well Written Essays - 500 words

Ginevra de Benci by Leonardo da Vinci - Essay Example The medium used for painting the piece is oil on wood measuring 42.7 by 37 cm (National Gallery of Art, 2015). The female portrait is Ginevra de’ Benci, a 17 years old who during her era is an intellectual. The background of the painting depicts the ‘leonardesque’ style of trees, mountains, and hazy sky with a dreamlike atmosphere. The artist did the effect of hazy sky through an overlay of oil glazes, hence creating a thin curtain of mist. On the portrait’s reverse side, is a design of a chaplet palm and laurel, which encircles a juniper spring with an inscription of Beauty Adorns Virtue in English but it is in Latin, Virtutem Forma Decorat (National Gallery of Art (2015). The juniper could have meant chastity while the palm represented moral virtue of Ginevra. The portrait depicts a female figure with a marble-like skin while the hair is styled in ringlets putting a face that portrays a sulky and proud facial expression. This could be illustrating that Gi nevra might not have been happy with the upcoming marriage. The portrait has been argued by historians to have been commissioned as an engagement portrait for celebrating her marriage. According to National Gallery of Art, it was commissioned by Bembo, a friend of Ginevra, for celebrating the occasion of her marriage as well as a substitute for the object of his admiration and esteem (2015). Human values are depicted in the painting in the approaching marriage of Ginevra to Niccolini. Human values are standards, principles.

Making Friends & Making Them Count by Em Griffin Term Paper

Making Friends & Making Them Count by Em Griffin - Term Paper Example According to Em, â€Å"Friendship is an art†, and the book analyzes the shape of the art. (Griffin, 7-10). The book mainly focuses on the communication aspects required within a relationship. However, it also explains the basic necessities of understanding and maintaining a friendship. Synopsis of the Story: Em Griffin started his book with his views on the interpersonal communication describing it as a â€Å"process of creating unique shared meaning† (Griffin, 13). He took examples of certain games and illustrated them to make the readers understand the importance of communication, and how it is related to a friendship between two persons. Bowling, ping pong, and charades were used by him to compare the communication process in these games and in relationships. He compared the bowling game with communication in the way a ball is delivered by a bowler which passes through a lane and strikes the audience, quite similar to the process by which a sender delivers his messag e which passes through a communication channel and reaches the receiver. Em took ping pong as another example to explain how it takes two people to complete a communication process, like the way the game needs â€Å"two to play†. ... Thus Em used logical examples with the help of games to explain the importance of interpersonal communication. (Griffin, 13-16). Em also described the process of interpersonal communication through ten rules which are: (Griffin 1) â€Å"Interpersonal communication is a process†, (Griffin 2) â€Å"Interpersonal communication starts with the self†, (Griffin 3) â€Å"The chances for effective communication increase as people become aware of their motives for getting together†, (Griffin 4) â€Å"People communicate to reduce uncertainty†, (Griffin 5) â€Å"Words don’t mean things, people mean things†, (Griffin 6) â€Å"You cannot not communicate†, (Griffin 7) â€Å"Without identification, there is no communication†, (Griffin 8) â€Å"To reveal oneself openly and honestly takes the rawest kind of courage†, (Griffin 9) â€Å"Communication is irreversible and unrepeatable†, and (10) â€Å"Communication=Content+Relationshi p†. (Griffin, 18-22). Em stressed on the communication aspect because communication is the most vital factor in any interpersonal relationship. In relationships like friendships, ineffective communication may destroy a relation. On the other hand, according to Em, effective communication, following the above mentioned ten rules may not only build strong relation but also maintain them. Thus, through the ten rules as mentioned above, Em tried to explain that interpersonal communication is a process which encompasses an â€Å"ongoing transaction†. When the transfer and getting of messages occur simultaneously, effective communication occurs. According to Em, interpersonal communication starts with the self because some people have a â€Å"self-concept† which may be an overestimated image and may affect the actions he takes, hurting relationships. When