Saturday, May 16, 2020
The Dangers Of School Shootings - 769 Words
The Dangers of School Shootings Teens these days suffer through a lot sometimes and this leads to them doing dangerous things like shooting up schools. School shootings have affected the schools attendance and test scores around where past shootings have happened(215 School Shootings in America Since 2013). They could happen at any time and at any school depending on if kids bring their gun(s) to school or not. School shootings are highly dangerous because of the way that they are increasing and how they are making schools get more security, but now researchers are starting to see why school shootings are happening. The number of school shootings is increasing every day. Since 2013 there have been over 200 school shootings inâ⬠¦show more contentâ⬠¦That was said on the idea and purpose of code red drills. These drills and procedures are helping, but even with the increased security, there were around 50 school shootings in just 2015 alone (Code Red: Schools Prepare for the Wo rst with Shooter Drills). By studying the past shootings, researchers have learned why teens and adults shoot up schools and how these shootings happen. Most of the shootings were attacks on someone (ââ¬Å"215 School Shootings in America Since 2013â⬠). That most likely means that the teen shooting up the school was bullied before and trying to shoot the bully. Shooters also sometimes tell their peers their plan(Newman). If the peers are smart enough to know that bringing a gun to shoot up the school then they should tell the principal or a teacher what their friendââ¬â¢s plan is. They should tell even if they are scared about maybe losing the friendship because saving a school is more important than keeping one friendship. When kids bring their gun(s) to school and pull the trigger it gives them a sense of power(Devore 13). Kids are lonely and want comfort(ââ¬Å"School Shootings: Not about Guns, its about Lonelinessâ⬠). Many people have learned why school shootings h appen, but the way the occurrences of school shootings is rising and the higher security that schools are having to get are ways that show that school shootings areShow MoreRelatedChaos On Campus : A College Student Life935 Words à |à 4 Pagesenough for them, imagine if the law allowed students to carry around a gun while going to college, things would go to crazy to a disaster in a matter of minutes. Everyone attending college, such as students, teachers, administers, etc. will be in danger. After all, it doesnââ¬â¢t take much for a person to snap considering theyââ¬â¢re under pressure or can be in a drunken state of mind at a party when things go wrong. Some argue, for example, David Burnett, thinks that allowing guns onto campus can put studentsRead MoreSchool Shootings Are Becoming More And More Prevalent924 Words à |à 4 PagesSchool shootings are defined as being a mass shooting which involves a gun attack on an educational institution. The first known shooting in the United States happened during the 1700s. Four Lenape American Indians entered a schoolhouse near present-day Greencastle, Pennsylvania. The schoolmaster, Enoch Brown, was shot and killed along with several other children in which only two survived. There have been hundreds of shootings since, and more specifically there have been at least 156 school shootingsRead MoreThe Mental Illness Of Depression1510 Words à |à 7 Pagesdisorder is a combination of schizophrenia and mood disorder (depression or mania) and if this disorder goes untreated it can lead to living a lonely life and having trouble finding or keeping a job and most likely attending school. This diso rder also leads to school mass shooting because of how lonely and how much hatred they feel towards themselves and everybody else. A study shows that 3 out of 4 people with mental illness react violent but in todayââ¬â¢s society mental illness isnââ¬â¢t necessarily whatRead MoreCollege Campus Safety1471 Words à |à 6 Pageshead: COLLEGE CAMPUS SAFETY amp; SHOOTINGS College Campuses Safety and Shootings, Are We Secure While Learning Nadia Clark Troy University College Campus Safety 2 Date rapes, hate crimes and theft have become an apparent concern on college campuses. The most disturbing crime on a college campus is a school shooting. Being a victim of any crime is the last thing any student or parent thinks of when choosing a college or university. The possibilities of danger on a college campus have been increasingRead MorePersuasive Essay On Gun Control1743 Words à |à 7 Pagesthe future victims of gun attacks, however, many dangers also come with having the right to own a gun. One of the most important problems caused by gun I want to talk about is the debate on the use of guns in the campus. Today our institutions of higher learning are faced with a new threat to the welfare and safety of student. The American college experience is characterized as a traditional pathway to success. From primary school to high school, students are prepared for college and for manyRead MoreEssay On Gun Control1528 Words à |à 7 Pagesthan a quarter of the worldââ¬â¢s firearms.There is a split view in America when it comes to citizens being able to obtain and carry a gun. Many people believe more mass shootings are occurring because of how easy it is to get a gun. People on the other side of the spectrum believe having a gun protects them in a case of mass shootings or simply for self-defense and will deter crime. Throughout this paper I plan on informing you why this issue exists, measures took to correct the issue, and new formedRead MoreWhy Shootings Are Becoming A Real Danger Of Today s Society983 Words à |à 4 PagesProblem/Issue Overview: Mass shootings are becoming a real danger in todayââ¬â¢s society. The amounts of shootings have been gradually increasing over the years. Implementing firearms to universities or colleges is likely to increase the amount of mass shootings to occur over time. The Texas government created the campus carry bill to try to prevent shootings from taking place. On August 1, 2016, Texas will allow students and faculty members in private and public universities to carry a concealed firearmRead MoreThe Problem With Gun Control976 Words à |à 4 Pagescoming on school campus and open fire? Should Americans change the law on gun control? So many questions on gun control, but no one right answer. We live in a country with rights, and freedoms that many have taken advantage of. The second amendment was written for the people to be able to protect themselves and their properties, as well as to stop a corrupt government. When people take advantage of this right, and claim to have the right to arm themselves, but then they shoot up a school, rob a bankRead MoreGun Ownership Should Be Banned1512 Words à |à 7 Pagesstrongly believing their 2nd Amendment rights guarantee them legal access to guns. Although gun advocates view gun ownership as self defense, the government and gun control supporters have noticed that legal distribution of guns has been linked to school shootings, homicide, and violent crimes. Furthermore, legal distribution of guns increases the risk of harming innocent people while declining the policeââ¬â¢s power to establish safety in society. Overall, in order to prevent the destruction of our countryRead MoreGun Control Persuasive Essay1068 Words à |à 5 Pagesquite some time and will continue for many more years. To finally come to a solution, we have to unite our knowledge and take further consideration on how we view guns in our society; such as sports, past shootings, regulations and conspiracies. According to our government, hunting and shooting are labeled as sports and considered legal. Considering opposite arguments, according to an author Britney by Soapboxie, ââ¬Å"If NASCAR is considered a sport, and citizen that own such racecars are restricted
Wednesday, May 6, 2020
Swot Analysis Organizational Growth And Development
Organizational growth and development is contingent on the ability of the organization to adapt to its environment. The organizationââ¬â¢s adaptation is formed around its internal (controllable) and external (non-controllable) variables. These variables are a part of the open systems theory that influence how and when the system grows. A SWOT (strengths, weaknesses, opportunities, and threats) analysis is a useful tool used to assess the impact these variables have on the organizational development. According to Virtualstrategist (2008), strengths and weaknesses are internal variables that are controlled by the organization and are considered primary points of data while opportunities and threats are considered secondary sources of data andâ⬠¦show more contentâ⬠¦2). To this, SWOT analyses are particularly useful in most types of organizational model systems planning and evaluations (e.g. six box model, political, or open systems). For instance, in open systems planning, th e concept is that ââ¬Å"participants actively identify gaps between current conditions and desired future states, and they move gradually toward planning ways to attain these desired futuresâ⬠(Harrison Shirom, 1999, p. 96). These gaps can easily be eradicated through the understanding and implementation of the SWOT analysis as it pertains to a specific open system. Since the core concept behind the SWOT analysis is to evaluate the internal and external environment of an organizational system and the open systems theory is fundamentally described as consistent flow of energy between internal and external influences, these two concepts can be uniquely combined based on the specific organization in order to properly evaluate and assess the performance of the organization for the purpose of improving goals and objectives. Virtualstrategist (2008), suggested that an organizationââ¬â¢s strengths and weaknesses (i.e. ââ¬â internally controlled variables) are factors that see k capabilities, resources, and processes and suggested that these primary sources of information are purposed enhance the organization. To this, Berry (2016) added that these variables are flexible and can be changed over time with proper implementation, dedication, and
Tuesday, May 5, 2020
Construction Contracts Law and Management
Question: Discuss about the Construction Contracts Law and Management. Answer: Introduction Contract is an agreement enforceable by law. Agreements which confers legal obligation on the parties, only those agreements are contracts. Validity of contract is determined on the basis of the fact that, whether essential conditions of for formation of contract have been satisfied or not. Essentials of a valid contract constitute an agreement, intention to enter into contractual relationship and consideration. An agreement includes offer and acceptance of the terms of the offer in strict sense. In order to constitute a legally binding relationship between parties there should be meeting of minds, in other words the parties must agree upon the terms of the contract in the same sense. At common law a promise to be enforceable by law as a contract must either be incorporated in a deed or supported by valuable consideration. In Dunlop Pneumatic Tyre Co. vs. Selfridge and Co. Ltd. consideration was defined as An act or forbearance of one party, or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable. It can rightly be asserted that consideration is an important aspect of contract so as to be legally binding upon the parties to contract. In other words, consideration is the price paid for enabling the promise to be enforceable. The rule that consideration must not be adequate or commercially realistic, rather it should be sufficient, mandates that the consideration need not be equal to that promised, but must have some value. In other words in a contractual arrangement some value must be given by promisee in lieu of promise made by the promisor. This is in line with the pronouncement in the case of Thomas vs. Thomas wherein it was laid that consideration must hold some value in the eyes of law. The research paper would analyze problem related to the nature of consideration so as to enable the contract to be enforceable by law. Whether the consideration should be adequate or commercially realistic or the consideration would be a valid consideration under law if it is a sufficient consideration. The present paper would determine with reference to case laws, development of the concept of consideration in contract law and explain the role of consideration in formation of contract. History on the origins of concept of consideration Concept of consideration requires it as an essential element in the formation of contract. The term consideration was for the first time in contractual context used by judiciary in 1557, with regard to a marriage agreement in the case of Joscelin vs. Shelton. It has been argued that concept of consideration occurred around 16th century when the common law judges were in a dilemma, as to enforcement of a contract not under seal, and the answer to the problem lied in development of the concept of consideration, so as to identify and enforce bargains. Theorists are of the view that the concept of consideration might be a species of evolution of the concept of assumpsit, but it can be argued that during this process there existed a strong influence of the 14th century doctrine of Quid pro quo. With the decision in Pickering vs. Thoroughgood in 1533 the concept of assumpsit had developed to an extent that it could be regarded as a remedy in cases of breach of promises. In the said case a successful action was brought by a brewer against a person who assumed and promised to deliver malt, which was supposed to be used in brewing trade. The position laid in Slades case led a way to enforcement of simple agreements. The said case adjudged that every contract carries in itself an assumpsit, as where one party agrees to make payment or deliver goods to another, he thereby assumes the position of a promisor and for the said reason when the former delivers goods to the latter, the latter in consideration of the delivery agrees to pay money at such a date. The court after observing the above mentioned position concluded that wherein a similar situation arise both the parties have an action of debt or an action of assumpsit, hence whenever the parties have two remedies available, the option to opt between the two lies with the parties. During the 18th century consideration was presumed in case of existence of moral obligation. The definition of consideration lay in the case of Dunlop vs. Selfridge was accepted during 20th century, and the same still prevails. Academic theories of consideration The academic theories related to consideration are imperative in the formation of a valid contract that enforceable by law. The contract law deals with the conception of exchange and it predicates the economy of a country. In countries like Australia most of the goods and services are distributed through markets and contract forms an integral part of the market. Consideration under the law of contract is an essential element that validates a contract and makes it enforceable by law. It is a well-established concept that enforceability of contracts is imperative in ensuring fairness and legal certainty for all the parties to the contract. The principal academic theories related to consideration are consideration is not required to be adequate, it must be sufficient; past consideration is not a good consideration; part-payment of a debt is not a good consideration and performance of a legal duty is not a good consideration. Consideration must be sufficient, it is not necessary that it should be adequate A consideration is valid if it is sufficient to bind the parties to the contract legally. A consideration that has some monetary value is considered as a valid consideration before the court of law. The consideration made must be recognizable in the eyes of law. The promises made by the parties at the time of entering into a contract must not be merely verbal promises. The promises made by one party in exchange of the promise made by the other party must be of some value that is recognized by the law. The value of the consideration may not be equal value but it must be something that amounts to a sufficient consideration to make the contract and valid and enforceable by law. In White v. Bluett (1853), Bluett brought a legal action against his fathers consent for an arrear amount and claimed that his father promised to make payments of the outstanding bill in exchange for Bluett himself provided Bluett stops complaining about it. It was held by the court that the consideration made by his father does not amount to a valid consideration as a promise to stop complaining does not possess any monetary value. Therefore, Bluett was still entitled to be paid by his father. It is established that consideration made in exchange of the promise must be tangible and must possess some pecuniary value. However, there are instances that are not considered as sufficient consideration in the legal parlance. These include moral duty, natural affection, love, and prayers. Promises made out of natural love and affection are not considered good consideration as these promises are regarded as general promises that are made within a family and there is no pecuniary value attached to the promises. The terms sufficiency and adequacy have similar meanings but from the legal point of view, they differ in their meanings and application. A consideration is considered adequate when a price or value received by any person is not proportionate to the price paid by the person. However, the courts are of the opinion that it depends on the parties to the contract as to what value is to be attached to the goods or services they intend to sell. Therefore, if the consideration in a contract is inadequate it does not invalidate the legal efficacy of the contract. This contention has been established in the case of Grogan v. Cooke where it has been observed that if the consideration is adequate and is not malafide in nature the court shall not intervene into the matter. It is an acceptable rule of common law that as long as the terms of a contract are not ambiguous and comprehensible the terms shall not be considered as unfair or inadequate. The rule is subject to the condition that the value attached to the services and the goods that forms the subject matter of the contract is nominal the goods and services are exempted from regulations as was expressed in Irish Steel Ltd case. Past consideration is not a good consideration If either of the parties to the contract executes an act willingly and the other party makes an undertaking after such performance, the consideration thus made is termed as past consideration. The Law of Contract stipulates that any consideration that is not made either with or after the promise becomes a past consideration and is not regarded as a valid consideration. Past consideration is not valid and cannot make the contract enforceable. This rule has been established in the case of Roscola v. Thomas (1842) 3 QB 234. The facts of the case were such that the plaintiff purchased a horse from the defendant and subsequent to the sale, the defendant assured him that the horse was sound by nature. However, later it was found that the horse was unsound and the plaintiff brought a legal action against the defendant for committing violation of the contract. The court held that the soundness of the horse did not amount to a valid consideration for the promise. The only consideration that w as made was the contract to sell the horse. However, the sale of the horse took place before the defendant had promised and hence it amounts to past consideration, which is not considered as a good and valid consideration. Part-payment of a debt is not a good consideration The rule established in the Pinnels case that fraction payment of a debt does not constitute a good consideration. If a party owes a certain amount of money to another party and assents to make fraction payment it is considered as part payment of a debt. The underlying reason behind the rule is that the proposal of making payment of a lesser amount cannot satisfy the outstanding greater amount and the law must decline to enforce the contract that includes such terms. This rule though was introduced in the Pinners case but was applied in the Foakes V Beer. In the latter case, Mrs. Beer asked Mr. Foakes to pay the debt for which Mr. Foakes asked for time subject to the condition that Mrs. Beer shall not take legal action against him. Mrs. Beer agreed to him but later she sued him for the remaining balance. It was held that Mrs. Beer was entitled to the payment of debt and that the promise made by her in exchange had no pecuniary value. Hence, it was not a good consideration. The most i mportant exception applicable to this rule is the doctrine of Promissory Estoppel. The doctrine binds a promise in the absence of a consideration. The doctrine states that if a party makes an undertaking relying upon which the other party acts on the promise, then the party making such undertaking is estopped or prohibited from turning in the promise made despite the party acting on such promise has not provided a good consideration. This doctrine has been established in the cases of Hughes Case (1877) and the High Trees (1947). The other exceptions applicable to the Pinnels case are that if the lesser sum proposed to be paid is accepted by the creditor; the amount is paid as an object that is acceptable by the creditor. Performance of a legal duty is not a good consideration When the plaintiff promises the defendant to fulfill a previous promise this amounts to insufficient consideration. Any public duty that is imposed by the law does not amount to a good consideration as the person is under statutory obligation to perform the legal duty. From the above discussions, it can be concluded that a consideration to be valid must be sufficient and adequate. As discussed above, for a consideration to be adequate it must be unambiguous and must not include any unfair terms. Again, a consideration is considered as sufficient in the eyes of law only when the promise made has economical value attached to it. Besides, having pecuniary value attached to the promise it must also be recognizable by the law. The intervention of the courts is unwanted, as the parties to the contract must decide the value to be attached to the goods and services. In case the terms are not fair and incomprehensible, the parties may seek the courts in the matter. A consideration acts as a fundamental element in the formation of a valid contract as it makes a contract legally binding and effective. For a contract to be enforceable by law, it is mandatory that the consideration is a good consideration. However, there remain difficulties in reconciling the s ufficiency and the adequacy argument. The main problem is that if practical advantage is to be considered to be the basis of a sufficient or adequate consideration, there are contrasting decisions that still do not make a clear statement as to whether a consideration must be sufficient or adequate for it to be valid. However, if the reasoning stated by the Court of Appeal in the Williams v. Roffey Bros is followed then the doctrine of consideration requires to be refined and restricted and recognition must be given to the practical benefit approach instead of the legal approach. Reference list Adriaanse, Mr John.Construction contract law. Palgrave Macmillan, 2016. Bailey, Veronica E.Cape Law: Text and cases: Contract law, Tort law and Real property. AuthorHouse, 2016. Gallagher, Ciaran. "Should the" Doctrine of Consideration" be abolished?." (2016). Hughes, Will, Ronan Champion, and John Murdoch.Construction contracts: law and management. Routledge, 2015. Kane, James. "The Rule in Pennel's Case: The Case for Repeal, a Mistaken Preponderance and Finding Consideration in Debt Renegotiations."Dublin ULJ37 (2014): 79. Liebenberg, Sandra, Colm O'Cinneide, and Gerry Whyte. "Case Notes and Recent Developments."Dublin University Law Journal37 (2014). Martin, Paul. "Estoppel: Binding promise without a contract: Court of appeal considers proprietary estoppel."LSJ: Law Society of NSW Journal23 (2016): 93. McKendrick, Ewan.Contract law: text, cases, and materials. Oxford University Press, 2014. Poole, Jill.Textbook on contract law. Oxford University Press, 2016. Robertson, Andrew. "Three Models of Promissory Estoppel."Browser Download This Paper(2014). Thampapillai, Dilan. "Practical Benefits and Promises to pay Lesser Sums: Reconsidering the Relationship between the Rule in Foakes v Beer and the Rule in Williams v Roffey."U. Queensland LJ34 (2015): 301. Zhang, Enkai. "Australian Business Law. A Case Study." (2015).
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