Tuesday, January 28, 2020

18th Amendment Congress Essay Example for Free

18th Amendment Congress Essay Congress is who was involved with the 18th amendment which was ratified on January 16th 1919 and went into effect on January 16th, 1920. This amendment was signed in Washington by congress. The 18th amendment prohibits the sale, consumption, distribution, import, and export of all liquors. During the world war prohibitionists made it seem patriotic to conserve grain for the war effort and not to make alcohol. The prohibitionists thought that a sober soldier was a good soldier and a sober factory worker was a good factory worker. Section 1: states that, after one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Section 2: the congress and several states shall have concurrent power to enforce this article by appropriate legislation. Section 3: this article shall be inoperative unless it shall have been ratified as an amendment to the constitution by legislatures of the several states, as provided in the constitution, within seven years from the date of the submission hereof to the states by the congress. After the 18th amendment was in effect underground bars called speakeasies were built. By 1927 there were more than 30,000 speakeasies around the country. Famous gangsters like Al Capone made over 100,000 dollars a year. The Volstead act was crucial to the success of the 18th amendment. It gave the federal government enforcing ability. Also it defined criminal penalties except for medicinal or religious ceremony use. The levels considered intoxicating were 0.5% anything over that limit was illegal. From 1911 to 1929 deaths caused by cirrhosis of the liver in men dropped to 10.7 men per 100,000 from 29.5 men per 100,000. By the end of the 1920s there were more alcoholics and illegal drinking than before prohibition. To undo one constitutional amendment it takes another one to undo it. The 21st amendment which is the first and so far the only amendment to restore rights that were taken away from a previous amendment. In 1932 both parties called for the 18th amendment to be repealed. In 1933 congress passed a resolution proposing the repeal. After prohibition was repealed the separate states were the ones that had to govern their own alcohol laws. Most states made the legal age 21 but some states had the age be only 18. No national drinking age existed until 1984 when the national minimum drinking age act was passed. I do not think this amendment should be brought back because it caused many problems and it was almost impossible to enforce. In conclusion, the 18th amendment caused too many problems and should never be brought back because of everything that went wrong.

Monday, January 20, 2020

Definition of Command Economy :: essays research papers

THE COMMAND ECONOMY A command economy is one in which a central authority has control of the resources of the economy and makes most of the economic decisions. TODAY : DICTATORSHIPS OR CUBA OR CHINA IN THE PAST: NEW FRANCE & THE WARTIME ECONOMY OF THE 1940'S NEW FRANCE New France was discovered by accident while explorers were searching for shorter trade routes to India and China, where they hoped to find rich sources of gold and spices. By accidentally discovering central and South America they did discover gold and silver produced by the Aztec civilization. In Canada the first resources to be exploited were - FISH & FURS. New France, as a colony, was to serve 2 purposes. 1. a source of NATURAL RESOURCES for the people of France. 2. A place where the FINISHED MANUFACTURED GOODS could be sold. The King had ABSOLUTE POWER until 1663, then he appointed officials. The main one was the INTENDANT, who ran the economy of the colony the way the King wanted it. The industry was AGRICULTURE & FUR TRADING. Furs, fish and other raw materials were sent back to France. In New France, LAND = WEALTH. Land was given to the Lords (Seigneurs) of the King in return for Taxes and a promise to settle the land. The Lords got farmers (habitants) who paid the Lord taxes and if the farmer didn't pay the taxes the Lord would take his land. GOODS PRODUCED = WHEAT, TOBACCO, OATS, HEMP (a plant used for making sails). THE BRITISH COLONIES OF THE TIME WERE RUN IN MUCH THE SAME MANNER. WHAT WAS THIS TYPE OF ECONOMIC ACTIVITY CALLED? CANADA'S WARTIME ECONOMY OF THE 1940's. The entire economy of Canada was involved in the WAR EFFORT. North America became a very important resource area for the Allies. 1941 - The WARTIME PRICES AND TRADE BOARD set maximum prices that goods could be sold for in Canada. 1942 - Goods were rationed such as food and fuel. THE GOVERNMENT HAD ABSOLUTE POWER There was an increased demand for resources to supply the war effort such as materials for PLANES, SHIPS, TANKS, BOMBS. The war was destroying economic resources in Europe. 1. soldiers, as well as others were killed 2. factories, roads and rail lines were being destroyed 3. dams and oil tanks were bombed 4. bridges were destroyed 5. land and crops were burnt or otherwise destroyed

Sunday, January 12, 2020

The Duties of an Agent to Principal

THE DUTIES OF THE AGENTS TO PRINCIPAL The duties of an agent depend primarily on the contract of agency if there is one. Subject to any such express terms, the agent owes a number of implied duties or obligations to his principal. It is the agency relationship as such that gives rise to these obligations so that, as a general rule, they fall as much on the gratuitous agent as on the paid agent. 1. Obey the Principal’s instructions Section 164 states, The agent must obey the instructions given to him by his principal even if he thinks the instructions are wrong.Sometimes of course the principal may expect the agent to advise him and indeed he may be employing an agent to use skill and care. The agent must not delegate his duty to another person unless such delegation has been agreed with the principal, or is the custom of the trade, or the delegation merely takes pace in relation to purely administrative matters. Case Example : In Turpin v. Bilton (1843), an insurance broker ag reed for consideration to obtain a contract of insurance on the plaintiff’s ship. But he failed to do so. The ship was lost and the broker was held liable to the plaintiff.In Fraser v. B. N. Furman (Production) Ltd (1967), insurance brokers agreed for consideration to effect an employer’s liability policy and failed to do so. The employer was held liable for $3000 damages in an action brought against him by an employee for breach of the Factories Act, and the Court of Appeal held that the brokers must indemnify the employer in that sum for breach of contract. Betram Armstrong & Co. V. Godefray (1830) 1 Knapp 381 Facts : The agent was a stockbroker. The principal told the agent to sell stock when the market price reached a certain figure per unit of stock.The agent did not heed these instructions and held on to the stock. When the market dropped the agent was forced to sell at a loss. Decision : The principal successfully sued the agent to recover the difference between the price at which he was instructed to sell the stock and the price at which the stock was eventually sold. 2. A duty to exercise reasonable skill and diligence Section 165 states, The degree of skill and diligence required of an agent depends on whether the person is a gratuitous agent or a non-gratuitous agent. A gratuitous agent is not paid for their services whereas a non-gratuitous agent is paid.A non-gratuitous agent is required to exercise a degree of skill equal to that which a reasonable person would expect an agent of that type to exercise. For example, a real estate agent is expected to display the qualities and expertise of a competent real estate agent. If the agent fails to meet this standard, the agent will be liable to the principle for any loss caused by this breach of duty. A gratuitous agent is not expected to exercise any special degree of skill. The agent must exercise the same degree of care and diligence as they would use in attending to their own affairs.If that person has some special knowledge, they are expected to use that knowledge. Case Example : In Keppel v. Wheeler (1927), agents were employed to sell a block of flats and received an offer from one party which was accepted â€Å"subject to contract†. The agents later received a higher offer but, instead of telling the owners, arranged a resale from the earlier party to the later after the original sale to the earlier party was effected. It was ruled that the agents had acted in breach of their duty to obtain the best price available, and that duty included passing on details of better offers until a binding contract was concluded. . To render proper accounts when required Section 166 states, An agents owes a duty to the principal to keep proper accounts and make them available for inspection. For example, travel agents and real estate agents are required by statute to keep accurate and proper accounts. This duty imposes an obligation on agents to keep their property and money separate from that of their principal. Case Example : In Harry Parker Ltd v Mason [1940] 2 KB 590, where the principal conspired ith agent to make shame bets on the course and bets with street bookmakers contrary to the existing law but agent had failed to apply, as agreed the money that the principal handed to him. The Court of Appeal held that the principal could not recover it from agent on the general principal that money paid under an illegal contract is irrecoverable. 4. To pay his principal alls sums received on his behalf Section 171 states, However, an agent may retain or deduct from such sums received, advances made / expenses incurred by him in carrying out his duty, his commission and other remuneration payable to him for acting as agent. . To communicate with the principal Section 167 states, In cases of difficulty, an agent must use all reasonable diligence in communicating with and in seeking to obtain instructions from the principal. However, in emergencies, th e agent may use his own discretion in adopting a course of action to safeguard the interest of the principal. 6. Not to let his interest conflict with his duty Section 168 states, An agent must not allow the possibility of personal interest to conflict with the interests of his or her principal without disclosing that possibility to the principal.Upon full disclosure, it is up to the principal to decide whether or not to proceed with the particular transaction. If there is a breach of his duty, the principal may set aside the contract so affected and claim any profit which might have been made by the agent. Case Example : In McPherson v Watt (1877), a solicitor used his brother as a nominee to purchase property which he was engaged to sell. It was held that, since the solicitor had allowed the conflict of interest to arise, the sale could be set aside. It was immaterial that a fair price was offered for the property.The corollary to the above case is that the agent must not sell his or her own property to the principal without fully disclosing the fact. This lead into the next duty. 7. Not to make any secret profit out of the performance of his duty In discharging the agents, an agent can’t take any secret profit as corruption in the form of commission payments on a confidential basis, coffee money or â€Å"kickback†, tips and so on. If the agent take the secret profit, the profit must be submitted to the principal. In other words, the agent can’t use the property of the principal to do something against the contract that agent for selfish motives.That means agents can create a profit, only the principal agents are prohibited from using the property for personal gain. Section 168 states, If the principal knows and agrees on a secret, the agent can save profit because the profit is not a secret anymore. It should be noted that the secret profit is the profit earned outside the knowledge of the principal. If the principal give consent, the a gent can take the profit. In situations where the principal does not agree with a secret profit, the principal has the option as follows: I. The agency contract may be terminated, if the contract is not to profit member.For example, A has ordered B to sell the estate belonging to A. B has reviewed the estate before sale, find some of the mines in the estate is not known to A. B tells A that he wanted to buy the estate for himself, but conceals the discovery of the mine. A, when knowing this, can either refuse to sell the estate or otherwise manage the sales out of choice. II. Principal may recover the secret profit from an agent For example, as happened in the case of Tan Kiong Hwa vs S. H Chong. Plaintiff has purchased a flat from a company in which the defendant was the managing director.Plaintiff has ordered the defendant as agent to sell the flat at RM45000 but the defendant has successfully sold at RM54000. The difference in price of RM9000 has been credited to the company acco unt. Soon the company is wound up. The court ruled the plaintiff entitled to recover from defendants for RM9000 has defaulted in carrying out his duties as an agent. III. Principal may refuse to pay a commission or other remuneration to the agent. Section 173: An agent was found guilty of misconduct in successful agency not entitled to receive any advice relating to the business he was one proceeds. In the case of Andrews vs Ramsay & Co. the principal was member instructions to agents to sell the property and agreed to pay a commission of ? 50. The agents have to find the buyers and was given a ? 100 deposit. Agents then have to pay around ? 50 to the principal and keep the rest of the ? 50 commission. In the transaction, the agents have to get ? 20 from buyers. The court ruled the principal right to demand a secret agent commissions earned from buyers. IV. Principal reserves the right to expel the agent for breach of duty. Principal reserves the right to expel the agent if the agen t was using the property for profit secrets principal from agency business.Principal has such rights as the agent had failed to discharge its duties entrusted. If the principal has suffered loss as a result of the actions of the agent, he is entitled to claim damages. Principal reserves the right to expel the agent because duties. V. Principal may sue the agent and the third party to recover damages corruption if it is a loss of the contract. What happens in the case Mahesan vs The Malaysian Government Officers Cooperative Housing Society, the plaintiff was its director defendants. Defendant had purchased a piece of land worth $ 944,000 from a landlord who has obtained the land at $ 456,000 only.Plaintiff to know the fact but did not inform the defendant. As a result, the plaintiff has obtained $ 122,000 in bribes from land owners for the sale and purchase agreement. The court ruled that the defendant is entitled to claim the amount of loss suffered by the crime. 8. A duty not to di vulge confidential information To maintain confidentially about any matters communicated to him as agent, and not to disclose them to prospective third parties or anyone else. The relationship between principal and agent is a fiduciary relationship, depending upon mutual trust. Case Example :In Robb v Green [1895] 2 QB 315, an injunction was obtained against a former manager of a business to prevent him using for his own purpose a list of customers of the business which he had copied out while he was the manager. Faccenda Chicken Ltd v Fowler [1986] 1 AER 617, the duty of good faith is broken if an employee makes or copies a list of his employer's customers for use after his employment ends or deliberately memorises such a list even though, except in special circumstances, there is no general restriction on an ex-employee canvassing or doing business with customers of his former employer. . A duty to act personally An agent is not permitted to delegate to another person the tasks th e agent has been appointed to perform. A principal has chosen an agent because of that person’s expertise. The rule with respect to delegation can be relaxed by express agreement between the parties. If an agent delegates authority without permission, then the agent will not be entitled to be paid commission for any delegated acts. However, the rule has no application in relation to minor clerical or administrative tasks.These tasks can be delegated. Case Example : De Bussche v Alt (1878) 8 Ch D 286 ,agent was appointed by the principal to sell a ship in China at an agreed price but the agent was unable to effect such a sale and obtained the principal's permission for the appointment by agent of a sub-agent to sell the ship in Japan. The Court held there was no breach of duty by agent in appointing a sub-agent as delegation was expressly agreed.

Saturday, January 4, 2020

Pros And Cons Of Genetic Engineering - 1676 Words

Jacob Christian B5 5/29/2017 Over the course of this year, I have acknowledged many things that have peaked my interest. In biology, we ve learned things that vast many topics, we ve been taught how much energy gets passed on throughout each trophic level to how the positive/negative ions in water molecules can effect how they bind to each other/are attracted to one another. While going over the long unit known as genetics, one topic in particular left a mark in my mind: Genetic Engineering/modification. It opened a door to me that allowed me question our everyday life, questions flooded my mind. For example, I pondered things like, How could we use gene modification to create natural pesticides. and/or Could we possibly modify†¦show more content†¦When new plants are created, they go through the series of tests, as said above, to insure the safety of the public/people. In 2002, the EU updated and reinforced it s laws and regulations on Biogenetics, and labeling laws for genetically modified foods in the European markets. The Food and Agriculture Organization (FAO) of the UN recognizes that genetic engineering has the potential to help increase productivity in: agriculture, forestry, and fisheries. Oblivious to the many pro s of genetic modification people only tend to focus on the con s, for example world hunger could end if we invent a way to increase the survival of crops in extreme environments. Scientists have discovered a way to increase stress tolerance in plants, allowing them to survive in harsher climates. The secret to this is a chemical compound; known as Betaine, that acts as an Osmoprotectant, by stabilizing the structure of proteins against the adverse effects of salinity and extreme temperatures. Many plants naturally produce this chemical, making it easier for scientists to modify a pre-existing plant, and adding in the Betaine chemical to it s DNA. The plants that naturally create the chemical are able to survive in high salinity and extreme temperatures. For example, two plants that naturally create Betaine are Maize and Barley. Genetically modified plants systems that have been changed to produce Betaine; roots and leaves show signs thatShow MoreRelatedGenetic Engineering Pros And Cons1648 Words   |  7 PagesGENETIC ENGINEERING: PROS: Pros of genetic engineering are the facts that scientists and doctors in our generation could first and foremost discover new diseases and parasites and types of unheard cancers and illnesses before they spread further than they need too. The doctors can therefore invent a cure for this illness before it spreads really far and before anyone else gets sick. With the genetic engineering they can then stop the spreading and cure the diseases before it gets out of hand. ThisRead MorePros And Cons Of Genetic Engineering1662 Words   |  7 PagesGenetic engineering is the process whereby new DNA is added or existing DNA is altered in an organism s genome. This may involve changing one base pair (A-T or C-G) or deleting entire sections of DNA or adding additional copies of a gene. This results in creating new traits that were not previously present in the organism’s genome. This is done to selectively breed desired traits or to create plants with increased resistance to pestic ides and increased tolerance to herbicides. For example insulinRead MoreEssay on The Pros and Cons of Genetic Engineering831 Words   |  4 Pages Genetic engineering is the growing science of the world and is increasingly under the spotlight over ethical issues. Is biotechnology going to save lives, rather than destroy them? and will the benefits outweigh the risks? The main problem with such questions is that we dont know the answer until we try them out. Like all sciences it is hard to predict outcomes, so far there have been more failures being told than success stories. Genetic engineering is the splitting of DNA out of an organism’sRead MoreThe Pros and Cons of Genetic Engineering Essay830 Words   |  4 PagesScientists state that the world is constantly moving towards disorder, while the purpose in life is to bring order to the universe. Now genetic engineering is a very old science that has been in play for many years. Scientists have been creating genetically modified organisms and products for years. But we now have the knowledge and technology to do this on a drastic scale the world has never seen. Knowing that genetically modifying something turns it into something god did not create. Do we haveRead MorePros And Cons Of Genetic Engineering1101 Words   |  5 PagesGenetic engineering brings about great and marvelous things, yet it raised many ethical issues. Some encourage research, while others oppose against such a bizarre idea. Their arguments revolve around impacts on the environment, humans, and social values. This paper seeks to give an account of these issues and present a possible moral compromise. Ecological problems may be caused when genetically engineered species are introduced. It may offset the natural balance of a system and may even lead toRead MorePros And Cons Of Genetic Engineering1915 Words   |  8 Pagesâ€Å"Genetic engineering refers to any changes in genetic makeup that result from the direct manipulation of DNA using various technical methods† ( source 1). More simply put, genetic engineering involves cutting, pasting, and/or editing DNA, specifically targeted ones, to produce a valuable effect produce a useful or desirable characteristic in an organism. The results can greatly modify a certain species or even create a new one. The Biotechnology to do such things were only available in the 1970sRead MorePros and Cons of Genetic Engineering Essay1733 Words   |  7 PagesThere are many benefits of genetic engineering, but there are many risks too. Genetic engineering is the direct manipulation of genetic material in order to alter the hereditary traits of a cell, organism, or population. Basically, scientists take DNA of one product and put it into another product to get a mixture of traits from both products. It’s like breeding different breeds of dogs to get a certain look or personality. Some people don’t mind what goes into genetically altered foods, while othersRead MoreEssay on The Pros and Cons of Genetic Engineering1068 Words   |  5 Pages nbsp;nbsp;nbsp;nbsp;nbsp;Genetic engineering is a process in which scientists transfer genes from one species to another totally unrelated species. Usually this is done in order to get one organism to produce proteins, which it would not naturally produce. The genes taken from one species, which code for a particular protein, are put into cells of another species, using a vector. This can result in the cells producing the desired protein. It is used for producing proteins which can be usedRead MorePros and Cons of Genetic Engineering Essay2059 Words   |  9 Pages Genetic Engineering is highly controversial since some people believe that genetic engineering is playing God. As this fact there is opposition to the progression of the field by people who do not see the value in genetic engineering, or they fear what genetic engineering may lead to for us as people. There is a history of discover that belongs to genetic engineering, which has led to numerous products that have emerged which have brought numerous applications to the society of the world. ThoughRead MoreThe Pros and Cons of Genetic Engineering Essay608 Words   |  3 PagesThe Advantages and Disadvantages of Genetic Engineering Genetic engineering has been a major topic of discussion ever since Dolly the sleep was cloned. Its raises ethical, moral and religious questions due to the fact it is tampering with the makeup of organisms, and certain religions believe it is not our right to do this. Genetic engineering involves the re-arranging of DNA sequences, artificial horizontal gene transfer and cloning. There has been little progress