Friday, September 4, 2020

Essay --

Pengenalan Di Malaysia, perkara 3(1) Perlembagaan Persekutuan memperuntukkan bahawa Islam adalah Agama Persekutuan akan tetapi lain-lain agama boleh diamalkan dengan aman dan damai di mana-mana bahagian Persekutuan. Sebelum kedatangan Inggeris undang-undang yang dikuti di negeri-negeri Melayu ialah undang-undang Islam dan adat Melayu yang sesuai. Mahkamah dalam kes Ramah lawan Laton telah memutuskan bahawa undang-undang Islam adalah undang-undang tempatan dan undang-undang negeri. Akan tetapi pengaruh undang-undang Inggeris telah dimasukkan melalui perundangan dan keputusan hakim. Supaya undang-undang Islam dikembalikan sebagai undang-undang asas dan utama bagi orang-orang Islam di Malaysia, hendaklah dinaikkan taraf dan kedudukan Mahkamah Syariah dan membebaskan dari gangguan dan campur tangan Mahkamah Sivil. Pindaan kepada Perkara 121 Perlembagaan Persekutuan yang dibuat pada tahun 1998 adalah merupakan langkah permulaan kearah tersebut. Banyak lagi yang harus dilakukan untuk meninggikan Pentadbiran Undang-undang Islam di Malaysia dan untuk membolehkan Mahkamah Syariah menjalankan tugasnya dengan baik. Di negara kita, Malaysia, Undang-undang Syariah ditadbirkan di Mahkamah Syariah dan Common Law ditadbirkan di Mahkamah Sivil. Melalui perundangan, undang-undang berasaskan Inggeris telah diterima seperti Kanun Keseksaan, Akta Keterangan, Akta Kontrak, Kanun Jenayah, Kanun Acara Sivil dan Undang-undang Tanah. Kuasa mengenai perundangan Hukum Syarak ada di peruntukkan dalam Jadual ke 9, Senarai 2 †Senarai Negeri Perlembagaan Persekutuan. Dalam pada itu, telah terdapat perkara dimana Mahkamah Sivil boleh menjalankan bidangkuasanya sungguhpun perkara itu mengenai undang-undang diri dan keluarga orang-orang Islam. Umpamanya dalam ... ... merangka dokumen undang-undang, atau memberi bantuan guaman. Sejarah Perundangan Islam. Sebelum masuknya pengaruh kerajaan British di negeri-negeri Melayu, undang-undang Islam dan Adat Melayu ialah undang-undang asas atau undang-undang negeri. Undang-undang Islam yang diikuti itu meliputi semua bidang termasuklah Undang-undang Keluarga, Undang-undang Jenayah, Undang-undang Tanah, Undang-undang Mal, dan Undang-undang Acara dan Keterangan. Kumpulan undang-undang Melayu lama seperti Undang-undang Melaka atau undang-undang yang dikumpulkan untuk Sultan Pahang mempunyai peruntukan bagi Undang-undang Mal, Undang-undang Keterangan dan Undang-undang Acara. Di Turki, Majallat-al-ahkam adalah suatu kumpulan undang-undang Mal Islam, telah diterjemahkan ke Bahasa Melayu dan diiktiraf sebagai undang-undang yang harus diikuti di mahkamah-mahkamah di Johor pada tahun 1914.

Tuesday, August 25, 2020

Solitude/Isolation in “The Minister’s Black Veil” and Hawthorne’s Life :: Ministers Black Veil Essays

Isolation/Isolation in â€Å"The Minister’s Black Veil† and Hawthorne’s Lifeâ â â â â â â â â â   â â In the Nathaniel Hawthorne story, â€Å"The Minister’s Black Veil,† we see and feel the isolation/disengagement of the pastor, Reverend Mr. Hooper. Is this isolation not an impression of the very existence of the creator?  As indicated by A.N. Kaul in his Introduction toâ Hawthorne †A Collection of Critical Essays, the topics of disconnection and distance were ones which Hawthorne was â€Å"deeply engrossed with† in his compositions (2).  At the beginning of the story, â€Å"The Minister’s Black Veil,† the sexton is tolling the congregation ringer and all the while watching Mr. Hooper’s entryway, when out of nowhere he says, ''But what has great Parson Hooper got upon his face?'' The unexpected which the sexton showed is rehashed in the awe of the spectators: â€Å"With one accord they began, communicating more miracle. . .† The explanation is this: â€Å"Swathed about his temple, and hanging down over his face, so low as to be shaken by his breath† is a dark cloak. The multi year old, unmarried parson gets an assortment of responses from his assembly:  ''I can't generally feel as though great Mr. Hooper's face was behind that bit of crape'' ''He has changed himself into something terrible, just by concealing his face''  ''Our parson has gone frantic!'' Few could cease from contorting their heads towards the entryway. . . . . . . more than one lady of sensitive nerves had to leave the meeting-house.  Hawthorne, in the wake of uncovering the amazed individuals to the sable shroud, builds up the hero through a portrayal of a portion of his less outlandish and inquisitive attributes:  Mr. Hooper had the notoriety of a decent evangelist, yet not a vivacious one: he endeavored to win his kin heavenward by gentle, enticing impacts, instead of to drive them yonder by the roars of the Word. The message which he now conveyed was set apart by similar qualities of style and way as the general arrangement of his podium rhetoric.  In any case, on this first day of wearing his dark shroud there is some unconventional distinction in Hooper’s message:  Be that as it may, there was something, either in the opinion of the talk itself, or in the creative mind of the reviewers, which put forth it incredibly the most remarkable attempt that they had ever gotten notification from their minister's lips. It was touched, maybe more hazily over regular, with the delicate anguish of Mr.

Saturday, August 22, 2020

Effective Use of Imagery in William Blake’s The Lamb and Gabriel Garcia Marquez’s A Very Old Man Wi :: William Blake Lamb Essays

Viable Use of Imagery in William Blake’s The Lamb and Gabriel Garcia Marquez’s A Very Old Man With Enormous Wings Boats as large as voyage ships/Glide nimbly over the sea's smooth surface. Have you at any point perused a bit of writing and seen it as hugely fulfilling because of the gigantic measure of depictions utilized by either the artist or the writer? As the initial line outlines what's going on at the sea shore, the peruser can truly become more acquainted with what the creator is attempting to clarify. These portrayals are alluded to as symbolism. Symbolism is utilized to give a definite depiction of an individual, spot, or thing. In the short story, A Very Old Man With Enormous Wings, by Gabriel Garcia Marquez, and in the sonnet, The Lamb, by William Blake, both, creator and artist, use symbolism to portray to their crowd their own view of a holy messenger. In the story, A Very Old Man With Enormous Wings, Marquez first tells the peruser that, the fallen body with quiet trance (828), was a holy messenger by composing that he, was unable to get up, blocked by his colossal wings (828). Quite a bit of the present social orders first starting idea of a man with wings are to accept that this individual is a blessed messenger. Individuals have a wide range of convictions of what a heavenly attendant should resemble. Marquez, not needing his perusers to wander away from what his very own perspective on a holy messenger in this story, utilizes symbolism to explain his impression of the blessed messenger. Marquez takes note of that the blessed messenger has an, endless lingo with a solid mariner's voice, he was dressed like a ragpicker, tremendous scavanger wings, filthy and half-culled, just a couple of blurred hairs on his bare skull and not many teeth in his mouth, and doubtlessly the most huge, his miserable state of a doused extraordinary g randdad had removed any feeling of loftiness he may have had (828). Without the last subtleties of the blessed messenger, the peruser would have the chance to utilize whatever they will in general accept and heavenly attendant is. Marquez sets up the portrayal of the blessed messenger to empower the peruser to comprehend why the townspeople may have regarded the heavenly attendant as they had, as though he weren't a powerful animal however a bazaar creature (829). In the sonnet, The Lamb, Blake utilizes symbolism to clarify the way the, Little Lamb (Line 1), resembles.

Essay On The Crucible By Arthur Miller Example For Students

Paper On The Crucible By Arthur Miller Rebecca Nurse is thoughtful to Bettys sickness, and the supplication for calm gives a solid complexity to the chaotic activity which has encircled the young ladies. The pressure is diminished as everybody quietens down. Rebecca is additionally insightful in her comprehension of youthful adolescent young ladies, their senseless seasons and she utilizes presence of mind and says the entire undertaking is slightly senseless and that it is just childs play. From I figure shell to it will soon itself back, she remarks on the way that A childs soul resembles a youngster implying that the soul will be wicked, however on the off chance that you love it, the soul will return and act naturally, uncovering that she is astute and consequently regarded in the network. Pressure ascends as characters in front of an audience differ about issues of land and witches. Reverend Hale, a scholarly man who has examined black magic inside and out, shows up at Parriss house. The passage of Hale promptly shows that he has high authority as he is seen conveying about six overwhelming books which he says are with power. His passage makes rest and quietness. Be that as it may, the crowd know about the characters and their pressures. Not long before Procter leaves he says Ive heard you to be a reasonable man, Mr Hale. Sick expectation youll leave some of it in Salem. This shows Proctor is a man of rationale and doesn't put stock in black magic. Solidness is a specialist in the pro field of black magic. He imagines that he has high authority on the grounds that there are very few individuals who have represented considerable authority in this field. He talks in a quiet and astute way which carries consolation to the character, Here is an afflict the undetectable word, got, characterized and determined. In this piece of the play, the strain appears to have lessened, be that as it may, singular characters despite everything have their pressures. Solidness questions Abigail, Betty, and Tituba. He asks Betty accomplishes something harass you youngster? This develops sensational pressure since black magic is being referenced and when Betty doesn't answer. Solidness, his eyes narrowing gets some information about the moving in the backwoods. She answers normal moving is all. Increasingly strain when Parris discloses to Hale that he saw a pot in the grass where they were moving. The pace animates and strain keeps on mounting as Hale ceaselessly questions Abigail. This is delineated in the play by the characters lines getting shorter, That were just soup. She precludes any kind from securing black magic. The crowd can plainly observe that Abigail is slipping further and more profound into inconvenience as she continues lying and denying. This expands the strain further more. At the point when she can't adapt any longer, she faults Tituba I never called him! Tituba, Tituba When Mrs Putnam acquires Tituba she is stunned and irate and yells Abby! Before Tituba can say anything, Abigail blames her that She makes me drink blood This ascent in strain is presently at its pinnacle. Every one of them three, Parris, Mrs Putnam and Hale, begin crying at Tituba, Blood!! ; My babys blood? ; enrolled these kids for the Devil? Tituba is unnerved by each of them three and is eager to express anything to satisfy everybody, No, no sir, I dont truck with no Devil! Tituba admits to black magic and says to Abigail, you beseech me to invoke! She beseech me make fascinate Abigail is currently startled and needs to converge away from plain sight, I need to open myself. Both Abigail and Betty begin to yell out allegations at arbitrary individuals in the town. .u900363f35868936f92e47bdbc9313496 , .u900363f35868936f92e47bdbc9313496 .postImageUrl , .u900363f35868936f92e47bdbc9313496 .focused content territory { min-stature: 80px; position: relative; } .u900363f35868936f92e47bdbc9313496 , .u900363f35868936f92e47bdbc9313496:hover , .u900363f35868936f92e47bdbc9313496:visited , .u900363f35868936f92e47bdbc9313496:active { border:0!important; } .u900363f35868936f92e47bdbc9313496 .clearfix:after { content: ; show: table; clear: both; } .u900363f35868936f92e47bdbc9313496 { show: square; change: foundation shading 250ms; webkit-progress: foundation shading 250ms; width: 100%; mistiness: 1; progress: haziness 250ms; webkit-progress: darkness 250ms; foundation shading: #95A5A6; } .u900363f35868936f92e47bdbc9313496:active , .u900363f35868936f92e47bdbc9313496:hover { obscurity: 1; progress: murkiness 250ms; webkit-change: murkiness 250ms; foundation shading: #2C3E50; } .u900363f35868936f92e47bdbc9313496 .focused content region { width: 100%; position: re lative; } .u900363f35868936f92e47bdbc9313496 .ctaText { outskirt base: 0 strong #fff; shading: #2980B9; text dimension: 16px; textual style weight: intense; edge: 0; cushioning: 0; content design: underline; } .u900363f35868936f92e47bdbc9313496 .postTitle { shading: #FFFFFF; text dimension: 16px; text style weight: 600; edge: 0; cushioning: 0; width: 100%; } .u900363f35868936f92e47bdbc9313496 .ctaButton { foundation shading: #7F8C8D!important; shading: #2980B9; fringe: none; outskirt span: 3px; box-shadow: none; text dimension: 14px; textual style weight: striking; line-tallness: 26px; moz-fringe sweep: 3px; content adjust: focus; content beautification: none; content shadow: none; width: 80px; min-stature: 80px; foundation: url(https://artscolumbia.org/wp-content/modules/intelly-related-posts/resources/pictures/straightforward arrow.png)no-rehash; position: outright; right: 0; top: 0; } .u900363f35868936f92e47bdbc9313496:hover .ctaButton { foundation shading: #34495E!important; } . u900363f35868936f92e47bdbc9313496 .focused content { show: table; stature: 80px; cushioning left: 18px; top: 0; } .u900363f35868936f92e47bdbc9313496-content { show: table-cell; edge: 0; cushioning: 0; cushioning right: 108px; position: relative; vertical-adjust: center; width: 100%; } .u900363f35868936f92e47bdbc9313496:after { content: ; show: square; clear: both; } READ: Romeo's character analysisâ EssayHale acknowledges these allegations, yet the young ladies become really excited and begin to denounce more individuals, Alice Darrow, Goody Hawks, Goody Bibber, Goody Booth, etc. The pressure is broken, the last part is profoundly sensational, and the demonstration gets done with the euphoric cries of the young ladies. The words have characteristics that are normal to the time in which Miller set his play in spite of the fact that not relevant to the current day. The characters seem to have regard and poise because of the langue utilized an induction of English. Their titles, Good y recommend to us a separation seeing someone which we are not comfortable to us today. Different methods of speaking I am thirty-three time in court in my life, are utilized by judge and laborers the same. This shows another lifestyle in other period. The utilization of illustrations perspiring like a steed, the perusers would anticipate from individuals whose day by day readings was the Bible. With this information, the language utilized, I have made a ringer of my respect doesn't sound outside of any relevant connection to the subject at hand for the time. It is the language which uplifts strain and significance all through and encounters the significant subjects in the play which Miller is attempting to communicate all through. This is ground-breaking dramatization which shows the separate of a general public. The Act finishes in a sensational manner standing out from the starting which was calmer and more slow. The demonstration is loaded up with serious clash and much strain. The demonstration has solidarity of spot as everything occurred in Parriss home. The foundation and characters are uncovered through the entire writing analysis, discourse, and activities. Mill operator utilizes the Salem Witch Hunt as his method of remarking on McCarthyism during the 1950s, his own time.

Friday, August 21, 2020

PESTEL analysis of country Azerbaijan Coursework

PESTEL examination of nation Azerbaijan - Coursework Example The country picked up its freedom from the USSR in 1991, and it had pronounced its state power in 1988 (Plunkett 2008, 09). From that point forward, it has had strife with the neighboring country, Armenia (Luca 2014, p. 12). The contentions kept going from 1988-1994, yet a truce was set up in 1994 when the separatists were searching for full autonomy from this country, and they had power over Nagorno-Karabakh, just as the seven areas that encompass it. This paper assesses the PESTEL investigation of Azerbaijan nation, and this comprises of the political, financial, social, mechanical, natural and lawful elements of the country. Azerbaijan despite everything looks for authority over these regions; then again, it has been difficult to get the arrangement through political methods. Its financial status depends on the oil and gas. They likewise have wonderful sanctuaries, which go about as the vacation destination. It has figured out how to utilize plentiful common assets, also for mechanical fuel (Murphy 2014, p. 42). The nation has an entrenched framework, and advancement of banks, retail shops, and genuine homes, however the best test is the budgetary emergency. The financial development has developed from 2006 to 2008 preceding dropping somewhere near 3.7% in 2010. The monetary status experience quick development with utilization of the accessible common assets, yet it has been influenced by defilement (Schmidt 2009, 15). Be that as it may, straightforwardness is the key of the country and it is positioned 134 among the 178 countries that training debasement, however the country has attempted to diminish th e bad habit. Socially, Azerbaijan has gone worldwide, and could win the Eurovision tune challenge in the national wide music rivalry (Murphy 2014, p. 20). For an organization to go worldwide it needs to investigate the outside business sectors and comprehend the main considerations that may influence the activity of the new item. One procedure of understanding the idea of a nation is to do PESTEL or PEST examination, which comprises of the

Thursday, August 6, 2020

The SIPA Pan-African Network (SPAN) COLUMBIA UNIVERSITY - SIPA Admissions Blog

The SIPA Pan-African Network (SPAN) COLUMBIA UNIVERSITY - SIPA Admissions Blog Abibata Shanni Mahama, a second year student from Ghana, contributed the following post. ________________________________ The SIPA Pan-African Network (SPAN) is a student group at SIPA. It is geared toward the professional development of its members. It creates an informal community and provides a platform for students interested in the economic, political, and social development of Africa and its Diaspora.   It represents SIPA students from a variety of interests and disciplines (economic and political development; human rights; economic policy; environmental policy; security policy; and media to name a few), as well as from a variety of ethnicities and countries from around the globe. SPAN hosts programs aimed at improving and building the African continent throughout the academic year.  Apart from these activities SPAN also holds social events such as parties outside campus twice a semester, mostly in downtown New York where students are able to partake in the nightlife of the city.  Some of these parties and events occasionally involve the African Business Club (ABC) from the Columbia Business School and the African Law Students Association (ALSA) from the Columbia Law School. This demonstrates how SIPA students are able to interact with other students from different fields who may even come from the same countries. Networking is a strong element in working with these clubs. Apart from entertainment, SPAN also does the following: Organizes the annual flagship event the African Economic Forum held in the spring, exploring various themes in the economic, political and social development of Africa.   Ensures and shapes the presence of African Studies at Columbia through the ‘Moving Africa Forward Initiative’, by incorporating student voices in an on-going dialogue.   Works with the Columbia University administration to increase enrollment of students from Africa and the Diaspora at Columbia, and to improve the curriculum offerings for classes on Africa and its Diaspora.     Sponsors social and cultural activities, diversity awareness, and empowerment efforts around issues pertaining to and in celebration of the rich historical and cultural heritage of Africa and its Diaspora. You can find the SPAN Web site here.

Tuesday, June 23, 2020

The Legal Obligations of Parties in Various Business Transactions - Free Essay Example

Introduction Law provides the framework for the regulation of business relationships and hence is imperative for any business activity forming an important part of business environment. In the given assessment the interplay of law and business has been is depicted while analyzing the legal obligations of parties in various business transactions. Task 1 Sole trading Sole trading is where a person starts his personal business without any collaboration with others. Fewlegal formalities to operate the business in sole trading and the owner hastotal controlover the business and hence he gets the entire profit. In order to set up as a sole trader one must register with the HM Revenue Customs (Elearn,. 2000). Partnership In UK it is governed by the Partnership Act of 1890. Section 1(1) of the Act defines it as à ¢Ã¢â€š ¬Ã‹Å"the relationship between two or more people with the aim of profit Companies A company, as an artificial person (Elearn, 2000), is able to act only through its agents. The registration and establishment of a company is governed by the Companies Act of 2006. Section 9 of the Act provides that the memorandum of association must be delivered to the registrar together with an application for registration of the company. Section 4 of the Act provides for public and private companies. Private Limited Companies Private companies have Ltd after their name. They are typically smaller than public companies. Shares in a private company can only be bought and sold with permission of the Board of Directors, hence shareholders have limited liability. Public Limited Company A public company can sell shares to the public and to financial institutions and have their shares traded on the Stock Exchange. In order to create a public company the directors must apply to the Stock Exchange Council (Dennis M. Daley, 2011). Franchising A franchise grants permission to sell a product and trade under a certain name in a particular area. The person taking out the franchise puts down a sum of money as capital and is issued with equipment by the franchising company. Franchise contracts need to comply with general principles of contract law and take account of Data Protection Act, Unfair Contract Terms Act, Sales Agency Regulations, Transfer of Employee (on transfer of business) Regulations, Third Party Rights Act. The main areas of legislation that affect businesses are: Employment law- It aims at protecting the health, safety and rights of employees. The law governing employment in UK comprises of Disability Discrimination Act, 1995; Employment Rights Act, 1996, Sex Discrimination Act 1975, Race Relations Act 1976, Employment Protection Act 1978, etc. Consumer Protection- It aims at making sure that businesses act fairly towards their consumers especially since consumers are sometimes in a much weaker financial position (Elearn, 2000). Consumer Protection issues are dealt with when complaints are made to the Director-General of Fair Trade which is investigated by theOffice of Fair Trading. Competition law- It aims to ensure that fair competition takes place in each industry (Elearn.,2000). TheCompetition Act 1998and theEnterprise Act 2002are the most important statutes relating to competition law. Task 2 This is the case of family loan, a financial debt a person owes to a relative. In the majority of cases, the agreement is extremely informal with no contract or interest. As the contract between Asma and her brother complies with the basic requirement of contract under English Law, she has an obligation to pay. Since Gavin has promised to pay Asma  £200 for her work after the work was done, he can refuse to pay it later and Asma has no claim over it. This is because a promise cannot be based upon consideration that was provided before the promise was made (Jerome C. et el, 1908). As Franz has engaged Asma to organise a NAZI themed party where the uniforms and symbols expressing racial bigotry would be used which would be against public policy, Asma can avoid the contract. Pearce v Brookes(1866) LR 1 Ex 213, A contract ispactum illicitumif its object is or entails the commission of a crime or a delict; if its purpose is in other respects immoral or if it is detrimental to the national interest or contrary to public policy. The contract between Franz and Asma will be against Public policy as it will promote racism. Hence, Asma can discontinue her services. Although the effect of a void contract is to put the parties to the position in which they were before they entered the contract, Franz but he has no claim over the deposits he made to Asma and hence she is not bound to return it. In the given illustration since the contract expressly provided that à ¢Ã¢â€š ¬Ã…“prompt payment of instalments is of the essence to the contract and failure to comply would entitle Pulse Plc to terminate the agreementà ¢Ã¢â€š ¬Ã‚  (Jerome C. et el 1908),. Therefore, the failure to pay the third, fourth, and fifth instalments timely and the sixth becoming six weeks overdue, amounts to a breach of condition by Asma. Therefore, the termination of the contract by Pulse Plc is valid. It is an established principle that the following constitute a repudiatory breach of contract justifying termination at common law[1]: (1) a breach of condition (as opposed to warranty); (2) a refusal to perform, known as renunciation; and (3) a sufficiently serious breach of an intermediate/innominate term. The present case deals with breach of condition. If any term of the contract qualifies as a condition, i.e. a vital term, then breach of it, the contract can be terminated. Provided the term is a condition, the innocent party will be entitled to terminate the contract, no matter how minor the consequences of the breach. Prompt payment of the instalments was a condition in the contract and not a warranty, therefore, Asma can be sued for breach of contract by Pulse Plc. Moreover, since it was expressly mentioned in the contract, the right to terminate has arisen pursuant to a clause in the contract itself and therefore, Asma can be sued for the breach of it. Task 3 A basic overdraft facility is offered by all major Banks in theUK. However, whether this facility is offered free ofinterest or is subje ct to an average monthly balance figure or is at the banks overdraft lending rate, varies from bank to bank, A customer is said to be overdrawn without authorisation when he/she exceeds their authorized overdraft limit. This results in the customer being charged one or more fees, together with a higher rate of lending on the amount by which they have exceeded their authorized overdraft limit. This practise of charging fees on a daily basis by the Banks is sometimes considered to constitute unfair terms. The Office of Free Trading found that banks earn around a third of their personal current account (PCA) revenues from unarranged overdraft charges (UOCs) that are difficult to understand, not transparent and not subject to effective customer control. The principal issue to be decided by Andrew Smith J. in the OFT v. Abbey National [2009] UKSC 6 was whether the relevant charges were subject to the fairness test under UTCCR. Andrew Smith J. held that the relevant terms were in plain intelligible language except in certain specific and minor respects. The banks did succeed in establishing that the charges were not unenforceable penalties at common law. On appeal to the Supreme Court, the decision was again in favour of the banks. The Supreme Court had to decide not whether the banksà ¢Ã¢â€š ¬Ã¢â€ž ¢ charges for unauthorised overdrafts were fair but whether the OFT could launch an investigation into whether they were fair. The Court held that UOC are subject to the test of fairness. Therefore, the terms that provide for these charges do not represent unfair terms. All that is required is the terms must be fair. The current proposals for reform of unfair terms in contracts legislation are:- The law must be simplified because it is often criticised for its complexity. To be à ¢Ã¢â€š ¬Ã…“transparentà ¢Ã¢â€š ¬Ã‚  a term must be (1) in plain, intelligible language; (2) readily available to the consumer; To be à ¢Ã¢â€š ¬Ã…“prominentà ¢Ã¢â€š ¬Ã‚  a term must be presented in such a way that the average consumer would be aware of the term. The more unusual or onerous the term, the more prominent it needs to be. The Department for Business, Innovation and Skills should hold discussions with the Office of Fair Trading and other regulators about the mechanics of preparing guidance. Subject to these discussions, it should ensure that in deciding whether a term is transparent or prominent, the courts may have regard to guidance. The legislation should specifically state that terms on the grey list are assessable for fairness. The price/main subject matter exemption should be read subject to this provision. The legislation should state that terms of the grey list are assessable for fairness, unless they are exempted by other provisions of the legislation. Task 4 The possible claims of nuisance that may be brought against Victor are:- Ursula, who owns a manor nearby can claim nuisance against Victor as the peace of Sunday has been ruined by the noise and activity due to Victorà ¢Ã¢â€š ¬Ã¢â€ž ¢s activities. She is no longer able to host lavish Sunday lunch parties as her dining room looks straight onto the field with the result that the visitors to the car boot sale could stare at her and her friends as they sit at the table. She can bring a claim for private nuisance against Victor.Nuisance is indirect and unreasonable interference with the enjoyment of property. Moreover because a number of visitorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ cars park on the grass verges outside the villagersà ¢Ã¢â€š ¬Ã¢â€ž ¢ houses due to Victorà ¢Ã¢â€š ¬Ã¢â€ž ¢s business and one resident, Dennis, has frequently been unable to visit his grandchildren in the neighbouring village because of the cars parked in front of his drive, he can also bring an action for private nuisance against him. Since the villagers of Alverstoke are also upset due to the volume of traffic generated by the car boot sale and because one street in the village is blocked for most of Sunday, they can bring a claim for public nuisance against Victor. Public nuisance has been defined inAttorney-General v PYA Quarries Ltd, (1957) 2 QB 169, every person is guilty of an offence at common law, known as public nuisance, who does an act not warranted by law, or omits to discharge a legal duty, The possible claims that might be brought against Moira are: As she has set up a Sausage and Burger Bar in a caravan which is permanently parked just outside the entrance to the field. The members of the locality can bring an action for nuisance against her. Nat and Olive who have rented a cottage to the entrance so that Olive, could finish her latest novel in the peace and quiet of Alverstoke, have complains about the noise and particularly the smell of frying onions from the burger bar. They too can bring an action for private nuisance. However, this cannot be concluded decisively as they do not own the house. This is because nuisance is unreasonable indirect interference with the use of oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s property. But since Nat and Olive had rented the cottage and it was under their control they can bring an action against Victor. The bursting of large drums of cooking oil which resulted in the oil trickling into a stream in Victorà ¢Ã¢â€š ¬Ã¢â€ž ¢s field which flew into a lake in the grounds of Ursulaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Manor, affecting it badly and killing all the fish stocked in the lake by her, will make Moira liable for negligence. This is because Moira stored the large drums of cooking oil outside the caravan, and went out for shopping. The sunà ¢Ã¢â€š ¬Ã¢â€ž ¢s heat caused one of these large drums to burst resulting in the damage. This is a case of negligence as Moira had a duty to take care and she committed a breach of that duty. According to the principle of taking reasonable care in order to avoid injury to the neighbour laid down by Lord Atkin in Donoghue v Stevenson [1932] UKHL 100, Moira had a duty to take care. Since Moira had a reasonable duty to take care which she breached resulting in damage, she is liable for negligence. REFERENCES D. Bannister, A.P. Brown, B. Dormand, (1980), The Effectiveness of the Major Clearing Banks in Attracting New Accounts: A Case Study, Managerial Finance, Vol. 5 Issue 3, pp. 277 285 Dennis M. Daley(2011) Performance Appraisal in the Public Sector: Techniques and Applications, California: ABC-CLIO at p. 80. Elearn (2000). Business Environment, Burlington: Pergamon Flexible Learning, at p. 96. Jerome C. Knowlton, William Reynell Anson (1908). Principles of the English law of contract and of agency in its relation to contract, Chicago: Callaghan and company at p. 120. Matti Siemiatycki (July 2011), Public-Private Partnership Networks: Exploring Business-Government Relationships in United Kingdom Transportation Projects, Economic Geography Journal, Vol. 87, No. 3 (July 2011)at pp. 309-334. Spencer, J. R. (1989). 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