In Favor of Gay Marriage Essay - 525 Words

In the twentieth century, America has undergone vast changes in family styles. Because of the increase in many gays and lesbians speaking out, we see a new emphasis on the word family. Many gays and lesbians have decided to come out of the closet shaking up an issue that has made a ruckus between Americans (Carey 2). We find that the Defense of Marriage Act states that marriage should be between one man and one woman for federal purposes; but is this fair? The United States was founded on the belief of equality, loyalty, and justice for all. The phrase for all means for everyone; not everyone besides gays and lesbians. One issue that has struck Americans is that gays and lesbians want to adopt children and start a family. If gays†¦show more content†¦(Stone 4). There are many ways that gays and lesbians have found to adopt children which are: adoption, same-sex adoption, second parent adoption, co-parent adoption. Many states recognize adoption rights for same sex marriage, but it is not a law for states to recognize it. People against same-sex marriage argue that it is unhealthy for a child to have parents of the same sex. They believe that children should have a role model of a woman and a man in their lives. Studies show that children raised by homosexual parents are not disadvantaged in any significant respect relative to the children of heterosexual parents...none of the studies support the claims that children ...will have serious emotional, intellectual, or social development problems because of their parents sexual orientation (Wald 5-7). Gays and lesbians also face the issue of rights when their spouse dies. Even in cases where wills are present, family members have sued for burial rights, property etc., on grounds of dementia or undue influence (Demian 2). There have been many cases were gay or lesbian partners had no input on medical decisions for their significant other. Many states have overlooked the issue of gays and lesbians hoping to let the issue become silent. Vermont is the only state making progress to allow gays and lesbians to wed. The state has granted full equal rights to married couples regardless of gender (Landmark 2). AmericansShow MoreRelatedGay Marriage1280 Words   |  6 Pagesburrows, but flamboyantly celebrate their identities. The gays are now a people willing and ready to be heard. It has come to all of our attentions that in the light of marriage they have been depraved and deceived. Homosexuals cannot allow this persecution to continue, as they are constantly forfeited equal rights. The arguments are of lifestyle differences and the legalized discrimination of these people. It encompasses same-sex marriage as a cause worth fighting and defending so that we all mayRead More210243 gay marriage Essays999 Words   |  4 Pagesï » ¿ The Controversies Surrounding Gay Marriages: How Much the Fabric of Society Can Withstand Student’s name: Institution: Abstract The issue of gay marriages has been discussed for quite a while from a number of perspectives; however, its economic aspects are rarely touched upon. In their article Firms balk at gay weddings, Nathan Koppel and Ashey Jones shed some light on the controversy surrounding the provision of services regarding the arrangement of same sex weddings from the perspectiveRead MoreEssay on The Bond of Marriage1166 Words   |  5 PagesThe Bond of Marriage The argument to allow gay couples to marry has been a debatable topic for many years. The authors, Andrew Sullivan and William Bennett have conflicting beliefs to whether gay marriages should be permissible. Sullivan expresses his opinion of the right gays have to marry in his article â€Å"Let Gays Marry.† Bennett retaliates with his own article opposing gay marriage. His article â€Å"Leave Marriage Alone,† relates his view that same-sex marriage is wrong and unethical.Read MoreGay Marriage Should Be Legalized Same Sex Marriage931 Words   |  4 Pagesright to marriage for same-sex couples in the state† (Jost, Gay Marriage Showdowns). However, there were people who opposed same-sex couples being allowed to marry and Proposition 8 was soon after introduced. Proposition 8 would be presented on ballots later that year and would amend the state constitution legalizing same-sex marriage and allow only for a man and a woman to be married (Jost, Gay Marriage S howdowns). However, California was not the first state to allow same-sex marriage. In 2003Read MoreThe Issue Of Immigration And Gay Rights1034 Words   |  5 Pageswell as throughout the world is immigration and gay rights. Today, many immigration and gay rights issues have arisen in numerous cases and have had controversial sides and opinions The issue of immigration has been a controversial topic between the Democratic and Republican parties. The idea of illegal immigrants having the choice to become a legal resident is a major distinction between the two parties. In general, Democrats are seen to favor immigration to the United States. The DemocraticRead MoreThe Issue Of Same Sex Marriage1664 Words   |  7 Pages(1928-45) is more in favor of same-sex marriage. The primary component here is that â€Å"younger generations express higher levels of support for same-sex marriage† (Mitchell). As far as reflecting the change in attitudes, the data shows that older generations â€Å"have become more supportive of same-sex marriage in the past decade† (Mitchell). In relation to Lewis and Gossett’s research, their research aligns in their claim that people â€Å"born in each decade tend to be more accepting of gay relationships andRead MoreThe Debate On Marriage And Parenting Rights For Gay And1673 Words   |  7 Pagesdebate on marriage and parenting rights for gay and lesbian individuals has been one of the most hotly contested social issues in recent history. While many arguments are cited to prevent gay couples from enjoyin g equality, these arguments ultimately condense to concerns rooted in homophobia. Opponents of the LGBT community contend that same sex parenting contradicts the natural order of the world, subjects children to unnecessary societal stigma, and that the state has a right to favor heterosexualRead MoreHow Is Marriage Defined?1054 Words   |  5 Pages How is marriage defined? Any of the diverse forms of interpersonal union established invarious partd of the world to form a familial bond that is recognized legally, religiously, or socially, granting the participating partners mutual conjugal rights and responsibilities and including, for example, opposite-sex marriage, same-sex marriage, plural marriage, and arranged marriage. Sadly many religions still will not accept same sex marriage. A ruling by Massachusetts highest court that prohibitingRead MoreEquality for All: Gay Marriage Essay1430 Words   |  6 Pagesâ€Å"below the majority† were usually victorious. With that said, there is an inevitable future for the homosexual community to be eventually equal to everyone else. The question remains, what justifies the right for a gay couple to have the same benefits as a heterosexual couple? Gay marriage has been a wide spread issue for quite a bit of time and multiple arguments have been made as to why it should not occur, but none of them stand valid against rights provided by the constitution. Many individualsRead MoreGay Marriage Should Be Legal1019 Words   |  5 PagesIn Defense of Gay Marriage Right now our country is still dealing with one of the bigger social issues that plagues our society. People will argue for and against it in many different ways, whether it be right or wrong. The issue at hand is whether gay marriage should be legal or illegal. There are arguments on both sides of the spectrum, but at the end of the day gay marriage should be legal in all 50 states. Marriage is a right and freedom that should not be denied to any one person because of

Exclusion clauses in contracts - Free Essay Example

Sample details Pages: 4 Words: 1215 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: Act Essay Contract Law Essay Did you like this example? The issue is whether the exclusion clause Coaches Ltd intends to rely on was incorporated into the contract, and if so whether it is effective in excluding Coaches Ltdà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability. The first point is thus whether the exclusion clause was expressly incorporated into the contract. The clause was printed on the back of the invoice sent to Chelsea Ltd after the telephone booking. As the contract was oral and took place over the telephone, this means that the clause was not expressly agreed to by the parties at the time of making the contract, and it is trite law that a party cannot later unilaterally alter the terms of the contract: Olley v Marlborough Court [1949] 1 KB 532. However, the clause may have been incorporated into the contract at the time the contract was made impliedly. The relevant form of implied incorporation here is implication by course of dealing. For this to be established, three requirements must be met. The first is that there must be a course of dealing which was both consistent and regular: McCutcheon v David MacBrayne Ltd [1964] 1 All ER 430. In McCutcheon there had been dealings between the parties on four occasions prior to the one before the court, and the House of Lords found that this was an insufficiently consistent and regular course of dealing to imply a term into the contract. On the other hand, in Hardwick Game Farm v Suffolk Agricultural Poultry Producers Association [1969] 2 AC 31 there had been three or four dealings a month between the parties over a period of three years, totalling roughly one hundred dealings, and this was found to constitute a course of dealing sufficiently consistent and regular to warrant the implication of a term into the contract. Finally, in Hollier v Rambler Motors (AMC) Ltd [1972] 2 QB 71 there had been three or four previous dealings between the claimant and the defendant garage over the course of five years. Of these, only in two had the claima nt been asked to sign an invoice at the bottom of which the clause in question was printed. The Court of Appeal held, following McCutcheon, that the course of dealing was insufficient to justify the implication of the term into the contract. We are told that Chelsea Ltd had hired a coach from Coaches Ltd à ¢Ã¢â€š ¬Ã…“without any problems for the last few yearsà ¢Ã¢â€š ¬Ã‚ , but we are not given sufficient information to establish, following the cases cited above, whether the course of dealing was sufficiently consistent or regular. The second requirement is that the document in question must have reasonably been expected by the parties to have contractual effect: Chapelton v Barry Urban District Council [1940] 1 KB 532. It could be argued that the invoice in the present instance was not a document which the parties would reasonably have expected to have contractual effect, particularly if the price was agreed over the phone, which would point towards the invoice being a m ere post-contractual receipt. This would result in the clause not having been expressly incorporated into the contract: Chapelton (above) and particularly Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163. On the other hand, the document could have contractual effect if, for example, the telephone agreement was subject to the invoice, which had to be signed and returned to Coaches Ltd. Tied in with this is the third requirement that the clause in question must have been reasonably brought to the attention of the other party: Thompson v London, Midland Scottish Rly Co [1930] 1 KB 41. What is reasonable will depend on the content of the clause, as per Lord Denningà ¢Ã¢â€š ¬Ã¢â€ž ¢s famous à ¢Ã¢â€š ¬Ã…“red hand ruleà ¢Ã¢â€š ¬Ã‚  comments in J Spurling v Bradshaw [1956] 1 WLR 461. We are told that the clause was written on the back of the invoice sent to Chelsea Ltd. It is unclear whether there was any reference to the clause on the front of the invoice, or whether Chelsea L td was required to sign the invoice or in any way take notice of it, or whether it was a mere receipt: whether the clause was reasonably brought to the attention of Chelsea Ltd would depend on these facts. Consequently, it seems that there are grounds to argue that the exclusion clause was not successfully incorporated into the contract, and that Coaches Ltd should therefore not be allowed to rely on it. However, supposing for the sake of argument that the clause had been incorporated into the contract, the second issue to be considered is its validity and effectiveness. The clause in question purports to exclude all liability for (i) personal injury and (ii) damage to customers or their belongings howsoever caused, and the two limbs will be considered separately. Section 2(1) of the Unfair Contract Terms Act 1977 (à ¢Ã¢â€š ¬Ã…“the Actà ¢Ã¢â€š ¬Ã‚ ) precludes a party from relying on a term or notice to exclude or restrict liability for death or personal injury cause d by negligence (as defined in section 1(1)). Consequently, the first limb of the exclusion clause falls foul of this provision in relation to the purported exclusion of liability for personal injury caused by negligence, and is therefore void in this respect and cannot be relied on by Coaches Ltd. On the other hand, section 2(2) of the Act allows a party to rely on a clause excluding or restricting liability for damage other than death or personal injury caused by negligence, but only in so far as the clause is reasonable. The reasonableness test is set out in section 11(1), and is that the term must be one which it was fair and reasonable to include, having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made. It is for Coaches Ltd to show that the clause is reasonable: section 11(5). Following the Court of Appeal decision in Stewart Gill Ltd v Horatio Myer Co Ltd [1992] QB 60 0, the clause cannot be severed by the court, and must be taken as a whole when considering reasonableness. As discussed above, the first limb falls foul of the Act, and this points very strongly towards the whole clause being unreasonable and therefore void. Further, liability is purportedly excluded rather than limited, and the clause is very broadly drafted, further factors which point towards unreasonableness. Finally, it should be noted that even if the clause were valid, it must cover the specific damage in issue to protect the defendant from liability. The approach adopted by the courts in construing exclusion clauses is contra proferentem, i.e. clauses will generally be construed against the party relying on it. However, recent cases such as McGeown v Direct Travel Insurance [2003] EWCA Civ 1606 suggest that the strict approach adopted in decisions such as Andrews Bros (Bournemouth) Ltd v Singer and Co Ltd [1934] 1 KB 17 has now been relaxed, particularly in view of the m odern approach to interpretation laid out in Investors Compensation Scheme v West Bromwich Building Society [1998] 1 WLR 898. In conclusion, it is doubtful whether the clause was incorporated into the contract, and in any event the Act if very likely to prevent its operation. BIBLIOGRAPHY Chitty on Contracts, 29th ed., Sweet Maxwell, 2004 Dobson, Charlesworthà ¢Ã¢â€š ¬Ã¢â€ž ¢s Business Law, 16th ed., Sweet Maxwell, 1997 Keenan and Riches, Business Law, 7th ed., Longman, 2004 McKendrick, Contract Law, 6th ed., Palgrave, 2005 Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Sullivan Hilliard, The Law of Contract, 2nd ed., Oxford University Press, 2006 Don’t waste time! Our writers will create an original "Exclusion clauses in contracts" essay for you Create order

Child Hunger Free Essays

Ending Child Hunger in America Studies prove that children that do not have enough food to eat do not do as well in school, they are likely to be sick more often, they are less likely to graduate high school – which in turn will keep them from going to college and in turn will have a negative Impact on their economic future. If these things happen then In the future that child will have a harder time providing for their children, thus causing a cycle In the effects of hunger. For this reason, It Is our duty as a society to do everything we an to ensure that these children have the resources available to them so that they can have the tools they need to prepare themselves to be functioning members of society In adulthood. We will write a custom essay sample on Child Hunger or any similar topic only for you Order Now There are currently more than sixteen million children In America whose families struggle to put food on the table – that’s one In five children In America. That number is astonishing. Millions of children In America are on free or reduced lunch plans at their schools; this allows them to have nutritious meal while at school. But what happens when they go home? What happens during the summer when kids are out of school for several months? Only one in seven children on free or reduced lunch plans receives summer meals. What happens to those other six children – who ensures that they have enough food to eat? The solution is simple – we need to end child hunger in America. There are many ways to do this. First, there are church programs locally that offer summer and weekend home meal plans to children that are on free and reduced lunch plans. One such church is Midtown Church in Benton, Arkansas. They’re program, known as the â€Å"Backpack Ministry† helps to provide weekend meals and snacks to children throughout the community who otherwise would not have anything to eat. Secondly, these types of programs should be better advertised and more easily accessible to those who need them. Access to programs is of utmost importance when ending child hunger. Next, education is vital – the parent’s of these children must learn and understand the effects that hunger can have on their children. They must be educated on good food hoicks for their children and what the best things they can give them are. They need to know where to go to get connected to the right people that can help them find access to these programs that are designed to end child hunger. Spreading awareness of child hunger can ago long way. If the public has knowledge of what the numbers look like in the world of child hunger, they would be more likely to take action. The public has a greater power than they realize – people have the power to promote change. How to cite Child Hunger, Papers

Franchise Marketing for Upper House Legislators - myassignmenthelp

Question: Discuss about theFranchise Marketing for Upper House Legislators. Answer: Background The utterance of the word Senate, the collaboration of Upper House legislators in the Parliament can be attached. The characteristics of this group are skilled and experienced, as the decisions undertaken are of higher level and standards. As a matter of specification, the senate committee members undertake decisions on various subject matters. However, this assignment focuses on the exploitation of the workers possessing temporary visa. As a matter of specification, the issue of exploitation is indeed a matter of disgrace for a nation. In this crisis, the recommendations made by the Senate officials are a ray of hope for these workers. Countering this, the discussion, by shedding light on the pros and cons of franchising code of conduct in the workplace, measures the effectiveness of the phrase ray of hope[1]. Insight into the workplace aspects for franchisees In the workplace, the presence of code of conduct is a must in order to maintain order, harmony and decorum. Along with this, it guides the personnel to expose proper behavior for the enhancement of professionalism. This is applicable for each and every workplace. However, in case of the relationship between the franchisor and franchise, the code of conduct attains an important position. This is in reference to the situational conflicts, which arises between the parties due to difference of opinions. Delving deep into the process, companies and organizations hire franchisees in order to distribute the business operations equally, so that the projects at hand can be completed successfully[2]. Here, mere allocation of the franchisees does not serve the purpose. Efficient management techniques need to be applied for keeping a track of the performance and progress of the allocated tasks. Legislations are an important document for the companies and organizations in terms of avoiding the unwanted instances of crisis. Adherence and compliance to the code of conduct is crucial, for the franchisees, in terms of maintaining transparency in the business operations. One of the most important legislation in this direction is Fair Work Act (2009). The adjective fair relates to the possession of written drafts regarding the hiring of the franchisors and the responsibilities entrusted to them[3]. Absence of this draft makes the franchise marketing invalid, compelling the companies and organizations to encounter courtly interventions. This stains the reputation. Prior to indulging in contracts, both the franchisor and the franchise accept the terms and conditions by signing in a form, the written draft of which is preserved by the marketing personnel of the company. As a sequential step, a report is produced to the managers and board of directors regarding the acceptance of the offer of contract. In response of this, the higher authorities send an approval of the attached draft. This needs to be preserved as a record and evidence for averting any illegal instances. In spite of these evidences and records, companies and organizations indulge in illegal activities, especially in the contracts[4]. Difference of opinion has resulted in the advent of hostility between the personnel including the franchise and the franchisor. This has compelled the Senate members to recommend that in case of any violations in the code of conduct, the franchisor holds the right to fire the franchise agreement without any prior notice. However, there has to be valid grounds for this firing, absence of which questions the consciousness of the franchisor towards the activities, in which he indulges. Pros and cons of the proposed recommendation The first reading of the recommendation generates positive feeling in the minds of the readers. This is in reference to an assurance regarding revealing the indulgence into illegal activities. The major drive behind this is the word review. Review can be correlated to the courtly investigations, which itself discovers the violation of the code of conduct[5]. The aspect of termination is a matter of serious concern, as it puts the employment of the franchisees at stake. Neglecting the statements of the code of conduct is a disgrace for the companies and organizations in terms of reputation and status. In view of this connotation, the employment of the personnel attains a negative connotation. Another issue in this is the reasonable grounds for firing the franchise agreements. Countering this, agreement attains an important position in terms of the relationship between the franchisor and franchisees. This agreement is the evidence and proof of indulging in partnerships by both the parties. Rejection of the offer makes the contract invalid. Countering this, rejection of the offer does not result in the formation of contracts. If one of the parties accepts the offer and deviate from the terms and conditions, it is one of the reasonable grounds, which results in terminating the franchisees and the agreement stating their partnership in contracts[6]. There are various standards of performing the franchise contracts. Mainly these contracts occur on a state level. Within this, the government officials of law issues license for the companies to indulge into contracts such as franchisees. Adherence and compliance to the legal legislations and applying for the license is one of the positive aspects about the contractual agreements. Revealing conscious approach towards this adherence contradicts the aspect of termination in case of the franchise agreements. On the contrary, violation of the code of conduct or committing breaches in the contracts acts as a threat for the companies and organizations in terms of continuing their business operations in a legal format[7]. Herein lays the appropriateness of the aspect of cons. Taking cue from the reasonable grounds, absence of Franchise Disclosure Document (FDD) aggravates the complexities of the companies in terms of legal considerations. This absence indicates disobedience towards the laws prescribed by the state for legal execution of the business operations. Moreover, this absence is the negation of the experience and orders of the Federal commission members, which puts the employment of the higher authorities at stake. These instances contradict the true essence of the fairness, which is evident in the name of the legislation, Fair Work Act (2009)[8]. In view of this contradiction, the aspects fairness and work cannot be placed in the same alignment. Here, the legislation is nullified, which makes the discussion invalid. However, the aspect of termination generates positive vibes in this negative ambience. Termination, at the first instance, projects tragic plight of the franchisees. However, termination of the franchise agreements is not a matter of serious concern as it can be created a fresh. Countering this, the renewal process is time consuming and complicated, which needs stable financial conditions. To make the terminations reasonable, the franchisors need to be skilled and efficient. The evidence of this fact lies in sending justifications to the higher authorities regarding the terminated franchise agreements[9]. Inability to send these drafts excavates the inadequacy of the franchisors in terms of indulging into contracts after a thorough review of the terms and conditions. Pondering upon the aspect of notice, it is an intimation towards the other party regarding the steps undertaken by the first party for fulfilling the terms and conditions of the contract. In case of discovery regarding indulgence in illegal activities, not giving notice and terminating the franchise agreement is legally accepted. Warning can be issued to the opponent party regarding the modification in their behavioral approach towards the contract. Maintenance of consistency in the negligent attitude validates the aspect of termination without notice. However, certain exceptions are bound to occur within the tenure of the contracts, where termination of the franchise agreements is not at all valid[10]. The next issue of discussion is believe. In most of the cases, it is seen that the personnel lack reality while narrating the instances to the higher authorities. Herein lays the weakness of possessing inadequate skills and knowledge from the perspective of franchisor. The judge needs to reveal rational approach in terms of announcing the verdicts for the violations and breach of contracts. This rationality involves the consideration of each and every aspect starting from indulging into the contracts till the closure of the contracts[11]. Interrogating the personnel, keeping in mind the ethical considerations, proves beneficial for the companies and organizations regarding the unnecessary courtly investigations. The previous sentence contradicts the inner essence of the fairness, which is crucial in terms of attaining large scale customer satisfaction. The word amendment in the recommendation generates hope regarding its speedy implementation. Providing access towards considerations of the merits projected by the companies and organizations is an offer in terms of indulging only in activities, which are legally correct in the eyes of law[12]. Consciousness of the personnel towards adherence of the propositions of the legislations places the pros parameter on a higher pedestal than the cons. This connotation omits the prefix dis from the word disgrace and adds grace and legality to the business operations. References Atwell, Courtenay, and Jenny Buchan. "The Franchise Fulcrum: The Legal System's Contributions to Research about Power and Control in Business Format Franchising."Journal of Marketing Channels21.3 (2014): 180-195. Barreto, Paula Mena, et al. "Good Faith in Franchising."Int'l J. Franchising L.13 (2015): 17. Buchan, Jenny, et al. "Franchisor Insolvency in Australia: Profiles, Factors, and Impacts."Journal of Marketing Channels22.4 (2015): 311-332. Buchan, Jenny. "Deconstructing the franchise as a legal entity: practice and research in international franchise law."Journal of Marketing Channels21.3 (2014): 143-158. Buchan, Jenny. "Government Policy to Support Franchisees."Government, SMEs and Entrepreneurship Development: Policy, Practice and Challenges(2016): 227. Corones, Stephen G.Competition law in Australia. Thomson Reuters Australia, Limited, 2014. Emerson, Robert W. "Franchises as Moral Rights." (2014). Kellner, Ashlea, et al. "We are very focused on the muffins: Regulation of and compliance with industrial relations in franchises."Journal of Industrial Relations58.1 (2016): 25-45. Martin, Paul. "Business law: What's in a name?: Substance is key in franchise agreements."LSJ: Law Society of NSW Journal2.5 (2015): 86. Rahim, Mia Mahmudur, and Iolani Brady. "The Collective Bargaining Authorization Provision for SMEs in the Australian Competition Law: Serving or Distorting a Public Benefit?."Competition and Regulation in Network Industries16.3 (2015): 288-306. Wiseman, Andrew, and Julia Kovarsky. "Australia-Regulatory Reform and Case Law Update."Int'l J. Franchising L.12 (2014): 31. Wright, Owen, and Hume Winzar. "Franchise system investment disclosure: signaling value to prospective franchisees."Asia Pacific Journal of Marketing and Logistics26.3 (2014): 365-377.