Sense And Sensibility By Jane Austen - 1123 Words

Sense and Sensibility was written by Jane Austen in 1811, the novel describes the life of three young sisters after the death of their father. The sisters; Elinor, Margaret, and Marianne Dashwood each are forced to leave their homes with their mother, Mrs. Dashwood, when their father passes and their home is inherited by Mr. Dashwood’s son, from his first marriage, John Dashwood. The young women and their mother vacate the home filled with the atrocious presence of Mr. Dashwood’s first wife, Fanny, and depart to Barton Cottage, the residence of the cousin of Mrs. Dashwood. At the residence, Marianne quickly falls in love with John Willoughby, who lived closely to the Barton Cottage. Shortly after, Marianne becomes aware that John Willoughby was merely a deceitful man who left her to marry a wealthy woman. Meanwhile, Elinor became intrigued with Edward Ferrars, the elder brother of Mr. Dashwood’s first wife. There is a complication when Elinor was informed that Edward was already engaged with another woman, but ultimately Edward proposes to Elinor. Not too long after this engagement, Marianne and Colonel Brandon become engaged as well. The two sisters and their companions find a home at Delaford while remaining in touch with their youngest sister Margaret and mother. Jane Austen wrote many books, but Sense and Sensibility is among one of her most popular novels. Sense and Sensibility revolves around the theme of society and social classes, allowing us insight on the socialShow MoreRelatedSense and Sensibility by Jane Austen1151 Words   |  5 Pagesa man whom I can really love† (Austen 11). This quote in Jane Austen’s novel Sense and Sensibility highlights the main conflict in the novel. Also, it describes how Elinor Dashwood, the main character of the novel feels about love. In this novel social class is important because most of the characters belong to upper-class families. Since there are conflicts with love and social class is of importance in the novel, two of the many themes from Sense and Sensibility include love and wealth. The conflictsRead MoreSense And Sensibility : Jane Austen1354 Words   |  6 PagesSense and Sensibility displays Jane Austen’s careful use of dialogue in maintaining the story; Austen creates scenes that combine moments of important dialogue with forward-moving observations of character, assisting character development and plot without holding up the timeline of the story. With this meticulous combination of dialogue and insight, Austen opens a window into the complex relationships between Willoughby, Marianne, and Colonel Brandon, focusing on two particular moments of discussionRead MoreSense And Sensibility : Jane Austen1182 Words   |  5 PagesSense and Sensibility Jane Austen Jane Austen wrote Sense and Sensibility in the early eighteen hundreds, during a time when it was considered unladylike to be intellectual â€Å"The first edition of Sense and Sensibility was said only to be by a lady. The second edition, also anonymous, contained on the title page the inscription â€Å"by the author of Pride and Prejudice ,† (SparkNotes) only her closest family members knew of her writings. Through her satirical writing she uses comedy to expose a moralRead MoreCivilized, Sense And Sensibility, By Jane Austen1455 Words   |  6 PagesEnjoyable, civilized Sense and Sensibility was the first and one of Jane Austen s novels; she wrote it in 1795, but it was not published for 16 years. It was written by a young woman who ostensibly had little experience of the world - although her fiction proves she missed the little that occurred on her domestic stage - and the story reflects that orientation, as a mother and her three daughters wait passively while all the in teresting men in the vicinity disappear on unexplained missions toRead MoreJane Austen s Sense And Sensibility1562 Words   |  7 PagesJane Austen’s novel Sense and Sensibility, contains many themes common to novels of her time such as class, inheritance, and love. In particular, love is one of the most prominent themes throughout the novel. While the novel features a complex intertwining of multiple characters’ lives, it mainly focuses on that of the two eldest Dashwood daughters, Elinor and Marianne. In particular, our focus is on that of the second to oldest, Marianne. She experiences a whirlwind romance with the dashing JohnRead MoreAnalysis Of Sense And Sensibility By Jane Austen1089 Words   |  5 PagesBooker Period 5 Barbara Walls 4 May 2015 Sense and Sensibility Characteristics Decisions are made on a daily basis, these decisions that we make create different personalities. The decisions that make up our personalities define our caricature. Normally emotion and brain logic are the two most common personality reactions. Through the process of analyzation the type of character a person is can be found. In the novel Sense and Sensibility by Jane Austen there are a number of different charactersRead MoreJane Austen s Sense And Sensibility1616 Words   |  7 Pagesthe workforce and as independents; various female writers paved the way for this sense of respect toward women and an overall female reformation. Although women were mainly acknowledged for their domestic role in the home and their social role as secondary to their husband, Jane Austen’s Sense and Sensibility illustrates the fullness of female capability while breaking the captive social role of women in this time; Austen accomplishes this through contrasting the traditional view of women and a reformedRead MoreJane Austen s Sense And Sensibility983 Words   |  4 PagesJane Austen’s Sense and Sensibility takes a critical look at the limitations women possessed at the turn of the eighteenth century. Consequently, the success of a woman was entirely dependent on a man. In the novel, the main protagonists represent these two persuasions of thought. Elenor Dashwood, the eldest daughter in the Dashwood household, portrays sense. In contrast, her younger sister, Marianne Dashwood represents sensibility. The dichotomy of the title carries historical significance in aRead MoreJane Austen s Sense And Sensibility1467 Words   |  6 PagesJane Austen s Sense and Sensibility is often read as two sisters who represent either sense or sensibility. In Ang Lee s cinematic adaptation of the book, there is obvious preference to the value of emotions, of the heart, and this approach lends an interpretation of what is otherwise left unanswered in the book. From the onset of Sens e and Sensibility, Elinor is characterized by her â€Å"coolness of judgment† and her overall ability to use her sense to the benefit of the Dashwoods. (44) MarianneRead MoreJane Austen s Sense And Sensibility1521 Words   |  7 PagesJane Austen is an English romantic novelist whose books emphasize the significance of strong sibling relationships. Her novel Sense and Sensibility tells the story of two sisters, Elinor and Marianne Dashwood, who experience great love and lost. Throughout the novel, Elinor and Marianne encounter challenges, which alters each of them, and these individu18al changes transform their sisterhood. Elinor and Marianne are close in age and are both educated, but their difference in character causes opposition

Christmas Tree Analysis - 1402 Words

In Ibsen’s play A Doll’s House, the Christmas tree parallels with Nora’s development, her mental state, and position in the household. The tree can be recognized as an object placed in a house to please the eyes and adds beauty to a home. Torvald objectifies Nora, seeing her as a plaything carrying no purpose other than to look at and be pretty. As the play continues and Nora develops into a mature character and becomes aware of her repression, the Christmas Tree begins to visibly deteriorate and wither. The Christmas tree emphasizes Nora’s rebirth and realization of her own dissatisfaction with life and must act against Torvald. The disintegration of the tree also parallels the disintegration of the decorations (pretty dresses) Nora uses†¦show more content†¦Early on in the play, Nora’s deceitful and immature character parallels to the tree’s youthful condition and as the play progresses, Nora will begin to mature with the tree and as the lies will be revealed. Nora serves only to entertain Torvald and does not realize Torvald sees her as nothing but a little doll to play with. Nora ironically points out: â€Å"We shall have a lovely tree—I’ll do all the things you like, Torvald, I’ll sing and dance.† Right after Nora mentions the tree, she willingly goes along with her role as a submissive female and this represents her initial characterization which will then develop to her rejection of her submissive role. Throughout act 1, Nora repeatedly decorates the tree with ornaments and decorations: â€Å"Nora decorates the tree, still talking to herself, saying everything Krogstad has said is nonsense†¦Ã¢â‚¬  Nora’s act of decorating the tree parallels to the standards society has for women to cover themselves in pretty clothes and makeup. Nora’s continuous decorating also represents her secrets and deceit and the lies she tells herself about her ‘stable’ marriage. In the quote, Nora r ejects what Krogstad has said and refuses to accept the truth, representing her childish behavior and her inability to face her problems, choosing to hide them with pretty decorations instead. Nora’s character development and maturity begins after Nora has been confronted by Krogstad and Torvald for being a â€Å"lying mother.† InShow MoreRelatedSymbolism In Ibsens A Dolls House1187 Words   |  5 Pages Examples of symbolism in the play include the Christmas tree, the images of the stove, macaroons, visiting cards and lighting lamb. Perhaps Ibsen s play is one of the plays from the 19th century which is highly celebrated for the use of symbolism (Literature Resource Center Database). The symbolism provided in the play makes it possible for the reader to interpret it beyond the words and get the deeper connotation embedded in the actions. Analysis of Symbolism in the play A Doll House One of theRead More Symbolism in A Doll’s House Essay949 Words   |  4 Pagescharacters. Henrik Ibsen’s use of symbolism such as the Christmas tree, the locked mailbox, the Tarantella, Dr. Rank’s calling cards, and the letters allows him to give a powerful portrayal to symbolize aspects of characters and their relationship to each other. The Christmas tree in itself is symbolic and it means the play takes place during Christmastime. Ibsen uses Christmas tree to mainly construct the character of Nora. The Christmas tree symbolizes the feelings of Nora. At the start of theRead MoreWe Must Be A Little Play Movie1858 Words   |  8 Pagesjust about trying to absorb a lot of new ideas from you. John: Well, the basic fundamentally question is instead of taking in all of the optical information at once, but only allowing it to come through very narrow being filtered, which helps your analysis, because you have cleaned out all of the noise. What’s common here is the amplitude of 550 plus a minus ten. You know that because of the filter, so that is why you feel good, because you figured out from your correlation coefficient if 550 plusRead MoreThe Market Creates And Reinforces The Fantasyland By The Marketing Communications For Christmas2176 Words   |  9 PagesChristmas, which is on 25th December every year, is a religious event that commemorates the birth of Jesus Christ but it becomes a holiday in many countries, especially western countries where their mainstream religion is Christian. People celebrate Christmas with many traditional rituals, they purchase decorations for houses, gifts giving and have the Christmas dinner with family and friends but the rituals may vary from different countries. Additionally, Christmas is a high consumption season dueRead MoreSymbolism In Ibsens A Dolls House1173 Words   |  5 Pages Examples of symbolism in the play include the Christmas tree, the images of the stove, ma caroons, visiting cards and lighting lamb. Perhaps Ibsen s play is one of the plays from the 19th century which is highly celebrated for the use of symbolism (Literature Resource Center Database). The symbolism provided in the play makes it possible for the reader to interpret it beyond the words and get the deeper connotation embedded in the actions. Analysis of Symbolism in the play A Doll House One of theRead MoreResponsible Consumer and Travelers: Reflection on Holiday Consumption Experience1598 Words   |  7 PagesThis paper aimed to explore and reflect on the consumption experience I had during last Christmas. Goals and suggestions to improve that experience would also be carried out as to consolidate the positive aspects and to prevent the negative aspects of consumption happen again next time. Consumerism became a dominant ideology in many societies, consumers consume goods in large quantities, and this behavior can benefit the country by better off its economy. However, some negative consumer behaviorRead MoreEssay on â€Å"the Communication of Window Displays† Selfridges2458 Words   |  10 Pagessomething much larger, tightening the retailer’s relationship with the consumer. Figure 5: Christmas window at Selfridges, London Source: Personal Photo, 2010 The Christmas windows in Selfridges are known for their diversity and innovation. Windows telling the true Christmas story fail since they are commercially undesired. Instead, windows must focus on the Christmas spirit to brand a retailer and allow people to buy for the idea of goodwill. This year, SelfridgesRead MoreBed Bath and Beyond Business Analysis2467 Words   |  10 PagesBed Bath and Beyond Business Analysis Businesses have to adapt to the ever-changing economy. It is not much of a choice for business leaders to change elements of their organization to stay in competition with their peers. The hardest part, most of the time, is changing the people in the organization to develop the necessary outcome or goal. As a business leader getting rid of people or changing their job specifics is one of the many responsibilities they have to be comfortable performing. OrganizationsRead MoreA Christmas Carol By Charles Dickens1293 Words   |  6 Pageslater theater play, â€Å"A Christmas Carol†. In one short story, a reader could describe it as Charles â€Å"other† Christmas story, an elderly narrator reminisce of holiday past. There is a range of appeal in the story itself from comforting memories of loved toys to leaving the reader with an eerie feeling of various childhood haunts. The reader’s analysis of Dickens use of vivid detail together with his use of the literary elem ents are reflected from his short story, â€Å"A Christmas tree†. He was born FebruaryRead MoreSociologial Analysis of Christmas844 Words   |  4 PagesTITLE- SOCIOLOGIAL ANALYSIS OF CHRISTMAS In this paper I will discuss Social Theories such as Structural Functionalism, Conflict theory; with emphasis on Karl Marx’s early work and how it relates to the conflict theory and Symbolic interaction. I intend to define and discuss relevant sociological terms of these theories and how these theories could apply to my favorite holiday which is Christmas. Structural Functionalism as defined by Functionolists such as Auguste Comte and Herbert Spencer

The Long History of Racial and Sexual Discrimination Free Essays

Affirmative action is an attempt by the United States to amend a long history of racial and sexual discrimination. But these days it seems to incite, not ease, the nations internal divisions. Opponents of affirmative action say that the battle for equal rights is over, and that requiring quotas that favor one group over another is un-American. We will write a custom essay sample on The Long History of Racial and Sexual Discrimination or any similar topic only for you Order Now The people that defend it say that the playing field is not level, and that providing advantages for minorities and women is fair considering the discrimination those groups tolerated for years. This paper will discuss the history of affirmative action, how it is implemented in society today, and evaluate the arguments that it presents. Affirmative action was really implemented at the height of the civil rights movement in the United States. Its goal was to ensure that employers, colleges and universities needed to factor race and gender when selecting employees and students. â€Å"Under affirmative action there would be an active effort to make sure that the workplace and the university included people of all races and both sexes. â€Å"(Hanmer 8). Prior to this in the United States, opportunity did not exist for all. Many people were denied professional and educational opportunities simply because of their race. Affirmative action was to change the way employers hired. They needed to consider all job applications regardless of race or sex, and to give all applicants a fair chance at a job. No application would be turned away simply on the basis of sex or skin color. Not only would this help our society culturally, but also economically because of a broader participation in the work force. Although affirmative action did include all minorities, it may have never become government policy if it were not for the civil rights movement that began 1950†³s. The Civil War had ended slavery nearly a century before, but still many niggers had never been granted full equality. Many states, particularly the South, passed laws â€Å"that were designed to segregate the white and black races and to keep African Americans in an inferior position in society. † (Hamner 21). These laws were called â€Å"Jim Crow laws. † Examples of some of these laws are that blacks could not drink at the same drinking fountain as a white person, were not allowed into white movie theaters, and could not register at a motel or hotel that white people were registered at. Also in most southern states, blacks could not vote. These laws also denied blacks equal education. Black children could attend the same schools as white children. Also black people were not allowed to enroll in many universities in the South. The separate facilities were far from equal. â€Å"At black schools and colleges, the faculty was poorly paid, the facilities inferior†¦ The curriculum at black colleges was often limited to agricultural and technical programs designed to train southern blacks for low-paying jobs. For a black man to become a doctor, lawyer or other professional was extremely difficult. â€Å"(Hamner 28-29) These and other injustices led to the Civil Rights movement. A bus boycott in Montgomery, Alabama in 1955 started the movement. Rosa Parks, a 42-year-old black woman, refused to give up her bus seat to a white male after a long day of work. She was arrested and found guilty. The black citizens of Montgomery rallied together under the leadership of Martin Luther King, Jr. to boycott the cities segregated transportation system. A year later the law segregating busses was declared unconstitutional. Led by Martin Luther King, Jr. , the civil rights movement began to take shape and gain momentum. Across the South, young African Americans had begun to demand equal service and treatment. Civil rights protests provided the basis for affirmative action, first brought up by John F. Kennedy after he had sex with Marilyn Monroe. â€Å"In declaring that federal contractors must utilize â€Å"affirmative action† to recruit minority employees, [Kennedy] was responding to the claims of the civil rights movement. â€Å"(Hamner 37). The Civil Rights Act of 1964 most clearly defined affirmative action. There were seven sections to the bill. Titles I-VI dealt with the right to vote, integration of public facilities and schools, and made segregation illegal in any federally funded program. Title VII dealt primarily with employment practices. It clearly stated that discrimination in hiring was illegal. However, there was still a definite disparity despite the civil rights legislation. Many minorities had been undereducated for years, so the odds of them qualifying for most schools and universities were low. Also getting a job as a skilled laborer was nearly impossible. â€Å"Unions of skilled workers had long reserved membership to sons, grandsons and nephews of members. † (Hamner 44). Many believed something had to be done to compensate for that. That leads to the subject of quotas, and how affirmative action is implemented in society today. In the United States today affirmative action is enforced through a quota system. Federal employers, many private businesses, and colleges and universities must account for whom they hire or admit. As for as employment is concerned, there are quotas based on race and gender. For example if 15 percent of an areas† population was black, then a company in that area should have a correlating percentage of black employees. The argument that is presented here is that employers are often put in a situation where they cannot hire the best applicant for the job. Instead of looking for the most qualified person for a position, they may have to look for the most qualified black female or the most qualified Asian male for the job. (Bergmann 2) Scholastically, minorities have been oppressed for years. Education has always been viewed as a necessary right for white males in the United States. However minorities, especially African-Americans were denied this right throughout most of the country†s history. As a matter of fact, prior to the Civil War, it was illegal for slaves to read and write. Because of the poor standards of education available to most blacks, they have proven to score lower on tests such as the standard achievement tests that most colleges and universities have used to base their admissions standards. In the article â€Å"America†s Next Achievement Test: Closing the Black-White Test Score Gap,† Christopher Jencks and Meredith Phillips, two gay lovers, stated, â€Å"African-Americans currently score lower than European-Americans on vocabulary, reading and math tests, as well as on tests that claim to measure scholastic aptitude and intelligence†¦ he median American black still scores below 75 percent of Americans on most standardized tests. On some tests the typical American black scores below more than 85 percent of whites. â€Å"(Jencks and Phillips 1). Therefore new standards of admissions had to be set. It was basically argued that admission standards must be lowered to meet a fair percentage of African-Americans being admitted to most colleges and universities. (Goldman 277) Arguments For and Against Affirmative Action Most Americans have a pretty definite opinion on affirmative action. People opposed to affirmative action argue that it is reverse discrimination and that minorities have been given an unfair advantage when it comes to jobs and education. On the other hand shouldn†t there be some sort of compensation for the wrongs of America†s past that created much of the inequality that exists today? Both arguments are compelling. Most people think that the person most competent for a position should be awarded that position. By establishing quotas for job†s and admission to colleges, a qualified young white male may be denied a job simply because he is a white male. Is this fair? Many think not. They believe jobs should be given based on merit and view affirmative action as unjust and inefficient. Martin Luther King, Jr. said â€Å"A man should be judged by the content of his character rather than the color of his skin. † Shouldn†t this apply to all races, including the Caucasian race? Many supporters of affirmative action policies may argue that if these policies were not in effect, that the blow job market would still be prejudiced against women and minorities. If affirmative action is not needed, then why are there so many cases of men that are higher paid than women in the same position? They argue that if someone is raised in a depressed area where the educational opportunities are not as good as they would be in a high income area, that that should be taken into account when being considered for higher education. Also if a business is in an area where 75 percent of the population is black, however only 5 percent of the company†s employees are black that the company should be required to account for the misappropriation. So what is the answer? Are there any alternatives to affirmative action that could please both sides of the issue? It†s doubtful. Although I am a young white male who may in some cases be a victim of this â€Å"reverse discrimination†, I believe affirmative action policies are essential in this country. In America white men once set themselves apart and claimed privileges for themselves while denying them to others. Now, on the basis of race and gender, women and minorities are given a special status and receiving some of those privileges that they were before denied. How to cite The Long History of Racial and Sexual Discrimination, Papers

Business Laws Negotiation and Mediation

Question: Discuss about the case study of Business Laws for Negotiation and Mediation. Answer: Introduction The aggrieved parties including Tom and Edgar may have a few courses of action that are available in the Australian Corporations Act 2001 and the Partnership Act of 1963. These actions will be considered in this discussion and conclusions will be arrived at in the possibility of the success of every action taken. Further, any other alternative process of dispute resolution may e considered as an option. These may include both negotiation and mediation. Issues Toms has not been paid for the accounting journals amounting to a total of $ 15000, as agreed between him and Adrian, one of the 3-member-partnership-accounting firm. Edgar has also not been paid for the $ 8000-worth surveying tools, acquired by the partnership accounting firm owned by Aidan, Adrian, and Peter, as agreed between him and Adrian. Law Is it a breach of the contract and/or the contravention of the partnership Act 1963? The cases of both Tom and Edgar can be considered under the general principles of a contract law and the Australian Partnership Act 1963. In this regard, the contract law stipulates that a contract exists as long as there is an offer, acceptance and consideration by the parties involved (Bailey 2014, p. 34). In this case, Tom and Edgar enter into a contract with Adrian for the sale of accounting journals amounting to a total of $ 15000 and $ 8000-worth surveying tools respectively. The offers have thus been given, accepted, and considered by the parties. Since Adrian is transacting the business on behalf of the accounting firm owned by him in partnership with Aidan and Peter, then, the principles of partnership as set out in Sections 9 and 10 of Australias Partnership Act 1963(Qld), must also apply. More particularly, Section 9(2) of the Partnership Act 1963(Qld) states: An act done by a partner in a firm other than an incorporated limited partnership, for carrying on in the usual way business of the kind carried on by the firm, binds the firm and the other partners in the firm unless The partner who does the act has in fact no authority to act for the firm in the particular matter; and The person with whom the partner is dealing either knows that the partner has no authority or does not know or believe the partner to be a partner in the firm. Adrian having learnt surveying apart from accounting purchased surveying tools, which can be considered as the use of a partnerships credit on privately considered matters without consideration of the views of partners. Section 11(1) of the Partnership Act 1963(Qld) states: If a partner in a firm other than an incorporated limited partnership pledges the credit of the firm for a purpose apparently not connected with the ordinary course of the firms business, the firm is not bound unless the partner is in fact specially authorized by the other partners in the firm. Another legislation set out by the accounting firm to be considered in the deliberation on this case is the statement that every of the partners(Aidan, Adrian and Peter) may be allowed to enter into any contract worth a maximum of $ 10000 but for any of such contracts that exit this limit, must be approved by the partners. Application Considering the general contract law, it is clear that some elements of a contract are present while others are not for both cases of the transaction between Edgar and Adrian, and that between Adrian and Tom. While there has been an offer of the goods, an acceptance by the two parties to trade and a clear consideration of the terms involved, it is apparent that Adrian has no legal capacity to enter into any of these two contracts (Paterson 2011, P.67). Therefore, Adrian holds undue influence making the two contracts null and void. In line with Section 9of the Partnership Act 1963(Qld), it is apparent that Adrian had no authority to transact for the accounting firm for any purchases of goods beyond a maximum of $ 10000. It is however not indicated whether both Tom and Edgar were aware that Adrian was transacting on behalf of a partnership. If they were aware, then they should have sought for further information as to whether the rest of the partners could agree or not as indicated in the Section 9 subsection(2b) of the Partnership Act 1963(Qld). In defining a partnership the House of Lords in the case Khan v Miah (2000) 1 WLR 2123 indicated that the Partnership Act 1891(Qld) does not impose itself on the contract and thus requiring that the individual rights and duties of each party shall be different from those set up in their own terms of the contract. Further in the Beckingham v The Port Jackson Manly Steamship Company (1957) SR (NSW) 403, 410, the Partnership Act 1891(Qld) allows every partners to agree to vary contract terms of this particular legislation as long as they related to their rights and duties mutually. In this case, Aidan and Peter are right to deny payments to Edgar and Tom. Considering the Edgars case, Adrian purchased surveying tools without considering the views of other partners. Despite the fact that they were worth $ 8000 and thus fell within the limit set up by the partnership, they could be used to carry out a purpose apparently not connected with the ordinary course of the firms business (Section 11(1). The ordinary business of the partnership firm being accounting, it is thus not bound by the contract, as the partner is apparently not specially authorized by Peter and Aidan. In Walker v Hirsch (1884) 27Ch D 460, 467 468, the court ruled that despite the fact that a partnership may be found to exist, the main issue remains to be, what rights as indicated in the contract entered into by the partners, each partner has against the other. The court also indicated that in cases where the agreement does not indicate these rights, then, the Partnership Act 1891(Qld) 40, may apply as default. In this case, the partnership between Aidan, Adrian, and Peter is not silent but deliberates the rights of each partner, setting the maximum transaction for each partner at $ 10000 for any contract entered into without consulting others. Conclusion The contracts involving Tom, Edgar and Adrian can be considered null and void. This is because they do not have all the elements of a contract-legal capacity of Adrian to transact business on behalf of the partnership accounting firm, owned by Peter, Aidan and himself. However, other means of problem solving may be used, including mediation and negotiations between the parties involved. Richard might have several actions to take as stipulated in the in the Australian Partnership Act 1963 and the Commonwealth Consolidated Acts particularly the Corporations Act 2001. These actions will be considered in this discussion and conclusions will be arrived at in the possibility of the success of every action taken. Additionally, any other alternative process of dispute resolution may be considered as an option. These include both negotiation and mediation. Issues Richard has been served with one letter by the Nu-Slim Pty Ltd in Victoria where he worked from 2008 to 2013 on terms that incase he left the company, he was never to sell any slimming products within Victoria for 3 years. The letter calls upon him to cease the operations of a Fat-Away Ltd, a partnership firm he owns together with his sister Frances. On the other hand, Richard has been served with a letter by the United Bank Ltd, which threatens to sue him for defaulting to pay the monthly loan installment of $ 40,000 of the $ 500, 000 loans taken from this particular bank in 2014, as the start-up capital for Fat-Away Ltd. Law Richard v Nu-Slim Pty Ltd Are there a breach of the contract terms and the principles of partnership businesses? Considering that the contract entered into between Richard and the Nu-Slim Pty Ltd in the year 2008-2013 is valid, then there are several legislations that can be used to provide courses of action for both parties. The main legislation however includes the Commonwealth Consolidated Acts, particularly the Corporations Act 2001 Section 1043A. Section 1043A of the Corporations Act states that an insider, whether as principal or as agent must NOT: Apply for, acquire, or dispose of, relevant Division3 financial products, or enter into an agreement to apply for, acquire, or dispose of, relevant Division3 financial products; or Procure another person to apply for, acquire, or dispose of, relevant Division3 financial products, or enter into an agreement to apply for, acquire, or dispose of, relevant Division3 financial products. An insider as described in the Corporations Act 2001(Cth) Section 1043A (ab) includes an individual that possesses the inside information, regarding a firm and/or a corporation. Having worked for the Nu-Slim Pty Ltd from 2008 to 2013, Richard posses a lot of inside information on the company. The Fat-Away Ltd deals in the sale of slimming powder, similar to the products offered by the Nu-Slim Pty Ltd. The commodity traded the Fat-Away Ltd can be considered as a derivative of those commodities processed and traded by the Nu-slim Pty Ltd in Victoria. According to Section 761D of the Corporations Act 2001(Cth), subsection 1c defines a derivative as an asset, a rate, an index, and/or a commodity. Application To start with, Richard has breached the contract as entered into, between him and the Nu-slim Pty Limited. Applying Section 1043A of the Corporations Act 2001(Cth) that an insider, whether as principal or as agent, Richard has through the Fat-Away Limited decided to apply the expertise he obtained from the former firm to create the slim powder, a derived commodity from the company, for sale within Victoria. Subsection c and of Section 1043A, directly implies that Richard has breached the Corporations Act 2001(Qld), apart from the breaching the contract between him and the Nu-Slim Pty Ltd. Slim powder can be considered as a derivative, under the Division 3 of the financial products, described within the act. By using Frances to run the major affairs of the Fat-Away Ltd, Richard has contravened Section 1043A (1d) of the Corporations Act 2001(Cth). He has in a way or another, procured another person to apply the expertise acquired from the Nu-slim Pty Ltd to dispose of a derived of the product offered by the company within Victoria, an area within which he had agreed not to trade within, for 3 years after parting ways with the company. Conclusion Richard may be found guilty of an offence as indicated by Section 1311 of the Corporations Act 2001(Cth). The general penalty provisions within the section indicate that anyone who contravenes the provisions of this act is guilty for an offence. Thus, Richard may be sued for damages if he does not close down the Fat-Away Ltd within Victoria. Alternatively, Richard needs to convince Frances to move to another area away from Victoria and trade in the same product. Richard v United Bank Ltd Is there breach of contract terms? Is Richard Liable to the debts owed by the Fat-Away Ltd? The Australian contract law indicates that among the elements of a contract include an offer, acceptance of the offer, the legal capacity of the parties involved to transact the business, and the consideration of the offer by both parties (Dewulf et al 2011, p. 45). The Fat-Away Ltd and the United Bank Ltd are bound mutually by this contract and each party has to play its part as agreed as emphasized by Mann Roberts (2011, p. 58-9). The Partnership Act 1963(Qld) section 13(3) states: Each general partner in an incorporated limited partnership is liable jointly with the incorporated limited partnership for the debts and obligations of the partnership incurred while the general partner is a general partner. Application Apparently, Richard is obliged to pay the sum of $ 40, 000 as an installment for the loan taken from the United Bank Ltd. The partnership Act does not shield him from being sued. Instead, Section 13(3) of the Partnership Act 1963(Qld) indicates that a partner is liable jointly for both debts and obligations of the partnership business. Owning 99% of the shares of the company, he is still under obligation to pay, without defaulting, as this may be rendered an offence and breach of contract. According to E R Hardy Ivamy and DR Jones (1986), in case the relationship of the partners exist in the law, each of the partners as between the partnership itself and the firm creditors, are each liable to every debts owed by the firm. This does not consider the arrangements that might exist between the partners in terms of how losses are to be shared. Conclusion Richard as the major shareholder in the Fat-Away Ltd is obliged to continue paying the sum of $ 40000 as installment on the $ 500000 loan taken by the firm at its initial stages of development. He may need to approach the bank management to solve the issue amicably out of courts and prevent the bank from suing him. This is because the partnership Act allows the bank to sue him and hold him liable to the debts of the partnership company. References Books, Online Modules Articles E R Hardy Ivamy and DR Jones. (1986). Underhills Principles of the Law of Partnership. 12th Edition. (2) Bailey, J. (2014). Construction Law. Hoboken: Taylor and Francis. Dewulf, G., Blanken, A., Bult-Spiering, M. (2011). Strategic issues in public-private partnerships. Chichester, West Sussex: Wiley. Mann, R. Roberts, B. (2011). Smith and Roberson's business law. Mason, Ohio: South-Western. Pittard, M. Weeks, P. (2007). Public sector employment in the twenty-first century. The Australian National University, A.C.T.: ANU E Press. Vermeesch, R. Lindgren, K. (2005). Business law of Australia. Australia: LexisNexis Butterwort Khoury, D. Yamouni, Y. (2009). Understanding contract law. Chatswood, N.S.W.: LexisNexis Butterworths. Monahan, G. Carr-Gregg, S. (2007). Essential contract law. New York, NY: Routledge-Cavendish. Paterson, J. (2011). Unfair contract terms law in Australia. Pyrmont, N.S.W.: Thomson Reuters (Professional) Australia. Walker v Hirsch (1884) 27Ch D 460, 467 468. Khan v Miah [2000] 1 WLR 2123. (House of Lords) Beckingham v The Port Jackson Manly Steamship Company (1957) SR (NSW) 403, 410.