Types or Remedies Essay Example for Free

Types or Remedies Essay Compensatory A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party. When a contract has been breached, the court orders the party that breached to pay the amount of direct losses done to innocent party. Consequential Special damges that compensate for a loss that is not direct or immediate (for example, lost profits0. The special damages must have been reasonably foreseeable at the time the breach or injury occurred in order for the plaintiff to collect them. The party that breached the contract must reimburse the innocent party for the indirect losses even if they were foreseeable damages. Punitive Money damages that may be awarded to aplaintiff to punish the defendant and deter future similar conduct. A monetary award the court orders on the guilty party to punish them for a breach of contract. Nominal A small monetary award (often one dollar) granted to a plaintiff when no actual damage was suffered or when the plaintiff is unable to tshow such loss with sufficient certainty. When the plaintiff cannot prove damages or no damages were done, the court may provide a small amount of money, â€Å"often one dollar†. Liquidated An amount, stipulated in the contract, that the parties to a contract believe to be a reasonable estimation of the damages that will occur in the event of a beach. For the court to order this remedy, the contract must be in writing. Liquidation takes place of compensatory and consequential remedies. In the contract, it must say â€Å"if contract is breached† breaching party must pay this much to the other party. Rescission A remedy whereby a contract is canceled and the parties are returned to the positions they occupied before the contract was made; may be effected through the mutual consent of the parties, by their conduct, or by court decree. This remedy requires both parties to â€Å"undue† the contract and put each party into the pre-contract position. Restitution An equitable remedy under which a person is restored to his or her original postion prior to loss or injury, or placed in the position he or she would have been in had the breach not occurred. Very similar to a rescission, but both parties must return each other into previous states but instead of canceling out the contract and returning each other into pre-contract state, they would be returned to pre-breached state. Specific performance An equitable remedy requing the breaching oarty to perform as promised under the contract; usally granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique (for example, real property) The court orders breaching party to complete the specific action that was promised in the contract. Reformation A court ordered correction of a written contract so that it reflects the true intentions of the parties. Quantum meruit Literally, â€Å"as much as he deserves’-an expression describing the extent of liability on a contract implied in law. An equitable doctrine based on the concept that one who benefits from another’s labor and materials should not be unjustly enriched thereby but should required to pay a reasonable amount for the benefits reecived , even abesnt of a contract.

Gun Control in Canada :: Second Amendment The Right To Bear Arms

Part I:Introduction The issue of gun control and violence, both in Canada and the United States, is one that simply will not go away. If history is to be any guide, no matter what the resolution to the gun control debate is, it is probable that the arguments pro and con will be much the same as they always have been. In 1977, legislation was passed by the Canadian Parliament regulating long guns for the first time, restructuring the availability of firearms, and increasing a variety of penalties . Canadian firearms law is primarily federal, and "therfore national in scope, while the bulk of the firearms regulation in the United States is at the state level; attempts to introduce stricter leglislation at the federal level are often defeated". The importance of this issue is that not all North Americans are necessarily supportive of strict gun control as being a feasible alternative to controlling urban violence. There are concerns with the opponents of gun control, that the professional criminal who wants a gun can obtain one, and leaves the average law-abiding citizen helpless in defending themselves against the perils of urban life . Is it our right to bear arms as North Americans ? Or is it privilege? And what are the benefits of having strict gun control laws? Through the analysis of the writings and reports of academics and experts of gun control and urban violence, it will be possible to examine the issues and theories of the social impact of this issue. Part II: Review of the Literature A) Summary In a paper which looked at gun control and firearms violence in North America, Robert J. Mundt, of the University of North Carolina, points out that "Crime in America is popularly perceived [in Canada] as something to be expected in a society which has less respect for the rule of law than does Canadian society..." In 1977, the Canadian government took the initiative to legislate stricter gun control. Among the provisions legislated by the Canadian government was a "Firearms Acquisition Certificate" for the purchase of any firearm, and strengthened the "registration requirements for handguns and other restricted weapons..." . The purpose of the 1977 leglislation was to reduce the availability of firearms, on the assumption that there is a "positive relationship between availability and use". In Robert J. Mundt's study, when compared with the United States, trends in Canada over the past ten years in various types of violent crime, suicide, and accidental death show no dramatic results, "and few suggestions of perceptible effects of the 1977 Canadian gun control legislation". The only positive effect, Mundt, found in the study was the decrease in the use

Technology Is a Hindrance

In recent times, technological advances have become an absolutely central part of our lives. Technological advances can gain access to various information and entertainment. However, it is said that technology is a hindrance, not a help, to students because they are distracted by technological advances and wasting too much too much time on computer games and other new technology. In my opinion, those technologies are the tool for students to learn and gain access information.Take for example, when we have to do project or homework, we may need to search information, word process the content and present the project by using the computer. There is much information in the internet. When we want to make a birthday cake, we can search the recipe in the internet immediately. You can look up for the dictionary machine instead of the bulky cumbersome dictionary. At school, teachers use the projectors to teach instead of the textbook. Technology is a component of modern education.Without it, students will not learn the skills they need to succeed in a global work environment which is increasingly dependent on new technology. For instance, Students who learn how to make graphs and how to use presentation software will learn some of the skills they need to work in many business environment. Moreover, because of the technology, the relationship between the students and teachers are more closed. If there are any questions that you want to ask the teachers, you can not ask them immediately.Nevertheless, it is not a problem with the technology. You can call or email the teachers to ask for help. Through the technological advances, you can work and learn more effectively can efficiently. All these need the help of technology. However, there are also hindrances for students sometimes. There are many entertainment options such as computer games, television which is easy for students to get distracted. Students may make their time networking, entertaining on those technologies.As a result, they will fine it hard to concentrate in class and lose focus on study easily. Yet, if students use those advances appropriately, will they still waste too much time on websites, networking? If they are self-discipline, it won’t be a hindrance for them. Contrary, they can learn to be self-discipline. Above all, technology does more goods than harms. I think technology is not a hindrance but a help when they have proper time management and a correct attitude to technology.

Overview of the Second Opium War

In the mid-1850s, the European powers and the United States sought to renegotiate their commercial treaties with China. This effort was led by the British who sought the opening of all of China to their merchants, an ambassador in Beijing, legalization of the opium trade, and the exemption of imports from tariffs. Unwilling to make further concessions to the West, the Qing government of Emperor Xianfeng refused these requests. Tensions were further heightened on October 8, 1856, when Chinese officials boarded the Hong Kong (then British) registered ship Arrow and removed 12 Chinese crewmen. In response to the Arrow Incident, British diplomats in Canton demanded the release of the prisoners and sought redress. The Chinese refused, stating that Arrow was involved in smuggling and piracy. To aid in dealing with the Chinese, the British contacted France, Russia, and the United States about forming an alliance. The French, angered by the recent execution of missionary August Chapdelaine by the Chinese, joined while the Americans and Russians sent envoys. In Hong Kong, the situation worsened following a failed attempt by the citys Chinese bakers to poison the citys European population. Early Actions In 1857, after dealing with the Indian Mutiny, British forces arrived at Hong Kong. Led by Admiral Sir Michael Seymour and Lord Elgin, they joined with the French under Marshall Gros and then attacked the forts on the Pearl River south of Canton. The governor of Guangdong and Guangxi provinces, Ye Mingchen, ordered his soldiers not to resist and the British easily took control of the forts. Pressing north, the British and French seized Canton after a brief fight and captured Ye Mingchen. Leaving an occupying force at Canton, they sailed north and took the Taku Forts outside Tianjin in May 1858. Treaty of Tianjin With his military already dealing with the Taiping Rebellion, Xianfeng was unable to resist the advancing British and French. Seeking peace, the Chinese negotiated the Treaties of Tianjin. As part of the treaties, the British, French, Americans, and Russians were permitted to install legations in Beijing, ten additional ports would be opened to foreign trade, foreigners would be permitted to travel through the interior, and reparations would be paid to Britain and France. In addition, the Russians signed the separate Treaty of Aigun which gave them coastal land in northern China. Fighting Resumes While the treaties ended the fighting, they were immensely unpopular within Xianfengs government. Shortly after agreeing to the terms, he was persuaded to renege and dispatched Mongolian General Sengge Rinchen to defend the newly returned Taku Forts. The following June hostilities recommenced following Rinchens refusal to allow Admiral Sir James Hope to land troops to escort the new ambassadors to Beijing. While Richen was willing to allow the ambassadors to land elsewhere, he prohibited armed troops to accompany them. On the night of June 24, 1859, British forces cleared the Baihe River of obstacles and the next day Hopes squadron sailed in to bombard the Taku Forts. Meeting heavy resistance from the forts batteries, Hope was ultimately forced to withdrawal with the aid of Commodore Josiah Tattnall, whose ships violated US neutrality to assist the British. When asked why he intervened, Tattnall replied that blood is thicker than water. Stunned by this reversal, the British and French began assembling a large force at Hong Kong. By the summer of 1860, the army numbered 17,700 men (11,000 British, 6,700 French). Sailing with 173 ships, Lord Elgin and General Charles Cousin-Montauban returned to the Tianjin and landed on August 3 near Bei Tang, two miles from the Taku Forts. The forts fell on August 21. Having occupied Tianjin, the Anglo-French army began moving inland towards Beijing. As the enemy host approached, Xianfeng called for peace talks. These stalled following the arrest and torture of British envoy Harry Parkes and his party. On September 18, Rinchen attacked the invaders near Zhangjiawan but was repelled. As the British and French entered the Beijing suburbs, Rinchen made his final stand at Baliqiao. Mustering over 30,000 men, Rinchen launched several frontal assaults on the Anglo-French positions and was repulsed, destroying his army in the process. The way now open, Lord Elgin and Cousin-Montauban entered Beijing on October 6. With the army gone, Xianfeng fled the capital, leaving Prince Gong to negotiate peace. While in the city, British and French troops looted the Old Summer Palace and freed Western prisoners. Lord Elgin considered burning the Forbidden City as punishment for Chinese use of kidnapping and torture, but was talked into burning the Old Summer Palace instead by other diplomats. Aftermath In the following days, Prince Gong met with the Western diplomats and accepted the Convention of Peking. By the terms of the convention, the Chinese were forced to accept the validity of the Treaties of Tianjin, cede part of Kowloon to Britain, open Tianjin as a trade port, allow religious freedom, legalize the opium trade, and pay reparations to Britain and France. Though not a belligerent, Russia took advantage of Chinas weakness and concluded the Supplementary Treaty of Peking which ceded approximately 400,000 square miles of territory to St. Petersburg. The defeat of its military by a much smaller Western army showed the weakness of the Qing Dynasty and began a new age of imperialism in China. Domestically, this, coupled with the flight of the emperor and the burning of the Old Summer Palace, greatly damaged the Qings prestige leading many within China to begin questioning the governments effectiveness. Sources http://www.victorianweb.org/history/empire/opiumwars/opiumwars1.html http://www.state.gov/r/pa/ho/time/dwe/82012.htm