The Attorney-Client Privilege Essays -- U.S. Law

â€Å"With liberty and justice for all.† Now this all too familiar clause is often forgotten like the toils of soldiers on the battlefield, repeated ad nauseum throughout the echoing literature left by our founding fathers and throughout the annals of history. America has been shown to persevere through the greatest of trials truly reflecting the American patriot’s desire to not only uphold freedom, equality, justice and humanity, but also to remember the faint yearning whispers of the oppressed crying out â€Å"Let freedom ring!† According to Michmerhuizen the Attorney-Client Privilege means â€Å"The concepts of lawyer confidentiality and Attorney-Client Privilege both concern information that the lawyer must keep private and are protective of the client’s ability to confide freely in his or her lawyer † (1). I firmly believe that the Attorney-Client Privilege should not be abolished because it would be changing something our nation has been exp osed to for so long, helps build a good relationship between client and attorney, and is most importantly the right of every American citizen. Although the other side of the issue makes valid arguments, the constitutional rights of every American citizen and the long-standing tradition of the Attorney-Client Privilege is the epicenter of the monumental success to our judicial system. The Attorney- Client Privilege is the agreement between an attorney and their client that mandates the communication between the two parties to be fully confidential and undisclosed under any circumstances (Sheila 138). There are various cases that highlight the importance and practical use of the Attorney-Client Privilege that could help one better understand what this entails. A specific situation in which the Attorne... ...n Historical Perspective on the Attorney-Client Privilege." Jstor.og. California Law Review. Web. 15 Apr. 2012. Maloney, Sheila. The American Bar Association Guide to Resolving Legal Disputes: Inside and outside the Courtroom. New York: Random House Reference, 2007. Print. Michmerhuizen, Sue. "Confidentiality, Privilege: A Basic Value in Two Different Applications." Americanbar.org. Center for Professional Responsibility, Mar. 2007. Web. 15 Apr. 2012. . Schachner, Robert W., and John F. Phillips. How & When to Sue Your Lawyer: What You Need to Know. Garden City Park, NY: Square One, 2005. Print. Silverman, Arnold B. "Silence Is Golden—The Attorney-client Privilege." Jom 49.6 (1997): 62. Print. "What the Attorney-Client Privilege Really Means." Sgrlaw. Smith, Gambrell & Russell, LLP. Web. 15 Apr. 2012. .

Remedies – Contracts Act 1950

REMEDIES †¢ method by which an injured party enforces a right or corrects a loss. It will depend on the nature of breach and the result will be differ between parties. The remedies available for breach of contract are: 1) RESCISSION †¢ An equitable remedy available at the discretion of the judge. It is available where a contract is voidable as a result of a vitiating factor such as misrepresentation, undue influence or duress. It will not cover damages. Car &Universal Credit v Cadwell Norris had paid ? 10 cash deposit and left another car as security and gave a cheque for ? 65 to Cadwell for Jaguar car purchased. The next day, Caldwell went to cash the cheque and discovered it was fraudulent and the car left as deposit turned out to be stolen. The court held that Mr Caldwell had successfully rescinded the contract. He had taken all steps possible to demonstrate that he no longer wished to be bound by the contract. He should not be prejudiced by the fact that his endeavours failed to locate Norris. 2) RESTITUTION †¢ It is not contractual and does not rely on plaintiff damages (quasi-contract). One party knowingly has received a benefit to which party is not entitled.An arrangement imposed by judge to rectify an occurrence of unjust enrichment. Sinclair v Brougham The society became insolvent, and the question arose how to divide up assets. By the time of the action, the only live issue was between some of the â€Å"B† shareholders and the depositors in the bank, the position of the â€Å"A† shareholders and trade creditors having been settled by agreement. The court held that the bank’s actions had been ultra vires and void, and that there was no possibility for the depositors to recover under quasi-contract. 3) DAMAGES It is a legal remedy available for breach of contract. Damages are an award of money to compensate the innocent party. The primary purpose of damages is to place the injured party in the position they would hav e been in had the contract been performed. †¢ Types of Damages:  There are basically four broad categories of damages: ? Compensatory (to cover direct losses and costs). ? Consequential (to cover indirect and foreseeable losses). ? Punitive (to punish and deter wrongdoing). ? Nominal (to recognize wrongdoing when no monetary loss is shown) An award of damages is subject to the application of the rules on causation, remoteness and a duty to mitigate loss. †¢ Provision : Section 74 & 75 CA Heng Hang Khim v Sineo Enterprise Sdn Bhd The court held that where the defendant failed to deliver vacant possession of a condo unit before the 36-month period as stipulated in the S&P agreement. The plaintiff was entitled to a refund of the sum paid which was compensation for loss & damage caused by breach of contract. Selva Kumar a/l Murugiah v Thiagarajah a/l Retnasamy The court held that there is no distinction between liquidated damage and penalties.In view of section 75 which prov ides that in every case the court must determine what is the reasonable compensation. Any failure to prove the damages will result in refusal to award such damages. †¢ Remoteness A claimant may only recover losses which may reasonably be considered as arising naturally from the breach or those which may reasonably be supposed to be in the contemplation of the parties at the time the contract was made. Hadley v Baxendale Due to neglect of the Defendant, the crankshaft was returned 7 days late to the plaintiff.The plaintiff unable to use the mill during this time and claimed for loss of profit. The Defendant argued that he was unaware that the mill would have to be closed during the delay and therefore the loss of profit was too remote. The court held that Hadley would have been entitled to recover lost profits from the five extra days the mill was inoperable. However, the rule should be that the damages were those fairly and reasonably considered to have arisen naturally from th e breach itself, or such as may be reasonably supposed to have been in the contemplation of both parties at the time the contract was made. Mitigation of Loss The law imposes a duty upon the person claiming damages to take all reasonable steps to reduce or mitigate their loss. If the plaintiff is able to avoid loss, damages will not be recoverable for the potential loss that the plaintiff may have suffered. Payzu v Sauders The court held that the claimant was not entitled to damages. He was given the opportunity to purchase at the discounted price but rejected this. He was under a duty to take reasonable steps to mitigate his loss. The offer was a reasonable one and one which the claimant could easily have complied with. ) SPECIFIC PERFORMANCE It is a discretionary order granted by the courts directing a person to carry out their obligations under contract. It is not generally used in breach of contract actions unless damages prove to be inadequate. When the court cannot supervise t he implementation of contract, it will not generally grant specific performance. Ryan v Mutual Tontine Westminster Chamber Association The lessor agreed to provide porter who would be ‘constantly in attendance’ but the porter also works as a chef. In his absence while working as chef, other person will perform his duties.The issue was whether tenant could seek an order of specific performance against the porter that he carries out his obligations. The court was not prepared to order specific performance because it would have had to constantly supervise the porter’s attendance. Lamare v Dixon The plaintiff induced the defendant to agree to take a lease of cellars by orally promising they would be made dry. The promise had no effect as a misrepresentation as it related to the future. The court refused the plaintiff specific performance since he had made no attempt to perform his promise.Cohen v Roche The court refused the specific performance to a buyer of a set of Hepplewhite chairs saying that they were ‘ordinary articles of commerce and of no special value or interest'. The buyer was contracting with a view to resale and for personal use. 5) INJUNCTION †¢ It is a discretionary court order. Unlike specific performance, this is a court order restraining a party from breaking their contract or from committing a wrongful act and will not be awarded if damages are an adequate remedy. An injunction may be: ? Prohibitory – preventing the breach of contract. ? Mandatory – requiring a person to perform some contractual obligation. ? Interlocutory – where it freezes the status quo between the parties until the dispute can be heard by court. Neoh Siew Eng & Anor v Too Chee Kwang (mandatory example) The landlord had cut the water supply. An injunction was granted requiring the landlord to keep all communication pipes in proper repair so that water supply to the premises would not be disconnected.Broome (Selangor) Rubber Plantations v R H Whitley (prohibitory example) An injunction was granted restraining an employee from entering into employment as a manager or assistant of any plantation in the States of Selangor and Negeri Sembilan other than the estate of his employers until the expiry of his contract of service. This is equivalent to â€Å"the specific performance by the court of that negative bargain which the parties have made†. †¢ Mareva Injunction It prevents the defendant removing or disposing any assets in the jurisdiction until the court makes decision.Mareva Compania Naviera SA v International Bulk Carriers SA, The Mareva. The shipowner hired out their ship (Mareva) to the defendant with half-monthly in advance. The defendant were only able to meet the first two installments, Mareva sued for damages and unpaid hire. They also sought an injunction to stop hirer removing any monies received from the voyage. The issue whether an injunction was obtainable to prevent the removal before judgment. The court held that an injunction was granted to continue until the dispute came to trial to prevent the defendants from disposing any assets. ) ANTON PILLER ORDER May be made available in exceptional circumstances. It is a  court  order that provides the right to search premises and seize evidence without prior warning. This prevents destruction of relevant  evidence, particularly in cases of alleged trademark, copyright or patent infringements. Anton Piller v Manufacturing Processes Ltd The plaintiff was under the belief that one of its agents was supplying confidential information to one of their competitors. However, they are concerned that subpoena would give ample time for the agent to destroy evidence.The issue was whether the company could obtain an order enabling them to enter the agent’s premises to inspect the documents. The court granted the order as there was strong prima facie case of infringement which could cause damage to applicant and clear evidence that the defendants had incriminating the material in their possession which they could destroy. 7) QUANTUM MERUIT Quantum meruit means â€Å"as much as he deserved†. It is the determination of value of the services extended based on the amount of work and the rate of work existing there for similar work, when an agreement or contract is not existing between the parties.The contract may be discharge by breach but where the contract is for goods & services, there is a new implied contract imposed by law on the party taking benefit that they will pay reasonable amount of quantum. †¢ Can arise where: ? A defendant has prevented a plaintiff from carrying out their contractual duties. ? The parties cannot agree on payment ? The parties agree on payment for the part-performance but not the actual amount. Sumpter v Hedges The claimant agreed to build two houses and was agreed that ? 565 would be payable on completion.The claimant done a little more than half job and then ran out of money and was unable to complete. Then defendant completed the work himself. The issue was whether the claimant could recover payment for work done. The contract was entire and not divisible. So, the claimant could not recover under it. Furthermore, it is not defendants fault he could not complete the job and so there was no entitlement for quantum meruit. While the defendant obtained the benefit, it did not constitute acceptance of partial performance in this case.

Essay Final Example

Essay Final Example Essay Final – Essay Example Same-Sex Marriage Same-sex marriage is a relationship that involves marriage between a man and a man or between a woman and another woman. Same-sex marriages have been way of life for a long time. However, this issue had not developed an interest until the recent years. In the contemporary society, same-sex marriages have picked noteworthy interest thus creating a platform for discussions worldwide on whether they should be legal or against the law. Same sex marriages are perhaps viewed as having more adverse impacts than affirmative results and consequently they ought to be illegalized. Same-sex marriages weakened the by now relatively weak union foundation and changing its procreative purpose. This is because these forms of marriages only seem to rise an already existing societal problem. With the inability of the same sex to reproduce, thereby same-sex marriages do not assist in advancing the human race. Moreover, same-sex marriages are seemingly selfish since they are more focuse d on interests of adults leaving children out of the picture. People in support of same-sex marriages may argue that adopting children may solve the problem of procreation, as is the way of many same-sex marriages. Same sex marriages are in contrast with cultural practices and beliefs of most religions (Hunter 54).Over the years, many cultures have based the family setting of specialization and division of labor. Each gender is allocated a set of activities that are connected to a particular sex and absence of one sex implies neglecting some of the roles stipulated for the particular gender missing. Despite the arguably few advantages that accompany same-sex marriages, there are other options that can be adopted to amount to the same results. For example, there are increasingly many laws protecting people from all types of discrimination including those relating to marriage. Furthermore, same-sex marriages do not offer the best environment for children development due to the absence of fathers and mothers who both have an important role to play in the children development process. In addition, same-sex marriages are a source of confusion and depletion of cultural and religious beliefs. Therefore, it is in order to conclude that same-sex marriages should be discouraged and illegalized ( Hunter 45).Hunter, Dan. The Future Impact of Same-Sex Marriage: More Questions than Answers. Georgetown University Law Center, 2012.

The Snake Cult of False Prophet Alexander of Abonoteichus

The Snake Cult of False Prophet Alexander of Abonoteichus It turns out that modern America isnt the only place suffering from scary and bizarre cults. Meet Alexander of Abonoteichus, who used a hand puppet to create his own cult centered on a snake. Alexanders story comes to us from the Greek satirist Lucian, who weaves a fascinating tale of faith and scams. External sources corroborated the existence of a Glycon cult, and even one of Lucians more spurious claims - that Alexander slept with married ladies - seems to have been possible, if not terribly likely. Early Life Alexander hailed from Abonoteichus, a hot-spot in Paphlagonia on the Black Sea. But  the story of this  Alexander,  Lucian says, is no mean feat to tell; Lucian might as well be speaking of Alexander the Great! As Lucian quips, The one was as great in villainy as the other in heroism. As a youth, Alexander was a prostitute. One of his  clients was a snake oil salesman/doctor, a quack, one of those who advertise enchantments, miraculous incantations, charms for your love-affair. This guy recognized trained him in the ways of trickery and selling scams. There was a long tradition of wandering scholars/magicians in this part of the world at the time, as Lucian attests: Alexanders master once followed the famed mystic Apollonius of Tyana. Sadly for Alexander, his master died when he hit his teens, so he formed a partnership with a Byzantine writer of choral songs to go around the countryside practicing quackery and sorcery. Alexander and his partner Cocconas followed one of their best clients home to Pella in Macedon.   At Pella, Alexander got the idea for his greatest  scheme yet, one that allowed him to  become the Professor Marvel of the ancient Mediterranean.  He bought one of those pet snakes and, having realized that people who provided hope to their worshippers earned a  lot of money in tribute and offerings, decided to  found his own snake cult based around prophecy. Serpents had  long been associated with foreknowledge in ancient Greece, so that was a no-brainer. A False Prophet Is Born Alexander and Cocconas started in Chalcedon, where they went to the temple of Asclepius, a healing deity and son of prophecy god Apollo. In that sanctuary, they buried tablets that foretold the coming of Asclepius to Alexander’s hometown of Abonoteichus. Once people â€Å"discovered† these texts, every mystic headed straight there to build a temple to Asclepius.   Alexander went home dressed as a prophet descended from Perseus (even though everyone who knew him from home was aware his parents were Average Joes). In order to keep up the pretense of prophecy, Alexander chewed soapwort root to fake fits of madness. He also created a snake hand puppet made from linen that â€Å"would open and close its mouth by means of horsehairs, and a forked black tongue ... also controlled by horsehairs, would dart out.† Alexander even stashed an extra snake egg near the temple in Abonoteichus; muttering words in Hebrew and Phoenician – which seemed like magical gibberish to his listeners – he scooped up the snake and said Asclepius had arrived! Alexander then snuck in a tame snake he bought from Pella and swapped it out for the baby serpent, telling everyone it grew up super-fast, thanks to magic. He also put tubes into his snake puppet and had a friend speak through them to allow Asclepius to prophesize. As a result, his snake, Glycon, was turned into a god. To interpret prophecies, Alex told supplicants to write down their questions on scrolls and drop them off with him; he secretly read them after removing their wax seals with a hot needle, then prepped his answers before they returned. He banned others from sex with young boys, but allowed himself to molest choirboys who served him. This fraud set a high price for his prophecies and sent people abroad to stir up good PR for him. Word reached as far as Rome, from which rich but gullible Rutilianus came to visit; the false prophet even manipulated this guy into marrying Alexanders own daughter. This helped Alexander establish a spy network in Rome and create  mystery rites  for his cult,  like those of Demeter or Dionysus. So great was Alex’s influence that he convinced the emperor to change the name of Abonoteichus to Ionopolis (perhaps after another of Apollo’s mythical sons, Ion); the emperor also issued coins with Alexander on one side and the snake Glycon on the other! Alexander once prophesied he’d live until 150, then get struck by lightning, but his real death was less dramatic. Before he turned 70, one of his legs rotted all the way to his groin; only then did people notice he wore a wig to look young.

Business Models and Planning Essay Example | Topics and Well Written Essays - 750 words

Business Models and Planning - Essay Example In this business; picking unused and old clothes, the daily operation includes creating awareness to the majority within the surrounding region of the business. The awareness will enhance the collection since people will see the essence of disposing of the clothes in a more fashionable way where they benefit from the entrepreneur who collects the clothes. In terms of equipment, those that are assigned to collect the clothes are equipped with enough storage materials and effective means of transport that helps in transporting the clothes from long distant places. Business operations involve the different process for effective management and daily operations for the success of the business (Greasley, 1999, p. 1). The process of collecting clothes starts from the point of notification to the surrounding residents where the activity will be conducted. Clothes are given in exchange for money for those who wish to sell theirs. However, since the business involve value addition to the collected clothes; the price for purchasing used or old clothes is relatively low compared to the normal price in the market. The business main activity is collecting old and unused clothes. The materials (clothes) are acquired from the neighboring residents and sometimes from different places. The method of acquisition is in line with the regulations of federal policies especially on the environmental issues. The clothes are collected from various collection points placed by the company under the management of different agents of the company. Since the business is associated with bulky jobs and many operations, the company gives the contract to some service providers to carry out the exercise on behalf of the company. Outsourcing the work to a service provider has added advantage especially to quality service provision. There are different techniques that the company can use to produce quality product, but, in this case, line production and continuous flow production will

I Believe In Wisdom Personal Statement Example | Topics and Well Written Essays - 750 words

I Believe In Wisdom - Personal Statement Example   Albeit the confusion of growing up, nothing interesting coming my way that never caught my attention. More often than not, I kept weighing the benefits that each presented in my life. When it hit me that wisdom played a considerable role in my life, I took its stand. Experiences played their part, significantly to influence this stand. This is the one believe that for a long time now has remained with me, stuck with me, and molds the person I am. In planning for my future, wisdom remains the significant factor that I put into consideration. Like a journey, my strong belief in wisdom took a rather long route. When it finally came, I doubtlessly knew where my beliefs lay; in wisdom. At a tender age, the ability of the Biblical Solomon to solve the big case of the two mothers awed me more than it amused me. The reasoning behind his ruling on the case was beyond any judgmental ruling I have ever heard of. On several occasions, I made comparisons of the ruling of my country’s j udges with the Solomon incidence. My aspirations were never on being a legal counsel, neither lawyer. Yet, my reasoning on the different ways in which I could successfully make my own personal ruling and judgments crowded my head. The difference in my way of thinking and that of legal thinking was simple; mine was not vested in any voluminous works I had learnt, or the various cases that I had read and the decisions reached in law school. Any person can make a mistake, but Solomon did not. People acquire knowledge, but wisdom develops. This made my way of thinking different from the legal school of thought, choosing conscious reasoning and thinking. I had a big thirst for sober decisions. Regrets, I suppose, befall poor planners. I did not want to become one. Every time I was faced with a trying problem, I compared this situation, weighed the chances available and thought of their outcomes. This, as I figured, would help me walk through any compromising situation. When one day my yo unger brother started developing a funny character, I put into test my wisdom. His character took a drastic change, as his school grades took a nosedive. He plummeted from a top performing student to a low ranking student. This attracted the attention of his teachers, while my parents became a worried lot. Even with mentorship, monitoring and guidance, he never seemed to change. Physically, he showed no signs of depression or stress. He was as handsome as always, and did not show any signs of weight loss. What baffled many is that while his character kept changing, his friendship never did; he kept the same friends as before. However, he ate lesser quantity of food, slept excess fully, talked less and stopped playing his favorite game, the PlayStation. Counselors thought he was suffering from stress-related problems, while my parents held a rather weird stand; he either was turning gay or was a drug addict. Perhaps his condition compared to either of these perceptions, even all. For me, this was an opportunity to test my wisdom. Wisdom does not rely on tested evidence, but on a well-reasoned decision.  

Unemployment after graduation Essay Example | Topics and Well Written Essays - 1000 words

Unemployment after graduation - Essay Example In the American workforce, for example, millennial are less than 30%. The remaining 70% attended college in the 1970s and 1980s. This workforce educated in the 1970s is responsible for making decisions whether one can join their business based on their conservative and primitive ideas of what the ideal candidate should have. Before reaching the interview phase, someone screens out tons of resumes that a company receives. If one’s resume does not have the perfect majors, one never comes to know them in person but hopes to be the best match for the job. Lots of recruitment are not done by HR professionals but are carried out by technical managers who seek for individual with similar career and academic backgrounds as them. University and college education is more of innovation, which many managers fail to capture (Medien n.d.). Graduates who were leaving college and university found it hard to get jobs in 2011 more than students finishing A-level courses. This observation was made while youth unemployment reached its highest level since the 1980s. About one in 10 students is unemployed six months after graduation. Approximately 9% of those who finish full-time degrees are out of work. In 2011-2012, out of more than 230,000 graduates, 72% were working, 15 % were studying while 9% were unemployed (Sharma 2014). When unemployed graduates seek work for six or more months is considered as the worst form of joblessness. The consequences of long periods of joblessness are significant. The graduates face personal, financial, and health care hardships. An analysis of long-term unemployment for the period running from 2000 to 2003 reveals that people without employment for six or months has increased at a high rate of 198.2%. Job seekers with college degrees have hard times getting employment and their long term unemployment rises by 299.4%. In an effort to the jobless recovery, job creation