Tips to Find the Right Course at the right university or college, and you will be inspired to succeed

By: Unknown on 3:39 AM

“Education is not the filling of a bucket, but the lighting of a fire.” W.B. Yeats

This guide is all about passion. Your passion for your course, and for your future career. Because the secret to happiness is being able to love whatever it is you do in life.

And what does this all have to do with choosing the right course for you? It all starts here. Find the right course, at the right university or college, and you will be inspired to succeed.

So how do you make the right choice? Check our Top 10 tips on choosing your course for the lowdown on getting where you want to be – faster.

Tips No.1 What are you really interested in?

This is not necessarily what are you good at, but what do you love doing? You might be great at maths, but you spend your weekends fixing up bits of old computers. So don’t study maths, focus on IT or computer engineering instead. Specialise in your passion, and learn more about it from the world’s best teachers.

Tips No.2 Why?

It’s really important to think about why you are interested in this subject. Is it because you can see your exciting, glittering career ahead? Or is it because it’s what your parents want? By questioning yourself now, you can work out the exact path you want your choice to take you on.

Tips No.3 Where would you like to study?

There are really two parts to this. Where is the best country to specialise in this subject area? Maybe it’s a country with plenty of internship and graduate work opportunities in that industry, or a city that has access to specific resources. If you’re interested in marine biology, why not head straight to the world’s largest coral reef in Australia and learn right at the source?

It’s also a good idea to ask yourself: where in the world would you love to live for a few years? This is an opportunity to learn a new language or adopt a new culture, make amazing friends, and experience a very different way of life. And if you’re happy in your life, you’ll be happy in your study.

Tips No.4 Take a reality check

Now that you have found your dream, let’s just stop a minute and make sure it’s realistic. Can you afford the flights, tuition and cost of living? Do you need to have certain qualifications first – English language proficiency, GMAT scores? Don’t get discouraged – a pathway program may be all you need to cross those hurdles. And if this really is your passion, then prove it in your scholarship application and you may get some financial help.

Tips No.5 Do your homework

You need to narrow down all your options to about five real, practical choices. That takes a lot of research. This website is a good place to start, then go online and ask questions in student discussion groups or register for online chats. Read student blogs to see what it’s really like. Glossy prospectuses don’t always tell you the full story, so talk to people you know who have studied in that country or city about what it’s really like.

Tips No.6 What’s important to you?

While you are researching, you’ll come up with all kinds of different criteria to judge a university or course by. So make a shortlist of the top three features you’re looking for. These could be school ranking or prestige, research facilities, practical experience and internships, cost of tuition, student support services, safety, social life, chance to travel… there are so many variables, and what’s right for you may be completely wrong for someone else.

Tips No.7 How do you like to study?

Hopefully you have some idea by now of how you prefer to study. And hopefully the answer is not ‘by sleeping’ or ‘by crossing my fingers as I walk into the exam hall.’ Some people prefer final exams, others like regular assignments to keep them busy throughout the year. Some like theory, others like practical hands-on application. Some like to work in groups, others like to work individually. Some like to present their assignment verbally, others prefer to create written reports. Choose a course that suits your study style, and you will be more confident in your success. Or, if you want to challenge yourself, choose a course that will take you out of your comfort zone!

Tips No.8 Look at your career prospects

Studying overseas can be expensive, so think of it as an investment in your future. And that means your career and your salary. Find out where other international students at that university have worked after graduation, and if there’s an active alumni network, or the opportunity to meet industry leaders during your course.

Tips No.9 Focus on the detail

Every subject has so many different options, so it’s good to know the most specific interest you have. Engineering students could study anything from bio-medical engineering to civil engineering. So if you’d rather build bridges than human body parts, understand that before you sign up.

Tips No.10 You can always change your mind

Yes, this is an important decision. But if you get there and you realise you’ve made a terrible mistake, it’s not too late. Talk to the student counsellor on campus, and see if there are better options for you there. Don’t spend the next five years of your life staring at textbooks you have no interest in whatsoever. Remember, it’s all about your passion – keep the excitement alive, and you will succeed!

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List the defenses to assert against a holder in due course

By: Unknown on 2:43 AM

List the defenses to assert against a holder in due course 

The holder in due course doctrine makes a commercial paper of agreement almost as transferable as cash. The creation of valid instrument may give rise to defense against their payment. There are generally two types of defenses: Real defenses and persona defenses. The personal defense cannot be raised against HDC, its only raise real defense. The HDC should honestly pay for the instrument and not know of anything wrong with it. If the instrument is overdue and not paid then HDC can use the court system to enforce system.

Real defenses can be raise against HDC and HDC cannot be able to recover the instrument if it is proven. Some of real defense are:

Infancy or minority: it is negotiable to the extent that it is defect to some extent. In some states, an infant who misrepresents his age is estopped from asserting infancy as a defense to a breach of contract. They must pay reasonable value of an instrument.

Extreme duress: extreme duress are real defenses and it is negotiable instrument as we assume extreme duress are done in the pressure by some other. It usually result of force and violence. For example promissory note signed at gunpoint are enforceable as it done on pressure.

Mental incapacity: the person who are not mentally capable to enter into the contract shouldn’t be consider as authorized person for establishing instrument. The person who are mentally sick or incapable should not issue a negotiable instrument, and it is void from its inception. Adjudicated mental incompetence can raise against holder or HDC.

Illegality: if an instrument is arises out of an illegal transaction and if the law declares the instrument void it is real defense. While establishing an instrument it must be done under state law otherwise it will not be negotiable instrument.

Bankruptcy: makers, and subsequent indorses are not liable to an HDC if they have been discharged in bankruptcy. Thus discharge in bankruptcy is a real defenses against the enforcement of negotiable instrument by a HDC or holder.

Fraud in inception: it is occur when someone signing a negotiable instrument thinking that is something else. It can be enforcement instrument by holder. If employee saying, “This is a receipt for goods we received a little while ago.” Boss signs it. But in actual it is not a receipt; it is promissory note. In this case the note is void.

Material alteration: an instrument that has been material altered cannot be enforced by an ordinary holder. Material or fraudulent alteration means either (1) an unauthorized change in an instrument that purports to modify in any respect the obligation of a party or (2) an unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party (Schmitz, 2012). So during the contract don’t leave instruments lying around with blanks that could be filled in.

An HDC is not subject to the obligor’s personal defenses. But a holder who is not an HDC is subject to them: thus they can be raise against enforcement of a negotiable instrument by an ordinary holder.

 In general, the personal defenses include breach of simple contract: lack of consideration; failure of consideration; duress, undue influence, discharge if instrument by payment or cancellation and misrepresentation that does not render the transaction void; breach of warranty; unauthorized completion of an incomplete instrument; prior payment. When a wrongdoer makes a false statement to another person to lead that person to enter into the contract with the wrongdoer thus those instrument are negotiable against original holder. Some of other personal defenses are non adjucated mental illness, illegality of contract that makes voidable.

Summary:

Real defenses can be arise against HDC and holder in following condition:

·         Infancy

·         extreme duress

·         mental incapacity

·         illegality

·         bankruptcy

·         fraud in inception

·         forgery

·         material alteration

Personal defenses cannot be raise against holder in due course. It can be raise against only original holder.

• ·         breach of simple contract
• ·         lack of consideration
• ·         failure of consideration
• ·         mental illness that makes contract voidable
• ·         discharge if instrument by payment or cancellation
• ·         illegality that makes contract voidable
• ·         duress or undue influence
• ·         misrepresentation

References

Cheeseman, H. R. (2006). Holder in Due course and Liabilty . In Contemporary Business and Online Commerce Law (pp. 413-419). Upper Saddle River, New jersery: Pearson Education Inc.

Schmitz, A. (2012, Dec 29). Holder in Due Course and Defenses. In Legal Aspects of Commercial Transactions (Chapter 24). Customary Creative Commons. Retrieved from http://2012books.lardbucket.org/books/legal-aspects-of-commercial-transactions/s27-holder-in-due-course-and-defen.html

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Definition of Holder in Due Course

By: Unknown on 2:37 AM

Definition of Holder in Due Course

The primary purpose of commercial paper or payment agreement between two parties is to act as substitute for money or value. There are two parties involve the holder and maker. A holder is a person in possession of an instrument payable to bearer or to the identified person possessing it. If the payment are not done on negotiable instrument, when it is due the holder can use court system to enforce the instrument, such that the holder has ordinary right. A holder simply hold the right of assignor’s to specific time more than that a holder can also have a right to acquire assignor’s personal liabilities if he/she fail to to make payment on pre agreement instrument. A holder with such a preferred position can then treat the instrument almost as money, free from the worry that someone might show up and prove it defective (Schmitz, 2012).

The holder in due course is unique in the field of negotiation instrument. A holder in due course is a holder who takes an instrument for value, in good faith and without notice that is defective or is overdue (Cheeseman, 2006). The personal defense cannot be raised against HDC its only raise real defense. The HDC should honestly pay for the instrument and not know of anything wrong with it. If the instrument is overdue then HDC can use the court system to enforce system.

Requirements for Being a Holder in Due Course

Under Section 3-302 of the Uniform Commercial Code (UCC), to be a holder in due course (HDC), a transferee must fulfill the following:

1. be a holder of a negotiable instrument;

2. Have taken it:

a) For value,

b) In good faith,

c) Without notice that it is overdue or has been dishonored (not paid), or

d.) the instrument bears no apparent evidence of forgery, alteration or irregularity.

References

Cheeseman, H. R. (2006). Holder in Due course and Liabilty . In Contemporary Business and Online Commerce Law (pp. 413-419). Upper Saddle River, New jersery: Pearson Education Inc.

Schmitz, A. (2012, Dec 29). Holder in Due Course and Defenses. In Legal Aspects of Commercial Transactions (Chapter 24). Customary Creative Commons. Retrieved from http://2012books.lardbucket.org/books/legal-aspects-of-commercial-transactions/s27-holder-in-due-course-and-defen.html

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Difference between Common Law of Contracts Vs UCC Law of Sales .

By: Unknown on 2:33 AM

Difference between Common Law of Contracts Vs UCC Law of Sales

Every business is subject to laws of each state at which they operate. As law are different from state to state, doing business becomes very much difficult, in 1949 the national conference of commissioner promulgated the uniform commercial law, which contains uniform rules that governs business, and every state need to accomplish UCC as a commercial statue. As every state accept UCC, all business are subjected to common law in every state under UCC Article, it creates informality in legal matter in various state.

The following shows the difference between common law and UCC law of sales.

Common Law of Contracts	UCC Law of Sales
It applies to contracts of real estate, insurance, service, employment contracts, sale of other intangible assets	This law applies to sale of goods and securities.  It doesn’t include sale of services.
Common law recognize firm offer rule: Any changes leads to rejection of offer.	Acceptance with minor changes does not cancel  the offer as original terms are still enforceable.
Option contract are irrevocable	Merchant’s firm offers are irrevocable if it is  writing with 3 months’ time period.
Contracts are modifiable only with additional consideration are placed.	No additional consideration is required if made  in good faith
Offer should include Price, quantity, time of performance, identity of offeree, nature of work.	It include only quantity of goods to be valid
Contracts are discharged due to impossibility like insanity/death of parties concerned or destruction of subject matter.	Contract is discharged as per UCC only because  of impracticability.

References

(2010, Jan 25). Differences between Common Law & UCC Sale: Retrieved from http://www.cpanet.com/cpa_forum/forum_posts.asp?TID=29832

Cheeseman, H. R. (2006). Formation of sales and lease contract. In Contemporary Business and Online Commerce Law fifth edi (pp. 286-298). Upper Saddle River, New Jersey : Person Education Inc.

                                                                                               

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Some of the circumstances for when a court would question the consideration being offered.

By: Unknown on 2:26 AM

Some of the circumstances for when a court would question the consideration being offered.

Consideration is legal value promised to another party when making a contract. It can take the form of either a tangible payment or the performance of act such as money, physical objects, services, promised actions, abstinence from a future action, and much more. If X signs a contract to buy a motorcycle from Y for $100,000, X's consideration is the $100,000, and Y's consideration is the motorcycle. Consideration consist of two elements: something of legal value must be given and there must be a bargained for exchange. If there is no element of consideration found, there is thus no contract formed.

Generally, courts do not inquire whether the deal between two parties was monetarily fair or not and do not question the adequacy of consideration in a contract, but that even a bargained for exchange of a peppercorn may form the basis of a valid contract. Some exceptions for when a court may question the considered offered are:

Illegal consideration: if the other party in contract used an illegal act to make payment in contract then these consideration are void by court. The illegal act doesn’t support the contract and promises shouldn’t be influence by the illegal activities. For example if someone is threatened to kill or had mental torcher in order to make payment then it can be treat as illegal consideration in that case court can question to considered.

Illusory promises: if the two parties have contract and done agreement on their responsibility, if at some time period one or both party chose not to perform their contractual obligation, then contract lacks consideration. It’s like false promises, first agree on duty and obligation in contract then avoid it on future.

Moral obligation: moral obligation is not treated as the legal consideration because it is based on promises made out of a sense of moral obligation and they lack consideration. The promises are done through affection and love. Gift promises and moral obligation are not considered supported by valid consideration. There is no any written document and it totally based on what parties thinks for each other.

Preexisting duty: A promises lacks consideration if a person promise to perform any duty that already they are obligate to do. The task that is responsibility of person to do and again if contract placed to do same task, then promises is unenforceable because no new consideration has been given. If the term of contract are change during the course of its performance such changes are unenforceable. For example Sam is today 10 years old. Sam dad promises Sam to give $5,000 if he will not smoke until his 18^th birthday. After 8 years in his 18^th birthday he asked $5,000 money but dad didn’t pay it. Because according to the law no one are allow to smoke until their 18^th birthday. Here Sam preexisting duty is not to smoke until he will 18 years old and in this case the promises lacks consideration and dad will win.

Past consideration: A promise based on a party’s past performance lacks consideration. If there is no new consideration is placed in the contract then this types of contract are unenforceable. Such that contract are enforceable if only if some new consideration is given to support the contract. For example if contractor promise to give bonus to their worker because they done great work last year and after some time if contractor refuse to give bonus, the worker cannot recovery the bonus because there is no any consideration. The contractor uses past consideration and these type of contract are unenforceable.

References

Cheeseman, H. R. (2006). Agreement and Consideration. In Contemporary Business and Online Commerce Law (pp 194-198). Upper Saddle River, New Jersey : Person Education Inc.

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The differences between an assaults as opposed to a battery:

By: Unknown on 2:15 AM

The differences between an assaults as opposed to a battery:

Assault and battery are both intentional torts against persons. However, they have certain differences. An assault is a threat; it is committed when someone “engages in conduct which places another in fear of receiving a physical harm.” A battery is committed when someone “causes bodily harm to an individual,” or “makes physical contact of an insulting or provoking nature with an individual.”

The main difference between the two offenses is the existence or nonexistence of a physical contact. While contact is an essential element of battery, there must be an absence of contact for assault.  In Criminal Law, an assault may additionally be defined as any attempt to commit a battery because when someone commits battery they usually have the intent to harm, and threaten the person before committing the physical act.

Some of major Differences between an assaults as opposed to a battery is as follows:

	Assault	Battery
Justification	Self-defense or defense, assault is defined as the threat of bodily harm that reasonably causes fear of harm in the victim	Self-defense, defense, necessity, battery is the actual unauthorized and harmful physical impact on another person.
Common Law	Intentional tort	Even a minor touching can qualify as batter providing it is painful, harmful, or offensive to the victim.
Important aspect	Threat of violence is enough to constitute assault; no physical contact is necessary	intentional physical contact with an individual is mandatory
Purpose	To threaten that causes fear of harm in the victim.	When someone commits battery they usually have the intent to harm.
Nature of crime	Not necessarily physical contact is necessary. The degrees of assault determine the range of punishment to be administered for the crime.	Degrees of battery include first degree, second degree, and third degree. Each degree describes how serious the crime may be and punishment is decided by level of crime.

References

FreeAdvice. (n.d.). What is the difference between assault and battery? Retrieved from Criminal Law: http://criminal-law.freeadvice.com/criminallaw/violent_crimes/assault_battery.html

Cheeseman, H. R. (2006). Torts and Privacy. In Contemporary Business and Online Commerce Law (5th edi). Upper Saddle River, New Jersey: Person Education Inc.

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Identify and list all of the intentional torts

By: Unknown on 2:08 AM

Identify and list all of the intentional torts.

An intentional tort requires an overt act, some form of intent, and causation. Intentional torts are actions taken with the intent to harm another person or another's property. The intent to harm does not have to be hostile or immoral. The law of intentional torts requires that the person causing the harm either knew or should have known that his or her actions would result in harm. Torts can be intentional and unintentional torts. Intentional torts are categorized as Intentional Torts against persons and Intentional torts against Property.

A. Intentional Torts against Persons:

·         Assault

·         Battery

·         False Imprisonment

·         Malicious Prosecution

·         Intentional Infliction of Emotional Distress

·         Defamation of Character

·         Invasion of the right to privacy                    

B. Intentional Torts against Property:

Trespass to Land: This is the case when a person uses another person’s land in an unauthorized manner despite the fact that the land is not being used by the owner. For example the land has been use to another party to grow Gazza is trespass but using the land for the good purpose like to save children is not trespass.

Trespass to and conversion of personal property: Trespass to personal property refers to the case when a person injures another person’s personal property. The suffered party can sue to other party. For example breaking other mobile makes us personal liable to make replace by another one.   

References

Cheeseman, H. R. (2006). Torts and Privacy. In Contemporary Business and Online Commerce Law (5th edi). Upper Saddle River, New Jersey: Person Education Inc.

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State the four types of invasion of privacy torts.

By: Unknown on 2:04 AM

State the four types of invasion of privacy torts. 

An invasion of privacy occurs when there is an intrusion upon your reasonable expectation to be left. In the American Justice System there are four types of privacy tort they are as follows.

Unreasonable intrusion upon another's privacy

This tort creates liability for intentional intrusion in another's private affairs if the intrusion would be highly offensive to a reasonable person. Intrusion is a claim often based on the act of news gathering. A reporter can be sued even when the information obtained is never published. It occurs when a reporter gathers information about a person in a place where that person has a reasonable right to expect privacy.

A man with binoculars regularly climbs a tree in his yard and watches a woman across the street undress through her bathroom window. Her injury is the emotional distress she suffers upon seeing the perpetrator looking at her (FindLaw, n.d.).

Commercial Appropriation of Name or Likeness

This is the most common privacy tort. It involves use of someone's name or likeness for commercial benefit. Plaintiffs may make a claim for damages if any one uses their name or likeness for benefit without the other party's permission. Usually this involves a business using a celebrity's name or likeness in an advertisement. But it doesn't involve accidental use of other name and if there is no any hidden benefit.

For example, a woman about to deliver a baby via caesarian section agrees to allow the operation to be filmed for educational purposes only; but instead it is shown to the public in a commercial theater. This is an invasion of her privacy. (FindLaw, n.d.)

Unreasonable publicity given to another's private life

This tort involves publicity concerning someone's private life if it would be highly offensive to a reasonable person, and it is not of legitimate concern to the public. Courts have recognized that certain intimate details about people, even though true, may be "off limits" to the press and public.

Publicity placing another in a false light before the public.

A false light claim is similar to a defamation claim in that it allows an individual to sue for the public disclosure of information that is misleading (or puts that person in a "false light"), but not technically false. Because it so closely parallels defamation, false light is the most controversial privacy tort. The key difference is that defamation claims only apply to the public broadcasting of false information; and as with defamation, sometimes First Amendment protections prevail.

Generally, a false light claim must contain the following elements:

(1) a publication by the defendant about the plaintiff; (2) it was done with reckless disregard; (3) it places the plaintiff in a false light and (4) it would be highly offensive or embarrassing to a reasonable person.

 

References

Cheeseman, H. R. (2006). Torts and Privacy. In Contemporary Business and Online Commerce Law (5th edi). Upper Saddle River, New Jersey: Person Education Inc.

FindLaw. (n.d.). Invasion of Privacy. Retrieved from http://injury.findlaw.com/torts-and-personal-injuries/invasion-of-privacy.html

Student press Law Center. (2011). SPLC Legal Brief: invasion of privacy law. Retrieved from http://www.splc.org/knowyourrights/legalresearch.asp?id=29

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