...nancial. However, as set out by the Court in Allied-Bruce and Southland Corp the FAA confines the level to which any given state court and statue can circumvent the specified purpose of the Act and limit the rights of involved parties who have arrived into arbitration arrangements (Hayford, 2000).
The Arbitration Fairness Act declares no dispute regarding arbitration of an employment, consumer, anti-trust, or civil right dispute be deemed a valid or enforceable pre-dispute arbitration agreement. The act has many arguments against it that increases the number of cases that are filed or even overburden by the courts. The consumer should not have benefits of the law that has been evolved because of the expense it causes. Although this is implied, business should have the ability to use contact laws that would force this result.
The Arab-Israeli conflict is a struggle between the Jewish state of Israel and the Arabs of the Middle East concerning the area known as Palestine. The term Palestine has been associated variously and sometimes controversially with this small region. Both the geographic area designated by and the political status of the name have changed over the course of some three millennia. The region, or a part of it, is also known as the Holy Land and is held sacred among Jews, Christians, and Muslims. In the twentieth century it has been the object of conflicting claims of Jewish and Arab national movements, and the conflict has led to prolonged violence and in several instances open warfare opposing Israel's existence. These wars, which occurred during the years of nineteen forty-eight to nineteen forty-nine, nineteen fifty-six, nineteen sixty-seven, nineteen seventy-three to nineteen seventy-four, and nineteen eighty-two were complicated and heightened by the political, strategic, and economic interests in the area of the great powers. This fight is the continuation of an Arab-Jewish struggle that began in the early 1900's for control of Palestine. The historic and desirable region, which has varied greatly since ancient times, is situated on the eastern coast of the Mediterranean in southwestern Asia. The strategic importance of the area is immense. Through it pass the main roads from Egypt to Syria and from the Mediterranean to the hills beyond the Jordan River. Palestine is now largely divided between Israel and the Israeli-occupied territories, parts of which are self-administered by Palestinians. The ongoing feud is and was based around competing land claims and the two opposing viewpoints are that the Palestinians lived in the region long before Jews began moving there in large numbers in the late 1800's and that Jews believed they were justified by Zionism. “Chiefly, today’s Palestine question has to do with Jews and Arabs. Over the centuries, both groups have developed deep historical roots in a place both regard as a Holy Land. Both have strong emotional ties to it.” (Carrol, 3) This paper will discuss how discrimination against Arab-Palestinians is justified by Zionism and the results of these actions, the origins, purposes, and effects of the Arab “Intifada,” and what the future holds for the Arabs and Jews living in a race/religion biased land.
This essay will consist of a close reading of a passage from Marx’s Economic and Philosophical Manuscripts of 1844, published in 1927 after
A recent case decision from the Delaware Court of Chancery, Cigna Health and Life Ins. Co. v. Audax Health Solutions, Inc., called into question the use of special provisions in the letter of transmittal to bind non-signatory shareholders, and the use of a post-closing indemnification provision, contained in a merger agreement, that is not limited in duration or subject to a monetary cap.
The company Builder Square, Inc. was in the market to sell, subletting, or leasing vacant K-mart stores, in-turn found Network Group to carry out this process throughout the Ohio area. A deal was struck that Reisenfeld’s with the company Network that they would receive $1 per square foot for a store that was subleased totaling $260,320 in commissions. Unfortunately, Network’s sole shareholder was defrauding BSI in various ways. As a result, that Reisenfeld’s was left high and dry, with no money from the commission. After having a suit brought against Reisenfeld’s, and BSI stated that under restitution (unjust enrichment). Under Ohio law, there are three elements for quasi-contract claim. There must be (1) a benefit conferred by the plaintiff upon the defendant; (2) knowledge by the defendant of the benefit; (3) retention of the benefit by the defendant under circumstances where it would be unjust to do without payment (Kubasek, 2015, p. 313). It is the third one that the disagreement was based on was having the problem with; whether it would be unjust for BSI to retain the benefit it received without paying Reisenfeld’s for it. The courts ruled that Reisenfeld’s may seek payment from BSI under quasi-contract theory this in fact overruled the trial court’s judgment.
In this paper a brief definition shall be given of what Gothic Fiction is. The main part will deal with the Gothic elements within Jane Eyre in chronological order. In a final step special attention will be given to the uncanny as it is found during several incidents within Thornfield Hall and why it is different from the classic Gothic. This will be done with special attention to the character of Bertha Mason – the protagonist when it comes to the Gothic aspect of the novel.
However prior to the modern understanding of Consumer Rights there was a understanding of Caveat Emptor – Buyer Beware –this has been a fundamental premise of consumer wellbeing prior to World War ‖ , relation to transactions, principle that the buyer purchases at his own risk in the absence of an express warranty in the contract . This common law rule assumes that buyers and sellers are in an equal bargaining position. However there has been evident change in consumer rights which have contributed to the precedence of using Caveat Emptor is no longer acceptable, apparent in the case ACCC v Hewlett Packard Australia (HP), illustrated that no longer can a company ...
This often results in fewer individuals choosing to go forward with arbitration when a dispute arises. Without increased regulation of the arbitration process and rules, corporations can engineer clauses to exploit consumers. According to Honore Johnson, a researcher at Cornell University, corporations often insert arbitration clauses into their contractual agreements in order to increase the odds that litigation will not go forth when a dispute arises.
Having evaluated the current state of English contract law, mainly made up of piecemeal solutions, it can be seen that despite being satisfactory and doing its job, there still remain gaps within the law of contract where unfairness is not dealt with. Moreover, due to the ad hoc nature of those piecemeal solutions, the latter have often produced inconsistent justice and have manifested cases of unfairness. Hence, “a relatively small number of respected Justices have endeavored to draw attention to the fact that the application of a general principle might be useful and even necessary in English law.”
The German thinker, Karl Marx (1818-1883), wanted to understand and explain the changes that occurred in society at the time of the Industrial Revolution in Europe. (ibid) In 1843 Marx met Engels in Paris. It marked the beginning of a lifelong of friendship and professional collaboration. In 1848 Marx and Engels published “The Communist Manifesto”. The Manifesto outlined the struggles between classes. From then onwards it has become apparent that Marx was not an economist. His theories are a combination of economics, history, sociology and politics. Marx moved to London in 1849 where he spent the rest of his life.
Karl Marx, in the Capital, developed his critique of capitalism by analyzing its characteristics and its development throughout history. The critique contains Marx’s most developed economic analysis and philosophical insight. Although it was written in 1850s, its values still serve an important purpose in the globalized world and maintains extremely relevant in the twenty-first century.
The courts will not grant an injunction in circumstances that effect to be an order for specific performance where it would not generally be allowed. For example, in a case of Page One Records v Britton, The claimant record company, owned by Larry Page, was the manager of the pop group, The Troggs. By contract, The Troggs agreed that Page One Records would be their manager and sole agent for 5 years in return for 20% of their profits. By a term of the contract The Troggs agreed not to appoint anyone else for the duration. However, their relationship with Larry Page broke down and The Troggs wrote a letter to the claimant seeking to terminate the contract. The claimant sought an injunction to prevent The Troggs appointing a new manager. It is held that the injunction was refused as when come to granting an injunction, it need to be akin to ordering specific performance of a contract for personal services since the effect of the injunction would be to compel, The Troggs to continue to employ the claimant or not work at