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Anylitical Essay Topic Sentence
Thursday, September 3, 2020
Overpopulation In Less Developed Countries Essay Sample free essay sample
Thomas Malthus was a schoolmaster financial master whose central expectation in printing a book on populace was to reason against theindiscriminate utilization of cultural open help. Malthusââ¬â¢s Essay on Population which Darwin read ( 1838 ) was the place the previous kept up that a larger number of people are brought into the world than can last and that the capacity of adaptation to nature is the ground for the continuance of the fittest. The political financial master composed: ââ¬Å"Nature is fertile to the point that any indiscreet exertion to calm destitution will advance unsupportable augmentations in populace. what's more, would accordingly simply decline the anguish it is assigned to reduce. Similarly far as Iââ¬â¢m concerned. nature isun-improvable. Social reformists should henceforth let occasions to take their inescapable class and permit war. sickness and famishment procure the abundance. â⬠Here are a few explanations posted by present day monetary specialists for and against the idea that thepopulation developing is a genuine jobin creating states.[ I ] A. The Extremist Argument:Population developing is viewed as the chief reason for destitution. low degrees of life. lack of healthy sustenance. wiped out wellbeing. natural degradation. A ; an expansive cluster of other cultural employments. [ 1 ] Todaro. Michael.Economic Development.2000. Oxford University Press: London. Segment Information India Indiaââ¬â¢s populace increases at a pace of around 1. 8 % . yearly. The countryââ¬â¢s whole populace is evaluated to be 1 billion. India other than holds 15 % of the worldââ¬â¢s populace and is second to China [ which is the most populated state known to mankind ] . what's more, Indiaââ¬â¢s topographic point can be credited to the undermentioned characteristics: 1. ) the state is turning as a modern base. 2. ) India contributes a lot of gross on hamburger uping itself as an army installation. furthermore, 3. ) the state is a top area for innovative work in logical order and designing. The per centum of GNP ( Gross National Product ) credited to agribusiness [ as an organization of help ] is 62. Indiaââ¬â¢s social legacy is fixated on a standing framework which speaks to the nationââ¬â¢s outright demeanor towards cultural examples which depend for the most part on the various leveled division of profound awards and word related advantages. There are four wide classs of positions ( Varna ) . counting a class of outcastes. prior called ââ¬Å"untouchablesâ⬠however now ordinarily alluded to as ââ¬Å"dalitsâ⬠. Inside these wide classs there are 1000s of positions and subcastes. whose relative position differs from part to part.Despite financial modernisation and Torahs countering bias against the lower terminal of the class development. the position framework stays an of import start of cultural assignment for most Hindus and an amazing variable in the political existence of the state. India other than has 18 etymological correspondences [ Hindi. English. A ; 16 other authority semantic correspondences ] . a reality that is molded by this station framework. each piece great. At long last. the countryââ¬â¢s profound strict requests are isolated according to centums thus: Hindu 81. 3 % . Muslim 12 % . Christian 2. 3 % . Sikh 1. 9 % . different gatherings including Buddhist. Jain. Parsi 2. 5 % . 3 Cultural Factors That Impede Change Religion. the rank framework. also, etymological correspondence are three factors that add to the fast pace of developing in populace for the prima state. among the other lesser created states [ LDC ] . The rank framework isolates the individuals in India since this detachment offers way to wasteful airing of instructive stuff relating tobirth control. There is other than the semantic correspondence boundary to find in this activity referingconsciousnessand an interest for the residents of this state to be fairly educated about populace control techniques. At last. confidence other than introduces itself as a vocation since this is a state whereabortionis non something that India looks benevolent on. Position: Despite the fact that the facts demonstrate that occupations emerge from overpopulation ( around the universe ) we should recover what we have realized. that populace ( developing ) is a double edged sharp edge. The correct regulation to hold fast to is that of accepting that for each activity there is an answer A ; most fundamentally that Life in this universe should neer be thought of as an obligation. Indiaââ¬â¢sbabe roaris an or more to its monetary goalsââ¬the 1s which center around industrialisation and opportunity from universe obligation.
Saturday, August 22, 2020
CustomResearchPapers EssayMaker - Custom Research Papers
CustomResearchPapers EssayMaker - Custom Research PapersCustomResearchPapers EssayMaker is a powerful English research paper software that allows students to create and submit essay free of charge. It has several modes to use the software, allowing a student to freely choose one of the options available depending on the desired mode.The user can create and submit an essay for a fee using just their web browser using this tool. Students are able to register to the application with a username and password and instantly register themselves in writing for free.The service allows the users to see how well they are doing in composing and editing their essays before they submit it. Each essay is assigned a difficulty and one can be graded by the faculty through the Online Course Assignments. The level of difficulty is based on the assignment that the user is working on and also how far he/she has progressed.The essay forms will consist of some sentences which are complex, making them diffic ult to understand. The teacher will grade the essay using a scale of difficulty, with the higher value appearing at the top of the scale. However, the software itself cannot be graded.The software consists of the free Instant Essay Form, where the student can use the program to make essays on specific topics that they want to research. To write the essay, they can also type in the topic as long as the topic matches the material that is already used on the homework paper.The Instant Essay Form is quite a simple form to use and takes very little time to finish. This means that most of the research is done during the assignment itself, which is something the students do not like because they find it time consuming. This is where the Online Course Assignments comes in.The Online Course Assignments works by connecting students with professors, through email or chat, so that they can take the necessary assignments for their assignments. This is one of the best parts of the CustomResearchP apers EssayMaker service, because it saves the students the time of travelling from classroom to classroom, talking to the instructor, writing up the assignment and then submitting it.The professors will have access to the topics covered by the course assignments, which allows them to select the proper topic for the assignments. This is much easier to do than it would be for the students to have to write an essay themselves, which could take hours.
Friday, August 21, 2020
Prison Term Policy Recommendation Essay
As a reasonable issue, it is brilliant to support a bill that tends to a genuine concern, makes legitimate utilization of assets and adequately addresses the issue for which it was planned. It is realized that survivors of furnished thefts need to see the guilty parties rebuffed. It is recognizable that the publicââ¬â¢s want is to be sheltered and shielded from being a survivor of outfitted theft. While then again, the council must show alert in enacting no matter how you look at it condemning and guard attentiveness for the legal framework to consider the particular perspectives that makes each case. ââ¬Å"Yet backers of merited discipline contend that it isn't naturally apparent how transitional approvals contrast and either jail or probation as far as seriousness, nor is it clears how they contrast and one anotherâ⬠(Clear, et. al., 2008). For instance putting one guilty party on concentrated probation while requesting another to pay an overwhelming fine may disregard the equivalent discipline method of reasoning of appropriate reward. Any suggestion ought to look at the proposed bill and the Criminal Justice System. Decency is abstract; despite this each general public will shape a progression of guidelines through which to safeguard the people and society from harm. In the event that an individual disregards one of the guidelines directed by culture, there is typically an agreement of what establishes an appropriate discipline. In the United States, we rely upon the Federal Sentencing Guidelines notwithstanding every stateââ¬â¢s appropriation of the Model Penal Code. Segment 1.02(1) of the Model Penal Code directions the assignment of discipline as ââ¬Å"to protect lead that is without risk from judgment as criminalâ⬠(culpability), ââ¬Å"to give reasonable alert of the idea of the lead affirmed to speak to an offenseâ⬠(legitimateness) and ââ¬Å"to separate on intelligent premise among genuine and minorâ offensesâ⬠(proportionality) (ââ¬Å"Model Penal Codeâ⬠, n.d.). Here we are alludi ng to furnished burglary. Thought about a crime, outfitted burglary will in general take an enormous punishment in the dominant part states. Among the essentials estimated in deciding whether a wrongdoing has been submitted, one must address the assorted degrees of culpability and additionally mitigating factors. Furnished burglary can be a savage very much structured wrongdoing in any case an awkward boneheaded endeavor. In the long run a consequence of blame must be made, by a prevalence of the evidence, with able legitimate assurance portrayal offered to the denounced. Simply after every one of these necessities are met can an adjudicator continue with condemning. These adjudicators must have watchfulness in considering the over three perspectives and weight them in like manner so as to convey a sentence that is reasonable and adjusted. While the network may want an agent to be trying on wrongdoing, the network will in general be thoughtful to media accounts of hoodlums who carry on of interruption or need. There has been solid protection from proposals that defer singular contemplations. Past the moment corrective impact, discipline can serve the need of expelling risky individuals from the general public, fill in as prevention to those slanted to perpetrate a wrongdoing and conceivably change crooks into decent residents. These social orders have likewise perceived that all together for any remedial demonstration to have its favored impact it needs to fit the wrongdoing. Remove for example the cutting from a hand for somebody discovered taking. Most western social orders would view this discipline as excessively extreme and those social orders that embraced this training have gone under investigation for these practices. Outfitted theft has no uncertainty been tended to inside these legal frameworks. Condemning rules ought to consistently speak to decency in dependability and proportionality. Likewise thought should be considered with regards to why new arrangement endeavors are being made for this specific wrongdoing. Is there a conviction that the available laws h ave shown exclusions or blunders that must be tended to? Has there been a disappointment of the equity framework in discipline of furnished burglaries? Are indicted furnished burglars being discharged from jail too soon? Do they develop to be recurrent guilty parties? Do these wrongdoings will in general ascent into murder or other vicious crimes? Are there exact occurrences where the current laws have neglected to serve equity? To choose the practicability of the bill, the conversation of remedial resources would be material. The consequence of this bill regardingâ maximum condemning (rather than required least condemning) copies the amendment time for the individual who is sentenced in the equipped burglary. In every particular case, to assess appropriate sentence and to gauge the seriousness of the wrongdoing, the billââ¬â¢s full power is to give more decisions to judges and the condemning board. This bill may not resist upholding the arrangements yet may gracefully more decisions for the serious cases which merit progressively extr eme discipline. References Clear, T.; Reisig, M.; Cole, G. (2008), American Corrections. Recovered from Google Books. Model Penal Code. (n.d.). Recovered from http://www1.law.umkc.edu/suni/crimlaw/mpc_provisions/mpc1021.htm
Friday, June 12, 2020
Have Law and Equity Influenced Each Other - Free Essay Example
1 Table of Cases Bank of Boston Connecticut v European Grain and Shipping Ltd Central London Property Trust Ltd v High Trees House Ltd Cresswell v Potter (1978) 1 WLR 255 Cuckmere Brick Co Ltd v Mutual Finance Ltd Earl of Oxfordà ¢Ã¢â ¬Ã¢â ¢s Case (1615) 1 Rep Ch 1 Napier and Ettrick (Lord) v Hunter Tinsley v Milligan United Scientific Holdings v Burnley Borough Council Walsh v Lonsdale Table of Statutes Bills Supreme Court Act 1981 Supreme Court of Judicature Act 1873 (36 37 Vict C. 66) Supreme Court of Judicature Act 1875 (38 39 Vict C. 77) à ¢Ã¢â ¬ÃÅ"à ¢Ã¢â ¬ÃÅ"Neither law nor equity is now stifled by its origin and the fact that both are administered by one Court has inevitably meant that each has borrowed from the other in furthering the harmonious development of the law as a wholeà ¢Ã¢â ¬Ã¢â ¢Ã ¢Ã¢â ¬Ã¢â ¢[1] In Order to critically evaluate the accuracy of the above statement and to enable a n analysis of the relative strengths of the à ¢Ã¢â ¬ÃÅ"dualismà ¢Ã¢â ¬Ã¢â ¢ and à ¢Ã¢â ¬ÃÅ"fusionà ¢Ã¢â ¬Ã¢â ¢ debate, in order to form a cogent narrative it will be necessary to briefly explore both the definitions, history, distinctions and development of common law and equity. Firstly, whilst definitions of the à ¢Ã¢â ¬ÃÅ"Common Lawà ¢Ã¢â ¬Ã¢â ¢ system differ it can be defined as the à ¢Ã¢â ¬ÃÅ"general lawà ¢Ã¢â ¬Ã¢â ¢ which is common to the realm, and also the body of law which has evolved by judges from precedent.[2] Moreover the definition of Equity in common parlance translates to fairness/justice (aequitas equitas). Although according to S Worthington, à ¢Ã¢â ¬ÃÅ"[à ¢Ã¢â ¬Ã ¦] even the most experienced of lawyers finds it difficult to give a short, intelligible answer to the question à ¢Ã¢â ¬ÃÅ"What is equity?à ¢Ã¢â ¬Ã¢â ¢[3] However, an eloquent definition was stated in Cresswell v Potter[4] à ¢Ã¢â ¬ÃÅ"The law which modifies the general common law rules where the general rules cause practical hardship in a particular case (restrains the unconscionable exercise of rights or powers at common law)à ¢Ã¢â ¬Ã¢â ¢. Prior to the Norman Conquest in 1066 England had no functional common law which was consistent ly applied to the whole of the realm, there existed only cursory oral rules and customs which were wide-ranging between different provinces,[5] for example the à ¢Ã¢â ¬ÃÅ"Jutes in the South having different laws to the Mercianà ¢Ã¢â ¬Ã¢â ¢sà ¢Ã¢â ¬Ã¢â ¢ along with informal gatherings and medieval Tests[6]. However, even post Norman Conquest the à ¢Ã¢â ¬ÃÅ"Leges Henrici Primi (c.1118)à ¢Ã¢â ¬Ã¢â ¢ documented fragmented legal codes and jurisdictions such as Mercian, Danelaw and Wessex law.[7] During the following three centuries post Norman Conquest (1066) the priority became the establishment of a strong à ¢Ã¢â ¬ÃÅ"Common lawà ¢Ã¢â ¬Ã¢â ¢ central to the realm mainly to safeguard à ¢Ã¢â ¬ÃÅ"Royal revenuesà ¢Ã¢â ¬Ã¢â ¢[8], which led to Royal envoys participating in local courts, such as the (the curia regis) by the thirteenth century the Common Law courts of Kingà ¢Ã¢â ¬Ã¢â ¢s Bench, the Court of Exchequer and the Court of Common Pleas w ere established.[9] During the reign of Henry II who has been credited with principally generating the advancement of the common law[10] with the royal envoys à ¢Ã¢â ¬ÃÅ"justiciae errantes (wandering justices)à ¢Ã¢â ¬Ã¢â ¢[11]. However, the common law was not without faults as the writ system was technical, inflexible and compounded by the provisions of Oxford 1258 and the statute of Westminster led to injustices.[12] Nevertheless, by the Fourteenth Century those who felt aggrieved could appeal to the Kingà ¢Ã¢â ¬Ã¢â ¢s conscience for a remedy, however the role was passed to the Lord Chancellor as à ¢Ã¢â ¬ÃÅ"Keeper of the Kings conscienceà ¢Ã¢â ¬Ã¢â ¢ due to the volume of appeals, with decisions based randomly on à ¢Ã¢â ¬ÃÅ"conscienceà ¢Ã¢â ¬Ã¢â ¢. This led to one of the historic criticisms of its application as arbitrary, as famously quoted by Jurist John Selden, à ¢Ã¢â ¬ÃÅ"Equity varies with the length of the Chancellors footà ¢Ã¢â ¬Ã¢â ¢[13]. Over the next few centuryà ¢Ã¢â ¬Ã¢â ¢s growing friction between equity and the common law courts increased, as the à ¢Ã¢â ¬ÃÅ"Court of Chancery acted as a check upon the common law ensuring that their application did not lead to a manifest injusticeà ¢Ã¢â ¬Ã¢â ¢[14].This conflict dramatically reached its nexus in the Earl of Oxfords Case[15] with the dispute being settled in 1616 by James I with the Court of Chancery gaining supremacy. Lord Ellesmere Stated, menà ¢Ã¢â ¬Ã¢â ¢s actions [à ¢Ã¢â ¬Ã ¦] diverse and infinite that it is impossible to make any General law which will [à ¢Ã¢â ¬Ã ¦] meet with every particular and not fail in some Circumstances. The office of the Chancellor is to correct menà ¢Ã¢â ¬Ã¢â ¢s consciences for fraud, breaches of trust, wrongs and oppressions[à ¢Ã¢â ¬Ã ¦] and to soften and mollify the extremity of the law.[16] This gave rise to the equitable maxim à ¢Ã¢â ¬ÃÅ"that where the law and equ ity conflict, equity prevailsà ¢Ã¢â ¬Ã¢â ¢[17] this principle was later given statutory authority under section 25[18] and re-enacted under section 49[19] after The three common law courts and the Court of Chancery were merged into a single Supreme Court, comprising of the High Court and the Court of Appeal. Under the Judicature Acts[20] allowing à ¢Ã¢â ¬ÃÅ"The jurisdiction of judges in the new Supreme Court was fused, this reduced delays and expense of starting separate actions as now all judges were able to use the whole range of common law and equitable rulesà ¢Ã¢â ¬Ã¢â ¢[21]. There remains a considerably contentious debate between legal scholars that has thundered on for well over one hundred and thirty years, as to whether the common law and equity are truly fused, either on a substantive or procedural level, those who believe in the dualist à ¢Ã¢â ¬ÃÅ"fusion fallacyà ¢Ã¢â ¬Ã¢â ¢ doctrine and even those who conclude whether they should be fused. P.V Baker[22] states à ¢Ã¢â ¬ÃÅ"that fusion [à ¢Ã¢â ¬Ã ¦] there is no distinction [à ¢Ã¢â ¬Ã ¦] between legal rights, remedies and thus cannot be supportedà ¢Ã¢â ¬Ã¢â ¢ this view is reinforced by J Martin[23] who states the à ¢Ã¢â ¬ÃÅ"Supreme Court act clearly, envisaged both equity and common law would [à ¢Ã¢â ¬Ã ¦] separate existenceà ¢Ã¢â ¬Ã¢â ¢ and that Lord Brandon[24] stated that à ¢Ã¢â ¬ÃÅ"important proceduresà ¢Ã¢â ¬Ã¢â ¢ changed, although no third party rights were altered [à ¢Ã¢â ¬Ã ¦] or were intended to be[25]. Although, controversially those who advocate à ¢Ã¢â ¬ÃÅ"fusionà ¢Ã¢â ¬Ã¢â ¢ suggest it is the à ¢Ã¢â ¬ÃÅ"awarding of legal remedies for a breach of an equitable rightà ¢Ã¢â ¬Ã¢â ¢[26]. However, P. Mason in Harris v Digital Pulse[27] did in a dissenting opinion argue that it [à ¢Ã¢â ¬Ã ¦] à ¢Ã¢â ¬ÃÅ"exposes the error of restricting equityà ¢Ã¢â ¬Ã¢â ¢s capacity to award compensation for infri ngement of a right recognised in the pre-Judicature Act eraà ¢Ã¢â ¬Ã¢â ¢ citing Viscount Haldaneà ¢Ã¢â ¬Ã¢â ¢s speech in Nocton v Lord Ashburton[28] Furthermore, Walter Ashburner argues[29] from a procedural dualist standpoint, that the judicature acts[30] only fused the administration of law by à ¢Ã¢â ¬ÃÅ"unifying Common law and equity into one court systemà ¢Ã¢â ¬Ã¢â ¢, it did not fuse the content of the two doctrines. The principles of equity and the principles of law remained separate: of jurisdiction, he likened both equity and the common law to that of two streams which run side by side [à ¢Ã¢â ¬Ã ¦] however à ¢Ã¢â ¬ÃÅ"never minglingà ¢Ã¢â ¬Ã¢â ¢ their waters. Moreover, Lord Diplock who has long been hailed as à ¢Ã¢â ¬ÃÅ"the most forceful exponent of fusion [à ¢Ã¢â ¬Ã ¦]à ¢Ã¢â ¬Ã¢â ¢[31] argues in obiter[32] the fusion of common law and equity is more substantive and has already occurred with the à ¢Ã¢â ¬ÃÅ"streamsà ¢Ã¢â ¬ â⠢ of equity and the common law [à ¢Ã¢â ¬Ã ¦] long since mingled togetherà ¢Ã¢â ¬Ã¢â ¢. In addition Lord Diplock went so far as to state that Ashburnerà ¢Ã¢â ¬Ã¢â ¢s metaphorical usage was both à ¢Ã¢â ¬ÃÅ"mischievous and deceptiveà ¢Ã¢â ¬Ã¢â ¢[33]. Nevertheless, Meagher, Heydon and Leeming[34] who are amongst the strongest supporters of dualism. Maintain that the decision in the United Scientific[35] as not only à ¢Ã¢â ¬ÃÅ"the low water mark of modern English jurisprudenceà ¢Ã¢â ¬Ã¢â ¢ and the conjecture that lord Diplock believing [à ¢Ã¢â ¬Ã ¦] à ¢Ã¢â ¬ÃÅ"the Statutes of Uses [à ¢Ã¢â ¬Ã ¦] of Quia Emptores played no contemporary part in English property law.à ¢Ã¢â ¬Ã¢â ¢[36] à ¢Ã¢â ¬Ã
âThe fusion fallacy involves the administration of a remedy, for example common law damages for breach of fiduciary duty, not previously available at law or in equity, or in the modification of principles in one branch of the jurisdictio n by concepts that are imported from the other and thus are foreign, for example by holding that the existence of a duty in tort may be tested by asking whether the parties concerned are in fiduciary relationshipsà ¢Ã¢â ¬Ã [37] However, there is seemingly an accord with Lord Diplock as Lord Denning M.R. who suggests a deeper fusion between equity and common law which would suggest that it has been fused for a considerable time. à ¢Ã¢â ¬ÃÅ"When law and equity have been joined together for over seventy years, principles must be considered in the light of their combined effectà ¢Ã¢â ¬Ã¢â ¢.[38] Furthermore, Peter Sparkes suggests, the à ¢Ã¢â ¬ÃÅ"doctrine of Walsh v Lonsdaleà ¢Ã¢â ¬Ã¢â ¢[39]. à ¢Ã¢â ¬ÃÅ"that an agreement for a lease is as good as a leaseà ¢Ã¢â ¬Ã¢â ¢. And cites Jessel MR, à ¢Ã¢â ¬ÃÅ"equitable rule prevailing [à ¢Ã¢â ¬Ã ¦] He appeared to espouse a true fusionà ¢Ã¢â ¬Ã¢â ¢[40]. And went on to argue that varying attempts to à ¢Ã¢â ¬ÃÅ"distort the decision and the old procedureà ¢Ã¢â ¬Ã¢â ¢ in order to à ¢Ã¢â ¬ÃÅ"make it fità ¢Ã¢â ¬Ã¢â ¢ with Ashburners procedural dualist standpoint, although in Sparkes opinion in reality it could à ¢Ã¢â ¬ÃÅ"only be explained as an example of true fusionà ¢Ã¢â ¬Ã¢â ¢[41]. It would on the face of it seem anomalous that a unified court with jurisdiction over both common law and equity would strictly preserve an historical distinction between them[42] and that it would suggest it would inevitably result in fusion[43] The à ¢Ã¢â ¬ÃÅ"fusion of law and equity is often categorised as if they were factà ¢Ã¢â ¬Ã¢â ¢[44] albeit that the reforms brought about by the Judicature Acts have clearly fused their administration. However, no new grounds of à ¢Ã¢â ¬ÃÅ"action, remedy or defence have been createdà ¢Ã¢â ¬Ã¢â ¢[45] as the Judicature Act was intended to rid the law of unnecessary delay overlap and complication[46] Moreover, Andr ew Burrows argues for more à ¢Ã¢â ¬ÃÅ"fusionà ¢Ã¢â ¬Ã¢â ¢ so We do this at common law and we do the same at equity[47] additionally taking account of Bakerà ¢Ã¢â ¬Ã¢â ¢s definition of à ¢Ã¢â ¬ÃÅ"fusionà ¢Ã¢â ¬Ã¢â ¢ à ¢Ã¢â ¬ÃÅ"there is no distinction [à ¢Ã¢â ¬Ã ¦] between legal rights, remedies [à ¢Ã¢â ¬Ã ¦]à ¢Ã¢â ¬Ã¢â ¢[48] this combined with David Hughes à ¢Ã¢â ¬ÃÅ"arguments counter to the fusionà ¢Ã¢â ¬Ã¢â ¢ of common law and equity such as à ¢Ã¢â ¬ÃÅ"Courts lacking the power to fuse common law and equityà ¢Ã¢â ¬Ã¢â ¢, and asserting that this would be exercising a à ¢Ã¢â ¬ÃÅ"radical law reform briefà ¢Ã¢â ¬Ã¢â ¢.[49] Remain à ¢Ã¢â ¬ÃÅ"compelling as [à ¢Ã¢â ¬Ã ¦] still deny the availability of a common law remedy for an equitable wrongà ¢Ã¢â ¬Ã¢â ¢.[50] Likewise, Jill Martin suggests, that the Courts of England and Wales have not followed other Commonwealth jurisdictions who appear to support and enc ourage the concept that the judicature Acts have in some way à ¢Ã¢â ¬ÃÅ"fusedà ¢Ã¢â ¬Ã¢â ¢ common law and equity substantively, such as is suggested in cases like United Scientific Holdings Ltd[51] and Cuckmere Brick Co Ltd[52] and have instead conversely reinforced the more orthodox view apparent from à ¢Ã¢â ¬ÃÅ"mortgage casesà ¢Ã¢â ¬Ã¢â ¢ and decisions of the à ¢Ã¢â ¬ÃÅ"House of Lordsà ¢Ã¢â ¬Ã¢â ¢ such as Napier v Hunter[53] and Tinsley v Milligan[54] which contain à ¢Ã¢â ¬ÃÅ"meticulous analyses of the separate common law and equitable origins and principles in areas such as subrogation and illegalityà ¢Ã¢â ¬Ã¢â ¢[55]. Consequently, in the context of the law in England and Wales and based on the in depth critical analysis of the à ¢Ã¢â ¬ÃÅ"fusion v dualismà ¢Ã¢â ¬Ã¢â ¢ debate the overall relative strength of the dualism argument is highly indicative that although there is administrative à ¢Ã¢â ¬ÃÅ"fusionà ¢Ã¢â ¬Ã¢â ¢, it is evident that common law and equity are still not à ¢Ã¢â ¬ÃÅ"fusedà ¢Ã¢â ¬Ã¢â ¢ in the substantive sense therefore, even with a high degree of harmonisation there has been no actual synthesis between the common law and equity post judicature Acts, and although the Courts can and do apply both rules to common law and equity as aptly illustrated by the maxim, à ¢Ã¢â ¬ÃÅ"Equity follows the lawà ¢Ã¢â ¬Ã¢â ¢ à ¢Ã¢â ¬Ã
âonly in cases when there is an important context disregarded or if the common law is used in an unconscionable way that equity interferes.à ¢Ã¢â ¬Ã [56]. Furthermore, as to the accuracy of the statement above[57] Gary Watt elucidates quite succinctly that à ¢Ã¢â ¬ÃÅ"nowadays this summary finds overall approvalà ¢Ã¢â ¬Ã¢â ¢[58] from most quarters due to harmonisation and evolution in both the common law and equity. Bibliography Books Alastair H and Hudson A,Equity and Trusts (Routledge Cavendish 2009) Arnold-Baker C,The Compan ion to British History, S.v. à ¢Ã¢â ¬ÃÅ"English Lawà ¢Ã¢â ¬Ã¢â ¢ (Loncross Denholm Press 2008) Ashburner W,Ashburnerà ¢Ã¢â ¬Ã¢â ¢s Principles of Equity. (2nd edn, Butterworth 1933) Atkins S,Equity and Trusts (Routledge 2013) Baker P and Langan P,Snellà ¢Ã¢â ¬Ã¢â ¢s Principles of Equity (29th edn, Sweet Maxwell 1990) Baker PV,Snellà ¢Ã¢â ¬Ã¢â ¢s Equity (23rd edn, Sweet Maxwell , London 1990) Clement R and Abass A,Equity Trusts, Text, Cases and Materials (2nd edn, Oxford University Press 2011) Equity and Trusts Law Directions, Fourth Edition, Gary Watt, 2014 Oxford University Press Equity and Trusts, Scott Atkins, 2013, Routledge Heydon JD, Gummow WMC and Austin RP,Cases and Materials on Equity and Trusts (4th edn, Butterworths 1993) Hudson A,Equity and Trusts (Routledge Cavendish 2012) Kelly D and Slapper G,The English Legal System (11th edn, Routledge 2010) Maitland F,Selected Historical Essays of F W Maitland: Chosen and I ntroduced by H M Cam (1957) 134 Martin E and Law J,A Dictionary of Law (Oxford University Press, USA 2006) Martin J and Hanbury,Modern Equity (Sweet Maxwell 2009) McDonald I and Street A, Equity Trusts Concentrate: Law Revision and Study Guide (Oxford University Press 2014) McDonald I and Street A,Equity Trusts Concentrate: Law Revision and Study Guide (Oxford University Press, USA 2011) McGhee J,Snellà ¢Ã¢â ¬Ã¢â ¢s Equity (Sweet Maxwell) Meagher R and Heydon J,Meagher, Gummow and Lehaneà ¢Ã¢â ¬Ã¢â ¢s Equity, Doctrines, and Remedies (Butterworths LexisNexis 2002) Meagher R, Heydon JD and Leeming M,Meagher, Gummow and Lehaneà ¢Ã¢â ¬Ã¢â ¢s Equity: Doctrines and Remedies (4th edn, 2002) 2-105 Plucknett TF,A Concise History Of The Common Law (Liberty Fund 1956) Simpson AWB,à ¢Ã¢â ¬ÃÅ"the Survival of the Common Law System; Then and Nowà ¢Ã¢â ¬Ã¢â ¢ (Sweet Maxwell 1974) Stenton LDM,English Justice Between the Norman Conquest and t he Great Charter, 1066-1215 (1st edn, Allen Unwin 1964) Thurston,A Practitionerà ¢Ã¢â ¬Ã¢â ¢s Guide to Trusts (Bloomsbury Professional 2006) Todd and Wattà ¢Ã¢â ¬Ã¢â ¢s Cases Materials on Equity and Trusts, 9thEdition, 2013, Oxford University Press, Gary Watt Toomer GJ,John Selden: A Life in Scholarship (Oxford, OUP 2009) Watt G, Equity and Trusts Law Directions (Oxford University Press) Watt G,Todd and Wattà ¢Ã¢â ¬Ã¢â ¢s Cases and Materials on Equity and Trusts (Oxford University Press, USA 2007) Wilson S,Todd ; Wilsonà ¢Ã¢â ¬Ã¢â ¢s Textbook on Trusts (Oxford University Press 2013) Worthington S,Equity (2nd edn, OUP 2003) Journal Articles Baker P., à ¢Ã¢â ¬ÃÅ"Future of Equityà ¢Ã¢â ¬Ã¢â ¢, (1977) 93 Law Quarterly Review 529 540 https://www.heinonline.org.ergo.glam.ac.uk/HOL/Index?index=journals/lqrcollection=journals accessed 12 November 2014 Burns F, à ¢Ã¢â ¬ÃÅ"The Fusion Fallacy Revisitedà ¢Ã¢â ¬Ã¢â ¢ (1993) 5 Bond Law Review Burrows A, à ¢Ã¢â ¬ÃÅ"We Do This At Common Law But That In Equityà ¢Ã¢â ¬Ã¢â ¢ (2002) 22 Oxford Journal of Legal Studies Chesterman S, à ¢Ã¢â ¬ÃÅ"Beyond Fusion Fallacy: The Transformation of Equity and Derridaà ¢Ã¢â ¬Ã¢â ¢s à ¢Ã¢â ¬Ã
âThe Force of Lawà ¢Ã¢â ¬Ã à ¢Ã¢â ¬Ã¢â ¢ (1997) 24 JOURNAL OF LAW AND SOCIElY 350 Hughes DA, à ¢Ã¢â ¬ÃÅ"A CLASSIFICATION OF FUSION AFTER HARRIS V DIGITAL PULSEà ¢Ã¢â ¬Ã¢â ¢ 29(2) UNSW Law Journal 38 James E, à ¢Ã¢â ¬ÃÅ"A à ¢Ã¢â ¬Ã
âFusion Fallacyà ¢Ã¢â ¬Ã Fallacy?à ¢Ã¢â ¬Ã¢â ¢ (2003) 119 Law Quarterly Review 375-380 Jho R, à ¢Ã¢â ¬ÃÅ"The à ¢Ã¢â ¬Ã
âFusion Fallacyà ¢Ã¢â ¬Ã between Equity and Common Law: A Criticle Analysisà ¢Ã¢â ¬Ã¢â ¢ (2014) 56 NSWLR https://racheljho.files.wordpress.com/2014/04/the-fusion-fallacy-between-equity-and-common-law.pdf Martin J, à ¢Ã¢â ¬ÃÅ"Fusion, Fallacy and Confusion; a Comparative Studyà ¢Ã¢â ¬Ã¢â ¢ [1994] Conveyancer and Property Lawyer Sparkes P, à ¢Ã¢â ¬ÃÅ"WALSH V LONSDALE THE NON-FUSION FALLACYà ¢Ã¢â ¬Ã¢â ¢ (1988) 8 Oxford Journal of Legal Studies Tilbury M, à ¢Ã¢â ¬ÃÅ"Fallacy or FurphyÃÆ'à ¢Ã ¢Ã¢â¬Å¡Ã ¬Ãâà ¯: Fusion in a Judicature Worldà ¢Ã¢â ¬Ã¢â ¢ (2003) 26 (2) U.N.S.W. Law Journal 357 Websites à ¢Ã¢â ¬ÃÅ"Judges and the Lawà ¢Ã¢â ¬Ã¢â ¢ https://www.open.edu/openlearn/society/the-law/judges-and-the-law/content-section-2.1 accessed 12 November 2014 à ¢Ã¢â ¬ÃÅ"Legislation.gov.ukà ¢Ã¢â ¬Ã¢â ¢https://www.legislation.gov.uk/ukpga/1981/54/section/49 accessed 12 November 2014 à ¢Ã¢â ¬ÃÅ"TheNationalArchivesà ¢Ã¢â ¬Ã¢â ¢ https://www.nationalarchives.gov.uk/pathways/citizenship/citizen_subject/law.htm accessed 11 November 2014 Cases Bank of Boston Connecticut v European Grain and Shipping Ltd Central London Property Trust Ltd v High Trees House Ltd Cresswell v Potter (1978) 1 WLR 255 Cuckmere B rick Co Ltd v Mutual Finance Ltd Earl of Oxfordà ¢Ã¢â ¬Ã¢â ¢s Case (1615) 1 Rep Ch 1 Napier and Ettrick (Lord) v Hunter Tinsley v Milligan United Scientific Holdings v Burnley Borough Council Walsh v Lonsdale Statutes Supreme Court Act 1981 Supreme Court of Judicature Act 1873 (36 37 Vict C. 66) Supreme Court of Judicature Act 1875 (38 39 Vict C. 77) 1 [1] (per Somer J, Elders Pastoral Ltd v Bank of New Zealand [1989] 2 NZLR 180 at 193). [2] Elizabeth Martin and Jonathan Law, A Dictionary of Law (Oxford University Press, USA 2006). [3] Sarah Worthington, Equity (OUP 2003). [4] [1978] 1WLR 255) [5]Theodore FT Plucknett, A Concise History Of The Common Law (Liberty Fund 1956). [6] à ¢Ã¢â ¬ÃÅ"Judges and the Lawà ¢Ã¢â ¬Ã¢â ¢ https://www.open.edu/openlearn/society/the-law/judges-and-the-law/content-section-2.1 accessed 12 November 2014. [7]à ¢Ã¢â ¬ÃÅ"The National Archivesà ¢Ã¢â ¬Ã¢â ¢ https://www.nationalarchives.gov.uk/pathways/citizenship/citizen_subject/law.htm accessed 11 November 2014. [8] Martin (n 2) 109. [9] Ibid 109. [10] Lady Doris Mary Stenton, English Justice Between the Norman Conquest and the Great Charter, 1066-1215 (1st edn, Allen Unwin 1964) [11] Martin (n 2) 109. [12] David Kelly and Gary Slapper, The English Legal System (11th edn, Routledge 2010) [13]GJ Toome r, John Selden: A Life in Scholarship (Oxford, OUP 2009). [14] Iain McDonald and Anne Street, Equity Trusts Concentrate: Law Revision and Study Guide (Oxford University Press 2014). [15] (1615) 1 Rep Ch 1 [16] Lord Ellesmere, in the Earl of Oxfords Case [1615] 1 Rep Ch 1 [17] McDonald (n 13) 9. [18] Supreme Court of Judicature Act 1873 (36 37 Vict c. 66) [19] Supreme Court Act 1981 [20] Supreme Court of Judicature Act 1873 (36 37 Vict c. 66) and the Supreme Court of Judicature Act 1875 (38 39 Vict c. 77) [21] McDonald (n 13) 9. [22] P. Baker, à ¢Ã¢â ¬ÃÅ"Future of Equityà ¢Ã¢â ¬Ã¢â ¢, (1977) 93 Law Quarterly Review 529 540 https://www.heinonline.org.ergo.glam.ac.uk/HOL/Index?index=journals/lqrcollection=journals accessed 12 November 2014. [23] Martin (n 22) 1. [24] ibid [25] Bank of Boston Connecticut v European Grain and Shipping Ltd [1989] A.C. 1056 at p. 1109. [26] Rachel Jho, à ¢Ã¢â ¬ÃÅ"The à ¢Ã¢â ¬Ã
âFusion Fallacyà ¢Ã¢â ¬Ã between Equity and Common Law: A Criticle Analysisà ¢Ã¢â ¬Ã¢â ¢ (2014) 56 NSWLR https://racheljho.files.wordpress.com/2014/04/the-fusion-fallacy-between-equity-and-common-law.pdf. [27] Pty Ltd [2003] NSWCA 10 [28] [1914] AC 932 [29] W Ashburner, Ashburnerà ¢Ã¢â ¬Ã¢â ¢s Principles of Equity. (2nd edn, Butterworth 1933). [30] Supreme Court of Judicature Act 1873 (36 37 Vict c. 66) and the Supreme Court of Judicature Act 1875 (38 39 Vict c. 77). [31] JD Heydon, WMC Gummow and RP Austin, Cases and Materials on Equity and Trusts (4th edn, Butterworths 1993) 27. [32] United Scientific Holdings v Burnley Borough Council AC 904 924-925. [33] ibid [34] Roderick Meagher, John Dyson Heydon and Mark Leeming, Meagher, Gummow and Lehaneà ¢Ã¢â ¬Ã¢â ¢s Equity: Doctrines and Remedies (4th edn, 2002) 2-105. [35] R Meagher and J Heydon, Meagher, Gummow and Lehaneà ¢Ã¢â ¬Ã¢â ¢s Equity, Doctrines, and Remedies (Butterworths LexisNexis 2002). [36] ibid [37] Ibid (n 34) [38] Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130. [39] (1882) 21 ch D 9. [40] PETER SPARKES, à ¢Ã¢â ¬ÃÅ"WALSH V LONSDALE THE NON-FUSION FALLACYà ¢Ã¢â ¬Ã¢â ¢ (1988) 8 Oxford Journal of Legal Studies 350. [41] ibid [42] AWB Simpson, à ¢Ã¢â ¬ÃÅ"the Survival of the Common Law System; Then and Nowà ¢Ã¢â ¬Ã¢â ¢ (Sweet Maxwell 1974). [43] Ibid (n 26) [44] Michael Tilbury, à ¢Ã¢â ¬ÃÅ"Fallacy or FurphyÃÆ'à ¢Ã ¢Ã¢â¬Å¡Ã ¬Ãâà ¯: Fusion in a Judicature Worldà ¢Ã¢â ¬Ã¢â ¢ (2003) 26 (2) U.N.S.W. Law Journal 357, 26 U.N.S.W.L.J. 357 2003. [45] Martin (n 22) 1. [46] ibid (n 13) 9. [47] A Burrows, à ¢Ã¢â ¬ÃÅ"We Do This At Common Law But That In Equityà ¢Ã¢â ¬Ã¢â ¢ (2002) 22 Oxford Journal of Legal Studies. [48] Baker (n 22) [49] Meagher (n 35) 2-320. [50] David A Hughes, à ¢Ã¢â ¬ÃÅ"A CLASSIFICATION OF FUSION AFTER HARRIS V DIGITAL PULSEà ¢Ã¢â ¬Ã¢â ¢ 29(2) UNSW Law Journal 38. [51] United Scientific Holdings v Burnley Borough Council AC 904 924-925. [52] Cuckmere Brick Co. Ltd. v. Mutual Finance Ltd [1978] A.C. 904. [53] Napier and Ettrick (Lord) v. Hunter [1993] 2 W.L.R. 42. [54] Tinsley v. Milligan [1993] 3 All E.R. 65. [55] Jill Martin, à ¢Ã¢â ¬ÃÅ"Fusion, Fallacy and Confusion; a Comparative Studyà ¢Ã¢â ¬Ã¢â ¢ [1994] Conveyancer and Property Lawyer. [56] P Baker and P Langan, Snellà ¢Ã¢â ¬Ã¢â ¢s Principles of Equity (29th edn, Sweet Maxwell 1990). [57] Ibid (n 1) [58] Gary Watt, Equity and Trusts Law Directions (Oxford University Press) 10.
Sunday, May 17, 2020
First Battle of Bull Run
The Battle of Bull Run was the first major battle of the American Civil War, and it occurred, in the summer of 1861, when many people believed the war would probably only consist of one big decisive battle. The battle, which was fought in the heat of a July day in Virginia, had been carefully planned by generals on both the Union and Confederate sides. And when inexperienced troops were called upon to execute the fairly complicated battle plans, the day turned chaotic. While it looked for a time like the Confederates would lose the battle, a fierce counterattack against the Union Army resulted in a rout. By the end of the day thousands of demoralized Union troops were streaming back to Washington, D.C., and the battle was generally seen as a disaster for the Union. And the failure of the Union Army to secure a quick and decisive victory made it clear to Americans on both sides of the conflict that the Civil War would not be the short and simple affair many assumed it would be. Events Leading to the Battle After the attack on Fort Sumter in April 1861, President Abraham Lincoln issued a call for 75,000 volunteer troops to come from the states which hadnââ¬â¢t seceded from the Union. The volunteer soldiers enlisted for a term of three months. Troops began arriving in Washington, D.C. in May 1861, and set up defenses around the city. And in late May portions of northern Virginia (which had seceded from the Union after the attack on Fort Sumter) were invaded by the Union Army. The Confederacy set up its capital in Richmond, Virginia, about 100 miles from the federal capital city, Washington, D.C. And with northern newspapers trumpetingà the sloganà ââ¬Å"On to Richmond,â⬠it seemed inevitable thatà aà clash would occur somewhere between Richmond and Washington in that first summer of war. Confederates Massed In Virginia A Confederate army began massing in the vicinity of Manassas, Virginia, a railroad junction situated between Richmond and Washington. And it became increasingly obvious that the Union Army would be marching south to engage the Confederates. The timing of preciselyà when the battle would be fought became a complicated issue. General Irvin McDowell had become the leader of the Union Army, as General Winfield Scott, who had commanded the army, was too old and infirm to command during wartime. And McDowell, a West Point graduate and career soldier who had served in the Mexican War, wanted to wait before committing his inexperienced troops to battle. President Lincoln saw things differently. He was well aware that the enlistments for the volunteers was only for three months, which meant most of them could be going home before they ever saw the enemy. Lincoln pressed McDowell to attack. McDowell organized his 35,000 troops, the largest army ever assembled in North America to that time. And in mid-July he began moving toward Manassas, where 21,000 Confederates had assembled. The March to Manassas The Union Army began moving south on July 16, 1861. Progress was slow in the July heat, and the lack of discipline of many of the new troops didnââ¬â¢t help matters. It took days to reach the area of Manassas, about 25 miles from Washington. It became clear that the anticipated battle would take place on Sunday, July 21, 1861. Stories would often be told about how spectators from Washington, riding in carriages and bringing along picnic baskets, had raced down to the area so they could watch the battle as if it was a sporting event. The Battle of Bull Run General McDowell conceived a fairly elaborate plan to attack the Confederate army commanded by his former West Point classmate, General P.G.T. Beauregard. For his part, Beauregard also had a complex plan. In the end, the plans of both generals fell apart, and actions by individual commanders and small units of soldiers determined the outcome. In the early phase of the battle the Union Army seemed to be beating the disorganized Confederates, but the rebel army managed to rally. General Thomas J. Jacksonââ¬â¢s brigade of Virginians helped turn the tide of the battle, and Jackson that day received the everlasting nickname ââ¬Å"Stonewallâ⬠Jackson. Counterattacks by Confederates were helped by fresh troops who arrived by railroad, something entirely new in warfare. And by late afternoon the Union Army was in retreat. The road back to Washington became a scene of panic, as the frightened civilians who had come out to watch the battle tried to race homeward alongside thousands of demoralized Union troops. Significance of the Battle of Bull Run Perhaps the most important lesson from the Battle of Bull Run was that it helped erase the popular notion that the rebellion of the slave states would be a short affair settled with one decisive blow. As an engagement between two untested and inexperienced armies, the battle itself was marked by countless mistakes. Yet two sides demonstrated that they could put large armies in the field and could fight. The Union side sustained casualties of about 3,000 killed and wounded, and Confederate losses were about 2,000 killed and wounded. Considering the size of the armies that day, the casualties were not heavy. And casualties of later battles, such as Shiloh and Antietam the following year, would be far heavier. And while the Battle of Bull Run didnââ¬â¢t really change anything in a tangible sense, as the two armies essentially wound up in the same positions as where they had started, it was a powerful blow to the pride of the Union. Northern newspapers, which had bellowed for a march into Virginia, actively looked for scapegoats. In the South, the Battle of Bull Run was considered a great boost to morale. And, as the disorganized Union Army had left behind a number of cannon, rifles, and other supplies, just the acquisition of material was helpful to the Confederate cause. In an odd twist of history and geography, the two armies would meet about a year later in essentially the same place, and there would be a Second Battle of Bull Run, otherwise known as the Battle of Second Manassas. And the outcome would be the same, the Union Army would be defeated.
Wednesday, May 6, 2020
A Brief History of the World after 1450 - 2234 Words
The period 1450s saw an existence of powerful cities such as Asia, Africa, and Americas with established trading networks over land and sea. Societies in Asia and the Middle East were the world leaders in economics; in science and technology; and in shipping, trade, and exploration until about AD 1500 (Goldstone, 2009). Europe emerged from the Middle Ages and entered its Renaissance, well behind many of the advanced civilizations elsewhere in the world and did not catch up with and surpass the leading Asian societies until about AD 1800 (Ibid). This history leads one to enquire what was so special that the West did or have to rise to the current global stature that it has become. Though presumptions have been to point to a unique European defined path to success, these have been cast by a cloud of doubt following Japanââ¬â¢s rise as the second largest economy in the 1980s leaving the questions about the western origins of political and economic ideas and institutions (Rosenthal an d Wong, 2010). During the nineteenth and twentieth century western thought explained the rise and dominance of their region through biological causes, stating that they were genetically superior as only they had evolved further than everyone else. Morris (2010) reputed this claim as mere scientific racism which is defined as the act of justifying inequalities between natural groups of people by recourse to science (Marks, 2012). He argues that people, wherever they are from, in large groups, areShow MoreRelatedEssay on The Columbian Exchange: Chocolate660 Words à |à 3 PagesThe Columbian Exchange: Chocolate During the time frame of 1450-1750, the Columbian Exchange was at its height of power and influence. Many products were introduced from foreign lands, like animals such as cattle, chickens, and horse, and agriculture such as potatoes, bananas, and avocados. Diseases also became widespread and persisted to distant lands where it wreaked devastation upon the non-immunized people. One such influential product during this time period was the cacao, or more commonlyRead MoreMusic s Influence On Western Music1347 Words à |à 6 Pageshave music, where enjoy to melt . I think western music is the most fashionable music in the world.Even in classical western music, it was also very modern.Western music has very long history, experienced lots of difficulties and changes. 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Strategic Information System Relevance and Reliability
Question: Discuss about the Strategic Information System for Relevance and Reliability. Answer: Introduction: In earlier days, several business firms maintained their business requirements through manual books of accounts such as Journal, Cashbook, Ledger etc. Therefore, the term bookkeeping was common phenomenon of keeping accounting records. However, this procedure of maintaining manual records was cumbersome, time consuming and very much exposed to human errors. In earlier days due to undersized volume of bookkeeping data, bookkeepers and accountants often found it convenient using manual mode of accounting system. Accounting software comes under the wider framework of accounting information systems such MYOB which is a computer software used for recording and processing the accounting transactions within functional modules such as accounts payable, accounts receivables and payroll and trail balance. It should be understood that the software such as MYOB is a combination of third-party application software with local modifications. MYOB generally varies largely due to its complexity and cost. MYOB accounting software does not only records the financial transactions but also helps in the production of accounting reports. Brief overview: Apostolou et al. (2013) opinion that paper ledgers, manual spreadsheets and hand-written financial transactions have all been transformed to computerised systems which can rapidly provide individual business transactions into financial reports. It is noted that computerised accounting systems follow the similar procedure of journal, ledgers, report and statement under the manual systems. With the help of computerised accounting, systems business firms can also develop reports and financial statements quickly and enable better administration reviews. In the study, Ramazani et al. (2014) argued that with modernization of technological improvements, information systems have led to computerization. Improvement made under this technology has replaced the manual book keeping systems with computer oriented systems. Computers in most of companies now perform accounting information systems that were performed manually. As stated by Wilson (2016) bookkeeping systems have been prevalent for centuries but with the introduction of technology and computerised accounting systems have radically transformed the accounting procedure in Australia. Development and adoption of MYOB: On the arrival of modern era, internationalization of economic trade and globalization of business have been on the superiority. Various business organisations in Australia are moving forward towards international markets due to various reasons such as availability of cheap resources, better tax regime, commercial liberalization of trade and legal requirements. All the previously mentioned strategies are inversely related to accounting procedure of a business entity (Antonelli et al. 2014). With a substantial growth in the accounting, activities and transactions there were possibilities of exposure to both internal and external error due to complexity of manual accounting systems prevalent in Australia. Perhaps there was a necessity of having MYOB, which would have the capability of storing and processing accounting data with high-speed storage, and processing abilities. This has led to development and adoption of accounting software such as MYOB in Australia. It is evident that every business weather big or small either simple or cumbersome needs accounting systems. As the business grows, acquires new customers, makes its way in new markets and keeps pace with regular changes in information technology. Hence, business firms in Australia need to maintain a highly effective accounting, inventory and statutory records (Khaneja 2015). This is where computerised accounting systems assist in identifying inventory accounting and statutory records. Existing market size: The current Australian market is largely dominated by the large number of accounting softwares. There has been a research on the impact created by the accounting software based on the MYOB. MYOB is one of the accounting systems with numerous corporate bodies consisting of small, medium and large companies. This software helps in including the functionality for managerial decision making along with gaining competitive market advantage (Khaneja 2015). As reported by the Australian yellow pages it has been reported that at least 72% of the business entities are making the use of MYOB accounting software. Research conducted in the survey of IT use in corporate business through 800 respondents showed that 77% of the respondents used accounting software such as MYOB to complete accounts. However, this figure has increased significantly in the last few years. Uses of MYOB: MYOB has at least been recommended by 89% of the users since it offers the visibility of the organisations cost, expenditure incurs, and offers more advanced financial decision-making. It is noteworthy to denote that accounting software such as MYOB helps in generating financial statement for the shareholders and the directors (Wilson 2016). This software also allows the firm to ascertain where every cent of the amount funded used. MYOB also facilitates in assuring that the compliance with reporting standard is maintained under the federal requirements. Market benefit: MYOB serves significant amount of competitive edge to the corporate business through variety of ways. With the advent of computers, MYOB is helps in saving time for a business as all the financial data is well organised. Time and cost management: With the help of computerised accounting software such as MYOB it enables the business firm to able to save resources and money through effective utilisation of the managerial decision (Zare et al. 2015). With the help of MYOB software accounting entries are recorded systematically and management are able to reduce the cost of labour in auditing. Another added benefits is that it helps in saving cost and time by improving the cash flow statement through enhanced debt management and stock control systems. MYOB also facilitates the shareholders by supporting the financial decisions demonstrated under the monetary reports. Administration and accuracy: It is worth mentioning that MYOB is one of those accounting software that facilitates the business to stay organised. With the introduction of accounting software, it makes the business trouble-free. This enables the business to potentially locate the data at any point of time. However, in the manual systems there are less probability for any discrepencies or error to be occurred instead of making multiple entries (Ramazani et al. 2014). Therefore, MYOB enables the financial transactions to be updated in contrast with the balances of the customers. Reliability of storage and timeliness: One of the common phenomenon concerning the accounting software is the storage aspect of accounting software. The financial data recorded in MYOB is stored and preserved for a definite period of time. Accounting software and packages like MYOB enables the company to perform speedy recovery of accounting transactions before jeopardising any significant aspects of accounting transactions. Implementing MYOB enables the business to look into the current state of their financial position. Challenges: It is widespread evident that accounting software offers large number of competitive advantage to business however, they are also equipped with the challenges as well. The requirement of accounting software like the one MYOB involves time and cost. As stated by Ggs and zer (2014) the administration and management are in opinion that MYOB is costly and involves sufficient amount of cost with high level of expertise. Integration of systems: A large part of the problems is associated with the small-scale business systems integration. Small business is required to upgrade the technologies provided by the software in terms of public interest. Small business and managers are not only under the obligations to evolve under the Information Technology but such changes also need to evolve rapidly to meet the objectives of the organisation. High cost of implementations: It is worth mentioning that companies in Australia have a fear of computers as they are slow learners and need more help from external consultants as they use only limited functions of software. This results in increase of cost of implementations of MYOB software packages in small business in Australia. Insufficient IT expert: Parente (2012) argued that most of employees in Australia does not have sufficient amount of expertise to use the MYOB software efficiently. Thus, training employees involves large number of labour cost for both small and medium size companies to impart adequate skills for handling such software. Distribution of information: MYOB enables a company to distribute and hand out financial information easily. Financial reports are directly printed from the accounting software and are distributed within and outside the organisation to those who are in need for the information. Reports are produced to assist the managers in monitoring and controlling the business for example the debtors analysis are helpful in determining the customers whose accounts are due (Zare et al. 2013). Hence, MYOB enables the preparation of financial statement to meet the financial obligations of business firms in Australia. Recommendations: Depending upon the findings below listed are some of the recommendations regarding the implementations of MYOB software in Australia; It is recommended that large number of small and medium size industries should undertake sufficient measures to reduce the cost of labour and expenses involved in audit. For effective implementation of MYOB, training of employees is necessary for effective implementation of this software. It is recommended for small-scale industries to implement cost benefit analysis before making the decision of using MYOB. This helps in understanding the numerous benefits, which comes with the MYOB software. It is worth mentioning that there are sometimes problems, which are associated with the failure, or crashing of MYOB software. This involves migrating of the data to the terminal in order the meet the needs of the organisation. Reference List: Antonelli, R.A., de Almeida, L.B., Colauto, R.D. and Longhi, F.L., 2014. Accounting professionals' perceptions concerning the influence of information technology in decision-making process.African Journal of Business Management,8(1), p.1. Apostolou, B., Dorminey, J.W., Hassell, J.M. and Watson, S.F., 2013. Accounting education literature review (20102012).Journal of Accounting Education,31(2), pp.107-161. Ggs, C.G. and zer, G., 2014. The Roles of Technology Acceptance Model Antecedents and Switching Cost on Accounting Software Use.Academy of Information and Management Sciences Journal,17(1), p.1. Harrison, R., Flood, D. and Duce, D., 2013. Usability of accounting software: literature review and rationale for a new usability model.Journal of Interaction Science,1(1), p.1. Hui, Q. and Chang, S., 2016, March. Accounting Safety System in E-Commerce and Its Application. In2016 Eighth International Conference on Measuring Technology and Mechatronics Automation (ICMTMA)(pp. 63-66). IEEE. Khaneja, S., 2015. E-Accounting in the Current Scenario: Impact of Information Technology.The International Journal of Business Management,3(9), p.290. Lu, K., Fu, Y., Gu, C. and Zhang, L., 2012. Problems and Solutions of Popularization of Accounting Computerization.Physics Procedia,33, pp.1155-1159. Parente, E.G.V., 2012. A Comparative Analysis of Accounting Software.IEEE Latin America Transactions,1(10), pp.1203-1207. Ramazani, M., Allahyari, A. and Ganbari, A., 2014. Examining the Influential Factors on Acceptance of IT among Accountants.ARPN Journal of Systems and Software,4(3). Ramazani, M., Askari, R. and Fazli, E., 2014. Application of ANP in Evaluating Accounting Softwares based on Accounting Information Systems Characteristics.Journal of Emerging Trends in Computing and Information Sciences,5(5). Wilson, R.M. ed., 2016.Researching Accounting Education: Australian Contributions. Routledge. Zare, I., Nekounam, J., Baghbadorani, M.R.S. and Hossini, H.R.M., 2013. Study of role softwares of accounting on relevance and reliability of accounting information.Life Science Journal,10(5s).
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