Thursday, August 27, 2020

This Fall Apart Essays - African Writers Series,

This Fall Apart Paper ON THINGS FALL APART Things self-destruct recounts to an account of an African clan and it's societies. It recounts to the narrative of the life of a man by the name of Okonkwo, by his long lasting companion, Obierika. Okonkwo, an all around regarded individual from his town, wanted to be masculine consistently. He was a dad and a spouse of three wives and endeavored to help his family; he started doing as such at a youthful age. By no means would he ever warrant the presumption by any man that he was either feeble or apprehensive. The main dread that he had was that any man consider such him. Okonkwo had a short, savage temper that was promptly activated in light of activities that he regarded to be feeble of another. Shockingly, pretty much every time that Okonkwo let free his vicious temper in his masculine way, he brought inconvenience upon himself, just as everyone around him. In spite of the fact that exceptionally regarded in his town, Okonkwo was ousted and expelled from the town for a long time. This was the aftereffect of the homicide of a clansman. Despite the fact that the demonstration was genuinely incidental during the burial service of a senior in the town, to murder individual clansmen was not acknowledged. During the service firearms where shot, Okonkwo coincidentally discharged his weapon, executing the child of the dead senior. Since this was done coincidentally he had the option to come back to the town with his family in the wake of being expelled for a long time. During the seven years of his outcast, the Ibo town began to self-destruct. The ruin of the Ibo profoundly was the system that set off the defeat of the Ibo town and it's employment. White ministers rose on the town carrying with them their Christian religion and convictions that were very surprising from the Ibo individuals. This was two years after one of their own was slaughtered in the town. Despite the fact that the breakdown was basically brought about by three men, Mr. Earthy colored, Rev. James Smith, and the District Commissioner, it was the aloofness of the town (Umuofia), just as the intensity of the strategic's that prompted the downfall of the Ibo lifestyle. Plainly this fortified the believability of the new white men and their religion. Futhermore, a significant blow was managed to the Ibo religion. Christianity gave a response to the inquiries' kin had about their otherworldliness: the Ibo religion started to have all the earmarks of being bogus as a matter of course. The new religion's legitimacy and acknowledgment, combined with the void made by the disintegration of the void made by the disintegration of the Ibo profoundly, left the remaining Ibo adherents over fueled by the Christian believers and their new supporters. A last representation of Okonkwo's rash activities driving languishing over himself and people around him happens when he hurriedly executes the head errand person who comes to Umuofia to separate a town meeting. Okonkwo and his kindred residents met up and were intending to murder the evangelists. The delivery person confronted Okonkwo requesting to get by. Ready to talk just two short sentences, Okonkwo irately killed him; taking his blade and removing his head. This didn't deliver a war of any sort. The staying three detachments proceeded with their excursion and the townspeople never assaulted. This carried a definitive enduring to Okonkwo, who hangs himself, just as the languishing over the remainder of the clan, who may not cover him and some of whom are brought to the court where Okonkwo and some others had at one time endured. In closing I would state that Africans in their conventional convictions and morals, are exceptionally energetic about what I would think about otherworldly, or supernatural forces. A portion of their convictions I could acknowledge in an otherworldly manner yet not as a method of carrying on with my life. The beating of one's significant other isn't excused under any conditions, and impacts the network all in all. This is viewed as absolutely inadmissible yet not on the grounds that it occurred on an inappropriate day but since it's ethically off-base. Exposition ON THINGS FALL APART Things self-destruct recounts to an account of an African clan and it's societies. It recounts to the tale of the life

Saturday, August 22, 2020

Process Analysis Essay Example | Topics and Well Written Essays - 500 words - 1

Procedure Analysis - Essay Example Having checked my most recent liquidity explanations gives me that I have somewhat over $14000 consolidated liquidity as far as reserve funds, ventures, and accessible credit from my Visas. This implies so as to lose everything by the Christmas season, I would need to spend at any rate $5000 per month so as to remain in plan. That wont be difficult to do. What with Thanks giving, Halloween, and the Christmas occasions coming up. This should be easy. Thank sky my folks live in New York. That should speed things up for me. Presently, on to the main request of business. To start with, I need to go on the web and locate the most costly carrier ticket accessible for my flight home to visit my folks for the Thanksgiving occasions. Economy and business class wont cut it this time. I basically should fly With every available amenity in transit home. Ok, there it is, and it flies relentless as well. That simply multiplied the ticket cost. Charge it! Presently, to get myself a genuinely better than average spot to remain in while I am there. Despite the fact that my folks have never tried to refurbish my room since I moved out when I left for school, my Justin Timberlake banners despite everything hang in my room. Much as I couldn't imagine anything better than to return to my wacky adolescent, hormonal years, slobbering over JT should pause. I am on a strategic at this point. Im as yet sitting before the PC searching for the best arrangements on inns in New York. It costs the amount to remain at a suite at the Trump Plaza? A multi day stay should clear out in any event half of my reserve funds and credit line. Only somewhat more to spend now. Garments, I unquestionably cant take this outing home with no garments. Be that as it may, checking in things and experience security investigation at the air terminal is such a bane. Also how I am the most exceedingly awful bag packer on the planet. It would appear that Ill be buying my garments when I return to New York. Presently, if I somehow happened to burn through $2000 on garments buys for a multi day stay.... That looks pretty much right. Going around New York during the Christmas season

Friday, August 21, 2020

How to Write a College Admissions Essay

How to Write a College Admissions EssayWriting a college admissions essay can be an enormous task for some, especially if you have never done it before. Fortunately, though, you do not have to look too far if you want to get your college admissions essay done. You can write it yourself, and you can also find a great writer to do it for you at a great price.The first thing that you need to know when it comes to writing a college admission essay is that there are two parts to this type of essay. First, you need to give a short description of yourself, your family, and the things you are looking for in a college that you will be attending.Then, you will need to give your major or areas of interest and your reason for being attending a particular college. This will serve as your justification for choosing this particular college. Also, it will let the admissions committee know who you are and what you have to offer.Of course, the important part of writing a college admissions essay is th e essay itself. The main reason for this is so that you will be able to accurately present the information that you have told in your letter of request. This means that you need to learn all of the proper English grammar and punctuation as well as the basic sentence structure.You need to learn how to write a good college essay by working with a writing coach, which is a great way to learn how to write the best college essays. You can also find online guides that can help you write a college admission essay.Grammar and punctuation can be a great way to make sure that you do not slip up during the writing process. If you are unsure about a specific point that you make, it is very easy to read a passage of literature about the topic and then re-read your essay until you understand it completely. However, a professional writing coach will show you how to read this type of material and how to make sure that you are conveying the right point through the correct grammar and punctuation.Fin ally, you will need to consider the length of your essay. As stated above, the length of the essay is very important because it is one of the determining factors in how well the admissions committee will read your letter of request.The key to how to write a college admissions essay is to get it right and then keep in mind that you should not change it once you have written it. This is the same with most college admissions essays, so if you want to have a chance at getting into a prestigious college, learn how to write a college admissions essay!

Tuesday, May 26, 2020

Lavallees Case - 805 Words

Criminal Law What principles with respect to women battering and self-defense have been established in Lavallees case? Most of the case law involving female offenders depend on the Supreme Court of Canadas verdict in Lavallee, which accepted proof that an offender had encountered violence elicited by the victim, , Battered Woman Syndrome (BWS), as applicable to the problem of self-defense. In the Lavallee case, proof was disclosed demonstrating that the offender had been exposed to years of abuse owing to the victim, and she was acquitted of murder because she had acted in self-defense. Battered women constitute one of the most marginalized groupings in the social order. Their relationship incidents occasionally put these†¦show more content†¦The battered woman syndrome turned out to be recognized in Canadian courts in the verdict made in R. v. Lavallee. In the case, the Supreme Court of Canada recognized the battered woman syndrome inside the circumstances of spousal homicide. Before Lavallee in 1990, the legal prerequisites for self-defense in conjunction with the legal exploit of the phrase ordinary man to decide reasonableness failed to consider disparities in size and strength amid males and females plus the truth that battered women have encountered constant violence. In Lavallee, the accused was exonerated at trial of murder by a judge and jury. She had murdered her husband after a disagreement. Their association incorporated physical violence and continuous squabbles. The then Justice (Wilson) mandated a rethinking of the ordinary man principle in the framework of female violence. She stated, If it strains credulity to imagine what the ordinary man would do in the position of a battered spouse, it is probably because men do not typically find themselves in that situation. Some women do, however 4. Via Walkers criteria for the battered woman syndrome, Justice Wilson made obvious how a battered womanShow MoreRelatedA Study Of Ethics By Immanuel Kant And John Stuart Mill992 Words   |  4 Pagesbehavior. The R.v Lavallee case revolves around ethics. The court released Lavallee as innocent on the basis that she is medically ill with Battered Woman Syndrome (BWS). The two most renowned ethicists, Immanuel Kant and John Stuart Mill would view this ca se differently. Kantianism is associated solely with Immanuel Kant. In comparison, John Stuart Mill, an opponent of Immanuel Kant’s ideas, uses a utilitarian approach. This essay will briefly give an overview of the case and the BWS. Then, it willRead MoreHow Athletics Have Become An Important Social Context Of Adolescence And Growing Up1071 Words   |  5 Pagesincreasingly important social context of adolescence and growing up. Many children are introduced to recreation athletics at a young age and thus learn both physical competence, and social skills while also having fun (Weiss, 2000). It is often the case that once individuals graduate from high school they cease their athletic career in exchange for greater focus on academics. If being part of a collegiate team actually helps an individual develop, would that encourage more athletes to continue theirRead MoreIs Battered Person Syndrome?2020 Words   |  9 Pages† (Terrance, Plumm, Kehn, 2013). This study clea rly demonstrates the need for expert testimony especially if there is no clear set legal definition towards Battered Person Syndrome. The Oakes Test is derived from the R v. Oakes [1986] 1 SCR 103 case. The test, itself, is described as â€Å"a procedure in which certain criteria must be met to prove that there are sections of the Charter of Rights and Freedoms in Canada [that] are limiting enough to warrant [an] overriding [of] a constitutionally protected

Friday, May 15, 2020

Essay on The Transformation of the Animals on Animal Farm

Throughout the course of the novel the lives of everyone – human and animal – on Animal Farm change dramatically. In the case of the pigs their lives get better and better but for all the other animals and the humans their lives take a turn for the worse, after a brief period of optimism for the animals. This change in lifestyle, perhaps suggests Orwell’s thoughts and feelings about communism as he uses all of the events allegorically with the Russian revolution, for example when Snowball is chased out by Napoleon represents in history when Josef Stalin had Leon Trotsky exiled from Russia. Another example is in the card game at the end of the novel when Napoleon, representing Josef Stalin and Russia, and Mr. Pilkington, representing†¦show more content†¦After Snowballs expulsion the animals have to work harder and the pigs do even less work. This is implied by evidence from the text where it says: â€Å"Huge boulders, far too big to be used as they were †¦The animals lashed ropes round these and then all together, cows, horses, sheep, any animal that could lay hold of the rope – even the pigs sometimes joined in†¦Ã¢â‚¬  Sometimes is the key word as it implies that the pigs only came and helped so they could get glory and reward themselves. The other animals have things taken away from them by the pigs, things such as their food, so the pigs can have privileges. Examples of this are: â€Å"The mystery of where the milk went was soon cleared up. It was mixed every day into the pigs mash† and the early apples were ripening †¦ the order was sent forth that all the windfalls were to be collected for the use of the pigs.† When the pigs gave themselves privileges they had to lie. One lie was that the pigs had to have the milk and apples to keep their brains working or Jones would come back. The pigs also lied that everything bad was caused by Snowball such as the first windmill being destroyed. The pigs also forced the animals to lie which then allowed them to break a commandment â€Å"no animal shall kill any other animal†. To avoid any hassle from the animals they change the commandments to benefit themselves. Examples are: â€Å"no animal shall sleep in a bed† changes to â€Å"no animal shall sleep in a bedShow MoreRelatedNapoleon s Downfall Of The Utopian Vision Of Animal Farm Essay1173 Words   |  5 Pagesrevolution, Manor Farm was renamed to Animal Farm and the Seven Commandments of animalism were established to ensure equality. The pigs became the supervisors of the farm. However, the rivalry between two pigs Snowball and Napoleon made Napoleon use force. Napoleon ordered his dogs to chase out Snowball from the farm in order to become the only leader. Napoleon’s selfishness and corrupt power made him commit different atrocities against his own comrades. As a result, the lives of the animals except forRead MoreThe Evil Virtues of Greed and Corr uption752 Words   |  3 Pages In the novel, Animal Farm by George Orwell, tactics such as,â€Å" the ends justify the means† play a vital role in developing the storyline. Animal Farm is set during the Russian Revolution and Orwell uses animals, such as pigs and horses, to portray Joseph Stalin and his loyal, yet blindsided followers. Napoleon, a pig who takes the position of Stalin in the novel, leads the other animals in a battle against the humans to free themselves from their miseries on the farm. The animals’ memories of theirRead MoreAnimal Farm Corruption Essay930 Words   |  4 Pagestyrant. Such is the case in Animal Farm, a novel by George Orwell. Animal Farm focuses on the rebellion of the animals on Manor Farm, and their attempt at a socialism-esque society. The leaders of the farm, two pigs named Napoleon and Squealer, gradually change from fair authority figures to unethical dictators. Orwell’s critically acclaimed novel Animal Farm establishes a theme of how leaders can be corrupted by power through the characters of two pig dictators on the farm, and their former masterRead MoreThe Presentation of Napoleon in Animal Farm by George Orwell Essay839 Words   |  4 PagesPresentation of Napoleon in Animal Farm by George Orwell The novel Animal Farm, by the political writer George Orwell, is a story parallel to the events of the Russian Revolution. It features the brutal rise to power of one history’s most notorious dictators – Josef Stalin, who is portrayed by the tyrannical pig Napoleon. After the animals of Manor Farm expel their human master, Napoleon eventually manages to seize total control over every aspect of the animals’ lives. It is Napoleon’sRead MoreThe Deadly Side of Power779 Words   |  3 Pagesdeadly implications for the citizens of the country. In the famous novel Animal Farm the author George Orwell explores the concept of a government consumed by power and the deadly implications it has on society through the perspective of Animals. Through the usage of the characters of Napoleons and his savage abuse of power as well as The Pigs and there changing of the commandments of the farm to suit their own needs Animal farm shows us that power may seem harmless, but eventually it consumes the userRead MoreInsight To Organic Dairy Farming. . Abstract. Organic Dairy1657 Words   |  7 PagesAbstract Organic dairy farming implies raising dairy creatures on natural nourish and giving them the entrance to pasture, alongside the confined utilization of anti-infection agents and hormones. While natural products, vegetables, grains, and some animals have for some time been backbones of the natural development, Organic dairy farming is a relative newcomer. With the expansion in the mindfulness and wellbeing cognizance among purchasers, interest for natural items including milk is expanding. TheRead MoreAnimal Farm And Fahrenheit 4511020 Words   |  5 PagesThe Burning Truth Both Animal Farm and Fahrenheit 451 are fictional novels in which a dystopian society exists. These societies were both created by a â€Å"central government†. When citizens of these societies fail to stand up and protect their rights, authority figures will keep increasing their level of aggressiveness until it ruptures the society. When the authorities in these novels abuse their power, it fractures the society and greatly increases corruption. Orwell and Bradbury bothRead MoreGeorge Orwells Use of Language Techniques to Represent Power in Animal Farm1408 Words   |  6 PagesGeorge Orwells Use of Language Techniques to Represent Power in Animal Farm Power corrupts, but absolute power corrupts absolutely; and this is eloquently proved in George Orwells novel Animal Farm. In this satirical fable, Orwell uses his allegorical farm to candidly illustrate the corruptive nature of power and to symbolise the communist system in the microcosm of a farmyard barn. George Orwell was the pen name of Eric Blair, a British political novelist andRead More The Warnings in George Orwells Animal Farm Essay1248 Words   |  5 PagesOrwells Animal Farm George Orwells goal in writing the novel Animal Farm was to portray the events surrounding the Russian revolution that took place in 1917. Orwells tale of Animal Farm is seemingly a story of how a group of farmyard animals plot to overthrow their owner and seize control of the land. The novel seems to be a simple story, however Orwell wrote this book as an allegory, a story that has a clear secondary meaning beneath is literal sense. Everything in Animal Farm is used toRead MoreCharacter Quotes In Animal Farm1383 Words   |  6 PagesMr. Jones of Manor Farm who is apathetic and always drunken, animals are constantly exploited and treated extremely poorly. When old Major shares his speech of rebellion, the animals urge to start a revolution of ‘Animal Farm’ under the guidance of the two pigs Napoleon and Snowball, against the humans and take over the farm. As Napoleon abuses the power he gained, Old Major’s dream gradually shifts away from the consciousness of the animals, until there is no differentiation between the pigs and

Wednesday, May 6, 2020

War Was Written Well Over Two Thousand Years Ago By...

The Art of War was written well over two thousand years ago by Chinese philosopher and military General Sun Tzu. Yet, the thirteen chapters contained within the book still hold relevant in today’s modern times of warfare and decision-making. The contents of the book revolve around one main theme, how to be an effective leader and have a strategy that will win wars. There are several interpretations of the message that Sun Tzu was relaying, this essay will focus on Lionel Giles translation. A secondary source will be used to help show insight into the nature of human beings and how the world works. This paper will also focus on ideas found throughout the primary source that could apply to any human endeavor. An endeavor could be the steps†¦show more content†¦Ã¢â‚¬Å"The art of war, then, is governed by five constant factors, to be taken into account in one’s deliberations, when seeking to determine the conditions obtaining in the field†. Once an individual is faced with having to make a choice, human nature kicks in. As in war, there are factors that come into play. Decisions can be influenced by one’s morals, such as which choice is the right choice. Personal choices can also be directed at wanting to remain consistent with one’s previous when it comes to a goal. Game theory and war strategies have to make these same decisions. â€Å"Game theory seeks to isolate general, abstract principles of decision-making when the outcomes of people’s choices depend on what others decide and when everyone is aware of their mutual interdependence†. Whereas, the same holds true for war and the outcome it wants to achieve. Generals have to look at how armies are trained on both sides as well as the reward and punishment that the goal’s outcome will have. The initial chapters in Sun Tzu’s book look at extended conflict. Primarily that individual’s should try to avoid conflicts that exhaust resources. He says, â€Å"If the campaign is protracted, the resources of the State will not be equal to the strain†. Therefore, a person’s decision should not be based on just obtaining a goal. It should be also about what it will cost to achieve the goal and if the cost is worth it. Normally one has to give

Tuesday, May 5, 2020

Corporate Law Deceptive Conduct Cases

Question: Discuss about the Corporate Law for Deceptive Conduct Cases. Answer: Most Appropriate Business Structure There are four business structures that Jack, Jill and Max (hereinafter referred as the parties) can opt for to carry on business with. These are a sole proprietorship,[1] a company, partnership or a trust. For the case at hand, the parties have the option of forming a company or a partnership. Whichever structure they settle for, they must take into account their needs. Therefore, before making a recommendation, the advantages and disadvantages of either business structure must be brought to the fore as herein below. Partnerships One of the options is to form a partnership by meeting all the requirements of a duly constituted partnership under the Partnership Act (1963) (cth)[2] and case law.[3] Notably, there is also the possibility of incorporating a limited partnership.[4] Advantages of Partnerships The advantages of partnerships are: They are not liable to taxes because each partner files his own tax returns.[5] They are flexibility and easy to set up due to the absence of long registration requirements. In the case of general partnerships, there is no requirement for registration before conducting business. They are not subjected to government scrutiny. There is readily available capital as each partner contributes towards raising the capital. Management is easy since each partner plays a role in the management thereby bringing a variety of vast knowledge Disadvantages of Partnerships Summarily, the disadvantages include the fact that transferability of shares is subject to the consent of the other partners. This poses the risk of dissolution in the event that the partnership deed is silent on the subject of what happens when a partner leaves the firm or dies. Further, there is a likelihood of a deadlock occurring when the partners cannot agree on management issues and therefore leaving the firm with the only option of dissolution. Of particular concern is that partnership expose the partners to liability.[6] Being agents of each other, partners in a general partnership are jointly and severally liable for the actions of each other which are done in the normal course of business.[7] Even for a limited partnership, it is only the limited partners that enjoy limited liability whereas the general partners are subject to unlimited liability to the extent that the partnership cannot offset its liabilities or as set out in the deed.[8] Even then, a limited partner does not engage in the management of the business and should he do so, his liability for any action arising therefrom shall be unlimited.[9] Private Company Limited by Shares The three parties can also incorporate a private company limited by shares by complying with the provisions of the Corporations Act (2001) (cth). The disadvantages of this option include much scrutiny and supervision from the government, tedious registration processes and tax liabilities (Sealy and Worthington, 2013). However, the advantages outweigh the disadvantages and make a company limited by shares the best option for Jack, Jill, and Max. These advantages are: The company will have a legal personality and therefore capable of owning property and carrying on business in its name and even further, can sue and be sued in its own[10] The company will in essence be a separate legal entity and will not be identified with the persons who own shares in the company or its directors. The transferability of shares is possible at the option of a shareholder without restraint. The company shall have perpetual succession and will not dissolve even when a shareholder dies. Of greater importance is that in a company, the shareholders liability is limited[11] to the extent of the unpaid shares subscribed for. Once the shareholder fully pays up for the shares subscribed for, even when the company becomes liable, the shareholder cannot be called upon to make good the debts or liabilities of the company. This characteristic makes limited companies attractive to investors because they are aware that they shall not be personally held liable for the companys debts. Further, it is easier to acquire credit from financial facilities due to the companys legal personality. My advice to the parties will, therefore, be that they should incorporate a company limited by shares to reap the advantages that come with it. Child Toys Liability Schedule 2 of the Competition and Consumer Act (2010) (cth) (hereinafter referred to as the CCA) prohibits persons in trade and commerce from engaging in misleading and deceptive conduct.[12] Further, section 29 (1) of the CCA provides that persons in trade must refrain from making false and misleading representations that the goods are of inter alia a particular quality or standard. To conclude whether the conduct is deceptive or misleading, reference is made to the case of Parkdale Customs Built Furniture Pty Lt vs. Puxu Pty Ltd[13] wherein it was stated that the conduct is misleading when a person leads another into error. Further, in Butcher vs. Lachlan Reality Pty Ltd[14], J. Macaulay held that whether the conduct is deceptive or misleading is a fact question and regard must be had to the whole situation in light of the immediate facts and circumstances. In Google Inc.[15] J French reasoned that the words likely to mislead or deceive mean that it is not necessary for actual deception to occur. From the foregoing generality, it is conclusive that by informing and assuring the retailers that the toys were free of harmful plastic chemicals whereas they were actually harmful, Betty contravened the provisions prohibiting the making of misrepresentations, misleading and deceptive statements under the CCA. Upon establishing that Bettys conduct was misleading and deceptive, it must be proved that the retailers relied on the Bettys statement to inform their decision to buy the goods for further redistribution. My considered opinion is that the information relayed by Betty was crucial to get the retailers to accept the goods and distribute to customers, and they are duly in for compensation for the resultant loss of customers.[16] Generally, an employer will not be held liable for the unauthorized acts of an employee.[17] In Limpus vs. London General Omnibus Co.[18] the salmond test was applied and it was stated that to determine whether the actions are to be considered authorized, they must be within the scope of the employment. In the case at hand, as a salesperson, it was within Bettys authority to give assurances on the product quality. Therefore, Child Toy will be vicariously liable for Bettys actions. The penalty prescribed for corporations under the CCA for such false representations and misleading and deceptive conduct is a fine of $1,100,000/=. Child Toy will, therefore, be liable to pay the statutory fine. Further, Child Toy will also be subjected to product liability. In Donoghue vs. Stevenson,[19] it was stated that once a product manufacturer sells a product to consumers, there is no expectation that the product will undergo further examination. Therefore, the manufacturer will be liable to the ultimate consumers if reasonable care is not exercised in the manufacture of the product. Keeton (1973) argues that a manufacturer is also liable for negligence for failure to warn of dangerous qualities in the product.[20] In Paterson vs. Merck Sharpe Dohme Pty Ltd,[21] J. Jessup held that a manufacturer has a duty to warn not only when the risk is known but also when it should have been known. Child Toy ought to have disclosed the crucial information on the safety of the toys and given sufficient warning of the danger. Since they hadnt disclosed such information, they are liable for damages resulting from the injuries sustained by consumers and to the retailers for losses incurred from the loss of customers. Also, the toys will have to be recalled from the market in accordance with section 122 of the CCA. Action against Charles The contract between Charles and Child toy has a non-compete clause. This clause is usually incorporated in employment contracts wherein employees agree not to start a similar business or join a competitors employment upon termination of the current employment (Cross, 2008). Like any other contract, employment contracts are also to some degree subject to common law provisions. The law position with regards to enforcement of non-compete clauses is as from time-to-time developed by courts (Turnbull and Howman-Giles, 2014). For Child Toy to succeed in an action against Charles for breach of the continuing restrictive covenant certain prerequisites must be proved. First, Child Toy must establish that the agreement containing the non-compete clause was supported by sufficient consideration. Courts had held that if the contract was signed before the employee commenced his employment; then the subsequent employment will in itself be considered sufficient consideration for the contract, and the non-compete clause will, subject to other requirements, be binding on the employee. However, if the contract was signed after the employee had already started working, the employment in itself will not be a sufficient or valid consideration for the promise not to compete.[22] There should also be a legitimate business interest being protected such as confidential trade secrets and goodwill (Keen and Jessup, 2012). In Wallis Nominee (Computing) Pty Ltd vs. Pickett,[23] J. Sifris stated that before enforcing a non-compete clause, the employer must demonstrate that there is more than just exposure to and interaction between the employee and the clientele. The connection with the clients must be strong and be including special knowledge of the clients and a significant degree of influencing them. The fact that Charles was the Operations Manager is sufficient to show that Charles had a strong connection with the clients and had access to confidential information and trade secrets. Finally, a clause in the agreement must be reasonable for it to be enforced. The court, in determining the reasonableness, will give regards to the legitimate interest being protected vis--vis the burden on the employee.[24] Factors to be taken into consideration include the duration of the clause and the scope, and that the assessment is done according to each cases peculiar facts (Cross, 2008). References Brisbane Australia. [Online] Holdingredlich.com.au. Available at: https://www.holdingredlich.com.au/dispute-resolution-litigation/levelling-the-playing-field-the-enforceability-of-non-competition-restraints-of-trade [Accessed 2 Sep. 2016]. Business.gov.au (2016).Business structure. [Online] Available at: https://www.business.gov.au/info/plan-and-start/start-your-business/business-structure [Accessed 1 Sep. 2016]. Clarke, G. (2015).Misleading or Deceptive Conduct Cases- Western Australian Developments. Available at: https://barristers.com.au/wp-content/uploads/2014/11/Misleading-or-Deceptive-Conduct-Cases-Western-Australian-Developments-Paper.pdf [Accessed 2 Sep. 2016]. Cross, D. (2008).Enforcement of Non-Competition Obligations - Employment and HR - Australia. [Online] Mondaq.com. Available at: https://www.mondaq.com/australia/x/68980/Contract+of+Employment/Enforcement+Of+NonCompetition+Obligations [Accessed 2 Sep. 2016]. Jackson, J., 1991. Liability of Executive Officers under the Corporations Law, The.Bond L. Rev.,3, p.i. Keeton, P., 1973. Product Liability and the Meaning of Defect.. Mary's LJ,5, p.30. Keenan, B. and Jessup, N. (2012).Leveling the playing field: the enforceability of non-competition restraints of trade - Holding Redlich Lawyers - Law Firm Melbourne Sydney Kobras, S. (2010).Business Structures in Australia. [e-book] pp.1-3. Available at: https://www.schweizer.com.au/articles/Business_Structures_in_Australia_ (SK00125445).pdf [Accessed 1 Sep. 2016]. McCarthy, L., 2004. Vicarious Liability in the Agency Context.Queensland U. Tech. L. Just. J.,4, p.1. Sealy, L. and Worthington, S., 2013.Sealy Worthington's Cases and Materials in Company Law. Oxford University Press. Statutes Partnership Act (1963) (cth). Corporations Act (2001) (cth). Competition and Consumer Act (2010)(cth). Cases Wiltshire vs. Kuenzli (1945) 63 WN 47. Lang vs. James Morrison Co. Ltd (1911) 13 CR 1 at 11. Federal Commissioner of Taxation vs. Whiting (1943) 68 CLR 199. Re Agriculturist Insurance Co (Bairds case) (1870) LR 5 Ch. App 725 at 733. Holzman vs. De Escamilla 86 Cal.App.2d 858, 195 P.2d 833 (Ct. App. 1948). Lee vs. Lees Air Farming[1960]UKPC 33. Salomon vs. Salomon Co Ltd (1897). Parkdale Customs Built Furniture Pty Lt vs. Puxu Pty Ltd (1982) 149 CR 191 at 198. Butcher vs. Lachlan Reality Pty Ltd (2004) 218 CLR 592 at 625 (109). Google Inc.vs. Australian Competition and Consumer Commission [2013] HCA 1.249 CLR 435; 87 ALJR 235; 294 ALR 404NEA Pty Ltd vs. Magenta Mining Pty Ltd (2007) WASCA at 128-129. Bake vs. JR Perry Nominees Pty Ltd (2012) VSCA 122. Limpus vs. London General Omnibus Co. (1962) 1 H C 526. Donoghue vs. Stevenson (1932) AC 562. Paterson vs. Merck Sharpe Dohme Pty Ltd (2010) 266 ALR 1at 295 [799]. Vacwell Engineering vs. BDH Chemicals (1971) 1 QB 88. Fabrik Boutique, Inc. v. Shops around Lenox Inc. 329 Ga.App. 21, 25, 763 S.E.2d 492, 495 (Ct. App. Ga. 2014). Wallis Nominee (Computing) Pty Ltd vs. Pickett (2012) VSC 82. HRT Holdings Pty Ltd vs. Pearson (2012) FCA 161.