Commercial Law - Sales of Goods Essay Example | Topics and Well Written Essays - 1000 words

Commercial Law - Sales of Goods - Essay Example 224). A major requirement of these rules is that the goods have to be in a deliverable state and that they should be ascertainable, for the transfer in the property of these goods is to transpire. In addition, if the parties to the contract of sale so desire, the property passes from the seller to the buyer. This is in accordance with the provisions of sections 18 to 20 of the Sale of Goods Ordinance. In order to determine whether a party to a contract of sale has property over the goods in question, the courts of Hong Kong apply the law of contract of sale. In instances involving a third party, proprietary rights are established by taking recourse to the rules of the common law. Some contracts of sale of goods are made in a foreign nation (Barber). In such transactions the transfer of property in the goods is governed by the law of the nation where the goods had been located at the time of their sale. In the context of personal property that had been disposed of in a manner that was binding, as per the law of the nation where this property had been located at that time, such disposition has a binding nature in any country (Barber). It is only on being separated from the bulk that goods no longer remain unascertained. Property in such goods does not pass until these goods are separated from the bulk. ... 415). Under the provisions of the Sale of Goods Ordinance, a contract is termed a sale, if the property in the goods is transferred to the buyer from the seller. On the other hand, if the transfer of the property in the goods transpires at a later date or if the transfer is to take place only if some condition is to be satisfied, then the contract is termed a sale agreement (Sale of goods). Section 3(4) of the Sale of Goods Ordinance states that a sale agreement is transformed into a sale, when the time passes or the stipulated conditions governing the transfer of property in the goods are fulfilled. Moreover, section 3(2) of the Sale of Goods Ordinance states that a contract of sale could be conditional or absolute. Since the buyer had paid the sale amount and asked the seller to retain the goods for 4 days, the sale transaction had been completed and Kowloon Tong Squash Club had become the owner of the goods as per the provisions of Sale of Goods Ordinance The provisions of section 27 of the Sale of Goods Ordinance, address situations wherein the seller of goods remains in possession of the same or the documents relating to their title. In such instances, if a buyer purchases these goods from the seller, then the buyer may obtain good title. It is to be construed that the seller had been explicitly authorised by the buyer in the prior sale. However, the buyer in the subsequent sale should have acted without notice of the prior sale and in good faith (Mau, 2006, p. 288). There are two situations that could arise, whenever the owner of some property legally parts with its possession. First, the owner intends to exercise exclusive control over the property, which deprives the receiver of the property of any possessory rights.

Comic Books in America and Japan Case Study Example | Topics and Well Written Essays - 2500 words

Comic Books in America and Japan - Case Study Example However, children are also the most sensitive group within the society because they are at a developmental stage that is highly susceptible to influence. Moreover, children are also the most active in leisure activities because they require socialisation to develop intellectually. The development of children is dependent on the presented values within the family and the environment in which they live, with different societies presenting different traditions. The group relations and activities that children engage in during their leisure time are particularly influential on their developmental attributes (Turow 2011, p. 162). An excellent example of this is the influence of comic books. Comic books are either locally created or imported and often follow a similar fictional plot that children can identify with easily. Comic book popularity has recently been boosted by advances in technology, as children can now access comic plots through the internet on their computers and/or mobile ph ones. In both America and Japan, the increased trend of comic books use in children is obvious, although the regions depict a variation in child behaviour in response to comic books. Thus, this paper will present a discussion of the phenomena in both countries, and offer some comparison to show how comic books affect children intellectual development as well as on aspects pertaining to their social behaviours. Japanese Manga and American Comics Overview Since the Second World War, America and Japan have experienced similar developments, and have participated in a great deal of cultural exchange. For the purpose of this paper, the common prevalence of the comic book in the two countries will be addressed. In America, the term is ‘comic books’, and in Japan, it is ‘manga’ (Burton, 2008, p. 3). Comics were developed in America in the thirties, at which time the super hero aspect gained popularity. Since then, comics have influenced the creation of Japanese man ga, which has borrowed heavily from such super hero fictions as Batman and Superman. In both countries, the fictional worlds created have offered entertainment to an increasingly broad audience of children. Indeed, both comics and manga are significant to the publication industry (Bresler & Thompson 2002, p. 51). Japanese production of manga has been larger as compared to the American comic industry, occupying forty per cent of total publication production in Japan (Schodt, 1996, p. 19). This is because the composition of manga is dynamic and has grown to cover an increased scope as compared to comics. Interest has therefore increased among consumers, who have incorporated Japanese manga into their entertainment. This has prompted the publishers of American comic books to seek developments in plot that increase the creativity and involvement of the youth and children. However, Japanese manga continues to have a greater influence as compared to comic books because, unlike their comic s, the target audience is much wider. Considering these differences in audience reach, despite the similarities of the manga and comic book genres, the influence on children in Japan as compared to in America has been recorded to vary. This may be related to differences in plot development in the stories and the reflections they offer of societal norms (Burton, 2008, p. 3; Schodt 1996, p. 20-22). Comics among American Children In the 1930s, when

Italian Renaissance Art Essay Example | Topics and Well Written Essays - 1250 words

Italian Renaissance Art - Essay Example The models given by early buildings and works performed by the art also stimulated the expansion of new imaginative techniques and the desire to re-build the forms and styles of classical art (Joost & Christiane, 47). The main development of Renaissance art was the emergence of the artist as a maker, required after, and appreciated for his erudition and imagination. Art became treasured not only as a medium for spiritual and communal didacticism, but also more as a mode of personal, illustration appearance. Even though the development of Italian Renaissance art was a nonstop progress, it is divided into three major phases: Early, High, and Late Renaissance. The last stage has been the focus in new existence of multifaceted interpretation that identifies many contending and complementary trends. Some scholars mark the start of the Italian Renaissance from Giotto di Bondone’s appearance, in the initial years of the 14th century, while others stare his abnormal success in naturalistic art as an remote occurrence (Campbell & Cole, 54). The major members of the first generation of Renaissance artists were Donatello in statue, Filippop Brunelleschi in structural design, and Masaccio in painting. They had common significant characteristics necessary to their philosophy, a faith in the hypothetical foundations of art and the confidence that growth and advancement were not only likely but important to the life and worth of the paintings. Ancient art was valued, not only as a stirring replica but also as a documentation of test and fault that could disclose the successes of former great artists. Intending to repeat the imaginative method, Early Renaissance artists required to make art forms reliable with the appearance of the normal world and with their knowledge of human personality and behavior. By the late 15th century, the innovation of the first volatile advances of Renaissance style had given way to a general receipt of such basic ideas as amount,

Biology and gender Essay Example | Topics and Well Written Essays - 1750 words

Biology and gender - Essay Example The question of interest is given the sheer overpopulation of the sperms, it appears that the selection of the sperm is a chance phenomenon dictated by randomization. It is also important to note that depending on the type of the sperm and its genotype with respect to the sex chromosome, X or Y, the sex of the developing fetus will be determined. This means either a sperm with X chromosome will unite with the ovum with x chromosome or a sperm with y chromosome will do the same, thereby creating the zygote with either XX or XY sex chromosomal pattern. If it is XX, the fetus will eventually become female and if it is XY, the fetus will become a male (Wilson et al. 2007). To answer the questions, how a sperm is selected, there were many theories, speculations, and observations. Research has explored the nuances of this mechanism quite effectively, but much is still unknown. Therefore, there is a need to update the recent knowledge from recent research, so a consensus can be drawn to det ermine the role of different other factors in the sex determination of the developing fetus. Genes by themselves are not causally efficacious, as gene... There are two control mechanisms which are involved in the regulation of spermatogenesis: hormonal and genetic (Tobet, 2002. It has been known that environmental factors may alter the genetic determinants of gonadal sex, the hormonal determinants of phenotypic sex, fetal gametogenesis, reproductive tract differentiation, as well as postnatal integration of endocrine functions. These factors all together may affect the genetic expression leading to processes essential for the propagation of the species. Environmental factors have also been known to affect or modify sexual differentiation and thus development of reproductive capacity, may be through action on the endocrine synthesis and function. Although there are perceptions that these factors all have their secular roles to play in human fetal sexual differentiation, current research indicates that they are very much interrelated (Vidaeff et al. 2005) Literature Review: At this juncture it is important to have a review of scientific research articles including reviews in order to gather the recent evidence of environmental, endocrine, and genetic influences on sexual differentiation of the embryo. Fisher in his review article, "Environmental anti-androgens and male reproductive health: focus on phthalates and testicular dysgenesis syndrome" finds out evidence in favor of link between disruption of hormonal environment by environmental antiandrogens and their effects on development of testes and reproductive tract. The author presents evidence from an exhaustive review that endocrine disrupting chemicals from the environment can act as estrogens, anti-estrogens, antiandrogens, and steriodogenic enzyme inhibitors.

HG Wells, From the war of the worlds (1898) and All you zombies Essay

HG Wells, From the war of the worlds (1898) and All you zombies - Essay Example On the other hand, All you Zombies seems to revolve around the idea of time. Both the two stories are written in a rather journalistic style. As for the case of The war of the Worlds, the almost factual description of the invasion of the aliens helps to provide some logic to the story. Both the two stories have adopted the first person narration style with the narrators giving a firsthand account of most of the proceedings, a style that further enhances the provision of a fairly wide perspective of the unfolding of events. In the War of the worlds, the aliens first appear in the country in the form of space-going simulated cylinders which when opened they seemed to emit some octopus-like creatures which would also pull in some human beings (Wells, 1988). This leads to the commencement of a war between the army and the Martian’s three legged fighting machines referred to as the tripods that used a combination of a ray of heat and certain chemical components. However, the aliens prove to be more powerful than the army whom they defeat with ease before proceeding to attack the communities surrounding they crater where the cylinders first landed. Being a follower of a Darwinian supporter, Wells seems to display some element of support for the theory’s assumption of the existence of some natural forces of selection in the evolution of organisms. The illustration of the battle that ensues between the army and the aliens from mars can be pointed as a struggle that is almost similar to the theory of natural selection. The fittest in this context are the Martian aliens who are able to outdo the human race due to their development of far more superior intelligence exhibited by their ability to produce highly developed weapons than those of mankind. On the same note, the invasion by the aliens in the war of the worlds seems to explain the ever continuing process of evolution. The narrator depicts the Martian aliens as possessing rather overdeveloped brains c omplemented by a reduced ability to make use of their emotions. In the human context, this therefore implies that in just the same case, the human brain may develop to the extent that it surpasses the rate of overall body development. Thus, mankind will remain to be more of a thinking man rather than an action based creature that would therefore rely on other mechanical devices just as the Martian three legged creature. In All you Zombies, time travel paradoxes seem to be a persistent technique in the plot of the story. In such techniques, more often characters within the story can meet themselves in time or inadvertently change the course of history in such a manner that their trip back to their original time is almost impossible. The story takes place in an unspecified future where space travel is a fact of life and attitudes toward sex and prostitution are very different from what they are today. In the story, the central character is a member of a certain group of time policemen disguising himself as a bartender with the aim of gaining the services of a sob story writer. The customer incidentally reveals the story of his life to the bartender explaining that he was born a girl before later getting pregnant and while giving birth, the doctor asserts her that she was a hermaphrodite. Since there were some complications while giving birth, she had to be removed her female organs which therefore made her

Illegal immigration Essay Example | Topics and Well Written Essays - 500 words - 1

Illegal immigration - Essay Example legal immigration is a deep rooted issue in the United States which affects it in many ways including it economy; thus it is important that employment regulations and penalizing policies should be maintained for these illegal immigrants. Many laws have been formulated to prevent illegal immigrants from entering the country but it cannot be denied that they have a very great impact on the economy of the United States. This is because they form a major portion of the working class in the country (Fuqua 217). The illegal workers form an integral part of many businesses. According to the Department of Labour, greater than fifty percent of the workers who pick crops are illegal immigrants. Despite of the benefit of an increased labour class provided by the illegal immigrants, they lay a negative impact on the economy as well. This is because people coming from the poor countries agree to a lower pay scale and the result is unemployment of the locals. Thus, this creates issues for the local as well as the federal government (Finnegan). The economical impact of the illegal immigrants is undeniable but their employment raises many issues for the employers who hire them. This is because the employers have to face the legal issues pressed against them for hiring the illegal people and at the same time, the illegal workers also demand compensation legally for the accidents in the workplace or for any act that they feel discriminates against them. â€Å"The Immigration Reform and Control Act of 1986† is an ct which clearly states the fact that illegal people residing in the United States should not be employed and it is the duty of the employers to check the legal documents of their employees to be sure that they reside legally in the country. Furthermore, if illegal immigrants are found to be working with forged documents used for employment, their jobs should be ended with immediate effect and they should also not be provided with any claims or benefits. These measures have

Corporate Organ in China Essay Example | Topics and Well Written Essays - 2000 words

Corporate Organ in China - Essay Example The PRC Company Law 2005 has enhanced corporate governance, transparency and minority shareholders protection. The terms and conditions for the establishment of the liability companies and joint stock limited entities have been softened. The Company Law 2005 has barred the directors and management of the limited company from the violation and contradiction of their official duties and responsibilities towards the company. According to the law, in case of any mismanagement or financial manipulation, it is the controlling shareholder, director or senior manager, who is personally responsible for their failure to handle conflict of interest situation. The approach has been responsible for the lifting of corporate veil. The directors of Chinese public listed companies have been barred from participation in any matter, which has direct relevance with tier authority, based on interest. The approved PRC Company Law has encouraged the accountability process, and has recommended strong action against the controlling shareholder, if found guilty of abusing the profits and benefits of limited liability. The previous PRC Company Law failed to protect the legitimate and financial interest of minority shareholders. ... In case 1 if the company disapproves the disposal of its major assets, or in case if the company is involved in any merger or acquisition deal, the minority shareholder has the right to pressurize the company for the purchase of their shares. The minority shareholder also has the legal authority to take judicial action against the directors, if the directors are involved in embezzlement of funds, or breach of fiduciary duties. The PRC Company Law has authorized the .3% of the total shareholders to request the Board of directors, and seek their opinion and consideration towards the submitted proposals and agenda. The shareholders also have the right to call upon Board of directors meeting in case of violation of an article or law is observed. The PRC Company has further authorized 10% of the shareholders to seek liquidation of the company through submission of a petition in People's Intermediate Court2. The shareholders have the right to access and secure company's corporate records, accounts and articles. Limited Liability Companies: Gains for Minority Shareholder The PRC Company Law has abolished the previously approved system, according to which the company intending to launch their subsidiary were to contribute 50% ceiling on such investment activities. The PRC Company Law has encouraged the companies to establish their subsidiaries unconditionally3. The company law has further encouraged the involvement and participation of the local shareholders by increasing the non cash contribution from 20% to 70%. Even those shareholders having intellectual property rights have the grant to contribute and participate in shares transaction. However condition has been