Wednesday, October 30, 2019
The Doctrine Of Insurable Interest Essay Example | Topics and Well Written Essays - 4000 words
The Doctrine Of Insurable Interest - Essay Example The earliest references to insurable interest simply emphasised this characteristic of insurance. Since the insurer's contractual undertaking was to indemnify the insured for patrimonial loss, the latter had to prove that he had a financial interest upon the happening of the insured event because there could be no loss without an interest. In this very respect insurance was considered to differ from a wager because wagers did not contain an indemnity clause. The English common law was much to the same effect until 1774 when the Life Assurance Act3 was adopted. This Act introduced some important changes. South Africa inherited the English doctrine of insurable interest. This was brought about by certain colonial legislation4 which adopted English insurance law in the then Cape Colony and the Orange Free State. For this reason English law must be considered. In the recent case of Feasey v Sun Life Insurance Corp of Canada the Court confirmed that the interest necessary for life assurance must sound in money. At the same time it acknowledged the differences between indemnity and non-indemnity insurance. Special emphasis is put on the question of precisely what interest the parties intended to insure. It is clear that English law has not made much progre... It has even been suggested that insurable interest in life assurance in many respects is clearly out of touch with reality and that reform is necessary. Some important aspects of the English rules on insurable interest have indeed become firmly entrenched by trade usage and no turn-around seems possible, e.g. the rule that a person may insure his or her own life and that of his or her spouse for any amount he or she deems appropriate. On the other hand, some important matters must after the repeal of the provincial ordinances be considered as being open. Thus the question may be asked whether the existence of an actual insurable interest at the time of contracting is a separate requirement in law for the validity of a true contract of insurance. May a future interest for instance be insured on condition that the interest materialises before occurrence of the insured event (http://www.ombud.co.za/res/pdf/INSURABLE%20INTEREST%20IN%20THE%20CONTEXT%20OF%20LONG.pdf) Here there are in effect two questions. The issue raised most commonly is whether the definition of insurable interest is too narrow. Should unmarried cohabitants not be able to insure each other's life even in the absence of financial dependency Should the requirement of a proprietary interest be retained The more fundamental issue is whether it is obligatory to keep hold of the doctrine of insurable interest at all. In United Kingdom it seems to have been eliminated for definite types of business.1 The problem will have to be measured in the light of apprehensions about moral risks and, at a lawful level, the probable result of the Gambling Act 2005, which makes gambling contracts enforceable. Although the 2005 Act has not
Monday, October 28, 2019
The most persuasive of three models of attorney-client relationship Essay Example for Free
The most persuasive of three models of attorney-client relationship Essay While in the attorney-client relationship, lawyers face three obligations in performance. First, they must assume the duty of fully investigating a client’s case.  Lawyers should seek out all relevant acts. This information is necessary to provide the client with an effective counsel. The second duty is zealous client advocacy. These duties are sometimes at odds with the third duty which is the obligation of lawyers to the court. All active lawyers are officers of the court and therefore, hold certain responsibilities.            It has been argued that only two of the above three obligations can be met at any given time.  Dean Freeman is quoted as saying, â€Å"To convert the defendant’s only champion into yet another member of the state’s legions seems an unnecessary and offensive step.†           The first and second obligations are in place to insure zealous advocacy; and the third is essential for lawyers to participate in the judicial system as it is designed. (Retrieved on 11/17/06 from source: http://www.findarticles.com/p/articles/mi_qa3975/is_200207/ai_n9119407)            The ABA has promulgated three model codes of lawyers since 1908. The Canons of Ethics in 1908 was first. This established many rules and codes that are still in effect today. One thing the Canons did was to ban lawyers from advertising, except in the case of handing out business cards.            The Canons were the ABA’s direct response to President Roosevelt’s 1905 criticism of lawyers as â€Å"hired Cunning†, or, those who, for lucrative fees, undermined the public interest by their representation of corporation and wealthy individuals. These Cannons were adopted and were the legal profession’s authoritative statement of how a lawyer should act. (Retrieved on 11/17/06 from source: www.bryancave.com)             The 1908 Canons included the duty of an attorney to keep a client’s secrets. This element of confidentiality is the duty I hold most important. The Canons of 1908 set the premise of trust in the minds of the general, lawyer seeking public. Attorneys can be more persuasive to their clients in regards to gaining their trust, if the client knows their secrets will be kept and confidentiality is firmly in place.             The American Bar Association Model Code of Professional Responsibility was created in 1969. This was a set of professional standards intended to guarantee the minimum legal ethics and responsibility of lawyers in the U.S. It was ultimately replaced with the Model Rules of Professional Conduct after the Watergate scandal.            While I do feel all three model codes are important, the Canons are most persuasive in my book as they lay a firm base for what is expected from today’s lawyers: Confidentiality, competence, honesty, loyalty and client’s access to progress through exchange of information. (Retrieved on 11/17/06 from source: www.dcbar.org)
Saturday, October 26, 2019
hamburgers and ground beef :: essays research papers
Hamburgers and Ground Beef      Each individual in America has a goal he or she wants to accomplish. Whether it’s to purchase a new car or a huge home, it’s a goal wanted to be reached. However with the amount of fast food that Americans eat today, they will have a hard time accomplishing these goals because of the obesity or even disease they’ll have from the fast food. One major fast food that we like to eat while on the go is hamburgers. If it’s breakfast we grab a burger, if it’s lunch we grab a burger and even when it’s dinner we will grab a burger and might throw in some fires and a huge soda to go with it. Hamburgers are one of the leading causes of obesity and disease catching food.      In the Bio Analogics article it states that nearly two-thirds of residents of United States are overweight, and since 1991 the incidence of obesity has risen from 12 percent to more than 25 percent. This is due to the amount of junk food and burgers, we ate daily. To see if I am also one of these fast food consuming eaters, I composed a diary of what I eat daily and I discovered that within my weekly schedule, that’s between school and work- I eat hamburgers at least three times a week. I ate these burgers not just from one place, I ate them from four different places. The first one I ate was at In-and-Out. The second one was at Fuddruckers. The fourth day I had one in McDonalds and on the sixth day in which my friends and I went to Applebee’s after work and I still had the nerve to order a hamburger even when there were other items on the menu.      Hamburgers come from ground beef, which in reality if you consume a couple of hamburgers per month, it won’t harm you, but it states in ConsumerReports.org, â€Å"Americans show their affection for ground beef and burgers by consuming approximately 30 pounds of ground beef per person per year. Ground beef's saturated fat can contribute to heart disease, and the bacteria it sometimes harbors can sicken or kill someone who eats beef that is not cooked thoroughly.†With this information available to Americans daily, we still do consume the ground beef and even have the nerve to tell ourselves and our friends that we plan to cut back on it any day now.
Thursday, October 24, 2019
Character Sketch on Jack Merridew from Lord of the Flies :: essays research papers
Jack first appears in Chapter 1 on page 15 after Ralph had blown the conch. He appears at first to be a terrifying and haunting figure in the way he dresses, a long sweeping black cloak, from a distance looking like a fictional character. Jack is introduced as darkness and shadow, â€Å"Within the diamond haze of the beach something dark was fumbling along... the creature stepped from mirage on to clear sand, and then they saw that the darkness was not all shadow but mostly clothing.†The image Ralph sees is actually Jack and his choir boys. When they are first introduced, â€Å"the heat of the tropics, the descent, the search for food, and now this sweaty march along the blazing beach had given them the complexions of newly washed plums.†Jack wore â€Å"a long black cloak which bore a long silver cross on the left breast and each neck was finished off with hambone frill.†Each choir boy also wore a square black cap with a silver badge on it but Jack’s badge was golden. Jack is â€Å"tall, thin, and bony: his hair was red beneath the black cap. His face was...freckled, and ugly without silliness... .â€Å" His eyes were bright blue and were ready turned to anger if necessary. He held himself upright and moved athletically and with authority. The first thing Jack says when he meets up with Ralph, Piggy and the other crowd of boys is, â€Å"Where’s the man with the trumpet?†The way in which he says this shows his contempt for the other children on the island. At this point he only cares about himself, his own reactions to changes and his own feelings. This is visible through his none existent interest towards the boys. He disagrees with some of what is said, â€Å"This was the voice of one who knew his own mind.†He has a disdainful attitude towards the other boys including the choir but shows a grudging respect and a shy liking for Ralph once Ralph is elected as leader and offers him continued control of the choir to be given which ever job Jack chooses. At first Jack doesn’t seem satisfied that there isn’t a man and wonders why Ralph has summoned everyone if there is no ship. He is put out because he isn’t chief. He believes that Ralph isn’t able to control the boys and thinks that he has his priorities all wrong- Ralph should be ordering people to go out hunting instead of building huts and keeping fires going.
Wednesday, October 23, 2019
Frost and Farley’s “The Road/Lover Not Taken†Essay
One of the most renowned American poets of his century, and of our generation still, Robert Frost – evident in his perhaps most widely recognized poem, â€Å"The Road Not Taken†(1915) – is able to effectively relate the inherent and quintessential condundrum existent in humanity which plagues the greater part of every human being’s existence. Conversely, the poet Blanche Farley, in a similar poem entitled â€Å"The Lover Not Taken†(1984) is able to afford readers more than a brief glimpse, and perhaps, reflection, of the inner workings of the human psyche, and its complexities; however much verging on a lampoon or parody of Frost’s work it may appear to be. Both writers are able to convey an aspect of humanity through their poetry. Apart from the glaring similarity which exists in the title of Frost and Farley’s poem, â€Å"The Road†¦ †and â€Å"The Lover†¦ †share another familiar element. Both are fraught with the inherent human agony and reality of choice. The need to choose between two roads to tread by, or lovers to take for one’s own; and the possibility of being at an advantage or disadvantage for choosing or dismissing a lover or proverbial road over the other is explicitly voiced in both poems. Both Frost and Farley are able to communicate the exquisite agony which is necessarily attached to the act of choosing, and perhaps even mourning the fact that one doesn’t have the capacity to venture and experience both undertaking. Frost’s â€Å"The Road Not Taken†begins with the famous lines affirming the previously mentioned sentiment when he pronounces, â€Å"Two roads diverged in a yellow wood, / And sorry I could not travel both†¦ †(1-2). In case readers were unable to exact this particular ideology from the title yet, the aforementioned quoted lines are able to firmly establish and affirm it. The extent of Robert Frost’s poem proceeds to relate how he chose one road over the other, one that appeared less than pleasant, but that which he proceeded to tread along in nonetheless. And despite already treading along in it, Frost briefly thought of returning and walking the other road instead, but he resolves to continue on the road he’s chosen, pronouncing, â€Å"Yet knowing how way leads to way, / I doubted if I should ever come back. †(14-15). The poem aptly culminates under a tiresome, but hopeful and optimistic note in which the poet looks back on the journey he’s taken, and relates: â€Å"I shall be telling this with a sigh / Somewhere ages and ages hence: / Two roads diverged in a wood, and I– / I took the ones less traveled by, / And that has made all the difference. †(16-20). The proverbial road and journey which the poet took, and which every man and woman, at one point or another, is inevitably bound to undertake is highlighted in the poem. Frost stresses the weight or impact that every individual’s choice contributes in the shaping of his or her life. The concluding line in the poem speaks to readers on a visceral level because it encompasses an inherent and significant aspect of every individual’s humanity. In â€Å"The Lover Not Taken,†Blanche Farley addresses this similar aspect of humanity – the perennial agony associated with choice – albeit rooted in parody, and perhaps even comedy. Farley relates the age-old torment of being torn between lovers, playfully relating, at times subtly, and sometimes crudely, in a fashion almost identical to Frost’s previous poem, â€Å"Committed to one, she wanted both / And, mulling it over, long she stood†¦ This new guy, smooth as a yellow wood / Really turned her on. †(1-2, 5-6) Farley proceeds to relate what she finds attractive in both men, almost in a manner which appears achingly juvenile, but the poet redeems herself with traces of wit and humor which â€Å"The Lover Not Taken†is not without. The narrator troubles herself with a view of the consequences and ramifications that could possibly ensue if she was to pick one lover over the other; but like Frost, the narrator is able to arrive at a firm decision. Farley concludes the protagonist’s particular condundrum in comedic triumphance by expressing, â€Å"With that in mind, she took the fast way home, / The road by the pond, and phone the blond. †(21-22) Blanche Farley’s â€Å"The Lover Not Taken†may be different compared to Robert Frost’s classic â€Å"The Road Not Taken†in terms of the gravity of choices being discussed, but it nonetheless presents readers a reality which applies in the extent of human existence. It affirms the idea that the perennial agony which exists alongside mankind’s inherent need to choose is very much present, be it in something as arcane and immensely significant as the journey every individual is supposed to undertake which will alter their entire being, to something as seemingly banal, trite and even juvenile as ambivalent love. Ultimately,â€Å"The Road Not Taken†and â€Å"The Lover Not Taken, are both able to evoke the agony which lies in choices, however disparate the weight of the concerns addressed in each poem may be, and in essence, both are able to reflect humanity. Works Cited â€Å"The Road Not Taken. †Anthology Of Poetry. 27 February 2008. â€Å"The Lover Not Taken. †Anthology Of Poetry. 27 February 2008.
Tuesday, October 22, 2019
Internet Security essays
Internet Security essays In the recent past a well known and widely used internet utility known as Napster was ordered to discontinue all of their activities due to copyright violations. Napster was and still is an internet music sharing service and was one of the most popular such services. The company existed to allow people across the country and even around the world to share .mp3 files with each other. However as the company became more and more popular they came more and more into the eye of the record companies and artists whose music was being traded freely across their web service. This attention resulted in a court case and eventually the temporary shutdown of Napster. It also has lead to the future state of the music service, as they will reopen for business later in this year, however will now be charging for access. This entire dispute came about due to copyright infringement laws and the breaking of them over the net, however, as can be easily seen, Napster had existed for a long time bef ore these charges were brought up, and even now many alternatives exist. The only difference is the relative size of the alternatives compared to Napster. Yet these other alternatives continue to exist without punishment. The question that I will answer here has a powerful bearing on the lives of these sites, as well as on the lives of most people in this country. That question is Should there exist a government run bureau whose sole responsibility is to police the Internet to keep crimes such as these, no matter how trivial, from occurring? My answer to this question, is no. I have many reasons for the answer that I have provided to this very controversial question, however, I will only be able to address a few of those reasons here. First and foremost of these, however, is a very obvious reason, the issue of privacy. Privacy has been a concern when enforcing the law for most of the history of our country. Privacy is the reason that w...
Monday, October 21, 2019
Israel P.L.O. Peace Treaty essays
Israel P.L.O. Peace Treaty essays The Middle East has always been known as the Holy Land, the land of the Bible. For centuries, prophets have walked there, nations have collided and conquerors have come and gone. While Jews claim a three thousand-year-old attachment to this ancient land, Arabs also stake their devotion. In 1993, these two peoples, involved in a tragic conflict that has lasted more than half a century, saw the possibility of a new beginning. It was called the Oslo Accord, and it transformed the political realities of the Middle East (Peres, p.2) However, there have been many turbulent events that have followed the signing of the Accord, events that have undermined the agreement and are threatening to drive Israelis and Arabs apart once again. Since the founding of Israel in 1948, there has been continuous conflict between Israel and the Arab states. This conflict has been marked by six bloody wars. In 1867, during the six-day war of Syria, Jordan and Egypt, Israel captured the West Bank, Sinai and the Gaza strip. Subsequently, a population of over a million Palestinian Arabs, together with their land was now under Israeli control. (Spencer, p.70) It was during this time that a Palestinian leader emerged, Yasser Arafat. Labeled a terrorist by Israel and the United States, he and his Palestine Liberation Organization called for the eviction of Israel from the occupied territories by force of arms. In 1979, Israel returned Sinai to Egypt by a peace treaty. Although Egypts Prime Minister Anwar Sadat was assassinated in 1982 by anti-peace forces, the peace still remained between the two countries. This paved the way for negotiations with Jordan, Syria, and the Palestines. (Hunter, p.17-20) However, Israels continued occupation of the Palestinian territories led to the uprising of Arab youth in the West Bank and Gaza, known as the Intifada. For the Palestinians in the West Bank and Gaza, the Intifada provided them with a new and assertive Palestin...
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