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blason resume A qui est ce blason ? Cliquez sur le blason pour le savoir. Grade! L'héraldique est la science ou l'art qui étudie les blasons et les armoiries. Creative Writing Association! L'héraldique permettait d'identifier le porteur du blason et de connaître son histoire (les faits d'armes et les victoires qu'il avait remporté). How To Grade! L'héraldique s'est développée au Moyen Âge dans toute l'Europe . Writing! Au départ, les blasons étaient utilisés par les chevaliers pour être reconnus, puis rapidement, son usage s'est étendu à toute la société : femmes, clercs, paysans, bourgeois, villes, régions, pays et même corporations de métiers. Il existe donc une quantité considérable de blasons, qui se sont compliqués au fil des siècles. How To! Pour arriver à identifier un blason - et l'homme qui se cache derrière - il faut d'abord connaître le vocabulaire très particulier de l'héraldique.
Un blason est un ensemble de couleurs et de dessins peints sur un écu. Essay Closing! Les armoiries (ou armes) sont l'ensemble formé par l'écu, les figures, les devises et tous les ornements extérieurs du blason. How To! Un écu est un bouclier. Il servait aux guerriers à se protéger bien sûr, mais aussi à effrayer l'ennemi (dans l'Antiquité on scientific essay dessinait des figures monstrueuses sur le bouclier) et puis à identifier le porteur , sa famille ou son clan sur les champs de bataille. Grade! Il existe toute sorte de formes d'écu, parce qu'il existait toute sorte de formes de bouclier ! La plus classique est l'écu ordinaire : Mais il existe nombre d'autres formes, par exemple : Chaque pays a sa forme particulière, par exemple : Cliquez ici pour télécharger une page (format .doc) avec toutes ces formes d'écu. For Research! (51 ko) En héraldique, les couleurs ont un nom particulier, on grade essays les appelle les émaux . Scientific! - d'associer un métal sur un métal. How To Essays! - d'associer une couleur sur une couleur. Essay! - d'associer une fourrure sur une fourrure. Essays! Attention , les fourrures ne sont pas obligatoirement de ces couleurs là ! On peut voir par exemple : le vair d'or et gueules , de gueules herminé d'or , d'azur herminé d'or , le péan (hermine sable moucheté d'or) ou encore l'erminois (hermine d'or moucheté de sable) etc. Do My! Et les motifs peuvent être plus ou moins grands. Grade Essays! Par exemple : le Menu-vair ou le Gros-vair (appelé aussi Beffroi). Creative Writing Association! Cliquez ici pour télécharger une page (format .doc) avec les émaux, les métaux et les fourrures. How To Essays! (73 ko) 4) Les partitions : les découpages à l'intérieur des blasons.
Un écu reste rarement intact, il peut être divisé en deux, en quatre, en diagonale ou découpé en bandes horizontales ou verticales, orné de motifs géométriques, permettant d'alterner les couleurs. Les découpages des écus sont appelé partitions . History Topics Papers! Lorsque l'écu est uni, sans partition, il est dit plain . Essays! Voici les principales partitions : L'écu peut être orné de formes géométriques , lignes horizontales, verticales, diagonales, carré, triangle etc. Topics! Chaque forme porte un nom, voici les plus communes que l'on appelle pièces honorables en héraldique : Il existe aussi les rabattements , ce sont, pour parler simplement, des rayures de deux couleurs, verticales, horizontales ou diagonales. Essays! En fait, on essay closing répète les formes géométriques précédentes. Essays! C'est déjà plus compliqué, mais les voici : Cliquez ici pour télécharger une page (format .doc) avec les partitions, les pièces honorables et les rabattements. Creative! (123ko) 5) Les meubles et les figures : les décors sur les blasons.
En plus des couleurs et des formes, les blasons peuvent porter des objets, on how to grade essays les appelle des meubles ou les figures quand il s'agit d'animaux ou d'humains. Racism Essay! Ce sont des formes géométriques ou des animaux . How To Essays! Ce sont des carrés, losanges, triangles, ronds, rectangles, anneaux etc. Chaque forme prend un nom particulier en héraldique, voici les plus courantes : Ce sont très souvent, le lion et l'aigle , mais on papers trouve aussi l'abeille, le cerf, le coq, la cigogne, le loup, le sanglier, l'ours etc. How To Grade! Les animaux peuvent être dans des positions différentes , aussi leur nom change. Brunei! Par exemple, pour le lion : On peut associer les positions : contourné et passant, regardant et couché etc. Grade Essays! On trouve aussi des monstres fabuleux, des animaux fantastiques , tels que : Le plus célèbre est incontestablement la fleur de lys , mais on racism essay trouve aussi des roses, des arbres, des chardons, des épis de blés, des palmes, des pins etc. Grade Essays! Les objets inanimés (constructions, outils, etc.) Ce sont par exemple, une couronne , une épée, des outils, des clés, une tour , un soleil, une lune, une étoile, une coquille, un fer à cheval, un navire, un chateau et toutes sortes de croix. Pay To Paper! Cliquez ici pour télécharger une page (format .doc) avec encore plus de meubles et de figures. Grade! (218ko) Autour de l'écu, on myth peut rajouter d'autres éléments : le cimier, le cri et la devise et d'autres choses encore. Grade Essays! En langage héraldique, lire un blason se dit blasonner .Cela consiste à décrire le blason avec précision . Paper! Le vocabulaire spécifique à l'héraldique est donc essentiel pour être précis. On commence par le partitionnement s'il y en a un. How To Essays! Puis l'émail (les couleurs) du champ principal.
S'il y a plusieurs charges (c'est-à-dire plusieurs pièces ou meubles), il faut commencer par les plus importants : les pièces avant les meubles, le centre avant les côtés, les grandes avant les petites, les nombreuses avant celles qui sont uniques. Racism Essay! Pour voir des exemples de lecture , voir ci-dessous, des blasons célèbres. How To Essays! D'azur aux trois fleurs de lys. Essay! Au trouve au-dessus, une couronne, le cri des rois de France Montjoie Saint Denis, deux anges et d'autres ornements. How To Grade! Ecartelé 1 et 4 : de gueules, à trois léopards d'or (Angleterre) ; au 2, d'or, au lion de gueules, enfermé dans un double trescheur, fleurdelisé et contre-fleurdelisé du même (Ecosse) ; au 3, d'azur, à la harpe d'or, cordée d'argent (Irlande). Sa devise : Dieu et mon droit De gueules au château d'or. Essay! Castel de Saverdun en lettres d'argent. Grade Essays! D'azur aux treize couronnes d'or.
Sa devise : Pendragon Teste de Dragon. Association! D'argent aux trois bandes de gueules. Grade! Sa devise: Du lac ma Dame Tout le monde peut dessiner son propre blason, il faut seulement s'assurer que personne d'autre ne le possède déjà ! Votre blason doit être simple , facile à dessiner et facile à lire. Pay To Do My Paper! Mais attention, si vous choisissez d'azur plain (c'est-à-dire tout bleu) il existe certainement déjà depuis des siècles ! Pour vous aider, pensez à : la forme d'écu que vous voulez. Par exemple, si vous être une jeune-fille ce sera forcément un losange ! votre couleur préférée pour la mettre en fond. How To! vos autres couleurs préférées pour les éléments tels que partitions, meubles etc. Brunei Essay Competition! un animal que vous aimez, peut-être auquel vous ressemblez (pas physiquement j'espère !!) un objet que vous aimez, qui vous représente. Essays! la partition que vous souhaitez mettre. Scientific Essay! (lignes ? croix ? bande ?) Maintenant, il ne reste plus qu'à prendre son crayon et à faire des essais ! 1) Décrivez ces blasons en utilisant le vocabulaire héraldique : 2) Cherchez l'erreur dans ce très ancien blason du royaume de Jérusalem . Grade! 3) En utilisant vos connaissances, réaliser votre blason en respectant la règle des émaux et en plaçant obligatoirement une partition et un meuble (géométrique, animal, végétal ou autre), au minimum.
Décrivez votre blason dans le langage héraldique. Model! Cliquez ici télécharger (format .doc) le sujet de devoir. How To Grade! (62ko). Brunei Competition! L'héraldique est vraiment très compliqué, il ne s'agit ici que d'une initiation ! Pour plus de détails (beaucoup de détails) voir :
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Offer And Acceptance Essays and how to essays, Research Papers. Contract Law- Offer and Acceptance Enforcement of promises Criteria: 1. Offer and corresponding . Acceptance 2. Consideration 3. Essay! Intention to create legal relationship 4. Certainty I. Formative elements – will theory of K Offer - an expressionof willingness to contract upon certain terms – binding upon acceptance Requisites: (a) Offer will become binding upon acceptance ; and grade, [may be prepared to sell] (b) Nothing further remains to do my be done If no an offer , what is it. Contract , Contract law , Invitation to essays treat 677 Words | 3 Pages. legally enforceable agreement, or a contract, can be broken down in to five elements; offer , acceptance , consideration, capacity . to scientific racism essay contract and grade, intention to create legal relations. In this scenario there doesn't appear to history topics be an issue with capacity to contract and intention to create legal relations, so we can assume that they are both satisfied. The issues concerning this scenario are the concept of an offer , acceptance and consideration.
When looking at the issues and assessing them, the how to essays, objective. Breach of contract , Contract , Contract law 1536 Words | 4 Pages. In the given question the issue is whether there is a binding contract between Gerard and Reg. A contract can be defined as a voluntary assumption of pay to . obligation .In order to establish a contract there must be an offer followed by an acceptance . In order to how to grade essays see whether the parties have come to an agreement the court would look at the intention of the parties. Intention will be looked at objectively .In applying the objective test the courts consider whether the reasonable person in creative writing the other parties’.
Contract , Contract law , Invitation to treat 1435 Words | 4 Pages. But court decided that there wasn’t any agreement. Grade! OFFER AND ACCEPTANCE : Did one of the parties make an offer ? . Competition! If so, did the how to, other party accept offer ? This is needed as external evidence. (However, there may be exceptions especially in commercial contracts.) Bilateral Contracts: one person makes an offer to another person and is accepted. One to one. Essay! Unilateral Contracts: Distinguishing an offer from an invitation to treat Offer : mention of specified terms (quantity, price) Lefkowitz. Alfred Denning, Baron Denning , Contract , Contract law 914 Words | 4 Pages.
Yatie, and whether the how to grade essays, the offer by Yatie was revoked or not. According to (Miller amp; Jentz, 2010) every contract will involve atleast two . parties. That is the offeror and the offeree. The offerer is the party who makes the offer , and the offeree is the person to whom the offer is made to. OFFER As per (Clarkson, Miller, Jentz, amp; Cross, 2009) an offer is do my paper, a promise or commitment to do or not to do a certain thing. And there are three elements for an effective offer to be legally bounding from.
Contract , Offer and acceptance , Option contract 1116 Words | 3 Pages. Without offer and grade, acceptance there can be no contract and so it is essential that the law provides rules to identify what . constitutes both an offer and an acceptance . An offer may be defined as a statement of willingness to contract on specified terms made with the intention that, if accepted, it shall become a binding contract. An offer may be express or implied from conduct. In many cases it is writing association, crucial to determine when and where a contract is actually formed and this too needs rules. In the vast. Alfred Denning, Baron Denning , Carlill v Carbolic Smoke Ball Company , Contract 1158 Words | 3 Pages. 1. OFFER : Ben has contacted Ting in the subject matter of identifiable object GTX which Ting had inspected two days ago, he clearly mentioned . terms and conditions i.e. $30,000 cash and showed an intention to be bound by these terms and conditions 1(Harvy v Facey, Graw 6th ed, pg 41). 2. Grade! MERE INQUIRY: Ting didn’t accept or reject Ben’s offer and inquired about the spare parts which is infact a mere inquiry rather than counter offer as Ting has not put forward any new terms to writing association Ben’s offer in. Consciousness , Contract , Contract law 704 Words | 3 Pages.
Business Law: Offer and Acceptance . How To Grade! For a simple contract to be valid one party must make an minority myth essay offer and the other . party accept it. ?An offer is made where a person (the offerer) unequivocally expresses to another (the offeree) his willingness to make a binding agreement on how to essays the terms specified by him if they are accepted by the offeree' (Card 2002). Essay Closing! This offer could be made to a specific person, in which case it cannot be accepted by anyone other than that individual. On the other hand it could. Carlill v Carbolic Smoke Ball Company , Contract , Contract law 1530 Words | 4 Pages. Contract: Offer and Acceptance LAW 531 December 12, 2012 Offer and Acceptance Creating the essays, . contract is an extremely difficult process. A contract must have an offer and acceptance determine whether an agreement exists between two parties. An offer is essay closing, a suggestion made by one person to another of how to essays his or her readiness to essay competition enter into how to, an agreement under certain terms and brunei competition, conditions without further negotiations. The contract is accepted when the offer has been formally communicated to the offeror. Contract , Gentlemen's agreement , John Cusack 1099 Words | 4 Pages.
In this essay, I am going to analyse the rules of offer and acceptance and then come to a conclusion as to how satisfactory I . think each of how to grade essays them are and why. Essay Closing! In its general sense, an how to offer is an indication or proposal by one person or party (offeror) to another (offeree). It consists of one party promising to do or give something for the other party’s promise to creative writing do or give something in return. There must be willingness to contract on certain terms, made with the intention that it shall become. Contract , Contract law , Invitation to treat 1991 Words | 5 Pages. Offer and how to grade essays, Acceptance - Contract Law.
has to be distinguished between an advertisement which constitutes an offer or an invitation to treat. An advertisement may be considered . an offer if it is clear, precise, definite and leaves nothing open for negotiation. This was established by brunei essay competition Leftkowitz v Great Minneapolis Surplus Store involving a case of the sale of two mink scarves and how to essays, a stole. Brunei Essay! The phrase “ ?10,000 for the lot, no offers ” could be an element of an offer , indicating that price is not negotiable. It can also be interpreted. Breach of contract , Carlill v Carbolic Smoke Ball Company , Contract 1019 Words | 3 Pages. Introduction: Rules of Offer and Acceptance are applied to enforce an agreement by the law.
This agreement is the first . requisite of any contract of the business. In order to a contract come into being between parties, the offer is made by the offeror and the oferee accept that offer . In 21st century, there are rapid changes in how to essays business trend which create lots of new business model such as e-business and global business. The more business participates, the more requirements of Offer and scientific, Acceptance Rules to adapt. Auction , Carlill v Carbolic Smoke Ball Company , Contract 993 Words | 3 Pages. intended to be legally binding”. This answer will highlight the main points to see the differences between an offer and an invitation to . treat.” An offer may be defined as a statement of willingness to contract on specified terms made with the intention that, if accepted there will arise a binding contract”.
On the other side, invitation to treat invites the other people to grade essays make an scientific racism essay offer which can be accepted or rejected by the other party. To illustrate them we have to look in certain areas. Essays! First. Consideration , Contract , Contract law 1492 Words | 4 Pages. Acceptance An acceptance is “a manifestation of assent to the terms [of the do my, offer ] made by the offeree in the . manner invited or required by the offer .” In determining if an offeree accepted an offer and created a contract, a court will look for evidence of grade three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. Common Law: Traditional “Mirror Image” Rule. Common law , Contract , Contract law 2258 Words | 7 Pages.
? OFFER If a contract is a legally binding agreement, the first question to consider is the method by which the court ascertains . whether a contract is to be formed. The offer must express the definite intention on racism essay the part of the person or organization making it (called “the offeror”) to grade enter into the contract with the brunei competition, person or organization to how to essays whom or which it is addressed (known as “the offeree”). An offer may be defined as a statement of willingness to contract on specified. Contract , Contract law , Invitation to treat 806 Words | 3 Pages. Business Law and Ethics, Offer and Acceptance for a Contract. of the contracts, especially about offer and acceptance . Competition! We will analyze the situation to essays see what laws are applicable and advise . Neil. In this case, we have three different people: Firstly an offeror, a person who makes an offer (in this case, Neil) and two offerees, the person to whom an essay closing offer is made (in this case, Theresa and Alex). Neil placed an essays advert in pay to paper the “Cats Weekly” magazine, which offer a rare female utopian cat for sale ?500 or nearest offer . This is an invitation to treat, which.
Cat , Contract , Contract law 1117 Words | 3 Pages. The Offer and Acceptance Model Is Flawd- Only an Agreement Is Necessary. The offer and acceptance model is flawed- only an how to essays agreement is necessary. In order to fully comprehend this statement, we must . first establish what constitutes and brunei essay, offer and what constitutes acceptance . “An offer is a statement by how to grade essays one party of willingness to enter into creative writing, a contract on stated terms, provided that these terms are, in turn, accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to how to grade the terms proposed by the offeror”. The “ Offer and acceptance. Alfred Denning, Baron Denning , Carlill v Carbolic Smoke Ball Company , Contract 1476 Words | 4 Pages.
Discuss About Offer and Acceptance in Contract Law: namely offer , acceptance , consideration, capacity, legal relations, legality and agreement. Creative Writing Association! In this essay, I am going discuss the . offer and acceptance particularly. Offer In addition, an offer is when an offeror(the person who makes the offers ) proposes a set of terms to how to grade essays an offeree(the person who accepts the offer ). However, people might be in doubt about the difference between “ offer ” and “invitation to treat”. Invitation to treat is an invitation to make an offer . It is not an offer . This case. Contract , Contract law , Contractual term 1016 Words | 3 Pages. 2013 BUSN-420 Week 3: Individual Assignment What is required for a valid offer ? There are six parts to essay closing the formation of a valid contract: . 1. An intention to create a legal relationship – In short, both members must be of how to grade sound mind and have a clear agreement that a contract (or arrangement if verbal) will be formulated between the for research papers, two parties.
Either side of the party cannot be tricked into how to grade, the contract. 2. Offer – The request for services, a product, or arrangement from one party to another. Breach of contract , Contract , Contract law 769 Words | 3 Pages. Agreement ( Offer and Acceptance ) • Consideration • Intention to create legal relations All three scenarios are . supported by racism essay “consideration”. The general idea of consideration is that contracts involve an essays exchange in which both parties give something in exchange for the promise of the other. John offers his car in exchange for pay to 10000 euros from how to Patrick. As the last two steps involved in a contract are met we only look at the agreement, if there is an offer and an acceptance that would. Consumer Protection , Contract , Contract law 1452 Words | 4 Pages.
parties making an offer and essay closing, its acceptance by the other party. Both offer and acceptance create an . agreement. In simple contract should first contain an offer made by grade essays one party to the other. What is an offer ? As per Sec 2(a) of the contract act “When one person signifies to another his willingness to essay closing do or abstain from grade doing anything, with a view to obtaining the assent of that others to such act or abstinence is essay closing, said to make a proposal”. The word offer of the English law. Consumer Protection , Contract , Contractual term 1513 Words | 5 Pages. ? Offer Proposal is defined under section 2(a) of the how to grade, Indian contract Act, 1872 as when one person signifies to another his willingness to do . or to abstain from competition doing anything with a view to obtain the assent of that other to such act or abstinence, he is said to make a proposal/ offer . Thus, for essays a valid offer , the party making it must express his willingness to do or not to do something. But mere expression of willingness does not constitute an offer . The rules regarding the offer are The offer. Advertising , Carlill v Carbolic Smoke Ball Company , Contract 1782 Words | 8 Pages. Do the courts always rigorously apply the established rules of offer and acceptance governing the formation of essay closing contracts?
Do the courts always rigorously apply the established rules of offer and acceptance governing the formation of contracts? Put . bluntly, no, the courts do not always rigorously apply the established rules of how to essays offer and acceptance governing the creative, formation of contracts. Judgments by Lord Denning in Butler Machine Tool Co Ltd v Ex-Cell-O Corporation Ltd (1979) and Gibson v Manchester City Council (1979) have challenged this ‘mirror image’ approach. Essays! Nonetheless, these are very much exceptions to the general. Alfred Denning, Baron Denning , Carlill v Carbolic Smoke Ball Company , Contract 1314 Words | 4 Pages.
business law conditional acceptance. elements which are acceptance , consideration, intention to be legally binding, capacity of the contract and finally legality of the . promises.1To archive an agreement between the offeror and offeree there is a formula whereby offer + acceptance =agreement.2An offer has to be created firstly. An offer means the indication by one person to another of his willingness to enter a contract with the other person on curtain terms.3An offer can either be written or oral example of an offer are email, letters. Common law , Contract , Contract law 1411 Words | 4 Pages. Law (Missrepresentation, Counter Offer, Offer, Revocation) the given facts in the question. This paper is focused on whether there is a legally binding agreement between A Bank Berhad (the Bank) and Investment Berhad . (the Company) which caused the Company to sustain economical losses. The elements of offer , acceptance and essay closing, intend will be used to how to analyse if there is a legally binding agreement between them. The discussion would also contain possible existence of breach of contract which could cause the termination of the minority essay, contract by actions of the Bank and/or.
Breach of contract , Common law , Contract 2502 Words | 7 Pages. arguments for grade 'invitation to treat and an offer. generally requires there to be an offer and a matching acceptance . The offer must set out and refer to the object . for sale and all the important terms of the contract. The acceptance must indicate agreement to all the terms of contract. If it does not do so, the acceptance will be regarded as a counter- offer which is capable of creative association rejecting the original offer , thereby making it incapable of acceptance later (Hyde v Wrench (1840) CC 49 ER 132). How To Essays! There are two offers , the one made by Susan through the.
Common law , Contract , Contract law 1099 Words | 4 Pages. discuss the topic of “how is an offer terminated”, we should have a general view on what is an offer . An offer is a . definite promise or proposal to be bound on specific terms, and cannot be vague. If the scientific racism, offer had terminated, a contract would never be completed. Offer can be terminated in number ways and grade, I will make use of examples or case law to show how an offer can be terminated. Do My! 1. Acceptance When an offer was accepted by someone, it would bring the how to grade, offer to the end. Pay To Do My! For example, Mary. Contract , Contract law , Offer and acceptance 1197 Words | 4 Pages.
Offer and acceptance is one the main 7 essentials to create a legally binding contract since a contract is based on agreement. It . is also an essential for a court to arbitrate problems. An offer is grade, a manifestation (orally, in writing, or by conduct) of willingness to enter into bargain, which justifies another person’s understanding of paper assent to that bargain is invited and will conclude the how to essays, transaction. An Offeror is the party who makes the offer . An offeree is the party who receives the offer and. Carlill v Carbolic Smoke Ball Company , Contract , Contract law 998 Words | 3 Pages. Offer and acceptance | Contract law | Part of the common law series | Contract formation | Offer and . acceptance · Mailbox rule Mirror image rule · Invitation to pay to paper treat Firm offer · Consideration | Defenses against formation | Lack of capacity Duress · Undue influence Illusory promise · Statute of frauds Non est factum | Contract interpretation | Parol evidence rule Contract of adhesion Integration clause Contra proferentem | Excuses for non-performance | Mistake · Misrepresentation . Breach of contract , Common law , Contract 4000 Words | 11 Pages. usually takes the form of offer and acceptance . An offer is defined by essays Treitel as an expression of essay willingness to . contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the offeree. In addition, an offer is a statement of the terms on which the how to grade, offeror is willing to be bound. When an offer has been made, it doesn’t means a contract has formed until the offeree accepts the offer . The expression referred. Contract , Contract law , Invitation to treat 887 Words | 2 Pages.
Lindsell it established the postal rule which stated, acceptance is effective on posting, this means in some situations where a letter of . Topics For Research! acceptance was by post, the acceptance will be effective at the time and how to, place of posting even if the offeror has no knowledge of essay closing this. The issue in the case of Susan and Manesh is whether the essays, postal rule applies. In the case of Quenerduaine v. Cole it stated where an offer was made by telegram and acceptance by post, it was not seen as reasonable that the do my paper, postal. 2009 singles , Alfred Denning, Baron Denning , American films 494 Words | 2 Pages. FORMATION OF A CONTRACT OFFER AND ACCEPTANCE For a contract to be valid, firstly there must be an AGREEMENT . between the grade essays, parties i.e. one party must make an OFFER which is UNCONDITIONALLY ACCEPTED by the other. Essay! OFFER What is an how to offer ? An offer is a promise that the racism essay, person making the offer (known as the offeror) is prepared to be legally bound upon specified terms – he is making a statement of the terms on which he is prepared to how to grade be legally bound, for example A. Alfred Denning, Baron Denning , Contract , Contract law 4137 Words | 16 Pages. Introduction Offer and Acceptance Introduction: For a contract to be legally binding there needs to be 4 ingredients: . 1. Offer 2. Acceptance 3. Intention to create legal relations 4. Consideration Building on this, in order to prove that a contract is legally binding 5 things need to be proven: 1. That an agreement has been reached.
This is usually done by demonstrating that one of the parties has made an offer which the other accepted. 2. History For Research Papers! The agreement has been. Contract , Contract law , Contractual term 8823 Words | 25 Pages. Distinguish between offer invitation to treat. An offer is a definite promise to be bound provided that certain terms are to . be accepted. The Contracts Act 1950 uses the term ‘proposal’ but it has the same meaning as an ‘ offer . Section 2(a) defines a proposal as ‘when a person signifies to another his willingness to how to grade do or to abstain from doing anything, with a view to obtaining the assent of that other to the act or abstinence, he is said to make a proposal. An invitation to treat is racism, a statement. Advertising , Auction , Carlill v Carbolic Smoke Ball Company 1899 Words | 5 Pages. An ‘invitation to treat’ refers to a term in essays contract law. Importantly, it is not the same as an ‘ offer ’ and it is crucial to distinguish . between the two concepts. In order for a binding contract to be formed, there must be an ‘ offer ’ and an ‘ acceptance ’ of that offer . An invitation to treat is sometimes mistaken for an offer . There are many similarities between an invitation to treat and offer , so making the distinction can be difficult.
If the validity of your contract turns on this distinction. Auction , Common law , Contract 443 Words | 2 Pages. accepting the offer . Paper! At 6pm on Friday he changed his mind and telephoned Alice. Alice was not there but her telephone answering machine . recorded Bill’s message stating that he wished to withdraw his acceptance . On Monday Alice opened Bill’s letter, which arrived that morning, and then played back the message on the machine. Advise Alice.’ Introduction Begin by grade exploring what topic the question is talking about so in this case the question is talking about minority myth how Bill has revoked his acceptance . Define. Alfred Denning, Baron Denning , Answer , Communication 415 Words | 1 Pages. Relevant Law In this case, the relevant law is the counter offer . At first, Shahreen would like to buy it for RM400 but Hazli did not accept . for that price. He would accept for RM450 price.
On journey home, Shahreen agree with the price and wrote the letter to Hazli. In this case based on how to case : Hyde v Wrench ( 1940) 3 Bench 334. June 6 Defendant offered to sell his farm to the plaintiff for 1, 000 June 8 Plaintif made a counter offer of 950 but defendant refused to sell. June 27 Plaintiff. Contract , Contract law , Gentlemen's agreement 704 Words | 7 Pages. idem in a legal relation. An offer is model myth essay, a necessary element that must present for a legally binding contract to be in place. An . How To! offer and an invitation to treat are two different aspects. An invitation to treat is creative writing association, defined as an action inviting other parties to make an how to offer to form a contract, whereas an offer is an expression made by brunei essay competition offeror to offeree communicating the grade essays, offeror’s willingness to perform a promise. The distinction is important because accepting an essay closing offer creates a binding contract.
Advertising , Auction , Contract 1053 Words | 3 Pages. E-Commerce Offer vs Invitation to Treat. amount to an offer in grade essays law; Q2) If so, consider whether the filling in of the for research papers, buy now form amounted to an acceptance of the . offer ; Q3) Outline the grade essays, consumer buyer's rights under the Distance Selling Regulations as they may apply to this sale. Topics Papers! In this assignment I must conclude whether the how to essays, advert from do my paper Surjit's website constitutes a lawful offer or an how to essays Invitation to Treat. I will test this by comparing the two alternatives and assessing which is more applicable to the case study.
Offer V Invitation. Contract , Contract law , Contractual term 2301 Words | 6 Pages. How Is an Offer Terminated? Please Provide Examples and pay to, Case Law in Order to how to essays Support Your Answer. The offer fails to do my paper exist when the conditions are not favoured, which will be listed in the following.
Lapse of time An offer . Essays! will lapse and invalid at the specified time stated in essay closing the offer , or for the offer has no time stipulated ,at the end of a reasonable time which depends on how to grade essays the subject matter, means of communication and other circumstances. In Ramsgate v Montefiore(1866),Montefiore applied for shares in the hotel company. He had not received any news before he received a letter of acceptance. Contract , Contract law , Invitation to treat 1221 Words | 4 Pages. distinguish between an offer (proposal) and an invitation to do my treat. questions: Question 1: In this passage, I describe the differences between offer (proposal) an invitation to treat under common law and . Malaysian Contracts Act by using several typical examples. Question 2: Here have a case of invitation to how to grade treat, and I need to be able to analysis the case by using relevant provisions and case law and evidence my opinion. 2.0 QUESTION 1 Explain and distinguish between an offer (proposal) and an invitation to treat under common law and Malaysian Contracts. Carlill v Carbolic Smoke Ball Company , Common law , Contract 1555 Words | 4 Pages. Law Assignment - Contract Law; Restrictive Covenant, Acceptance of Goods. lies in history topics for research whether or not Fred’s silence (by not returning to Derrick) is amounted to acceptance of goods, i.e. the book and hence, has to pay . Derrick $500.
According to the law, acceptance is ‘an absolute and unqualified consent to grade all the model minority myth essay, terms of the offer ’. Any attempt to vary the terms of the offer , may amount to a counter offer , destroying the original offer . If there is no stipulated method of acceptance , then the offeree can accept by any reasonable method, which can include conduct. Consideration , Contract , Contract law 1128 Words | 4 Pages. Is an Invitation to Treat an Offer? Support Your Answer with Cases, Whenever Necessary. parties to make an offer to form a contract.
These actions may sometimes appear to be offers them, and the difference can . sometimes be difficult to determine. The distinction is important because accepting an essays offer creates a binding contract while accepting an invitation to creative writing treat is actually making an how to grade offer . Advertisements are usually invitations to treat, which allows sellers to refuse to sell products at prices mistakenly marked. Competition! Advertisements can also be considered offers in some specific. Accept , Auction , Contract 967 Words | 3 Pages. rejected their offer and have proposed a new offer . The type of rejection used by the Nelsons here is how to, called a counteroffer.
A . counteroffer is a clear refusal of the original offer and a proposal of a new offer . By proposing a counteroffer, the Cleavers’ previous offer for $500,000 with a 10% down payment ($50,000) due upon acceptance of the Cleavers’ offer is scientific racism essay, effectively rejected and the new offer made by the Nelsons for $525,000 with a 15% down payment ($78,500) due upon acceptance of the Nelsons’. Common law , Contract , Offer and acceptance 995 Words | 3 Pages. the offer , acceptance , consideration, capacity, and legality. Each element must be present to make a contact legal and binding. . Grade Essays! The offer is a definite promise to be bound, provided that the terms of the offer is accepted by the party that the offer is being made to CITATION The13 l 1033 (The Law Handbook, 2013). There are two parties that make the contract, the model myth essay, offeror, who is the person that is making the offer and the offeree, who is the person that has the essays, power to model minority accept the offer . The. Common law , Contract , Contract law 1607 Words | 3 Pages. ? Heather Proper Contract Law 07/24/2014 To further develop your skill in identifying and defining the characteristics of offer and . acceptance , complete the essays, assignment below. History For Research Papers! Write out the answers to Review Questions 1 through 10 on page 24 of your textbook 1. Define the concepts of precedent and stare decisis. Precedent is prior decisions of the how to grade, same court or a higher court that a judge must follow. Stare decisis “ Stand by the thing decided” Related to the concept of precedent; Rule that.
Common law , Contract , Contract law 1529 Words | 6 Pages. responded to Mr. Writing Association! Good’s offer , placed advertisements in 15 newspapers expressing ‘support for social reform for the protection of environment’. . This case arises when Mr. Concern could not get the 50% advertisement fees from how to essays Mr. Good and is looking for compensation. Therefore, it is clearly that Mr. Concern is the plaintiff, and Mr. Good is the topics, defendant. Unilateral offer In this case, we have to decide whether this is an grade essays existence of legally binding offer -unilateral offer . Therefore in this case. Consideration , Contract , Contract law 1546 Words | 5 Pages. 1872, “An agreement enforceable by law is a contact.” A contractual relation comes into existence when only one party makes a proposal or offer . to the other party and that other party signifies or gives his acceptance . Scientific Racism! Essential element of grade essays valid contract is essay closing, as follows: 1) Offer and acceptance : There must be a ‘lawful offer ’ and how to essays, ‘lawful acceptance of the offer . 2) Intention to create legal relation There must be an intention among the parties that the agreement should be attached by legal consequences.
Common law , Contract , Contract law 1874 Words | 6 Pages. can be broken down into essay closing, two elements. Firstly, an offer . This can be described as an grade expression of willingness to contract on clear terms, with . the intention that it will become a binding contract when it has been accepted. Model Minority! The second is acceptance , which can be defined as the unqualified expression of assent to how to grade the terms of an offer . Betty placing an advertisement in the Ealing advertiser for creative association her BMW is clearly an invitation to how to treat and not an offer . An invitation to treat can be described as “a. Breach of contract , Contract , Contract law 980 Words | 3 Pages. multiple reasons, but must hold up to the same standards in creative writing association court to be valid.
The first element of the contract is the offer . The . offer is very important because it is where the contract initializes, and how to essays, is presented to the offeree by the offeror (Mallor et al., 2010, p. 307). The second element is acceptance . In this stage, the brunei essay, offeree has the chance to accept or deny the offer (Mallor et al., 2010, p. 325). The final element of a valid contract is legal consideration. Consideration basically. Common law , Consideration , Contract 1443 Words | 4 Pages. between these 2 parties. A contract is an agreement comprising 4 elements; Offer , Acceptance , Consideration and Intention to . create legal relations, all of which must be present for it to bind parties and give rise to obligations which are legally enforceable.
The first element is how to, offer , where an expression is made by one party (offeror) to another party (offeree) communicating the offeror’s willingness to perform a promise. Offer can be in the form of writing, oral or by conduct and it is pay to, only effective. Contract , Contract law , E-mail 1496 Words | 5 Pages. between Iris (“the offeror”) before deciding on the likely outcomes for the parties. Grade Essays! A proper contract constitutes an model essay offer , an grade essays . acceptance , the association, provision of a consideration of how to value and parties’ intention to legal relations. Essay Closing! There was no depute as to the presence of a valid offer because Iris did indeed make an offer to sell the piano for a specific price and its terms i.e. keeping the offer open for grade essays Diana till noon on Saturday, were communicated to Diana. In return, Diana had also put up her consideration. Academy Award for Best Actress , Contract , Contract law 999 Words | 4 Pages. Requirements for a valid contract.
?BTEC National Business Unit 21: Aspect of essay competition contract and business law Assignment 1: The requirements for a valid contract P1: Identify the legal criteria . for offer and acceptance in a valid contract. In order for a contract to be legally binding, both parties must make an offer and an acceptance of that offer . An offer , by law it is generally presumed that in grade essays a commercial transaction, the contracting parties must have the pay to do my paper, intention to create a legally binding contract. This means that if they. Carlill v Carbolic Smoke Ball Company , Contract , Contract law 1882 Words | 5 Pages. AGREEMENT The existence of the contract depends on whether or not there was an grade essays agreement between the parties. The parties must be at consensus ad idem . for the agreement to be valid.
OFFER An offer is an expression made by essay the offeror to the offeree communicating the offeror’s willingness to perform a promise. How To Essays! Unilateral Contracts Case: Carlill v Carbolic Smoke Ball Co (1892) States that a unilateral contract brought into existence by the act of one party in response to a conditional. Carlill v Carbolic Smoke Ball Company , Contract , Contract law 1378 Words | 7 Pages. elements to form a contract is offer , acceptance , consideration, intention to create legal bound, capacity to contract and . legality of scientific essay promise. * An acceptance of an offer will create an how to grade essays agreement. History For Research Papers! * However, not all agreements are recognized as contracts. * Agreements with no intention to create legal obligations will not create a contract. Grade Essays! * In order to create blinding agreement acceptance must be final and unconditional. Minority Myth! Body Paragraph 1 * Acceptance is a clear and undoubted. Common law , Contract , Contract law 545 Words | 3 Pages. These elements under the common law requirement include an offer , mutual assent, an acceptance of that offer by a . competent person, the intention for the contract to be legally binding and consideration. Offer : An offer exists if a party “promises to do or refrain from doing some specified thing in the future conditioned on how to grade essays the other party’s acceptance ”. Don’s initial advertisement that ran in the Daily News can be viewed as an offer since he was specific with his price and the length of model minority the.
Common law , Consideration , Contract 844 Words | 3 Pages. elements, that being offer , acceptance , intention and consideration. (Sweeney O’Reilly 2007 pg 160). A contract only exists . when an offer has been accepted, an offer has the intention to grade be legally binding and essay closing, the willingness to contract on certain conditions (Butt 2004 pg306). Accepting an offer means agreeing to the contract and in essences agreeing to the terms of that contract, an offer can’t be withdrawn or rejected and only the how to essays, offeree is able to accept the offer , this acceptance must be final and. Breach of contract , Contract , Contract law 1750 Words | 6 Pages. was somehow “keen to buy the yacht”, therefore Jonathan wanted a confirmation of Bobby’s acceptance since it involves a large sum of money and . he has to submit paperwork to maritime authority prior to the actual sales. Jonathan also requested to receive the letter of acceptance by 5pm on Wednesday and he would proceed with the sales of S$300,000. Essay Closing! Hence, Bobby promptly typed out and how to grade essays, posted the letter of acceptance on Monday afternoon. By Monday, Bobby has sold part of essay competition his equity to prepare S$300,000. Consumer Protection , Contract , Contractual term 925 Words | 3 Pages. or a contract, requires four elements; an offer , the acceptance of grade essays that offer , the intention to be legally bound, . as well as consideration.
Referring to pay to do my the case of Affin Credit (Malaysia) Sdn Bhd v Yap Yuen Fui, the lack of an offer and acceptance will cause an agreement to how to essays be declared void from the pay to do my, beginning. In this particular case, although there was a valid offer and the intention of both parties to be legally bound, neither an absolute acceptance nor consideration had passed between the Bank. Common law , Contract , Contract law 2291 Words | 6 Pages. Bob v. Alex Was there an Offer from Alex to grade Bob on February 1st ? An offer is an outward manifestation of essay closing intent to be . bound by contractual agreement requiring definite and certain terms that are communicated to essays the offeree. Paper! Bob will assert that when Alex mailed him a letter offering him “Oceanhaven” for the May-June season that Alex did this act with a present contractual intent in mind.
Further, the how to, facts stipulate that Alex identified the terms as “same terms as last year” which implies. Consideration , Contract , Contractual term 1173 Words | 4 Pages.
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Role of the External Auditor in Corporate Governance. The external auditor has long played an important role in how to essays the corporate governance function. However, before we begin our analysis on how the external auditor plays this role and its importance, we must first examine the brunei essay responsibilities and duties of such an auditor. Similarly, we need to clearly define what corporate governance is before we discuss in detail the grade role that auditors play in minority myth essay it. 1.1 The External Auditor. External auditors are employees of a public accounting firm which has been engaged to conduct the essays audit of a particular company’s financial statements (audit client). The external auditor’s responsibility is to provide assurance to the general public regarding the truth and fairness of the information presented in the audit client’s financial statements. Since the public relies heavily upon an audit opinion published by a public accounting firm to do my paper, make investment decisions, it is imperative that they view accounting firms as being independent, objective and free from the influence of the audit client or any other parties. Indeed, some authors have gone as far as to say that this assurance is the basis of the world’s capital markets. 1.2 Corporate Governance in Singapore. In the company-owner relationship, corporate governance is essentially practices and regulations that are implemented to solve the conflict of interest between a company’s directors (management) and its shareholders (owners).
The need for corporate governance arises from the grade agency problem between the pay to paper principal (shareholders) and the agent (management). Grade! The shareholders of a company place their trust and scientific essay their investment in the custody of the management in the hope that the company will turn in profits to reward their investments. However, management’s aim will be more aligned towards self profit rather than the advancement of the how to grade company’s interests. Hence this conflict of interest and lack of goal congruence between the shareholders and management give rise to the agency problem, thereby requiring the essay closing implementation of how to grade essays corporate governance mechanisms. In the capital markets, this information asymmetry is amplified and model essay the corporation is how to grade essays even more of a “black box” to its owners who are not involved in its operations. In Singapore, the Council on Corporate Disclosure and Governance (CCDG) was set up on August 16th 2002 . This CCDG was set up to scientific, complement the Ministry of Finance’s Corporate Governance Committee . 1.3 The External Auditor in the Corporate Governance Framework.
The presence of an agency problem between the management of a company and the shareholders is how to essays attributable to the information asymmetry between the two parties. Writing! It is due to this lack of information obtainable on the part of the shareholders that the management is able to commit fraudulent behaviour without their knowledge. Hence, it is the role of the how to grade essays external auditor to act as a mediator of information and essay competition as a ?corporate watchdog’ in order to bridge this asymmetry of essays information and prevent or report any fraudulent management behaviour. In light of the new auditor independence rules recently put in place, we will now examine how these regulations will affect the essay closing role of the external auditor in corporate governance and whether these rules will actually achieve their intended aim of increasing auditor independence and boosting investor confidence in both the how to audit profession and in the reliability of financial statements. 1.4 Auditing Standards in Singapore.
The main legislation governing auditing in Singapore is the Companies Act. However, there are also other important regulations like the rules on auditor independence found in the Code of Professional Conduct and Ethics, now contained in Part IV of the Accountants (Public Accountants) Rules 2004 of the Accountants Act 2004. This act, previously regulated by the Institute of Certified Public Accountants of Singapore (ICPAS), is now handled by the Accounting and Corporate Regulatory Authority (ACRA), established in April 1, 2004. This Code of Professional Conduct and minority myth essay Ethics was first issued in 1989 and contained in the Fundamental Principles were integrity, objectivity, and freedom from conflicts of grade essays interest. However, a public accountant before the 2004 change was only competition barred “from accepting an audit appointment if he or his immediate family held a significant beneficial interest in the shares of the company; of how to grade if he had a direct or indirect material financial interest in the company; or if he had been an do my, officer or employee of the company for the 12-month period immediately preceding the appointment, or a partner of a company officer, or employed by a company officer.” . So what had spurred on how to essays the recommendation for change in the independence rules? 2. Cause for Change in writing Auditor Independence Rules. In the recent years, there have been many high profile corporate failures that had a very large impact on the accounting profession. One such example is the Enron debacle which led to the demise of the accounting firm, Arthur Anderson, then part of the grade essays Big 5. This has caused the relationship between auditors and their clients to be heavily scrutinised.
Over the brunei competition years, in a bid to diversify their business to prevent their market from shrinking further , accounting firms now provide many non-auditing services for grade essays their clients and essay this has raised the question pertaining to how to grade essays, the lack of independence of the external auditors. This close relationship may cause corporate disclosure to be less credible as auditors are not as independent as they used to be and may pass prejudiced judgements. Topics Papers! There may be also an increase in the lack of transparency as the auditor may be more inclined to “turn a blind eye” in a bid to hold on to that extra revenue. For many countries, this meant regulations need to be changed to how to essays, become stricter, leading to Singapore coming up with the new auditor independence requirements. 3. The New Auditor Independence Rules. The change was brought about by the recommendations of the Disclosure and Accounting Standards Committee (DASC), established in paper December, 1999. The new rules were much more numerous and more wide-ranging. Grade Essays! They were based on scientific essay the Code, as well as auditor independence rules of professional bodies and other regulatory agencies in Australia, the UK, and the US. To ensure that these requirements are kept up to date and complied with, the Auditor Independence Committee (AIC) was set up in December 2001. The AIC was responsible to oversee that the DASC was coherent with the international practices. How To! Developments in this area will be watched by the AIC and scientific essay applied to the local framework.
The fourth schedule focus on principles that relate to how to grade, the five sources of threats to competition, the auditor’s independence: self interest, self review, familiarity, advocacy, and intimidation. How To Grade Essays! It also states out specific requirements and definitions of the different types of relationships that the auditing firm and client must have. The relationships that are stated out can be divided into 3 categories, namely, financial, personal and business. Financial relationships will include shareholdings in the client firm. This is stated out in the economic interest aspect of the fourth schedule. The auditor should not have any immediate family members that have any employment ties with the racism audit client. Business relationships covered under the fourth schedule include offering other services to the audit client whether current or past or having affiliations with the audit client. These measures taken by ACRA are just guidelines to help increase auditor awareness of the how to grade essays possible risks that will lead to compromising their position on giving an objective opinion.
It will now be necessary to have auditors to be very clear about their relationships whether financial or personal with their client in order not to breach the fourth schedule. ACRA’s powers to set the rules are conferred by section 64 of the scientific Accountants Act 2004, subjected to the approval of the grade essays Minister for Finance. If these rules are not complied with, the guilty public accountant would have to face disciplinary action as stated in section 9(3) of the Accountants (Public Accountants) Rules 2004, subsidiary legislation under the Accountants Act 2004 . The Part VI of the Public Accountants rules state more about the disciplinary procedure. 4. Impact of the New Auditor Independence Requirements. The New Auditor Independence Requirements will, without a doubt, have a large impact on external auditors and their role in corporate governance. Writing Association! These requirements have been introduced in hopes of increasing the how to grade essays auditor’s single, most important asset ? independence. The general public’s faith in the accuracy and truthfulness of a company’s financial statements rests primarily in the opinion issued by an external auditor. This opinion has always been believed to be an objective one.
Hence, if the independence of the auditor is compromised, the confidence that users of history topics papers financial statements had in the audit opinion will be wavered. This will breed mistrust in the auditor’s objectivity and how to grade essays eventually damage his/her reputation. Companies will thus be reluctant to engage the services of the offending auditor in future, as his/her audit opinion will no longer be able to convince the scientific racism general public of the ?truth and fairness’ of the company’s financial statements. In the subsequent section, we will examine how reducing the threats to independence will benefit auditors in their role within the corporate governance function. 5. Increased Auditor Independence. The new requirements were designed to address the five sources of threats to auditor independence. How To! Here, we will not examine each and every single requirement, but rather focus our discussion on topics papers two examples and how these increase auditor independence. Under Section 16(1) of the new Fourth Schedule, the non-audit fees of a client cannot exceed 50% of the audit fees paid. This regulation will prevent any entrenchment problems , such as the case of essays Arthur Andersen and creative writing association Enron Corporation. This will reduce the self-interest and intimidation threats to independence as the auditor will now be able to perform an objective audit without worrying about the client threatening to terminate all non-audit services.
Also, an auditor is restricted under Section 7 of the Fourth Schedule, to undertake an audit engagement in an audit client where he/she has served in an accounting position in the past three years. This reduces the self-interest, self-review and familiarity threats. Having been in an accounting position at the client company, the auditor may be tempted to overlook errors in the financial statements in order to safeguard his/her own interests. From the above examples of how to grade essays new regulations, it is evident that the new Auditor Independence Requirements will effectively increase the independence of auditors. As a purveyor of financial information to the general public, it is the responsibility of auditors to uphold this independence. This increased independence will greatly improve the auditor’s ability to act as an information bridge between the management and shareholders.
Thus, it is in do my this way that the external auditor will be able to fulfill his/her role in the corporate governance function. 6. How To Grade Essays! Macroeconomic Impact. When examining the role of the essay competition external auditor in corporate governance, it is important to how to grade essays, remember that auditor reliability and corporate governance issues do not impact solely on topics for research papers the company’s management and the investors. Research has shown that recent accounting scandals around the world have affected investor confidence both in the reliability of public companies and grade their financial statement assertions, as well as the scientific integrity of the audit profession in general . How To Essays! This loss in confidence of the topics corporation has translated directly into grade a lower willingness on the part of investors to invest in creative writing the stock market. This may have serious repercussions as a marked drop in investor funding will result in a volatile stock market within the country, thereby affecting its economic well-being. Hence, this helps to explain why national governments are now becoming more involved in the implementation of corporate governance measures, with the use of statutory regulations. As pointed out by N Subramaniam, auditor independence may well be the lynchpin of the profession although as Kon Yin Tong has so succinctly put it, true independence is a state of mind and cannot indeed be measured nor regulated. The latter stance is corroborated by several authors such as Bakar et al and does cast some doubt on the possible effectiveness of a regulatory approach.
Further issues surround using regulation as a basis for grade independence, foremost of which remains the perennial debate between the rules based versus the essay closing principle based approach. These rules also come at a time of increasing litigation and when if anything, the profession is more than willing to self regulate as many of them have done with house rules more stringent than national standards. However, this does not mean that rule change is useless and it is precisely because of the inherent difficulties in grade essays measuring real independence that has elevated perceived independence as a proxy. Such perceptions are critical and maintain the professional distance of the auditor from the client as well. In this light we find the change timely if not long overdue though a question remains about their adequacy in ensuring independence. Where the rules themselves are concerned, many factors, as pointed out by Bakar et al can contribute to the perception of independence and these include the effects of gifts ; the do my paper purchase discount arrangement ; the audit firm size and the provision of management advisory services (MAS) by the audit firm among others. The presence of these numerous factors and the inability to provide a truly exhaustive list, points towards the shortcomings of the how to rules based approach. This also has implications for the audit firms themselves who try and establish their own standards.
What these rules cover and what type of rules they are meets increasing complexity as international audit firms operate across geographical and essay closing cultural lines. Given the apparent shortcomings of regulation in meeting the critical need for independence other suggestions such as the strengthening of the audit committee, audit rotation and industry self regulation must be further considered. The corporate governance function may be supported by a strong audit committee as suggested by essays, N Subramaniam; however this option is scientific racism not without its own issues. Firstly the jury is divided on the ability of audit committee strength to serve as a predictor of earnings quality (Bedard et al). And on top of grade that, real difficulty lies in finding the right people for the job. Scientific! N Subramaniam himself painted a rather high order for these directors, as “persons with a flair for business, who understand difficult accounting and legal issues and who can both question and evaluate the work of auditor and how to grade essays management”. Hence, if the audit committee is to be relied upon to able to perform its task well and bolster independence there is model myth essay a need for more trained directors in Singapore. Where auditor rotation is concerned, as Carcello and Nagy (2004) show, there is no clear evidence that long audit tenures increase the likelihood of fraudulent report. The General Accounting office concurs stating, “Mandatory firm rotation may not be the how to grade most efficient way to strengthen independence” . Hence having examined some of the pay to do my paper methods, there still exists no clear answer on how best to ensure independence, a result which stems from the quandary that we began with; There is simply no way to know for sure the hearts of man. Real independence which is a state of how to grade mind remains the critical factor in whether the profession will be able to topics, sustain its relevance to the capital markets.
While the regulations as recommended may have the short term effect of bolstering perceived auditor independence and the image of the auditors, it is real independence which will make of break it. Without this, the essays most elaborate of rules will collapse. Do My! Trust which lies at the heart of the auditor client relationship is a fragile creature that is deadly when betrayed. By fate or by design, auditors have become the custodians of this trust and it is beholden on all in the profession to uphold it. Thank you very much, it was very great essay.
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15 things we learned about twenty one pilots today. April 24 2015, 1:33 PM EDT By Matt Crane. While promoting their upcoming fourth studio album, Blurryface , twenty one pilots engaged in a Reddit AMA with fans todayand we learned a whole bunch of how to new stuff about the duo. From Chipotle preferences to the meaning behind their red armbands, read some of the essay closing best responses from vocalist Tyler Joseph (TJ) and Josh Dun (JD) below. 1. We learned what their favorite new tracks on Blurryface are. JD: Mine is The Judge. Or Lane Boy. Essays. TJ: I would say there#39;s a difference in my favorite song to play live versus favorite song to listen to.
I think my favorite song to play would be Lane Boy, my favorite song to listen to would be Goner. 2. History Papers. We learned how they like their Chipotle burritos. TJ: Oh, pfffbbt! We rotate between bowls burritos. JD: I#39;ve been getting tacos lately.
TJ: Don#39;t say that! JD: Black beans. Essays. chicken AND steak. all of the meat. usually a little hot salsa, corn, cheese, lettuce, sour cream. TJ: Okay, I#39;ll go with my burrito. I do go with white rice on the burrito. I do half chicken, half sofritas. Because the sofritas gives you a flavor that no other meat option will give you.
Then no beans. I go with the pico. Brunei Competition. Extra sour cream. Cheese and lettuce. Grade. You#39;re welcome. 3. How their faith influences their music. Writing. TJ: It#39;s never been Josh I#39;s goal to how to essays stand up on model minority myth essay, a stage with a microphone and tell people what to grade essays believe. That being said, what I do believe is very important to me, and absolutely is going to always be present whenever i create something, whenever I#39;m working through something. I think what someone believes can define them, even if it#39;s that they don#39;t believe anything, and for me and my faith, it will always be a big part of my music, whether it#39;s directly or indirectly. Essay Closing. 4. The best concert moment they’ve ever had.
TJ: We#39;ve had a lot of how to grade weird moments. Scientific Racism. I had to stop a show one time because I saw a guy punch a girl, so we all collectively all kicked him out of the essays show. Festivals are fun, cuz you see all kinds of crazy things in minority myth essay the crowd. I remember one time in particular, no one was really watching us onstage, and I don#39;t blame them, because a guy in a gingerbread man costume was being crowd-surfed to the front. JD: When Tyler knocked Tyler#39;s piano over by jumping over grade it. TJ: Say a bunch of times.
JD: Because you#39;re punk rock. I never really get anxiety about creative, Tyler climbing on things, until I watched GoPro footage after a show, and for how to, the first time, I was nervous for my bro. 5. Pay To Do My Paper. How they feel when they get the how to whole “your music saved my life” speech. TJ: There are artists that I am fans of that have helped me through a lot. And because I know what that feels like, to be on essay closing, the receiving end of something that someone created, I understand the weight and the importance and the honor in someone saying that our music has helped them in that same way. How To Essays. There#39;s nothing more important in creative writing association our career than hearing that. JD: I feel a heavy responsibility to continue not only creating or playing music, but also working on grade, my own life, and trying to be a person that#39;s worthy of somebody looking up to, I guess. 6. Their favorite video games. TJ: Super Smash Brothers Melee for scientific essay, the Gamecube. How To Grade Essays. number one game of all time.
MarioKart 64. JD: I don#39;t really game, so. Brunei Competition. I did play Zelda for how to grade essays, 64, both of #39;em. Metal Gear Solid. Tony Hawk games. TJ: WCW versus NWO for 64. JD: Lester The Unlikely for Super Nintendo. That game was SO fun.
TJ: Donkey Kong Country for Super Nintendo. Donkey Kong Country 2 and 3. JD: Bomberman for Super Nintendo. TJ: Dude, I love Frogger. 7. What type of hair dye Josh uses. TJ: He hasn#39;t found a good brand either, because all of the towels that he uses end up red! JD: I do it myself. I think it#39;s called Splat. And it#39;s like $12 for a whole entire box of stuff. TJ: Splat? Sounds like an do my, ol#39; Nickelodeon.
8. Do they miss playing smaller venues? TJ: Yes, absolutely. I think smaller venues - it#39;s more of a controlled environment where Josh and how to essays I can address the crowd better, talk to them, even take questions. We used to do that a lot with smaller crowds. JD: I#39;d say that every band wants to get to a point where they#39;re playing large venues, but as we do that more and pay to do my more, I realize how much I miss the personality of small rooms, and more of a connection with the grade people in them. 9. The meaning behind the red armbands they wear. TJ: The more and essay more I got to know the essays character Blurryface, the more I realized that the brunei color blue was not a part of who he was. And because of that, red represents him on this record.
10. Essays. The meaning behind the essay closing Blurryface cover. TJ: There are so many layers- both literally and in the meaning of the album cover - that are so important to how to essays Josh I. Essay Closing. We#39;ve worked very hard on it. We can#39;t wait for you guys to discover it once you get your hands on it. But every element was very thought-through, and very intentional.
11. What artists they are currently listening to. JD: I like the Skrillex and Diplo album. TJ: I always listen to whatever Death Cab for Cutie puts out. JD: Cashmere Cat. How To Essays. TJ: I#39;m going to say Sigur Ros. Creative. JD: I#39;ve been listening to Kishi Bashi. Essays. I#39;ve been listening to brunei competition a lot of electronic music. Oh, Madeon!
12. “Would you rather fight 1 horse-sized duck, or 100 duck-sized horses?!” JD: We#39;ve asked this question a lot. TJ: I#39;m going to go with 100 duck-sized horses. I feel like you could just kick them across a field. I imagine a lot of how to grade showdowns going on. JD: I#39;ll go with the for research opposite. Because all I have to do is feed it some bread, haahhaaha! 13. They’ve bumped into fans in the bathroom. TJ: Um.
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Duty of essays, care and medical negligence. Tel: +44 114 243 4343. Daniele Bryden, FRCA LLB (Hons) MML, Ian Storey, LLB (Hons); Duty of care and medical negligence, Continuing Education in Anaesthesia Critical Care Pain , Volume 11, Issue 4, 1 August 2011, Pages 124–127, https://doi.org/10.1093/bjaceaccp/mkr016. Download citation file: © 2017 Oxford University Press. Negligence arising from medical acts may result in a civil action by the injured party (claimant) or a criminal prosecution by the state. Medical negligence is proved if all components of the scientific essay three-part test are established on the balance of probabilities (civil suit) or beyond reasonable doubt (criminal prosecution). The three-part test establishes that the doctor owed a duty of care to the patient, the duty of care was breached, and as a direct result of the breach the patient suffered harm. Successful civil actions result in monetary compensation to the injured party or dependents which may be paid by the employing trust or the doctor's defence organization. Successful criminal prosecutions may result in a custodial sentence for the doctor and an additional GMC fitness to practice hearing. Good record keeping and adherence to established practice guidelines are important as negligence cases may take many years to be resolved.
The Department of Health estimates that 10% of hospital inpatient admissions result in an adverse event, 1 but 2% of claims for medical negligence handled by the NHS Litigation Authority result in court action. 2 However, both the number of grade, claims for negligence and topics for research the sums involved in settlement are increasing and grade essays so it is important that anaesthetists understand the essay closing factors leading to a possible civil claim for negligence and the potentially considerably more serious charge of how to, criminal negligence, both of which can arise from failures to uphold a suitable standard of care. This article does not consider claims of negligence in relation to consent which has been considered in a separate article in the journal. The principle of ‘duty of essay closing, care’ was established by Donoghue v Stevenson in 1932 wherein Lord Atkin identified that there was a general duty to take reasonable care to avoid forseeable injury to a ‘neighbour’. 3 In this case, a woman in Paisley drank ginger beer from a bottle until she found a decomposing snail at the bottom. As a result the woman became ill and a case was brought against the ginger beer manufacturers for compensation. Lord Atkin determined that the company producing the ginger beer had been negligent in grade essays, failing to ensure the woman's safety during the production process, even though the essay closing ginger beer was not bought by the woman but by her friend.
It was established that a general duty of how to grade, care was owed to a neighbour; a neighbour was defined as ‘someone who may be reasonably contemplated as closely and directly affected by an act’. Scientific? In this case, it did not matter who had bought the ginger beer, since it was reasonable to consider that anyone who drank the beer would have suffered the same consequences and could therefore be considered under the ‘neighbour’ principle. Where a duty of care is breached, liability for negligence may arise. Medical negligence is part of a branch of law called tort (delict in Scotland) derived from the Latin verb ‘tortere’=to hurt. Grade Essays? The idea of hurt is an important consideration in establishing negligence, as the majority of tortious claims for medical negligence that do not succeed fail because they cannot establish that harm has occurred as a direct result of an essay closing, act or a failure to grade essays act. To determine negligence, a three-stage test must be satisfied. The procedure therefore relies on creative writing association, establishing fault on the part of the grade essays doctor, hospital, etc.
The person making the claim (the claimant) must establish on the balance of probabilities that negligence has occurred by the hospital or doctor (the defendant). Racism Essay? Compensation is paid in essays, order to return the claimant to the position they would theoretically have been if the harm had not occurred. A monetary value will attach not just to actual expenses incurred (to include a loss of earnings) but additionally to the loss of amenity experienced and the pain and suffering endured in consequence of the competition injury. There are also more philosophical objectives of promoting accountability and ensuring that those at fault are deterred from future acts of grade essays, carelessness by the need to pay compensation. Essay Closing? This deterrent effect is somewhat reduced by how to grade, a standard fee for professional indemnity for NHS-employed doctors unless the doctor is engaged in scientific racism essay, independent practice. The Clinical Negligence Scheme for Trusts (CNST) does include such a deterrent element, since the premiums payable by a Trust to indemnify its activities can be reduced by grade, having appropriate measures in place to brunei essay competition reduce the how to grade essays likelihood of essay closing, claims using a three-level rating system that takes account of the robustness of safety and governance processes in operation. Grade? 4. A person is owed a duty of care. A breach if that duty of care is established. As a direct result of that breach, legally recognized harm has been caused. The relationship between a doctor and a patient is a special one.
Most anaesthetists work in racism essay, a hospital environment and do not usually have patients directly admitted under their care. When a patient is admitted to hospital, a duty of care relationship is grade created, which can be applied to any doctor coming into contact with the patient not just the admitting team. Hence, it has been argued by medical law academics that any patient we come across in our professional environment is pay to do my owed a duty of care, not only by grade essays, the doctors the patient comes into contact with, but also by those who are employed by the Trust to deliver patient care. For example, a patient who has a cardiac arrest on a hospital corridor is owed a duty of care by any doctor who happens to be passing, and provision of assistance in such circumstances would probably be expected and would not be classed as a ‘good Samaritan’ act, however this academic view has not currently been tested in a British court environment to our knowledge. This is history topics established where a doctor's practice has failed to meet an appropriate standard.
The standard of the ‘reasonable man’ or the famous ‘man on the Clapham omnibus’ who is said to be an ordinary person placed in how to essays, the same circumstances is usually applied for most tort cases. However, where there has been a potential breach of professional duty, this is reinterpreted as that of the standard of comparable professional practice. Bolam v Friern Hospital Trust is the most well-known case in relation to this professional standard. 5 It concerned a patient who sustained fractures during ECT treatment and who alleged that care under anaesthesia had been negligent in part because he had not been given muscle relaxation for the procedure, and had not been restrained or warned of the risks of fracture. It was concluded, however, that negligence could not be established, as evidence was provided that at the time it was not universal practice to administer muscle relaxation, as contrasting opinions existed as to competition the benefits of muscle relaxation balanced against the increased risks of the relaxant. It was argued that if a doctor acted in grade essays, accordance with a practice that was considered acceptable by a responsible body of doctors that was sufficient and the claimant must show that no reasonable doctor acting in minority myth, the same circumstances would have acted in that way. The ‘Bolam standard’ (by which the alleged negligent practice is compared with that of a doctor's peers) is subject to criticism and heavily dependent on expert evidence for either side which may be in conflict; however, this is the same test as for other professional groups where negligence is under consideration (e.g. Grade Essays? engineers). It has been argued that the essay closing presence of a body of opinion that supports a doctor's actions is in favour of the medical profession, handing responsibility for determining negligence back on to those same professionals. Support from eminent professionals for a course of action arguably makes it easier to how to grade essays defend claims of a breach of duty.
The Bolam test is still frequently considered in cases of medical negligence, but it is not definitive, as subsequent cases have called in to doubt the idea that an acceptable standard of scientific essay, care is judged by doctors commenting on practice standards and that it may be part of the how to essays role of the court. ‘The court must be vigilant to see whether the reasons given for putting a patient at risk are valid … or whether they stem from a residual adherence to out of date ideas’. 6 Since the case of Bolitho, where a child with intermittent croup was not intubated by a paediatric registrar and subsequently suffered hypoxic brain injury from a respiratory arrest, it is possible for the court to decide that negligence has been proved even if a body of medical opinion suggests otherwise. 7 In Bolitho, it was accepted that failure by the paediatric registrar to attend to the child during an earlier episode of croup was negligent. Brunei Essay? However, it was argued that even if the registrar had attended, it would not have been appropriate to intubate the child at that point, and that therefore the final subsequent respiratory arrest and hypoxic brain injury sustained by the child could not have been prevented by earlier action. The judge reasoned that the how to grade essays argument that a failure to attend the child would not have made any difference to model myth essay the eventual outcome was inconclusive and asserted that on some occasions, differing bodies of medical opinion could be legitimately distinguished by how to grade essays, the court. ‘It is not enough for a defendant to for research papers call a number of doctors to say that what he had done or not done was in accord with accepted clinical practice. It is necessary for the judge to consider that evidence and grade [to] decide whether that clinical practice puts that patient unnecessarily at risk’. Bolitho, however, is model minority myth not universally applied and many judgements of negligence still rely on the principles of peer review outlined in Bolam, although the greater use of evidence-based medicine, and how to grade essays the extensive practice guidelines produced by bodies like NICE, now allows judges to have objective benchmarks of practice for comparison. It is less easy for doctors to rely on providing a supporting body of opinion as a defence for an alleged breach of essay closing, duty for practice that is contrary to recommendations and guidelines from how to grade, external agencies.
There is, however, an understanding that progress in medical knowledge takes some time to be disseminated and not every new change can be immediately put in to practice. In Crawford v Board of Governors of Charing Cross Hospital , a patient sustained a brachial plexus injury from being in one position for too long a time period. 8 An article describing such a complication had been published 6 months previously. However, the anaesthetist had not read this article and essay was not aware of grade essays, its implications and so was found not to have breached their duty of care to the patient. Moreover, errors of association, judgement do not automatically amount to breaches of grade essays, duty. They only essay closing, do so in circumstances where the doctor has not acted with a level of care that would be expected from a reasonably competent professional. For doctors in training, this is of particular relevance, as the standard is that expected of the doctor in the same grade of that specialty or in that unit.
There is an assumption, established in Nettleship v Weston where a learner driver lost control of a car, that there should be a public expectation of safety, and that doctors in training should be acting to the standard of the grade they are operating in. 9 There are therefore no concessions for a lack of grade, relevant experience, and a doctor in the first day of a new post is expected to work to the same standard of public safety as one who is on the last day of the post. Essay Competition? The difference in performance of the two relates to the degree by which the new doctor may be expected to consult and seek assistance to compensate for their relative lack of knowledge or skill and the degree to which they should expect to be supervised. We would argue that there is an expectation that supervisors allow trainees to do work only that they believe them to how to grade be capable of doing. The onus therefore is as much on the supervising department/consultant to reassure themselves of the trainee's abilities to do the case or procedure as it does for the trainee to consult (e.g. by departmental/consultant reviews of log books on rotation changes, etc.).
Establishing causation can be difficult, as it must be demonstrated that ‘but for’ the doctor's action/inaction harm would not have occurred. Anaesthetists rarely work alone and it can sometimes be difficult to pay to paper establish where the harm occurred in relation to an episode of medical care (e.g. paralysis after aortic aneurysm repair may be caused by the surgery or the provision of epidural analgesia). Unsurprisingly, claims for medical negligence most frequently fail due to an inability to establish causation as there are often a variety of how to essays, possible explanations for the outcome. However, if it can be shown that the breach materially contributed to the damage or it is essay more likely that the damage was due to negligence than another cause that is usually sufficient. Sometimes, in the absence of any other reasonable explanation for a phenomenon, the principle of ‘res ipsa loquitur’ (literally ‘the thing speaks for itself’) applies (e.g. the finding of a retained swab in the abdomen at laparotomy can only essays, be assumed to minority myth essay be due to its negligent loss during a previous laparotomy).
Such a situation would apply to procedures performed on how to essays, the wrong limb/side (e.g. brachial plexus block and essay closing if damage occurs from how to grade, that, then causation is assumed to be established unless the defendant can show that there is another reasonable explanation). If negligence occurs as a result of carelessness, then where the essay closing carelessness has been so severe that it is judged to be ‘gross’, the doctor may be subject to a charge of criminal negligence. Although the requirement to prove criminal negligence is a much higher one (i.e. beyond reasonable doubt, the sanctions are considerably greater and may include a custodial prison sentence for any doctor found guilty of such an offence). Essays? A doctor found guilty of criminal negligence is also likely to be subject to fitness to model minority myth essay practice procedures by the General Medical Council. Prosecutions for criminal negligence are rare, but the grade number of occasions when doctors are investigated by the police for writing a potential linkage to a charge of essays, manslaughter after a serious untoward event are increasing.
Conduct which goes beyond the level of civil negligence almost invariably involves the death of the patient but there are difficulties in writing association, establishing what actions constitute this. Extreme subjective recklessness such as indifference to an obvious risk to the patient or objective evidence of incompetence or ignorance may all satisfy the requirement. It is also of concern that recent prosecutions have generally been of doctors in training, where it is perhaps easier to how to grade essays establish a sufficient degree of incompetence. Ultimately, the decision rests with a jury as to writing association whether a doctor's action/inaction was so bad that it amounted to a crime. Grade Essays? R v Adomako concerned an anaesthetist who had failed to notice his patient was disconnected from the ventilator whilst the model myth essay patient was undergoing an how to grade, eye operation. The patient suffered a fatal cardiac arrest and the anaesthetist was convicted of manslaughter. It is for research papers not clear whether Dr Adomako was not in the theatre and had failed to how to grade make adequate arrangements to monitor the model minority myth patient in his absence or had been present and grade essays grossly incompetent in delivering the anaesthetic and failing to notice the racism disconnection as the cause of the patient's deterioration. However, the House of grade essays, Lords considered that either action was sufficient to uphold a conviction as consistent with a consideration that ‘the extent to which the defendant's conduct departed from the proper standard of care incumbent upon do my paper him, involving as it must have done a risk of death to the patient, was such that it should be judged criminal’.
10 It is sobering to consider that anaesthesia—a specialty associated with a significant risk of death from inadequate actions—could meet such considerations of negligence in how to, the way that other specialties may not. The civil procedure rules in England and Wales allow for writing association claims for medical negligence to be started within 3 years of the essays alleged negligence occurring or within 3 years of the victim becoming aware of possible negligence. This is of relevance to minors where the essay closing 3 years starts when the minor reaches the age of maturity (i.e. 18 years of age). Anaesthetists employed by the NHS and acting within the scope of essays, their employment will be indemnified by the CNST. This covers only services provided in NHS employment and not ‘good Samaritan acts’, private practice, or medico-legal activity. Medical defence organizations will provide cover for these activities and pay to also where appropriate for other independent practice activties (e.g. medical report writing). How To Essays? It is recognized that the deterrent effect on individual doctors of civil negligence claims is weak, although the process is stressful for the individuals involved and time consuming. In 2001, the National Audit Office identified that the average clinical negligence case took 5? years from essay, inception to conclusion and that 22% of outstanding cases related to how to grade essays events over 10 years previously. 11 Unsurprisingly the importance of comprehensive, contemporaneous anaesthetic records is paramount in being able to defend any claim. It is also noteworthy that in the Chief Medical Officer's 2003 consultation paper, ‘Making Amends’, many victims of do my paper, iatrogenic injury desire explanation, apology, and evidence of learning from any mistakes as major outcomes and they are not content with mere financial compensation.
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Download a Resume Template That Employers Will Love. Are your Resume and how to essays, online job search profiles not yielding you the results you need to find gainful employment and model minority myth essay, finally afford to pay your bills? No doubt about how to grade, it; it’s tougher to find a job now than it’s been in decades. That doesn’t mean, however, that you can’t give yourself every fighting chance of snagging the next available job. While there is plenty to be said for effective interviewee skills, the absolute most important step for getting hired is writing a winning Curriculum Vitae. Without a highly attractive C.V, you’re just one of dozens or more applicants that begin to brunei blend together after a while. You want your most relevant skills and experience to jump off the page and grab the attention of the how to grade essays, person responsible for reviewing the group of CVs in which yours is stacked or filed online.
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Understand What Makes a Great Resume. Many job applicants are under a misconception that a great Curriculum Vitae means fluffing up terms, adding lots of jobs and experience, listing as many skills as possible, and engaging in other overkill tactics. Excessive and irrelevant information only clutters the essay, page and makes it more difficult to find the skills and information for which your prospective employer is searching. The best resumes are those that are concise and specific to how to grade essays the job being sought. As such, a separate resume should be used for each job if the pay to do my paper, required skills, education, and experience are different. At the end of how to, this article, we will review a few time saving tips building each specific Curriculum Vitae.
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As a final step, ask someone, who you trust will do a decent job, to proofread your cover letter. Now, you have a well-written cover letter that will hopefully lead a potential employer to read your resume and ultimately invite you to an interview. Creative Writing. The rest is up to how to grade you! How to prepare for a winning job interview. In a competitive market for available jobs, potential candidates should put in the necessary time and scientific, effort to make a solid impact. You must simply accept that it’s a buyer’s market, the buyer, in this case is the organization. How To Grade Essays. Your first job as the do my, seller is to sell yourself.
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Find someone who you can practice with until it comes out natural. Landing an offer in a tough economy requires considerable effort. If you can demonstrate you can make an impact in your interview, your name will rise to the top of the pack. Copyright Curriculum-Vitae.In 2013 - Contact : webmaster curriculum-vitae.in. All the Curriculum Vitae templates are at scientific racism essay your disposal without any guaranty.
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