Christianity, Buddhism, And Hinduism Essay - 2530 Words

All throughout history animals have played a significant role in world religions. They have been a part of religion both as symbols and gods in religions such as Hinduism, Christianity, Buddhism, and Judaism, and as sacrifices, primarily in Islam and Hinduism. Throughout the years the role of animals has shifted, moving away from animals being used primarily for sacrifice to having a more prominent role as symbols, and while animals still hold prominence as sacrifices and as symbols in many modern day religions, their role as sacrifices has diminished far more than their role as symbols in modern worship. In Catholicism animal sacrifice has never been very prevalent and has only lost whatever little influence it had in modern day as things like animal rights have become more socially important. It was never highly prevalent due to the fact that Jesus’s death represented a large-scale animal sacrifice to many, and sacrifice was rarely mentioned in the new testament of the bible. Animal symbols, however, are highly prevalent in Catholicism, ranging from the more obvious, like the dove and lamb, to the lesser known, such as the peacock and elephant, though they are less prominent symbols. One of the most important symbols to catholics, as well as a part of the reason that Jesus’s death can be seen as an animal sacrifice, is the symbol of the lamb. The lamb symbolizes Jesus Christ, as well as the followers of Catholicism (Christian Symbols, n.d.). It is meant to representShow MoreRelatedChristianity, Hinduism, Buddhism, And Hinduism1173 Words   |  5 Pagesis true. The fol lowing religions are: Christianity, Islam, Judaism, Buddhism, and Hinduism. These religions cover up more than half of world’s people and the reason why people are conforming every day is because each and every one of them has extraordinary stories that’ll take your breath away. As much as I want to talk about the five religions listed earlier, I only want to give you a chance to gain more knowledge on Islam and Buddhism. Islam and Buddhism both have similarities and differencesRead MoreChristianity, Hinduism, Buddhism, And Judaism1644 Words   |  7 Pages The following religions Christianity, Islam, Hinduism, Buddhism and Judaism are among the top religions when evaluating the number of followers they encompass worldwide (Henderson, 2005, p.1). Through assessing these major belief systems and their views, diversity between them is apparent. These multiplicities range from Hindus who acknowledge multitudes of gods to Muslims who believe in one God, Allah. Although the variety of beliefs and practices exist their remains some central concepts suchRead MoreChristianity, Judaism, Hinduism, And Buddhism966 Words   |  4 PagesReligion is a set of beliefs concerning the cause, nature, and purpose of the universe. In today’s society there are many religious lifestyles people stand by. Popular ones consist of Christianity, Hinduism, Judaism, Islam, and Buddhism. When looking at Christianity and Buddhism it is easy to identify some major differences. For instance, both the religions were started and founded by different people and i n dissimilar ways. A second one would be what they believe in; number of deities, and whatRead MoreHinduism, Buddhism, Christianity, And Islam2109 Words   |  9 Pagesit something completely different? There are various different religious views held on death by Hinduism, Buddhism, Christianity and Islam. There are also non-religious worldviews about death by postmodernists. One lives his life based on what they perceive will befall them after death. Therefore, the way one lives their life is controlled by what they believe will happen after their death. Hinduism is one of the world’s oldest religions and is still around today, being the third largest religionRead MoreChristianity, Islam, Hinduism And Buddhism1206 Words   |  5 PagesOut these many faiths, the most followed and practiced ones are Christianity, Islam, Hinduism and Buddhism. Being the most practiced religion Christianity has over two billion followers. At second, Islam has over one billion adherents. Hinduism has about nine hundred million followers and Buddhism has about four hundred million followers. Soon after are Sikhism, Judaism and Baha’ism. Like most of the other religion, Christianity has a God. Christians believe that Jesus is the Son of God, and wasRead MoreChristianity, Islam, Buddhism, And Hinduism2587 Words   |  11 PagesMany religions are practiced throughout the world. The most common ones are l Christianity, Judaism, Islam, Buddhism, and Hinduism. Each of these have their own views, preachers and followers. Every religion is independently known because of its distinguishing holy being and god to be worshipped. Religions give their followers the particular strategies and rules in which to lead their lives. These rules and strategies give the distinctive identity to the followers of the particular religion. TheRead MoreChristianity, Islam, Hinduism, And Buddhism Essay2361 Words   |  10 Pagesprovide morals to help stop injustices that comes from the capitalistic society that ushers globalization to every corner of the earth. He also states that globalization is mutually beneficial to the global religions s uch as Christianity, Judaism, Islam, Hinduism, and Buddhism because it â€Å"can help free world religions from troubling alliances with particular communal identity and politics and nudge them to rediscover their genuine universality.† For Volf, these religious practices â€Å"are not ‘by nature’Read MoreIslam, Hinduism, Buddhism And Christianity Comparison1025 Words   |  5 PagesPractices of Hinduism, Islam, Hinduism, Buddhism and Christianity Comparison Hinduism, Islam, Hinduism, Buddhism and Christianity developed centuries ago and have been practiced since then to today. Groups of people who practice these religions are bound to the conventional norms, beliefs, cultures and way of life of each. Each religion has a particular faith in a supreme being (Woodhead, Partridge Kawanami, 2016). Muslims believe in Allah, Christians believe in Jesus Christ, Hindus believe inRead MoreChristianity, Confucianism, Buddhism, Hinduism, And Islam2580 Words   |  11 Pages 1. Describe, compare and contrast the concept of â€Å"self† in Hinduism, Buddhism, Confucianism, Taoism, Judaism, Christianity, and Islam. Please state the views of each tradition fully and clearly. In life, one will undertake a spiritual journey in which you will uncover the meaning of the self. Many religions, including Hinduism, Confucianism and monotheistic religions, have developed philosophies placing importance of the â€Å"self.† Emphasis on morality, virtues, honest contribute to the developmentRead MoreThe Nature of Ethics in Hinduism, Christianity, and Buddhism Essay1360 Words   |  6 PagesThe Nature of Ethics in Hinduism, Christianity, and Buddhism When asking the question about the nature of ethics, it is hard to explain where they came from because not everyone has the same views or religions. Since religions have different standards, there are different sources to them and different reasons for why people should follow them. When trying to find answers to questions about the nature of ethics, it is impossible to know which religions view is correct. This paper will

Human Trafficking Is Not A New Phenomenon - 2236 Words

Many human rights have been established around the world in order to protect each individual and give them their rights as long as they apply justice and respect the laws. Unfortunately, violating of human rights is still done internationally and secretly. The worst part about this issue is that big profits are made from cruel acts done with mostly innocent individuals. Human trafficking is not a new phenomenon. It has been occurring around the globe for centuries. (Davidson 2010) Nowadays, with the advancement of computer technology, social media, it is really easy to trick someone by taking their precious and private information and take them away from their friends, family and everyday lifestyle. From then, it becomes an absolute nightmare in many possible ways. Either the victim is used for sex, organ stealing or harvesting, slavery, poverty, exploitation in the labor world (working without being paid), illegal scientific experiments, to force joining gang members, and many other possible reasons. (Davidson 2010) Sadly, most of them do not survive. For those who do, years of therapy, family and peer support as well as time are the only ways victims can fully return to their everyday life and habits. The purpose of this research is to explore the subject of human trafficking in geographical and sociological perspectives. Human trafficking, in the social world, is a big subject that has many various branches. One of them consists of the ways predators seek, attract andShow MoreRelatedHuman Trafficking Is A Serious Crime And An Unrefined Violation Of Human Rights1578 Words   |  7 PagesTrafficking in human beings is a serious crime and an unrefined violation of human rights. It is often linked to organized crime and is one of the most profitable criminal activities worldwide (Access to European Union Law, 2014). There are many different forms of human trafficking, and they progress with changing socioeconomic circumstances. It targets women and men, girls and boys in vulnerable positions (Trafficking in Human Beings, 2013). The International Labor Organization in June of 2012 coveringRead MoreHuman Trafficking Is A Global Phenomenon902 Words   |  4 PagesIn a world with a little over 6 billion people, 27 million of them suffer from the injustice of human trafficking. Freedom. It s the thing we as all human being s strive for in life. The one thing we should all be promised when put into this world. To think that slavery is something that is over and done with would be an ignorant statement. Slavery is still happening at this very moment, just under our noses. When we think of slavery we recall the African American slave trade that had presumablyRead MoreHuman Trafficking Is A Form Of Modern Day Slavery1262 Words   |  6 PagesHuman trafficking is a form of modern day slavery that supplies human beings for prostitution, sweatshop labor, domestic work, marriage, agricultural work, armed conflicts (child soldiers), and other forms of labor or services (Advances in Human Resources). Many people think this is a problem only foreign countries have to face. The reality is that human trafficking occurs in every country. In fact, the United States is one of the top ten destinations for human trafficking operations – there haveRead MoreThe Manifestations Of Organized Crime Among Roma1262 Words   |  6 Pageswhich leads us to think about a cause of insecurity in today s society - we will make a general analysis of the phenomenon followed by concrete specifications with an emphasis on the ethnicity mentioned above. I. Introduction Talking about the concept of organized crime is closely related to the existence of, besides the legal phenomenon itself and the existence of a sociological phenomenon of organized crime. It is not easy to quantify any of the two phenomena and, in particular, to be defined becauseRead MoreThe Problem Of Human Trafficking883 Words   |  4 Pagesinterest in ending human trafficking, a complex and multi-faceted phenomenon, has been slow and selective. The inner reason for the poor success is the prevailing conception of the problem. 2. This paper argues that the limited success in fighting human trafficking is to a large extent the result of framing the existing debate of human trafficking as predominantly a matter of prevention and protection rather than addressing the global market conditions within which human trafficking thrives . UnlikeRead MoreInternational Law And Regional Initiatives For Combating Human Trafficking Essay1624 Words   |  7 PagesInternational Law and Regional Initiatives for Combating Human Trafficking in South Asia By Mahmudul Hasan For last few months our attention has been fixed at newspaper headlines that read the news about human trafficking from South Asia distained to Southeast Asian countries–especially to Malaysia and Thailand–through the sea. Evidently, most of the identified trafficked victims, for last few months, are Rohingya Muslims–who are persecuted from their own country, Myanmar–and rests of them are BangladeshiRead MoreThe Trafficking of Women1516 Words   |  7 PagesThe Trafficking of Women The trafficking of women and girls for the purpose of prostitution is big business. It has been and still is one of the biggest industries worldwide. These unfortunate women and girls do not lead normal lives, but rather they are bought and sold as commodities. They also usually have no control over their lives and live in conditions of extreme poverty and abuse. Trafficking, debt bondage, forced labor, and other abuse is suffered by women all over the world and it isRead MoreThe Nature And Scope Of Human Trafficking964 Words   |  4 PagesD’Andre Lampkin once said, â€Å"in this great land of the free we call it human trafficking. And so long as we don’t partake in the luxury, ignoring slavery is of no consequence. It is much easier to look away and ignore the victims. The person who ignores slavery justifies it by quickly deducting the victim is a willing participant hampered by misfortune.† There is much discussion on the subject of modern-day slavery, or human trafficking, which has increased through media and national attention. HoweverRead MoreHuman Trafficking And The Modern Day Slavery Essay1006 Words   |  5 Pagesdiscuss the globalization in human trafficking. The study examines the impact of economic globalization on the human trafficking inflows around the world. This paper will begin by providing the definition of what human trafficking and globalization is, and how it works within the context of law enforcement. The history of human trafficking and how human trafficking is effecting societies across the world. This paper will examine supply and demand of human trafficking. Furthermore, this paper willRead MoreHuman Trafficking in Our Own Backyard726 Words   |  3 PagesHuman trafficking is an important problem in world politics that is not currently receiving the attention that it should. This is a terrible practice that involves the exploitation of workers, violation of human rights, and the encroachment onto the body when human trafficking turns sexual. Human trafficking is a huge issue that much is still unknown about. When we think of this practice we often think of the issue that only occurs overseas in poverty-stricken nations however this practice is very

Change of Position Defence Free Essays

string(60) " receipt of the money from the plaintiff was such evidence\." The defendant may claim the defence of change of position. Whether the defendant can successfully establish this defence depends of whether he can prove that his position is so changed that he will suffer an injustice if called upon to repay or repay in full (Lipkin Gorman v Karpnale) * In order to prove a change of position defence, first there must be an adverse change of position by the recipient in good faith and in reliance on the payment (New Zealand Banking Group v Westpac Banking Corporation) * The current position in Australia with regard to the availability of the defence is that the defendant must have (1) changed their position (2) irreversibly (3) in reliance on its receipt (4) in good faith (Australian Financial Services)(1) CHANGE THEIR POSITION / SUFFER DETRIMENT * The defendant must first be able to prove a change in the relative net assets of the defendant which shows that the defendant has acted to his detriment on the faith of the payments received from the plaint iff. In other words, the change must involve a net loss. We will write a custom essay sample on Change of Position Defence or any similar topic only for you Order Now FACTUAL GAIN BUT NET LOSS * Even where a woman who had purchased new furniture and had got rid of her old furniture on reliance on her receipt, where the court accepted that she was factually enriched by her receipt since her net assets were worth more than what she had before, the change of position defence would nevertheless apply since if she was required to make restitution, she would be left with a net loss. * The mere fact that she continues to benefit from the money does not defeat the defence of change of circumstances. The furniture acquisitions represent replacement of items the plaintiff had in her possession when she would not have replaced the items except for the error. The expenditures were not to meet ordinary expenses or pay existing debts. (RBC Dominion Securities v Hills Industries)IS SPENDING ON ORDINARY LIVING EXPENSES CHANGING YOUR POSITION? In general, expenditure on ordinary living expenses will not be regarded as a detriment or that the defendant changed his position because the defendant has to prove that he acted differently from how he would have ordinarily acted on the faith of the belief that the benefit conferred by the plaintiff was the defendant’s to spend (Australian Financial Services amp; Leasing v Hills Industries) * However, a defendant is not precluded from relying on the defence of change of position merely because she has spent the money on ordinary living expenses, provided the expenditure is a substantial detriment stemming from her reliance on receipt of the payment. The defence can apply where the defendant does not simply spend the money on such expenses but applies for and is denied benefits to which she is entitled as a result of her receipt (TRA Global Pty Ltd v Kebakoska) In that case, the respondent had been made redundant by her employer who told her she was entitled to a redundancy payment equivalent to 12 weeks pay on severance and accordingly paid her the sum. She in fact had no such legal entitlement. She subsequently applied for unemployment benefits from Centrelink but was denied them because she had declared receipt of the redundancy money. She was forced to used the bulk of the redundancy money to pay living expenses until she found work eight months later. When the appellant employer sought restitution of the payment on grounds of mistake, the court held that the plaintiff had a defence of change of position despite having spent the money on ordinary living expenses since the expenditure is a substantial detriment stemming from her reliance on receipt of the payment and was denied benefits to which she was entitled as a result of her receipt. DISCHARGING AN EXISTING DEBT * It is not a detriment to pay off a debt which will have to be paid of sooner or later (RBC Dominion Securities v Dawson) In that case Mr Dawson had a Visa debt which he liquidated in a manner he would not have otherwise done had it not been for the mistake on the part of the appellant to overpay him. However, since the Visa debt and those to family members was incurred prior to the mistake, it would have been paid in any event and cannot be said to be to Mr Dawson’s detriment because the payment would be a payment of a debt already owed. (2) IRREVERSIBLY * The second element is that actual, non-speculative and irreversible detriment (Australian Financial Services amp; Leasing v Hills Industries) The nature of the change must be such that it cannot now be undone such as money received which has been irretrievably paid away or incurring unconditional contractual obligation as a result of receipt. In Australian Financial Services, the plaintiff fina nce company was duped by a fraudster and two of his companies into advancing money to several legitimate businesses including that of the second defendant to whom the fraudster and his companies owed money so as to discharge their debts. The plaintiff was led to believe that the purpose of the money being advanced to the defendants was to finance the purchase of equipment they were supplying to the first company when the equipment never existed. Each of the defendants was accustomed to receiving payments for their equipment from finance companies so they were not immediately suspicious of receiving money from the plaintiff. The plaintiff then claiming unjust enrichment against the defendants on the ground that it had made payments under the mistaken belief that the invoices made by the fraudster to the plaintiff, purporting to be from each of the defendants, were genuine and that it would obtain title to the equipment named in the invoices. * In this case, the court held for the defence of change of position to succeed that there must be evidence of an irreversible detriment. The second defendant having foregone default judgments already obtained against one of the fraudster’s companies was in reliance on receipt of the money from the plaintiff was such evidence. You read "Change of Position Defence" in category "Papers" * In TRA Global Pty Ltd v Kebakoska, the detriment to the plaintiff such that she was denied benefits to which she was entitled to stemming from her reliance on receipt of the payment was irreversible. In RBC v Dawson, the fact that the purchased new furniture and had got rid of her old furniture on reliance on her receipt would have caused her in the circumstances a loss that is unjust for her to bear and which is not easily reversible. * Thus it seems that the defendant must show at the very least, significant hurdles to getting the money back. (3) In reliance on the receipt/on the faith of receipt * This third element shows that there must be a causal correlation between the detriment suffered and the receipt of the payment. A BUT-FOR TEST IN UK * The mere fact that the recipient may have suffered some misfortune is not a defence unless the misfortune is linked at least on a but-for test with the mistaken receipt (Scottish equitable) There a variety of conscious decisions which may be made by the recipient in reliance on the overpayment. A CAUSAL CONNECTION IS SUFFICIENT IN AUSTRALIA – ONE CAUSE * In Co-Buchong v Citigroup Pty Ltd, it was held that for the purposes of a change of position defence, a payment is made ‘on the faith of the receipt’ if it is causally linked to the receipt. This requires that the payment would not have been made unless the receipt has been recognised as valid. There is no further requirement that the information upon which the payer was acting be such that, if it were true, the payer would have been entitled to pay the money away in the way that id did. * In this case, Citibank had received instructions purporting to be from the plaintiff to transfer 500,000 from his account to a second account in his name at the NAB. Citibank examined the instruction and determined that it was genuine and paid. NAB then received similar instructions to pay the money away to various overseas bank accounts. Here the instructions were all forgeries perpetrated by an unknown third party. Citibank claimed restitution of its payment to NAB on grounds of mistake. The issue was whether NAB was entitled to a defence of change of position and whether those payments had to various overseas bank accounts had been made ‘on the faith of its receipt’ of the money from Citibank. It was held that NAB did make those payments on the faith of its receipt and all that was required was a causal link between the payment and the receipt. The fact that a third party fraudster had instructed the bank to make out the payments should not necessarily negate the causal connection between the receipt and its payment so as to defeat the defence (rejecting State Bank v Swiss Bank Corporation) * In such a case, the bank’s good faith receipt may still be a cause of a change of position even if it was not the only cause and this should be enough. * This follows the reasoning in the NSWCA case of Perpetual Trustees Australia Ltd v Heperu. Perpetual had paid away sums to Mrs Cincotta funds represented by the units credited on the faith of the receipt of payments by the respondent who had been induced by fraud to do so. The respondents submitted that Perpetual had not proven that the payments of funds out of the account were made on the faith of the receipt because it paid out the funds represented by the account on the faith of what it was told to do by Mr Cincotta in the original forgery of Mrs Cincotta’s signature at the opening of account and in telephone redemptions. * This was construed to be far too narrow an analysis of what is meant by â€Å"on the faith of the receipt†. Payments on the faith of the receipt meant that they would not have been made unless the receipts had been recognised as valid. Just because there was the element of dishonesty of Mr Cincotta which also was the occasion for the withdrawal of funds, this did not negate the causal connection between the receipt and the payments. The change of position remain causally linked to the receipt. Thus while the test seems to involve a causation element, this is not a but for test but rather that the payments of the mon ey were caused or linked to the receipt of payments from the plaintiff. ANTICIPATORY EXPENDITURE – DOES IT COUNT? * Can a defendant be said to rely on the faith the receipt when there is anticipatory expenditure on the part of the defendant? * Can reliance be understood as something other than an essentially causal concept where the effect of the defendant’s expenditure follows the cause which is the defendant’s receipt of the enrichment? Or does it mean that the defendant can be said to have acted on the faith of the receipt where it had a reasonable expectation of receipt? * In the case of Dextra Bank, Dextra Bank drew a cheque on its bankers, Royal Bank of Canada in favour of the Bank of Jamaica. Dextra drew its cheque intending to lend the sum specified to the Bank of Jamaica against the security of a promissory note executed by the Bank of Jamaica. The Bank of Jamaica intended to buy the specified sum of US dollars in exchange for the equivalent in Jamaican dollars which it paid to individuals understood to be nominated by Dextra. Dextra sued BOJ for restitution of the moneys paid. BOJ claimed that it had the defence of change of position. However Dextra argued that BOJ was relying on actions performed by BOJ before it received the benefit from Dextra and this amounted to anticipatory reliance which could not amount to a change of position. The issue was thus whether anticipatory reliance on the plaintiff’s payment can amount to expenditure on the faith of the benefit of the payment and thus whether an effective change of position defence can be made out. * It was held that it is no less inequitable to require a defendant to make restitution in full when he has bona fide changes his position in the expectation of receiving a benefit which he in fact receives, than it is when he has done so after having received the benefit. The court thus held that there should be no effect on the availability of the change of position defence whether the payment is made when the benefit is received or on a reasonable expectation that it is to be received. Anticipatory expenditure can be recognised as payments made on the faith of the benefit of the receipt. This was also recognised in South Tyneside v Svenska Internation where the court held that it does not follow that the defence of change of position can never succeed where the alleged change occurs before the receipt of money, as seen from the facts of Lipkin Gorman where the defence succeeded despite the winning being paid out before getting other gambling bets in. * In Commerzbank, the court held that the relevant question in whether the change of position defence would succeed was whether his decision to change his position was caused or contributed to by the receipt of the payment. The crucial point the courts have emphasised is the causal relationship between the detriment and the receipt and not the strict when the detriment and the receipt or occurred. 4) In good faith * The defence is not open to a recipient who had changed his position in bad faith as where the defendant has paid away the money with knowledge of the facts entitling the plaintiff to restitution (Lipkin Gorman) * What is crucial to the good faith element is whether the payee had actual knowledge of all the facts constituting the wrongdoing or else had knowledge of such facts as would reasonably raise a suspicion of wrongdoing so that the payee was put on enquiry (Mercedes-Benz v National Mutual Royal Savings Bank Ltd) * Does a person act in good faith unless he acts dishonestly? (Niru) * NO. A person can act in bad faith where the recipient knows that the payer had paid the money to him as result of a mistake of fact or mistake of law and it will in generally be unconscionable or inequitable to refuse restitution. Just because he is not guilty of dishonesty does not ma ke him innocent. Will knowledge of the mistake bar the defence? * Waitaki- mere knowledge of the fact that the money is not due probably doesn’t bar the defence if d acts reasonably: d knew that the money was not its money to keep and in fact put the money on deposit, ready to repay. D was allowed the defence (albeit partially) when the money was lost through the collapse of the company with whom the sum had been deposited, even though it knew about the mistake when it put the money on deposit. * Lipkin Gorman: In cases where the payee had grounds for believing that the payment may have been made by mistake but cannot be sure, good faith may well dictate that an enquiry be made of the payer. The nature and extent of the enquiry called will of course depend on the circumstances of the case but I do not think that a person who has good reason to believe that the payment was made by mistake will often be found to have acted in good faith if he pays the money away without first making enquiries of the person from whom he received it. * English courts to date appear generally more relaxed about defendant fault, although they have tended to be thinking about fault with regard to the initial receipt of the money (â€Å"should defendant have known about the error†? ), as opposed to fault with regard to what is then done with it. * Whether fault is relevant to good faith? * In both Dextra and Niru, the CA aid that the defendant will only be denied the defence if he was in bad faith when paying away the money * The way the CA in Niru defines bad faith actually comes quite close to a negligence standard – acting in a â€Å"commercially unacceptable way† or with â€Å"sharp practice falling short of outright dishonesty†. If negligence in not realising the mistake is insufficient to bar the defence, then it seems unlikely that negligence in a decision about how to dispose of the money will be. Also, it would seem strange if a good faith payment to charity could give rise to the defence, but a good faith (but negligent) investment couldn’t? * A different approach is taken in NZ . In Waitaki, fault is relevant. The facts are that the defendant received 50,000. He takes the money and puts it into an investment with the finance company which eventually goes under. The bank then realises they paid him the money under mistake and sue him. * The defendant had relied on the receipt because the bank had forced him to take it. However he had never thought it was valid. The court held that the defendant had partly been at fault in the ultimate loss of the enrichment because he had chosen an insecure investment. Where defendant failed to obtain sufficient security for a risky investment, he had defence reduced by 10%. This introduces the uncertainties of the â€Å"contributory negligence† model of COP, which requires a relative balancing of the fault of p and d in proportioning the amount repayable. The approach was expressly rejected in Dextra as being â€Å"hopelessly unstable†. DEFENDANT WHO ILLEGALLY CHANGES HIS POSITION AS A WRONGDOER * Recently suggested that a defendant who changes position illegally is a ‘wrongdoer’ cannot invoke the defence (Barros Mattos) * The recent case of Barros Mattos now indicates this is highly likely to be the case. In reaching this conclusion, Laddie J drew support from Lord Goff’s ‘wrongdoer’ limitation in Lipkin Gorman: this indicates that defendant can be disqualified from the defence either because of his knowledge of the claimant’s rights before changing his position, or because the change of position itself is â€Å"wrongful†. * Should this affect civil wrongs? This result does not specifically affect restitution for wrongs, since civil wrongs are not considered illegal as such. Despite the concept of ‘illegality’ by its very nature being hard to define, it is clear from both Tinsley v Milligan [1994] 1 AC 340 and Nelson v Nelson (1995) 184 CLR 538 that it relates to claims which would run seriously counter to public policy. In Lipkin, Goff suggested that COP should not be open to wrongdoers, but it is not clear that he was referring to those guilty of an innocent breach of duty. DEFENDANT WHO INDUCES THE MISTAKEN PAYMENT IN THE FIRST PLACE * Deliberate: No defence- Goff in Lipkin Gorman- defendant will be in bad faith and bad faith precludes reference to the defence. Note that it is assumed in Niru that dishonesty is sufficient to amount to bad faith, even if it is not always necessary. It is clear from Niru that dishonesty amounts to bad faith, even if defendant can sometimes be in bad faith even where there is no actual dishonesty. * Negligent: No clear authority on this. Defence probably still available, but not if it amounts to â€Å"bad faith† as defined recently in Niru. There, defendant was denied defence on the basis that it had documents in its hands which were forgeries, which it ought to have realised might be forgeries and into which it had failed to make reasonable inquiries. This amounted to failure to act in a â€Å"commercially acceptable† way, tantamount to bad faith and denying the defendant access to the defence, even though defendant was not dishonest in the sense of appreciating the risk of fraud. It is arguable that in the light of Niru, plaintiff would be in a strong position to argue that the defence should be denied to defendant here on the grounds that defendant’s inducement was not â€Å"commercially acceptable† behaviour. * Innocent: Defence probably still applicable, since, if inducement was â€Å"innocent† in the sense of being non-negligent, it might be commercially acceptable behaviour, as per Niru. DOES THE DEFENCE ACT AS A COMPLETE DEFENCE? * No it can apply pro tanto. (Australian Financial Services amp; Leasing Pty Ltd v Hills Industries) * Meaning you give back to the extent of what you still have. * How does this compare with estoppel? * Estoppel by representation remains available as a total defence to restitutionary claims even in circumstances in which the defence of change of position is available. Properly understood, it does not undermine the defence of change of position as they are based on different elements. In estoppel, one had to prove representation and detrimental reliance. Whether one can plead estoppel however depends on how equitable it is for to make such a claim to the overpayment received. In TRA Global, the court held that equity may intervene to prevent the latter’s unconscientious assertion in certain circumstances. It may be inequitable to assert a full defence of estoppel when you are overpaid 1000 and remain in possession of 500 which was mistakenly paid to you. * Under a defence of change of position, your entitlement will be 500. | How to cite Change of Position Defence, Papers

The Jobs Killer Driverless Trucks Samples †MyAssignmenthelp.com

Question: How Driverless Trucks Could Change Australia? Answer: Introduction The case scenario demonstrates how the current infrastructure of advanced information technology is getting positively as well as negatively impacted with the innovation of driverless cars. This is referred to as one of the most exciting and advanced technologies within the horizon that could have terrible consequences for Australias ripping communities. From the consideration of the business aspects it has been found that, driverless car or self driving car is an automated technology that is basically a robotic vehicle (Driverless-trucks, 2017). Without the help of the human intervention a vehicle must be able to navigate it as a qualifying one. The intervention is a preliminarily determined destination over the roads which is not been adopted for its general usage. The technology is beneficial because it reduces the pressure from the human and the efficiency of a machine always stands greater than man power. Though, designs of this kind of machines are costlier than the traditional one but due to its operational excellence, most of the large vehicle manufacturing companies have started designing these self driving cars. Utilitarianism Theory Utilitarianism is the theory that provides maximized utility to the actions. Since last 7 to 8 years the automobile industries have become a source of economic growth and innovation in Australia ()Bojarski et al., 2016). The capability of driving has become a symbol for mobility and independence which spans the generation. Automobile industries bring effective profits in the society by playing innovative as well as significant roles. Through, the rate of inefficiency is increasing that is relevant to the automobile usability is continuously staggering. There are many manufacturing agencies that have made self driving cars a reality. The self driving cars or an intelligent car works with all the preliminarily determined activities and operations as well. The additional technologies include self steering, LIDAR, GPS, DGPS and digital maps (Brett 2016). In order to track different objectives in the mid road or road side, the automated steering system is found to be very much beneficial. The steering system holds a camera as well. The optical remote sensing technology is also used by the automated car development department. With the help of the GPS tracker the automated car developing system will be able to understand about the detail track through which the car might driver to send the consumers to their desired destination. Deontology theory Deontology theory is referred to as normative ethical position that helps to judge the morality o different actions. Though this innovative technology helps the business owners to gain effective benefit from the marketplace but at the same time name ethical and non ethical aspects are also associated to this technology those might affect the general operation and functional flow of the automotive car manufacturing company (Howard and Dai 2014). The operational and functional requirements of the self driving cars are similar to the traditional cars like the self driving cars also run with the help of petrol (Hee Lee, Faundorfer and Pollefeys 2013). However, the Tesla car manufacturing company manufactures cars that run through the help of solar energy. After analyzing the features of the self driving cars it has been found that, the future of the self driving is under broad question. In the self driving technology of Australia, vast amount of ethical challenges and questions are present. As this kind of cars are operated with the help of technology only thus if the technology fails then accidents might occur. The self driving cars use radar sensor to detect the mod road obstacles (Boeglin 2015). However, if the technology fails working then it will not be able to identify the obstacles and thus accident also might occur. Virtue theory Virtue ethical theory is referred to as one of the most major normative approaches. In the self driving technology the affected people might be both the passengers and the professional car or truck drivers. With the increasing number of self driving cars the numbers of requirements for the drivers are also getting reduced (Azmat, Schuhmayer and Kummer 2016). From a wide area survey in Australia it has been found that, many fatal crash have been occurred in Australia with the self driving cars. Complete dependency over technology is very much difficult like if the technology fails then there will no one to detect the obstacles in the path. Again in the middle of the path if the passengers need to change their destination then that will also be a difficult job for the technology (Driverless-trucks, 2017). A fully driverless car is replacing the professional drivers thus they are losing their job which is a big ethical issue from the business aspect. Professional theories and profession al automated car driving applications are required to be applied by the system developers (Chen et al., 2017). Again ultrasonic sensors are also there those are widely used by the manufacturers. If the self driving cars become a norm in Australia then, another ethical concern associated to loss of job might occur. Contract theory Contract theory is the study of the way individuals and businesses construct and develop legal agreements. According to this theory, the ethical issues associated to the technology called self driving car is number of job loss of the professional drivers. As the number of self driving car gets increases in Australia, the manpower of the country will also get affected negatively. Lack of proper programming will interrupt the general application flow of the system. With the application of this innovative technology the requirement of human or manpower will get reduced which is beneficial for the business owners but at the same time sudden job loss is unethical. If the technology is increasing everyday and according to that the numbers of drivers are getting reduced everyday then that is a biggest issue for the economy of Australia. If the self driving car does not require drivers then, at least for other applications like security etc it is necessary to hire human power (Driverless-trucks, 2017). However, no such law in invented by the ministry of Australia but it has been found that job loss is a serious issue that is needed to be resolved by the Australian Government very soon. The people who are losing their jobs must get another job sooner to avoid depression and disappointment. Conclusion Technology is a gift to the society but at the same time improper application of the advanced technology can come as a curse. Proper programming technology should be incorporated to the system so that the technical issues associated to this self driving system might get minimized. Both in large hotels and motels the self driving cars are used and wily accepted. Well known car service providing companies like UBER, is also currently giving wide opportunities to the consumers with the advanced automated car or self driving cars. Security of confidential data is a very perspective that is strictly required for the self driving cars. Again, sensor is another important thing that also needed to be incorporated to reduce the rate of unfortunate accidents. Recommendations In the self driving car technology all the necessary applications are served by the advanced technology only. If, any such issues occur associated to the technology then, that could hamper the confidentiality of both the service providers and the passengers as well. In order to mitigate the security related issues it is necessary to adopt proper security technologies so that the financial personnel details of the passengers and employees do not get hijacked by the external attackers. Among these different technologies encryption and firewall and the advanced sensors are required to be installed so that, the security aspects could be maintained. References Azmat, M., Schuhmayer, C. and Kummer, S., 2016, May. Innovation in mobility: Austrian expert's perspective on the future of urban mobility with self-driving cars. 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