Legal memoranda Research Proposal Example | Topics and Well Written Essays - 1500 words

Legal memoranda - Research Proposal Example The episode has also attracted class action for damages under ss 82 of the Trade Practices Act by a number of customers, led by the Pharmacists Association of Australia. Can any agreed statement of facts between DIARCOR and the ACCC be used as evidence against DIARCOR in any subsequent civil damages proceedings that its former clients may be seeking to bring against it Any agreed statement of facts between DIARCOR and the ACCC is bound to cover issues that the former clients of DIARCOR may be seeking to bring against the latter. It is difficult to predict with certainty whether the statement of fact could be used as evidence by aggrieved clients. It depends on the nature and extent of punitive measures ACCC metes out to DIARCOR. It also depends on the contents of the statement of facts and the court's verdict. As statutory authority, ACCC is in the right position to consider damages under ss 45, 45A and 82 of the Trade Practices Act and submit a proposal to the court that must assuage the grievances of the clients besides settling with a deterrent fine for DIARCOR. (Focus on Competition Law July 2001) The statement of facts is not a single format. It comes in various forms. Ideally, statement of facts must leave no scope for dispute. However, this is not possible all the time. In some cases, there may be certain points of dispute or contention where the two parties have agreed to disagree for the time being, or which a statutory authority like ACCC has allowed to be left pending due to insufficient time or data with an undertaking to wrap up the pending issues within a certain time limit. (Preparation for Hearing) There is also the issue that DIARCOR cannot be tried two or more times for the same offence. The relevant factors that the Court will take into account when assessing the quantum of the pecuniary penalty The main charge against DIARCOR, DISY and CALENDEX is that they have been involved in the nefarious activity of price fixing for quite some time. The managing director of DIARCOR has informed that they have been involved in the price fixing cartel for about five years. The price fixing arrangements were done verbally in secret rendezvous so that they do not leave any paper trial. The court will rely on circumstantial evidence in the absence of material proof. The court will also go into the enormity of the contraventions under ss 45, 45A and 82 of the Trade Practices Act 1974. Under these subsections, the court will examine the extent of gains made by unfair means by the price fixing cartel under ss 45, evidence of the price fixing charges regardless of any loss to competition under ss 45A, and losses and/or damages suffered by competition due to the cartel and the quantum of penalties to be imposed on the cartel as fines under ss 45 and 45A (Local Government and the Trade Practices Act), and recoveries for loss suffered on behalf of the competition

Fine Arts Lesson 2 Essay Example | Topics and Well Written Essays - 3250 words

Fine Arts Lesson 2 - Essay Example This is because meaning to symbols has to be given otherwise the other person would not be able to understand the context of the message. In the above pictogram, the reader would have the context of the English language in mind so he would not have to depend on any key. Pictograms in today’s world are used as symbols and icons. They are employed in sign language, as icons in our computers and also as road signs. The use of pictogram in such areas goes away with the need for words that would occupy more space and would require more time to read. In case of road signs such as U-turn and Danger signs, the viewer reads these signs quickly and thus response is fast. Part 2: Art as a Window into Culture The Seated Gudea is a sculpture of Mesopotamian King Gudea of Lagash, belonging to the Neo-Sumerian period. The sculpture was commissioned by the King himself but the sculptor is unknown. In this sculpture, the king is depicted as a pious person who remains seated with hands clasped in a prayer-like position. Inscriptions are seen on the robe of the King, telling the story of the King who built the temple. The Akkadian relief sculpture of King Naram-Sin of Akkad depicts the victory of King Naram-Sin over the Lullubi. This relief sculpture was probably intended to become a monument. Both the sculptures are praise to their Kings. In the ancient times, the Kings used art to express their greatness. However, the subject of both the paintings is different in a manner of their emotions. King Gudea is shown as a humble person whose contribution to his people is the building of the temple. Gudea is depicted in this sculpture as a humble and peaceful person. In the case of King Naram-Sin of Akkad, the King is the opposite of humble as he basks in the light of his victory over the Lullubi. The King here is proud of his accomplishments and believes in his own might. This shows how the cultures differed as Gudea had strong religious beliefs while King Naram-Sin was sure of his own capabilities. 3. Reflection Assignment: The Evolution of Pyramid Design Pyramids were built in Ancient Egypt primarily for the purpose of serving as tombs for the Pharaohs, their queens and their entire ruling family. However, these Pyramids represent the architectural geniuses of the people who built these structures. Pyramids are great collectors of energy. Another seemingly interesting fact about the shape of the pyramids is the method of decomposition that occurs to the bodies inside the tomb. Rather than stinking or smelling, these pyramid structures lead to the mummification of the body. The Pyramids of Giza are the most functional and elaborate of the Pyramid Design. The Pyramids of Khufu and Cheops in Giza are built based on the Earth’s basic geophysical data linked with the Pyramid’s dimensions. Also being the largest pyramid, The Pyramid of Khufu also acts as radar. Thus these Pyramids not just serve the purpose of being tombs but in the greater cont ext are architectural relics. 4. Writing Assignment: Lasting Monuments One monument that I believe would be a lasting monument in this age would be the Sydney Opera House located in Sydney, Australia. There are two reasons behind this choice. The first is apparently the architectural beauty of the building. The building has become an icon for Sydney in the same way that people remember India by its Taj Mahal,