Monday, May 25, 2020
Description of the company ECS Federal Inc is an established, $250M professional services firm, delivering management and technical solutions across 30 Department of Defense (DOD) and Federal Civilian agencies. ECS invests in obtaining industry certifications for the corporate business, technical processes and project managers. Culture of the company ECS Federal Inc offers innovative, high-quality technical services and solutions to the clients through exceptionally qualified management and technical staff; craft solutions to meet the specific challenges of clients and enable them to benefit from the use of technology to meet their mission objectives; recognized by the customers as critical to their mission success; true partners in theÃ¢â¬ ¦show more contentÃ¢â¬ ¦My duties and responsibilities During the internship, my responsibilities included maintains payroll information in Accounting system; directs the collection, calculating, and entering data; prepares reports by compiling summaries of earnings, taxes, deductions, leave, disability, and nontaxable wages; determines payroll liabilities by approving the calculation of employee federal and state income and social security taxes, and employer s social security, unemployment; complies with federal, state, and local legal requirements by studying existing and new legislation; enforcing adherence to requirements; advising management on needed actions. My learning from the CPT experience and professional growth Towards the end of the CPT, I made a list of lessons I learned during my one year at the company. At first, when sending emails, double check the spelling and grammar before sending the email, people might upset if they notice some mistakes in the email. Avoid using Ã¢â¬Å"you should do XXXÃ¢â¬ , it would make people unhappy as they think you force them to do something. Being polite and showing people kindness goes a long way. Second, pay attention to details. When I file the tax report, I need file/pay on time and double check each number to make sure it is correct. If I made any mistakes, the company will get a penalty notice, which it is not good. And when I input data into the Accounting system, I need to make sure I didnÃ¢â¬â¢tShow MoreRelatedStaples Inc. Description.963 Words Ã |Ã 4 PagesSTAPLES INC. Description Staples Inc. was founded in 1985 and was incorporated on January 23, 1986, and has its headquarters in Framingham, Massachusetts (Liang, 2012). The company has three principal subdivisions: North American Stores and online, North American Commercial and International Operations encompassing 2000 stores globally in 26 nations. The corporation offers a comprehensive variety of merchandises that include: office provisions, business equipment merchandises and amenities, facilityRead MoreFederal Grant Money Creates An Interest Essay896 Words Ã |Ã 4 Pages Introduction Federal grant money creates an interest in the property it is used to purchase and/or improve. Westmoreland Human Opportunities, Inc. v. Walsh, 246 F.3d 233 (2001); In re Joliet-Will Cty. Cmty. Action Agency, 847 F.2d 430 (1988); Henry v. First Nat. Bank of Clarksdale, 595 F.2d 291 (1979). An agencyÃ¢â¬â¢s claim to an interest in property after the trustee has gone bankrupt or lost the mortgage is recognized by the courts, but may vary based on the terms of the grant. The less discretionRead MoreEssay on Discrimination and Food Chain Supermarkets1040 Words Ã |Ã 5 PagesIndividual Case Study Analysis, Case 10 Analyzing Promotion Data: Applying to 80% Rule Lakisha Richardson Ã¢â¬Æ' Abstract This analysis explains the thoughts and ideas about Case 10: Analyzing Promotion Data. It references the problems noted and within the case as well as the legal issues that apply. Based on the background and research, an overview of a solution to the problem and an implementation process to be executed by Tom Rutherford, HR director of Food Chain Supermarkets, Inc. can helpRead MoreAnalysis Of Jan Hughes, Plaintiff Appellant, V. Boston Scientific Corporation, Defendant Apellee1504 Words Ã |Ã 7 PagesCASE BRIEF Name of the Case and Citation Jan Hughes, Plaintiff-Appellant, v. Boston Scientific corporation, Defendant-Apellee., 631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit (January 21, 2011) . Facts Boston scientific manufactured and sold HydroThermAblator (HTA), a medical device intended to treat menorrhagia or excess bleeding of uterine. The mechanism of action of the device involves the circulation of hot saline solution (194Ã ° f) into uterus through a closed cycle, theRead MoreAnalysis Of Jan Hughes, Plaintiff Appellant V, Boston Scientific Corporation, Defendant Apellee1629 Words Ã |Ã 7 PagesName of the Case and Citation: Jan Hughes, Plaintiff-Appellant v, Boston Scientific corporation, Defendant-Apellee., 631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit (January 21, 2011) Facts: Boston Scientific was the producer and seller of HydroThermAblator (Ã¢â¬Å"HTAÃ¢â¬ ), a medical device marketed for treating menorrhagia, or excess uterine bleeding. The working of this device was by closed cycle circulation of hot saline solution at 194Ã ° F into and then flushing it from the uterusRead MoreBusiness Law: A Case Study1531 Words Ã |Ã 6 Pagesused in settling disputes. For cases, under $5,000.00, small claims court is utilized as a way to effectively litigate potential issues and come to a solution in a cost effective manner. This is when there are no attorneys present. Instead, each party will present their side of the story to the judge. They will bring forward their own witnesses and evidence to support their case. (Warner, 2012) To fully understand how it works requires carefully examining a case in small claims court. This willRead MoreThe Lead Forensics Investigator For Xyz, Inc.1597 Words Ã |Ã 7 PagesAs the lead forensics investigator for XYZ, Inc. I have just been informed that our client, HCC Partners in Life has undergone an apparent breach of its medical records system. Its IT security staff detected some discrepancies in the intrusion detection system (IDS) logs, which is an open source application called Snort that is run on a Linux platform. Furthermore, it is believed that the intrusion was made when the database administrator received a peculiar e-mail from human resources. This e-mailRead MoreRheaTeam B wk3 paper with IRAC975 Words Ã |Ã 4 PagesÃ¯ » ¿ Learning Team B Reflection: Week 3 IRAC Brief Learning Team B: Rhea Carson, Elspeth Flynn, Matthew Cable, Dusty Henson, Joseph Spurling LAW531 October 21, 2014 Janice Scott IRAC: Kirtsaeng v. John Wiley Sons Case Kirtsaeng v. John Wiley Sons Issue Whether first-sale doctrine codified in 17 U.S.C. Ã § 109(a) is applicable to John Wiley Sons copyrighted works manufactured and bought abroad, resold in the United States by Kirtsaeng without the ownerÃ¢â¬â¢s permission. Is this a violation ofRead MoreWorldcom, Inc. And Sprint Corporation Essay911 Words Ã |Ã 4 Pages Introduction On October 4, 1999, WorldCom, Inc. and Sprint announced their plans to merge of long-distance and telecommunication markets. It was $129 million deal, which raised concerns regarding how the merger of the two largest Internet backbone providers could affect the Internet markets. According to the case description, at the time of the agreement, the two companies were the second and third largest traditional long-distance telecommunication companies in the United States, and the firstRead MoreCase Analysis : Ã § 1011150 Words Ã |Ã 5 PagesÃ §101 cases are a particularly vexing subject for currently practicing patent attorneys. Specifically, there is a high state of flux with respect to patentable subject matter, causing uncertainty not only for attorneys, but also for inventors, investors, and engineers, whose life blood depends upon the patent system. A Ã¢â¬Å"101 conundrumÃ¢â¬ has resulted from Supreme CourtÃ¢â¬â¢s creation of ineligible categories of patentable subject ma tter. These categories are: abstract ideas, laws of nature, and naturally
Thursday, May 14, 2020
Gabriel GarcÃ a MÃ ¡rquez (1927 to 2014) was a Colombian writer, associated with the Magical Realism genre of narrative fiction and credited with reinvigorating Latin American writing. He won the Nobel prize for literature in 1982, for a body of work that included novels such as 100 Years of Solitude and Love in the Time of Cholera.Ã Ã Fast Facts: Gabriel GarcÃ a MÃ ¡rquez Full Name: Gabriel JosÃ © de la Concordia GarcÃ a MÃ ¡rquezAlso Known As: GaboBorn: March 6, 1927, in Aracataca, ColombiaDied: April 17, 2014, in Mexico City, MexicoSpouse: Mercedes Barcha Pardo, m. 1958Children: Rodrigo, b. 1959 and Gonzalo, b. 1962Ã Best-known Works: 100 Years of Solitude, Chronicle of a Death Foretold, Love in the Time of CholeraKey Accomplishments:Ã Nobel Prize for Literature, 1982, leading writer of magical realismQuote: Reality is also the myths of the common people. I realized that reality isnt just the police that kill people, but also everything that forms part of the life of the common people. Magical realism is a type of narrative fiction which blends a realistic picture of ordinary life with fantastic elements. Ghosts walk among us, say its practitioners: GarcÃ a MÃ ¡rquez wrote of these elements with a wry sense of humor, and an honest and unmistakable prose style.Ã Ã Early YearsÃ Gabriel JosÃ © de la Concordia GarcÃ a MÃ ¡rquez (known as Gabo) was born on March 6, 1927, in the town of Aracataca, Colombia near the Caribbean coast. He was the eldest of 12 children; his father was a postal clerk, telegraph operator, and itinerant pharmacist, and when GarcÃ a MÃ ¡rquez was 8, his parents moved away so his father could find a job. GarcÃ a MÃ ¡rquez was left to be raised in a large ramshackle house by his maternal grandparents. His grandfather Nicolas MÃ ¡rquez Mejia was a liberal activist and a colonel during Columbias Thousand Days War; his grandmother believed in magic and filled her grandsons head with superstitions and folk tales, dancing ghosts and spirits.Ã In an interview published in The Atlantic in 1973, GarcÃ a MÃ ¡rquez said he had always been a writer. Certainly, all of the elements of his youth were interwoven into GarcÃ a MÃ ¡rquezs fiction, a blend of history and mystery and politics that Mexican poet Pablo Neruda compared to Cervantess Don Quixote. Writing Career GarcÃ a MÃ ¡rquez was educated at a Jesuit college and in 1946, began studying for the law at the National University of Bogota. When the editor of the liberal magazine El Espectador wrote an opinion piece stating that Colombia had no talented young writers, GarcÃ a MÃ ¡rquez sent him a selection of short stories, which the editor published as Eyes of a Blue Dog.Ã A brief burst of success was interrupted by the assassination of Colombias president Jorge Eliecer Gaitan. In the following chaos, GarcÃ a MÃ ¡rquez left to become a journalist and investigative reporter in the Caribbean region, a role he would never give up. Exile from Colombia In 1954, GarcÃ a MÃ ¡rquez broke a news story about a sailor who survived the shipwreck of a Columbian Navy destroyer. Although the wreck had been attributed to a storm, the sailor reported that badly stowed illegal contraband from the US came loose and knocked eight of the crew overboard. The resulting scandal led to GarcÃ a MÃ ¡rquezs exile to Europe, where he continued writing short stories and news and magazine reports. In 1955, his first novel, Leafstorm (La Hojarasca) was published: it had been written seven years earlier but he could not find a publisher until then.Ã Marriage and Family GarcÃ a MÃ ¡rquez married Mercedes Barcha Pardo in 1958, and they had two children: Rodrigo, born 1959, now a television and film director in the U.S., and Gonzalo, born in Mexico City in 1962, now a graphic designer.Ã One Hundred Years of Solitude (1967)Ã GarcÃ a MÃ ¡rquez got the idea for his most famous work while he was driving from Mexico City to Acapulco. To get it written, he holed up for 18 months, while his family went into debt $12,000, but at the end, he had 1,300 pages of manuscript. The first Spanish edition sold out in a week, and over the next 30 years, it sold more than 25 million copies and has been translated into more than 30 languages.Ã The plot is set in Macondo, a town based on his own hometown of Aracataca, and its saga follows five generations of descendants of JosÃ © Arcadio BuendÃ a and his wife Ursula, and the city they founded. JosÃ © Arcadio BuendÃ a is based on GarcÃ a MÃ ¡rquezs own grandfather. Events in the story include a plague of insomnia, ghosts that grow old, a priest who levitates when he drinks hot chocolate, a woman who ascends into heaven while doing the laundry, and rain which lasts four years, 11 weeks and two days.Ã In a 1970 review of the English language version, Robert Keily of The New York Times said it was a novel so filled with humor, rich detail and startling distortion that it brings to mind the best of [William] Faulkner and GÃ ¼nter Grass.Ã This book is so well known, even Oprah has put it on her must-read book list. Political ActivismÃ GarcÃ a MÃ ¡rquez was an exile from Colombia for most of his adult life, mostly self-imposed, as a result of his anger and frustration over the violence that was taking over his country. He was a lifelong socialist, and a friend of Fidel Castros: he wrote for La Prensa in Havana, and always maintained personal ties with the communist party in Colombia, even though he never joined as a member. A Venezuelan newspaper sent him behind the Iron Curtain to the Balkan States, and he discovered that far from an ideal Communist life, the Eastern European people lived in terror.Ã He was repeatedly denied tourist visas to the United States because of his leftist leanings but was criticized by activists at home for not totally committing to communism. His first visit to the U.S. was the result of an invitation by President Bill Clinton to Marthas Vineyard. Later NovelsÃ In 1975, the dictator Augustin Pinochet came to power in Chile, and GarcÃ a MÃ ¡rquez swore he would never write another novel until Pinochet was gone. Pinochet was to remain in power a grueling 17 years, and by 1981, GarcÃ a MÃ ¡rquez realized that he was allowing Pinochet to censor him.Ã Chronicle of a Death Foretold was published in 1981, the retelling of a horrific murder of one of his childhood friends. The protagonist, a merry and peaceful, and openhearted son of a wealthy merchant, is hacked to death; the whole town knows in advance and cant (or wont) prevent it, even though the town doesnt really think hes guilty of the crime hes been accused of: a plague of inability to act. In 1986, Love in the Time of Cholera was published, a romantic narrative of two star-crossed lovers who meet but dont connect again for over 50 years. Cholera in the title refers to both the disease and anger taken to the extreme of warfare. Thomas Pynchon, reviewing the book in the New York Times, extolled the swing and translucency of writing, its slang and its classicism, the lyrical stretches and those end-of-sentence zingers.Ã Death and LegacyÃ In 1999, Gabriel GarcÃ a MÃ ¡rquez was diagnosed with lymphoma, but continued to write until 2004, when reviews of Memories of My Melancholy Whores were mixedÃ¢â¬âit was banned in Iran. After that, he slowly sank into dementia, dying in Mexico City on April 17, 2014.Ã In addition to his unforgettable prose works, GarcÃ a MÃ ¡rquez brought world attention to the Latin American literary scene, set up an International Film School near Havana, and a school of journalism on the Caribbean coast.Ã Notable PublicationsÃ 1947: Eyes of a Blue DogÃ 1955: Leafstorm, a family areÃ mourners at the burial of a doctor whose secret past makes the entire town want to humiliate the corpse1958: No One Writes to the Colonel, a retired army officer begins an apparently futile attempt to get his military pension1962: In Evil Hour, set during the La Violencia, a violent period in Colombia during the late 1940s and early 1950s1967: One Hundred Years of SolitudeÃ 1970: The Story of a Shipwrecked Sailor, a compilation of shipwreck scandal articles1975: Autumn of the Patriarch, a dictator rules for two centuries, an indictment of all the dictators plaguing Latin AmericaÃ Ã 1981: Chronicle of a Death ForetoldÃ Ã 1986: Love in the Time of CholeraÃ 1989: The General in the Labyrinth, account of the last years of the revolutionary hero Simon Bolivar1994: Love and Other Demons, an entire coastal town slips into communal madness1996: News of a Kidnapping, nonfiction report on the Colombian Medellin drug carte l2004: Memories of My Melancholy Whores, story of a 90-year-old journalists affair with a 14-year-old prostitute Sources Del Barco, Mandalit. Writer Gabriel Garcia Marquez, Who Gave Voice to Latin America, Dies. National Public Radio April 17, 2014. Print.Fetters, Ashley. The Origins of Gabriel Garcia Marquezs Magic Realism. The Atlantic April 17 2014. Print.Kandell, Jonathan. Gabriel GarcÃ a MÃ ¡rquez, Conjurer of Literary Magic, Dies at 87. The New York Times April 17, 2014. Print.Kennedy, William. The Yellow Trolley Car in Barcelona, and Other Visions. The Atlantic January 1973. Print.Kiely, Robert. Memory and Prophecy, Illusion and Reality Are Mixed and Made to Look the Same. The New York March 8, 1970. Print.TimesPynchon, Thomas. The Hearts Eternal Vow. The New York Times 1988: April 10. Print.Vargas Llosa, Mario. GarcÃ a MÃ ¡rquez: Historia De Un Deicidio. Barcelona-Caracas: Monte Avila Editores, 1971. Print.
Wednesday, May 6, 2020
Ã¢â¬Å"I fear the day that technology will surpass our human interaction. The world will have a generation of idiotsÃ¢â¬ -Albert Einstein. TodayÃ¢â¬â¢s day and age has produced, and still produces, some of the most intelligent people who have created and thought of the machines and theories that have forever changed life itself. With the creation of things such as computers, cell phones, television, and more, communication between people has never been easier, or so one would think. One popular interpretation of the quote describes the use of the term Ã¢â¬Å"idiotsÃ¢â¬ by stating that with the decline of social interaction, through technological advancements, people are no longer able to communicate and interpret situations in a proper way. Throughout timeÃ¢â¬ ¦show more contentÃ¢â¬ ¦Advancing childrenÃ¢â¬â¢s minds early in their education by using computers also creates issues with their abilities to interact with other kids and to work well in groups due to the isolati on of computerized learning and lack of social interaction. With the decline in traditional ways of teaching children through lectures, hard copies of activities, and group projects, it can be predicted that the patterns shown from studies already done on these topics will only continue, if it does not get worse. Children that start on this path often continue using the technologies they were introduced to at a young age. Growing up with the influence of technologies, things like social media and the need to stay connected to one another also follow. Staying connected over technologies can take the shape of many relationships. Three general ways of relationships or networks that provide for communication are, linear, random, and totally connected. Linear, is as the name applies, has the least amount of connections and maintains the most separation. Random is when relationships cannot be defined or explained. Lastly totally connected describes the network where every person is conn ected to one another (Lazer). Through these networks, global connections can be achieved. Global communications are described to have the ability to Ã¢â¬Å"motivate some of them to agitate for social change,Ã¢â¬ change as little as a change in a personÃ¢â¬â¢sShow MoreRelatedAdvantages And Disadvantages Of Technology In Education1218 Words Ã |Ã 5 Pagesgadgets and techno-era usages in all the aspects of life, it is highly convincible to use the same in education system as well. Though, this advancement is inevitable, still there are many fall-outs that the teachers and the education providers should look forward to. I would like to extend my views regarding the problems that may arise during and due to the usage and overdependence of technology for teaching purposes and precisely in ESL context, especially when the students are unable to adapt theRead MoreEssay Communication Technology1537 Words Ã |Ã 7 PagesMoreover, communication technologies have made it simple to comm unicate to friends in the other side of the world by calling them using mobile phone, e-mailing them and writing in our web pages using social networks, such as Face book, Twitter or Messenger. Additionally, many other recourses are used by the majority of people to keep in touch with the world, which they can watch television or listen to the radio especially when they go to work. Therefore, communication technologies are considered oneRead MoreAdvantages And Disadvantages Of Using Technology Into Preschool Classroom1321 Words Ã |Ã 6 Pages What are the advantages and disadvantages of using technology in the preschool classroom? Nowadays, technology is essential to every part of our lives, our workplace and our school-lives. In order to let the new generations acquire the skills to help them to survive in this highly technological knowledge-based society, many schools are just starting to combine technology into preschool classrooms learning. Dr.Char Cynthia, who had been a senior associate inRead MoreDigital Divide : High Tech Devices Or Information Communication Technology1658 Words Ã |Ã 7 PagesInformation Communication Technology (ICT) to access the use of the Internet and those that have access to these devices. The five factors in my opinion responsible for digital divide are: age, disability, rural area, income, and education. 1. Age Ã¢â¬â Even though people are living longer, it doesnÃ¢â¬â¢t change the fact that there is a gap between the younger age group using the Internet compared to the elderly. The young-adults age group is more open-minded to change when it comes to technology, wherein the elderlyRead MoreImpact Of Technology On Our Daily Lives1505 Words Ã |Ã 7 PagesTechnology in Education No one can deny the effects that technology has on our daily lives. We might disagree weather or not technology impacts education in a positive or a negative way, but we should agree that technology is everywhere, in our homes, hospitals, schools, companies and institutes. According to Ken Funk (1999), Ã¢â¬Å"The word technology comes from two Greek words, transliterated techne and logos. Techne means art, skill, craft, or the way, manner, or means by which a thing is gained. LogosRead MoreOnline Education Versus Traditional Education1196 Words Ã |Ã 5 PagesOnline Education versus Traditional Education Many students have a difficult time choosing between online education and traditional education. Both styles of education offer advantages and disadvantages to the student. There are many things to consider when making this life altering decision, such as, cost, convenience, time, social interaction, and technology. This information is meant to inform prospective students looking to further their education of the pros and cons of both online educationRead MoreTechnology And Higher Up Education : A Literature Review848 Words Ã |Ã 4 PagesTechnology in Higher Up Education: A Literature Review The higher up education in the United States has always excelled as one of the best around the world. Many of the learning methods that are used nowadays in colleges and universities are a lot similar to the ones used in past generation. A variant that nowadays affects not only education but also our lives in general is the technology that we have at our disposal. Technology is the next step of education so much so that many higher up educationalRead MoreAdvantages And Disadvantages Of Technology Based Assessment758 Words Ã |Ã 4 PageslearnerÃ¢â¬â¢s strengths, weaknesses. The ensuing newsletter will discuss the positive including negative incommodity toward of technology based assessments such as formative assessments, criterion based assessments, curriculum based measurements. Additionally, present a summary regarding which technology examination I perceive are beneficial concerning student literacy. Current Technology Based Assessment Formative assessment is an examination regarding literacy. Therefore, measures studentÃ¢â¬â¢s achievementRead MoreDiversity And Public Administration By Harvey L. White And Rice1254 Words Ã |Ã 6 Pagesminority population has increased dramatically. In result of minority population increasing, public organizations have a more diverse work environment. In the workplace, diversity can be a benefit. According to the article entitled , Ã¢â¬Å"Advantages and Disadvantages of Diversity in the WorkplaceÃ¢â¬ by David Ingram, Ingram(2015) stated that by have a diverse workplace allows the company to utilize their employeesÃ¢â¬â¢ cultural difference to strengthen the organizationsÃ¢â¬â¢ productivity. Another advantage of diverseRead MoreImportance Of Internet Education Essay1749 Words Ã |Ã 7 PagesWhat is the importance of Internet Education and how does the Internet affect our lives? The importance of Internet Education is that it has changed the way students are being taught in schools. It also helps Teachers and Students learn with better and easy learning styles. According to James Wright, Ã¢â¬Å"Teachers use the Internet to supplement their lessons, and a number of prestigious universities have opened up free online lectures and courses to everyone.Ã¢â¬ (Wright, 2015, para.1). It is easier for
Tuesday, May 5, 2020
Questions: 1. a) Outline and discuss each partys likely legal rights and liabilities in relation to the first and second shipments by reference to Australian law and where applicable referring to the CISG.b) Would Sino Steel be entitled to terminate the remainder of the contract the April 2016 instalment and if so what consequences would follow?2. a)How might the parties best cooperate?b)Assuming that only the false certificate issued and that alternatively only the incorrect letter of credit issued, what would be the respective innocent partys legal rights?3.Outline and appraise the applicable GATT/WTO, bilateral and regional free trade agreement (AANZFTA), and WTO sanitary and phytosanitary (SPS) Agreement sourced rules which govern the Australia-Philippine banana trade and consider whether Australia can rely on strict SPS quarantine rules to discourage imports. Answers: 1. a) The General Rights and Obligations of Parties The Convention places a duty on any seller to avail the goods, provide the stipulated documents in relation to these goods and finally to hand over property in the goods upon completion of the contract (CISG, Art. 31). Additionally, the seller is obliged to deliver the goods in the quality and quantity described in the contract of sale (CISG, Art.35). In order to ensure the provisions with regard to quality and quantity are met, the Seller it required to inspect the goods prior to packaging or sealing them in the container as provided by the Convention. With the regard to the buyer, the general obligations include the duty to pay for the goods and the duty to take delivery as provided by Article 53 of the CISG Convention. Payment of goods constitutes undertaking the required formalities to facilitate payment such as applying for a letter of credit. Consequently, failure to adhere or fulfil either of the above obligations would constitute a breach of contract(Clayton Steven, 2016). However, the law provides for certain circumstances under which a party would be exempted from liability (United Nations Commission on International Trade, 1980). The First Shipment The first shipment, in February 2016, was characterised by a delay with the letter of credit at the sellers bank and a delay in shipment of the goods from the seller to the buyer. The issues arising based on this delay are first, whether a delay with the letter of credit constituted a lack of performance on the buyers part and secondly whether the delay in shipment gave rise to any liabilities against the seller. Letters of Credit A letter of credit is, usually, an irrevocable committal of a banking institution expressed to the seller on the buyers behalf expressing a promise to pay a certain sum upon the receipt of goods or items for sale(Richard, et al., 2012). The buyers bank issues a letter of credit in the sellers favour which is communicated through the sellers bank (Justin Bernard, 2014). Denning LJ illustrated the significance of letters of credit by stating that they assure the seller of payment upon delivery of goods and presentation of required documents and similarly ensure that payment is not made until the goods as described in the contract are delivered thus protecting the interests of both parties (Pavia Co. SpA v Thurmann-Nielson, 1952). In most cases, the application for a letter of credit is treated as a pre-requisite to the conveyance of goods and as such without it, a seller is not obliged to perform his duties as per the contract (Indira Stone, 2013). Letters of credit enjoy autonomy f rom the sales contract as illustrated in Maurice OMeara Co v National Park Bank of NY (1925) but are subject to the doctrine of strict compliance in that any documents presented to request payment should be in line with the descriptions provided in the letter of credit (Richard, et al., 2012). Additionally, Art.27 of the CISG provides that where either of the parties requires communication to be made with regard to the sale of goods, any delay or error encountered in transmitting this communication, where the appropriate measures have been taken on the senders part, will not disentitle the sending party from relying on the information. This is to say, that where errors occur but a party has done their part to ensure communication has passed, failure in transmission will not render them to have failed in performance. In the case study provided, there was a 14-day delay in receipt of the Letter of Credit at Queensland bank. The delay was however as a result of the errors at the sellers bank. The buyer had neither failed to apply nor send the letter of credit. From the discussion above, it can be adduced that where a letter of credit is a pre-requisite to performance and it is not applied for or issued, then the seller is not obligated to commence performance and the contract can even be avoided. However, the provision in Art.27 excludes the buyer, Sino Steel, from any liability because the delay in communicating the Letter of Credit was not as a result of their failure to perform their obligations but a failure in transmission by the sellers bank. The CISG seeks to unify as well as promote international trade, and as such, it provides for the extension of time to allow for the application and subsequent receipt of letters of credit or any other documents required to facilitate trade. Delay in Shipment A delay in shipment amounts to a delay in performance of the contract by the seller. The legal issue arising from the delay is the effect it will have on the contract and the legal rights available to the aggrieved party as a result of the delay. Art.33 of the CISG imposes an obligation on a seller to deliver goods within the time frame outlined by the contract. Failure to deliver subsequently constitutes a failure to perform. Where the seller fails or delays in performance, a buyer is open to a variety of remedies. Firstly, they may choose to allow additional time to facilitate performance, secondly they may file a claim for damages resulting from the losses suffered, they may also request a renegotiation in price by way of a discount or opt to avoid the contract where they find the losses suffered from the delay a fundamental breach of the contract(United Nations Commission on International Trade, 1980). In the scenario provided Sino Steel is entitled to all these remedies with regard to the delay in shipment by Ferrum Co. in February 2016. However, as the shipment was received, should Ferrum Co. decide to avoid the contract, they would still be obligated to pay for the goods they accepted. The Second Shipment The issues arising from the second shipment are whether the delay in loading, caused by flooding, led to any breach of performance on the sellers part. This will be decided by analysing force majeure and the rights and liabilities of parties to a contract with regard to frustrating events. The second shipment was also marred by error which led to the transportation of an inappropriate iron ore quality to the buyer. This error gives rise to the issue of conformity, inspection and certification which are obligations set out in law that a seller is to comply with while performing his end of a contract. Frustrating Events Under English Common Law, which is applied in Australia, frustration occurs where a contractual obligation cannot be executed, without either partys interference, as performance under the available circumstances would technically constitute a breach (Davis Contractors Ltd v Fareham Urban District Council, 1956). According to Viscount Simon LC in Joseph Constantine Steamship Line Ltd v Imperial Smelting Corp. Ltd , a frustrating even would normally terminate the contract, however, where a party continues to perform, they are entitled to remuneration (Robin Bath, 2009). Not every event which renders performance challenging constitutes a frustrating event(British Movietone News Ltd v London and District Cinemas Ltd , 1952). This doctrine is embodied in Article 79 of the CISG which refers to impediments without control. Under the convention, the existence of an impediment will not terminate the contract, but merely suspend it until it can be resumed (Robin Bath, 2009). Where a cl ause with regard to frustrating events is lacking, contracting parties can rely on Article 79 of the CISG which provides for exemption from liability for as long as the impediment exists(Justin Bernard, 2014). With regard to Ferrum Corps case, the flood can be said to constitute a frustrating event for which the exporter can rely on Article 79 to be exempted from liability as there is no express force majeure clause mentioned in the agreement. The flood was an unforeseen impediment to the sellers performance which neither he nor any reasonable person, could have predicted. Inspection, Certification and Conformity Inspection certificates are some of the documents received by the bank from a seller who wishes to claim payment by letter of credit (Robin Bath, 2009). The certificate affirms to the buyer that the goods were inspected prior to loading and upon testing complied with the description required by the contract (Justin Bernard, 2014). Sellers are expected to meet all the terms stipulated in the contract and outlined in the letter of credit in order to receive payment where certification is required (Richard, et al., 2009). The doctrine of strict compliance is applied in affirming whether the certificate provided adheres to the descriptions in the letter of credit(Richard, et al., 2009). Non-conformity, with regard to the quality of the product, imposes a liability on the seller according to the CISG Art. 36. In the case study provided, the first agreement required self-certification from Ferrum Corp. as to the quality of the iron ore. A loading error on the March 2016 instalment led to the inappropriate quality of iron ore being shipped. The quality of the iron ore was a contradiction to the Certificate of Inspection issued as well as the requirements of the letter of credit. In the steel industry, poor quality raw materials would lead to poor quality products consequently resulting in loss of profits as what they produce would be sold at a lower price. These facts provide justification for a breach of contract on the part of the seller. The loss in profits creates a detriment so great as to constitute a fundamental breach. However if the seller can prove that the shipping of the poor quality iron ore was a failure on the part of a third party and that he had done all that was required to ensure the right quality of product was shipped out and was unaware of the non-conformity, then he c an rely on Art.79 of the CISG to exempt himself from liability. The CISG provides alternative remedies such as a request for substitute conforming goods so as to ensure the contract is concluded and not terminated. b) The CISG, under article 29, provides for termination of a contract at any time on the agreement of both parties(Clayton Steven, 2016). Additionally, where an action or inaction of a party causes the other great detriment as to deprive them of his rights in the contract, the aggrieved party can opt to avoid the contract, discharging both parties of any future obligations(United Nations Commission on International Trade, 1980). Section V of the Convention outlines the expected consequences should a party opt to avoid a contract. However, where a party has performed their end of the bargain, to any given degree, they can claim restitution for the work done. If restitution cannot be made, then the contract cannot be avoided. Sino Steel can rely on these two provisions to terminate the contract relating to the third shipment expected in April. That is, should they wish to terminate the contract, a simple agreement with Ferrum Steel will suffice. If they opt to avoid the contract, they should ensure that they can completely compensate Ferrum Co. for the shipments made in February and March as well as any other claims due to them. 2. a) The challenges experienced in this scenario were caused by third parties and not as a result of the action or omission of the original parties to the contract. Art.79 excludes the parties from any liabilities caused by second parties. Cooperation would be best applied if they decide to liaise together to rectify the mistakes as well as institute action against the liable third parties. Termination of the contract based on third party errors would not be in the best interests of either party. The CISG provides guidelines to ensure continuity of the contract where such challenges arise. b) False Certificate A fraudulent employee at Gladstone Iron Testing led to the issuance of a false certificate whose assertions did not match the actual quality of the iron ore transported and therefore were in contradiction to the description in the Letter of Credit. The legal issue arising in this scenario is the effect of fraud by a third party on the contract as a whole. This will be decided by analysing how courts have dealt with fraudulent documents presented to claim payment on letters of credit. International trade law applies a strict doctrine of autonomy where letters of credit are considered independent of any sales contract and as such, any issuing bank is only concerned with the accuracy of the sellers documents and not the quality, quantity or legitimacy of the goods(Richard, et al., 2009). However, the strict nature of this doctrine is eased by the fraud exception which, according to Lord Diplock, applies where a beneficiary consciously presents documents containing fraudulent material to the confirming bank (United City Merchants (Investments) Ltd v Royal Bank of Canada (The American Accord), 1983). A confirming bank can however not decline to make a payment where it is convinced that the presented documents are congruent with the letter of credit(Richard, et al., 2009). Where a party is convinced of fraud, the onus is on them to prove it, which is usually difficult to establish as was the case in Hortico (Australia) Pty Ltd v Energy Equipment Co (Australia) Pty Ltd (1985) 1 NSW 545. According to English Law, fraud emanating from the actions of a third party will not be considered as fraud in the contract so as to have the effect of allowing a bank to deny payment(Richard, et al., 2009). In the case study provided, the fraudulent party was a third party to the contract whose services were sought to certify the quality of the ore. There is no evidence as to whether either of the contracting parties was involved or aware of any fraudulent activities, therefore neither can be held liable or denied performance as a result of the third parties actions. The innocent parties can file a suit to claim damages against Gladstone Iron Testing for providing a false certificate which led to a shipment containing an inappropriate quality of goods. Additionally, if the seller can provide proof that the buyer had colluded with the Gladstone employee for a false certificate of inspection, they will then be entitled to request the bank not to pay the seller on the ground of fraud. Incorrect Letter of Credit An error by a Shanghai Bank Officer led to the issuing of a letter of credit where none was required. This means that Queensland bank would receive a letter of credit entitling the seller to payment where no performance was required. The legal issue arising from this error is on of mistake. As has been repeatedly mentioned in the discussion above, CISGs main objective revolves around unifying and facilitating international trade and as such most of its remedies revolve around ensuring the continuance of the contract. Therefore, the mistake of issuing a letter of credit where none was required would not constitute a breach of contract so serious as to be considered fundamental and as such can be corrected through the cooperation of the parties to rectify it. 3. A Free Trade Agreement (FTA) is an international agreement that eradicates restrictions to trade and enables well-founded trade and commercial ties, thus increasing economic unity among member states ( Australian Government Department of Foreign Affairs and Trade, n.d.). It is created when two or more countries agree to do away with customs duties and other barriers to trade carried out among them(Richard, et al., 2009). Arte, extensive FTAs are significant in ensuring liberalisation of international trade and are expressly provided for under the World Trade Organisation (WTO) rules ( Australian Government Department of Foreign Affairs and Trade, n.d.). These rules require the removal of charges and other limitations in almost all trade in goods as well as the elimination of almost all discrimination with regard to services supplied with and by member states ( Australian Government Department of Foreign Affairs and Trade, n.d.). In this question, the paper aims to identify the var ious rules and agreements that would govern a mutual free trade agreement with regard to the banana industry between Australia and the Philippines. It will also seek to identify the possible Sanitary and Phytosanitary (SPS) Measures applicable by Australia and the effect they will have on trade. In doing this, the paper will rely on policies outlined in the General Agreement on Tariffs and Trade (GATT), the ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) and the WTOs SPS Agreement. Rules and Policies Governing the Australian-Philippine Banana Industry The GATT was first established in 1947 and later revised in 1994 during the Uruguay Round as a framework to facilitate world trade (Matthias, 2016). It serves as the most important multilateral trade agreement and aims to liberalise international trade through the step by step elimination of restrictive trade practices and other defensive intrusions with regard to global as well as national market competition(Matthias, 2016). The basic principles of the GATT are non-discrimination and liberalisation(WTO, n.d.). Non-discrimination emanates in form of the Most-Favoured-Nation principle where a member is required to treat all members as equal, in that, if a favour is granted to one member, it should be granted to all others in the same situation (Kenneth, 2011). Another principle of non-discrimination is the National Treatment principle which required equal treatment of foreign and local traders. These principles are embodied in Articles 2 and 3 of the GATT respectively (WTO, n.d.). The WTO rules apply a balancing test with regard to the protection of the public versus the restriction of cross-border trade however, they tend to favour the eradication of restrictions over individual state protective measures as seen in Thailand Restrictions on Importation of Cigarettes Case (1991), where restriction to cigarette imports were seen as contravening the GATT. In the restriction of imports, a country can rely on the Escape Clause provided under Article XIX, which allows a country to depart from performing or upholding previous promises (Richard, et al., 2012). However, the escaping party must prove that their departure is due to injury caused by increased imports on its domestic producers as held in Argentina Safeguard Measures on Imports of Footwear (WTO 1999). In the case study provided, a free trade agreement between Australia and the Philippines will be a great step towards the liberation of international trade. It is expected, however, that both parties ensure non-discrimination in the trade of bananas both internationally and within their respective borders. Where a party is convinced, and can provide evidence to the same effect, that this agreement is detrimental to their local banana traders, and then a suspension can be granted by way of the Escape Clause so as to allow revision of the terms of trade. It is important to note however that, as the objective of GATT is the reduction of trade restrictions, any restrictions are likely to only apply until an alternative solution is obtained. The Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, enforced in January 2010, remains to be the most purposeful and inclusive trade agreement negotiated by the region's members to date(Christopher, 2015). With regard to the sale of goods, the agreement upholds the provisions of the WTO while including more specific commitments as well as enhancing transparency. The SPS Measures provide that a country has every right to embark in protecting its human, animal and plant life or health, however, it cannot use this right to discriminate on trading activities with other countries(Richard, et al., 2012). Any SPS measure should conform to the international standards and guidelines provided by the WTO-SPS Agreements as well as those outlined in the GATT 1994(World Trade Organization, 1995). The measures should be transparent and based on proper scientific evidence (Department of Agriculture, Fisheries and Forestry, n.d.). They measures should balance the level of protection required, against the extent of restriction on trade(Department of Agriculture, Fisheries and Forestry, n.d.). In the case study provided, either of the parties has the right to employ SPS measures to protect its people, animals and plants. However, the restrictions employed are subject to various qualifications. Firstly, they should be consistent with the SPS Agreement as well as the rules on SPS measures outlined in the GATT 1994. Additionally, any proposed SPS measure should be accompanied by adequate scientific evidence to show threats to life and health that will emanate if the measure is not put in place. 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