Banking and Finance Law Essay Example for Free

Banking and Finance Law Essay Joint account holders, case: Arden v Bank of New South Wales (1956) VLR 569 Combination of account, the bank’s right to combine accounts is dependant on the accounts being the same or closely similar. The right to combine accounts without express agreement: accounts must be held by customer in the same capacity, must not be an agreement or course of dealing with the customer which has negated the bank’s right to combine accounts, customer’s indebtedness must have been incurred to the bank as an banker and not in relation to other business carried on by the bank eg travel business. The main case of this rule is: Garnett v McKewan 1872. Knowing Receipt: Case: Thomson v Clydesdale Bank Ltd (1893) AC 282 APPLICATION Fantastic Landscapes is a customer of the Red Bank because it has accounts in this bank which are overdraft account with has a borrowing limit of $100000 accepted by Red Bank and another account has $20000 (Account No 2) Applying to the content of the contact, Fantastic Landscapes has signed an agreement form that is an express terms made between Red Bank and Fantastic Landscapes. The general terms and conditions included the following clause 12: upon receipt of each monthly overdraft account statement, the account holder shall read the statement and notify the bank of any errors contained in the statement within 15 days. Failure to notify the bank of any errors within that time will be treated as a breach of contract by the account holder entitling the bank to its remedies at law. Applying to the bank’s duty of confidentiality, the Red Bank recorded transactions between it and its customer (Fantastic Landscapes) and reported to its customer every 15 days as written in the general term. However, Red Bank did not complete its duty to question valid mandate because the cheques drawn by Minnie (one of the director of Fantastic Landscapes) within a period of 3 months are unusual drawn on Fantastic Landscapes’ overdraft account. When according to joint account holders, Ben actually is an innocent joint account holder, so he has a right to sue the Red Bank for the breach of contract. However, applying to the duty of customer in section duty to organize business, following cases: Lewes Sanitary Steam Laundry Co Ltd v Barclay Co Ltd (1906) 95 LT 444; and (6. 1) National Bank of New Zealand Ltd v Walpole and Patterson Ltd (1975) 2NZLR 7. The Red bank has an absolute advantage in this case because of the express term written in the contract Another director of Fantastic Landscapes, Ben has failed when sue Red Bank to recredit account which Minnie has stolen because he did not check overdraft account during 3 months, and in the contract with Red Bank has asked he to rea d and notify the bank of any errors contained in the statement within 15 days. Therefore, Ben or Fantastic Landscapes could not claim back $50000. When apply to combination of account, the Fantastic Landscapes has won in this lawsuit. The Red Bank has combined overdraft account and Account No 2 without any notice because they hear that this company has just lot a large landscaping contract and not working any more. Moreover, Red Bank has agreed Fantastic Landscapes to borrow maximum $100000, so they can not combine account without any notice to this company even though its overdraft account has reached to $100000. Therefore, Red Bank has to pay $10000 penalty fee for Fantastic Landscapes to the finance company. According to duty of the banker, the BLB (Big Lender Bank) does not have any duty to Fantastic Landscapes because in this case, its customer Minnie just is its client. Therefore, BLB do not have any duty to her company although she is a director in that company and she has committed fraud. Moreover, BLB do not care about how Minnie paid off her debt because Minnie did not withdraw money in the trust account. In addition, according to Thomson v Clydesdale Bank Ltd (1893) AC 282. BLB does not need to care about its customer detail particularly. Hence, the chances for Fantastic Landscapes win in this case in not to high than the case it won before when against Red Bank to reclaim $10000 penalty fee for finance company. CONCLUSION In conclusion, the Fantastic Landscapes has won in the case against Red Bank for compensation for $10000 penalty fee when they applied their case to combination of account. They won because Red Bank has committed the rule when combine two accounts without any notice to its customer. On the other hand, although the main fault belong to Minnie, the Fantastic Landscapes has failed in the case to recredit, its account when apply express term between it and the Red Bank. After all, the BLB do not have any duty to Fantastic Landscapes for compensation because when apply knowing receipt rule via Thomson case.

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Tara J. Yosso’s book Critical Race Counterstories along the Chicana/ Chicano Educational Pipeline uses a unique set of critical race counterstories focused on teachers and students in the Chicana / Chicano community. It reveals a great deficiency in appropriate U.S. education and investment but demonstrates the richness of the culture of minorities and interest in innovative approaches to education. This innovative work, in comparison to works published by many leading researchers, uses critical race theory to give stories along the educational pipeline from primary school to university. It is an absorptive work giving voices to the largest minority in the United States, presenting the latest demographic research on the status of Chicana / Chicano students’ education at the time of its publication in 2006. Within the first chapter, we are presented with the foundation for this research and the sad reality of Chicana/ Chicano education within the United States. In the U.S. the group with the lowest educational progress is the fastest growing racial / ethnic minority population – in o...

The Hero’s Journey

The Hero’s Journey In recent centuries, China has been subject to many foreign powers even on its own soil. In times of low national pride, martial art masters such as Ye Wen and Huo Yuanjia became national heroes, inspiring the Chinese people to prove their worth to visiting foreigners and preserve their sovereignty. Through a comparative study of heroic martial artists in the recent Chinese films Ip Man( ) and Jet Li’s Fearless ( ), this paper will explore how the stories that they tell relate to and critically reflect the â€Å"Hero’s Journey† narrative pattern identified by American Scholar Joseph Campbell.Campbell’s 2008 book The Hero With a Thousand Faces provides a theoretical frame for this paper. We will study how these martial artists’ personal stories inspire their community and the nation to overcome great hardship and how the filmic representation of their images represents the self-image of China as a nation. Drawing a parallel between these heroic images and China’s own journey toward self-reliance and national regeneration, this paper will argue that the narrative pattern of â€Å"A Hero’s Journey† could also project a meaningful reading of China’s own trajectory of social and economic growth as a nation.The first film that this paper studies, Jet Li’s Fearless takes place in the early 1900’s, half a century after the Opium Wars have resulted in China giving up territory to Western powers as well as diminished their rule over foreigners in Chinese cities. In this historical period, Western powers look down on the Chinese as the weak men of Asia. Likewise, despite his father being a martial arts master, Huo Yuanjia is not permitted by his father to practice wushu because of his asthma.After his father’s death, Yuanjia is able to practice wushu openly and begins to build his reputation as the â€Å"best of Tianjin. † Huo Yuanjia’s call to adven ture comes after tragedy strikes his family. Yuanjia is led by one of his disciples to believe that another martial artist, Master Qin, has beaten him without provocation. In the ensuing confusion, Yuanjia kills Master Qin and Master Qin’s nephew in turn kills Yuanjia’s wife and daughter. This personal tragedy can be contextualized in the historical period knows as the Boxer Rebellion.China’s reluctance to accept western ideals, specifically its rejection of Christianity, led to irrevocable conflict across the country in which many innocent people lose their lives. As portrayed by the film, one of China’s major weaknesses was its inability to adapt as the world around it modernizes and westernizes. A hero is not without mentors and ultimately must work to gain a treasure, which can then be used to transform the world. Huo Yuanjia is humbled by the tragedy that struck his life and learns to accept guidance from many around him.In a small mountain village h e is taught how to live in harmony with nature. Upon returning to Tianjin, he visits his old friend Nong Jinsun with a changed heart. Yuanjia knows that China’s image is in desperate need of refreshing and asks his friend to pay his way to challenge O’Brien, the US boxing champion, in Shanghai. Huo Yuanjia then undergoes many tests, finding allies and enemies along the way. He is invited to dinner and tea on occasion. The first invitation comes, again, from his friend Nong Jinsun.The two agree that China must realize the gravity of their situation and reunite to take back their sovereignty. Jinsun knows that Yuanjia can unify the country through martial arts and is so dedicated to the idea that he sells his successful restaurant in order to help open the Jingwu Sports Federation. Later, Yuanjia has tea with an arranged challenger, Anno Tanaka. Tanaka is prideful of his knowledge and taste for differentiating various grades of tea. In perhaps the deepest line of the fil m, Yuanjia explains to Tanaka that the tea does not judge itself, but people judge it, placing one above the other.In contrast, Yuanjia believes that the all tea is made equal by nature and the taste of the tea will reflect the attitude of the drinker. As for martial arts, there isn’t one superior style, but varying degrees of skill in each style. This explains China’s endangered situation at the time of the movie. The Chinese style of government and nationalism simply couldn’t withstand the pressure of outside forces. Finally, the hero Huo Yuanjia must  be severely tested in order to be purified by a last sacrifice.According to the film Fearless, Yuanjia’s sacrifice is literal. In a contest against four opponents, he is poisoned, even as he is near victory. China has its own internal conflict. Although the internal struggle was largely put on hold during the Second World War, the Chinese Communist and Nationalist Parties divided China one more time bef ore it could finally be united under Mao Zedong’s communist government. Tanaka declares Yuanjia the victor as he dies and becomes a hero behind which the Chinese can unite to fight the foreign influence.Resonating the theme of heroism and nationalism, the movie Ip Man is a great tribute to Ip Man, a great leader of China by example of his determination to achieve justice. This story takes place in Foshan, Guangdong region before and during the Japanese invasion of China in the 1930s. This invasion leaves a lot of Chinese people to be wrongly treated and also have an inappropriate and improper view of the actuality in strength that China has as a whole especially in numbers. What good can a high amount of people be if they aren’t all governed by the same organized and directive laws?The importance of effective and self-sufficient leadership is great and can be shown through the life of heroes like the martial artist Ip Man, a visionary leader of the Chinese people, who was able to bring hope, direction and most importantly greater unity to the local Chinese community Ip Man was a very important and influential master of Kong Fu in the history of China. Taking his heroic life and comparing it with the â€Å"Hero’s Journey† will allow readers to perceive what affects a Heroic figure had on a historical nation such as China.According to Joseph Campbell, there are various stages in the narrative pattern of â€Å"A Hero’s Journey. † The most important are: one, â€Å"The Ordinary World†; two, â€Å"The Call To Adventure†; three, â€Å"Refusal of The Call†; four, â€Å"Meeting with the mentor†; five, â€Å"Tests, Allies and Enemies†; six â€Å"The Ordeal†; seven, â€Å"The Road Back†; and lastly, eight, â€Å"Return With The Elixir†. In Ip Man, the first stage, â€Å"The Ordinary World†, is presented as the earlier life of Ip Man. He is extremely accomplished in t raditional Chinese martial arts and lives a quite life.As an ordinary person, he has no desire to become a master and teach others. Corresponding to Stage two, â€Å"The Call To Adventure,† Ip Man is brought to pass as the Japanese are introduced as invading China, which caused numerous Chinese to live in perilous conditions. Ip Man, as well, lost his home and many personal belongings. In a scene of the film, a Japanese General invites Chinese locals to challenge Japanese martial artists using their own styles of Kong Fu to judge which national martial arts are more powerful.The intersection between personal and national crisis is escalated in the third stage, corresponding to Campbell’s narrative pattern â€Å"Refusal of the Call†, when Ip Man chooses to fight against 10 Japanese fighters at once due to the very recent murder of his close friend. He triumphs at last, conquering his challengers. When he reviews this experience with his wife, he comments that his Kong Fu has no use in this current unfortunate situation for his country-men and friends since the whole nation is in a larger, much more dangerous and critical condition.Later a Chinese officer who later works as the interpreter for the Japanese brings the Japanese military to find Ip Man. This is when the fifth stage is visible, â€Å"Tests, Allies and Enemies†. Ip Man could see the apparent intentions that one Japanese officer had towards his wife. To save himself and his family from danger, Ip Man fights against all the soldiers and finally manages to flee. The story later progresses into stage six â€Å"The Ordeal†, when Ip Man dares to face the Japanese General in a fight to see whose Kong Fu can prevail.At this time Ip Man understands that whether he wins or loses, he is doomed to be unfairly killed. However, he knows that the dignity and glory of his nation rests on him and is dependent on his victory. Ip man then greatly triumphed in this match up, and the la rge crowd mostly consisting of Chinese locals cheered and chanted, â€Å"Ip Man, Ip Man†¦Ã¢â‚¬  but then out of nowhere a Japanese Colonel shot Ip Man, and seemed to have killed him, but luckily he lived on.Finally, corresponding to Stage seven, â€Å"The Road Back†, the film shows Ip Man willingly sacrificing himself to protect the workers in the cotton factory, when revealing his genuine care for them, his countrymen. Lastly, stage eight, â€Å"Return with the elixir† is that Ip Man finally establishes his belief that Chinese martial arts is founded in Confucian spirit, the essence of which is benevolence. This corresponds to the eighth stage in the Campbell narrative pattern, the return with the elixir, which to Ip Man, is this spirit of benevolence. This, the elixir is a treasure that the Hero brings back from his journey.It can be physical or an idea. In most wushu films, the elixir can best be compared to attaining a zen-like state where the hero gains int ernal peace and harmony with the world around him. To conclude, as a part of the Hero’s Journey, the hero must obtain some form of treasure or elixir. For Huo Yuanjia, the treasure was discovering the essence of wushu. Before his journey, Yuanjia was certainly a strong martial artist, but through his journey, he realized that the true power in martial arts is the ability to avert conflict and better oneself.For Ip Man, the true lesson that he obtained was that you must cherish your abilities using them for good and that even one person can accomplish great things as an example to others, causing many people to unite and become great. As a nation with dramatic changes in the recent decades, China has recently learned this lesson power in unity and good leadership as well. In 1971, The People’s Republic of China gained a permanent seat on the UN Security Council. Since then, China has worked peacefully to become a world power, with an average annual GDP growth rate of ne arly 10 percent in the last 20 years.And finally, Beijing had the honor of hosting the world’s athletes in the 2008 Summer Olympic Games. China has grown into a world power, and as any hero knows, with great power comes great responsibility. Through this process that is found through a hero’s journey, the audience are also invited to explore the importance of these heroes and their entire process of becoming real heroes and draw lessons from them. The same is true for China as a nation that may grow and progress by learning from the empowering examples of heroes on screen such as Ip Man and Huo Yuanjia. .

Essay about Anti-Miscegenation Statutes in the United States

Analyze and evaluate each case independently by providing the following (about two paragraphs per case): In 1948, Andrea Perez, a Mexican-American woman, and Sylvester Davis, an African-American man,filed a lawsuit against the Los Angeles County Clerk W.G. Sharp (Perez vs. Sharp, October 1, 1948).Earlier, they had sought a marriage license from the Los Angeles County Clerk’s Office but were denied such because Perez was racially classified as white and Davis as negro. â€Å"In this proceeding in mandamus, petitioners seek to compel the County Clerk of Los Angeles County to issue them a certificate of registry (Civ. Code,  § 69a) and a license to marry. (Civ. Code,  § 69.) In the application for a license, petitioner Andrea Perez states that she†¦show more content†¦For that reason, legislative classification or discrimination based on race alone has often been held to be a denial of equal protection. Yick Wo v. Hopkins, 118 U.S. 356 [6 S.Ct. 1064, 30 L.Ed. 220]; Yu Cong Eng v. Trinidad, 271 U.S. 500 [46 S.Ct. 619, 70 L.Ed. 1059]; hill v. Texas, 316 U.S. 400 [62 S.Ct. 1159, 86 L.Ed. 1559]. In 1958, two residents of Virginia, Mildred Jeter, a black woman, and Richard Loving, a white man, were married in the District of Columbia.. They got married in Washington D.C. because in their home state of Virginia the law still forbade interracial marriages, known in those days as miscegenation. After their marriage, they lived together in Caroline County, Virginia. The couple was then charged with violating the states anti-miscegenation statute, which banned inter-racial marriages. In 1959 they were found guilty of violating the law and both were sentenced one year in jail, although they were promised the sentence would be suspended if they left the state and did not return for 25 years. The Equal Protection Clause of the United States Constitution (Constitution) prohibits classifications drawn by any statute that constitutes arbitrary and invidious discrimination. The fact that VirginiaShow MoreRelatedThe Statutes Pave V. Alabama Loving V. Virginia Essay1364 Words   |   6 PagesAssignment 2: The Statutes- Pace v. Alabama Loving v. Virginia Ashlee R. Hall PAD 525: Constitution Administrative Law Dr. Lee January 29, 2012 Was there ever a period in history where interracial marriages and sex among people of different races was considered illegal? As absurd as this idea sounds, the answer is yes. Astonishingly, less than 40 years ago marrying someone of a different race was considered illegal. Black people could not be with white people- it justRead MoreLoving V. Virginia, Introduction, Facts, Legal Background1567 Words   |  7 PagesVirginia to marry, or to live as husband and wife. Prior to the 1967 case of Loving v. Virginia, many states had laws that banned the intermarriage of whites with black or other minorities. The United States has a long history of the existence of anti-miscegenation laws that forbid interracial marriage. 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