Tuesday, January 28, 2020

Law Case Digest Essay Example for Free

Law Case Digest Essay In 1977, four loans from Allied Banking Corporation which is enclosed by four promissory notes amounting P100, 000 each was acquired by Elias Q. Tan, then President of Lapu-lapu Foundation, Inc. The bank was inhibited to file with the Regional Trial Court of Cebu City, Branch 15, a protest in looking for payment by Tan and the foundation, jointly and solely, of the sum of P493, 566. 61 representing their attorney’s fees and costs, loan obligation, penalty charges, exclusive of interests. For the reason that as of January 23, 1979, Tan and the foundation were not able to pay the whole obligation with a total of P493, 566.61 and regardless of the demands made on them by the Bank. The foundation denied of acquiring the indebtedness from the Bank as their answer to the complaint. They said that the loans were obtained by Tan in his personal capacity, for his own use and benefit and on the strength of the personal information he provided the Bank. The Foundation upheld that it never gave Tan authorization to co-sign in his place as its President any promissory note and that the Bank is fully aware that the loans contracted were made in Tan’s personal capacity and for his own personal use and benefit and that the Foundation never benefitted, directly or indirectly in any way or manner, thereof. The Foundation then interjected a cross-claim against Tan declaring that he, going beyond his authority, should be solely liable for the said loans, and a counterclaim against the Bank for damages and attorney’s fees. For Tan’s part, he admitted that he committed the loans from the Bank in his personal capacity. The parties, however, agreed that the loans were to be paid from the proceeds of Tan’s shares of common stocks in the Lapu-Lapu Industries Corporation which is a real estate firm. The loans were covered by promissory notes which were automatically rekindled every year at an amount which includes the unpaid interest, until the time that Tan would be able to pay the same amount from the proceeds of his abovementioned shares. According to Tan, the employee of the Bank required him to attach two signatures on every promissory note, giving him guarantee that the loan documents would be filled out in accordance with their agreement. Yet, after he signed and delivered the loan documents to the Bank, these were filled out not in accord with their agreement, wherein the Foundation was included as party. Further, previous to its filling of the complaint, the Bank made no claim on him. After the trial, the court handed over judgment. First, obliged Tan and the Foundation to pay jointly and solely to the Bank the principal obligation for the four promissory notes in the amount of P 493, 566.61 which includes all their charges included in the same, with 14% interest per annum, computed from January 24, 1979 until the same are fully paid, with an additional 2% service charges and 1% monthly penalty charges. Second, the court obliged Tan and the Foundation to pay jointly and solely, attorney’s fees in the equivalent amount of 25% of the total amount due from them on the promissory notes, including all charges and lastly, both Tan and the Foundation are obliged to pay jointly and solely proceedings expenses of P 1,000.00 plus costs of the suit. The CA supported with modification the judgment of the court by deleting the award of attorney’s fees in the favor of the Bank so that there will be no bias. The petition for review on certiorari was filed by Tan an d the Foundation. ISSUE: 1. Whether Tan and the foundation should be held jointly and solely liable. 2. Whether the foundation gave Tan an apparent authority to deal with the Bank. RULING: 1. As it is in the doctrine of corporate entity, the court did not make a mistake in holding Tan and the Foundation jointly and solely liable. Given these circumstances Tan representing himself as the President of Lapu-Lapu Foundation Inc., Tan opening a savings account and a current account in the name of the corporation, signing the application form as well as the necessary sample signature cards twice for himself and the Foundation, and Tan submitting a notarized Secretary’s Certificate from the corporation, attesting that he has been authorized to sign for and in behalf of the Lapu-Lapu Foundation any and all checks, drafts or other orders with respect to the Bank; to perform business with the Bank, negotiate loans, agreement, obligations, promissory notes and other commercial documents; and to initially acquire a loan of P100, 000.00 from any bank – Tan and the Foundation cannot hide under the corporate veil. Because of the transactions Tan entered on the behalf o f the Foundation, the Foundation is deemed liable. 2. According to the Secretary’s Certificate, Tan, the President, was given supposed and clear authority by the Foundation to, among other things, deal with the Bank. For that reason, the Foundation is prohibited from questioning the authority of Tan to attain the subject loans from the respondent Bank. Since it is a known doctrine that if a corporation knowingly allows one of its officers, or any other agents, to act within the scope of a noticeable authority, and holds him out to the public as someone who holds the power to do those acts, the corporation is prohibited from denying the agent’s authority.

Monday, January 20, 2020

How to Reduce the Rate of Domestic Violence Essay -- Preventing Domest

As professional athletes remind us on a weekly basis, domestic violence is a social problem which continues to plague the nation. Through stricter law enforcement, improved hospital reporting techniques, and nationwide education and counseling, this problem can be reduced. Domestic violence has many different names such as, family violence, battering, wife beating, and domestic abuse. All these terms refer to the same thing, abuse by marital, common law, or a dating partner in an intimate relationship. Domestic violence is not limited to physical beating. It is any behavior that is intended to overpower and control another human being through the use of humiliation, fear, and physical or verbal assault. Domestic violence is a very important issue in today’s society because it has such a profound negative affect on the abused, mentally and physically. Verbal abuse can be just as damaging as physical abuse. Verbal abuse is words that attack or injure an individualâ€℠¢s self-image, which eventually shatters one’s self-esteem. In this paper, I will discuss the many kinds of abuses against women, the reasons why women stay in these relationships, and possible solutions to diminish or reduce the problems of domestic violence. There are many forms of domestic violence but the more prevalent types that I will discuss are physical abuse, verbal abused, psychological abuse, sexual abuse, social abuse and economical abuse. Every nine seconds, a husband physically abuses his wife in the U.S. (Schwartz & Scott, 2003). Physical abuse is any action that is taken against another person that inflicts pain and harm in order to control or intimidate whether in public or private. Pushing, slapping, punching, biting, kicking are just so... ...ple. Journal of Family Violence. Vol. 20, pg. 219 Retrieved March 1, 2015. Henslin, J. M. (2008). Social problems: A down-to-earth approach (8th ed.). Boston: Pearson. Kurz, D. (1998). Women, welfare, and domestic violence. Social Justice. Vol. 25 pg. 270. Proquest Direct database. Retrieved February 25, 2015. Roberts, A. R. (2007). Domestic Violence Continuum, Forensic Assessment and Crisis intervention. Families in Society. Vol. 88, pg. 42. Proquest Direct database. Retrieved February 25, 2015. Schwartz, M. A., & Scott, B.M. (2003). Marriage and Families. New Jersey: Prentice Hall. Simpson, L.E., Doss, D.B., Wheeler, J., Christensen, A. (2007). Relationship violence among couples seeking therapy: common couple violence or battering. Journal of Marital and Family Therapy. Vol. 33, pg 270. Proquest Direct database. Retrieved February 25, 2015.

Sunday, January 12, 2020

The Pride of Zeus

In Greece and Asia Minor around 2000 B. C. there existed a common belief in a group of deities. Of this group of deities were twelve Olympians who were immortal. From that group of Olympians came the most dominant and commanding God known to immortals and mortals alike. That Olympian god was Zeus; the son of Titans Cronus and Rhea. When Zeus had grown to maturity, he waged war against his father with his disgorged brothers and sisters as allies. The battle was of epic proportions, Zeus fighting from Mt. Olympus, Cronus from Mt. Othrys. This is Mark Morford’s interpretation of Zeus’ rise to power, which he’d argue is a story of, â€Å"The Hero and the Quest† (Morford, 76). While there is no arguing Zeus’ supremacy, it is easy to argue his intentions. Zeus has been labeled as a selfish God; a God who looks only after his bests interests. There is no arguing Zeus is an egocentric God. But being the most powerful God, it’s difficult to place blame on him. However, there is more to Zeus than his powerful facade. Zeus may always be looking out for his best interests as seen in the poem, Leda and the Swan, but he is aware of the existence of the other Gods and mortals. It is because of this that I believe Zeus not only tries to appease himself, but also every other living soul on Earth at the time, whether they be brothers or sisters, sons and daughters, or Gods and mortals. While others may declare these are patterns of evilness and destructiveness, I believe it’s more than anything the pride of Zeus which justifies his actions. In Homer’s great Epic, â€Å"The Iliad,† the presence of Zeus affected every action taken or avoided in some shape, way, or form. His allowance of other gods intervening in the war at times strengthens the idea that he is all-seeing and all-powerful, due to the fact that the other gods' intervention inevitably led fate back onto its original course. But, we’re talking about Zeus; God of all Gods. He refuses to be undermined, and if ever he needed could destroy the Earth with a single creation. That frightening thought was almost made a reality in Hesiod’s â€Å"Pandora† from his poems Works and Days. In the myth, Zeus creates the first woman, who is capable of the destruction of mankind. Obviously Zeus is a very contradictive character. On the one hand, he possesses a number of powers that mankind can benefit from, as seen in his role in, â€Å"The Iliad. † On the other hand, he owns a number of negative qualities, among which greed probably the most significant one, made significant in his role in, â€Å"Pandora. † Through it all, Zeus remains true to himself. And while at times he may be viewed as chaotic, the prideful Zeus never backs downs from any God or any mortal. In the era of Homer, divine intervention was thought to be typical, and one of his foremost works, â€Å"The Iliad,† reflects this. Nearly all of the Greek gods are involved in the outcome of the Trojan War, which happens to be the background story of this epic poem. The gods are used by Homer to add twists on an otherwise standard plot of war. Zeus, very untypical of a Greek god in his lack of involvement in the Trojan War for his own reasons, was portrayed as the father figure, being impartial and fair to both sides of the war. He remains this way to serve as a check for each god's involvement in the war. Without his presence at the head of the inner circle of Olympus, it is likely that the activity of the Trojan War would become chaotic, possibly even becoming a recreational war for the gods. With Zeus's majestic power, above all of the other gods combined, along with his experience, he is quite befitting to his role in the storyline of The Iliad. The role of Zeus in Homer's Iliad is one of moderator and the overall director of all that occurs in this story. His position was to ensure that whatever fate decreed would happen. Without his presence, the story would likely become a war for the gods instead of the Greeks and Trojans. Zeus stayed impartial throughout almost the entire epic in contrast to the other gods, who would scheme and contrive plans for the sides that they chose to ally with. For example, Hera, his wife, chose to display the more typical actions of a Greek divinity. Paris, a Trojan prince, chose Aphrodite as the fairest over Hera and Athena, and this infuriated her, and she went to no end to try to help the Greek army defeat the Trojan side. However, Hera recognizes the superiority of Zeus over herself as well as the rest of the Olympian gods. Hera is obviously the subservient god, even becoming afraid and ceasing speaking when Zeus orders her under the possible occurrence of him laying his â€Å"invincible† hands on her. She does try to undermine his power by trickery, slyly getting him to sleep while her and her brother, Poseidon, god of the seas, influence the war in the favor of the Greeks (Homer, 201). However, when Zeus awakens, his reemergence into the picture effectively eliminates the other gods from intervening in the war due to his sheer will and backing power. This is another of your evil schemes, you unmanageable creature! † said Zeus (Homer, 210). â€Å"You shall soon find out if you get any good by your loving and your bedding and by coming all this way to deceive me! † (Homer, 210). The opposing gods were mainly Apollo and Artemis, twin brother and sister. They favored the Trojan side, and were constantly turning the tide in favor of the Trojans. Apollo respected Zeus and his enforcing of the laws of fate, however, and kept fate as it was deemed to be. An example of this is when Achilles' servant, Patroclus, tries to take the city of Troy. Before Patroclus was allowed to wear Achilles' armor into battle, he promised only to drive the Trojans away from the ships and not to take an offensive against the city of Troy. Only the reflection of Patroclus by Apollo's shield three times prevents this. This lack of moderation shown by Patroclus, as well as the deeming of death before the end of battle by fate, granted by Zeus, leads to his death. Patroclus replied, half fainting, â€Å"For this once, Hector, make your proud boast; for you are the victor, by help of Zeus and Apollo, who mastered me an easy thing† (Homer, 245). Zeus serves as an enforcer of fate in the epic, giving no ground to anyone, even his blood relatives. Zeus also shows no mercy to mortals in The Iliad. His own son, Sarpedon, was allowed to die at the hands of Patroclus while Zeus looked on, unwilling to break fate and save even his own son. Zeus was debating whether or not to take him from the battlefield, but Hera convinced him by expressing the feelings other gods would have, namely anger. She told him that he would not be praised and that other gods would possibly take their loved ones out of battle as well. Zeus was confined to his own sorrow because he was not willing to take his son out of the battle. Zeus was able, however, to have Apollo take his body from the battlefield and take him back to Lykia, where he could be buried as a hero. Zeus also wanted a respectable and honorable death for Hector, the Trojan hero, and was infuriated when Achilles decided to desecrate the body of Hector. This epic ends when Hector's body is ransomed back to the Trojan side to the pleasure of Zeus, making prevalent the presence of all-powerful Zeus. Zeus has an overriding presence in The Iliad, sometimes not directly present, but always in the mix. He is the only presence in the epic that stresses the Greek ideals of moderation and fate. The Greeks believed in the ideal of moderation, and the essence that moderation was the key to becoming a better person. Fate also could not be avoided in the eyes of the Greeks, and when fate was trifled with, bad things happened, as they did when fate was trifled with in The Iliad. The presence of Zeus in the epic affected every action taken or avoided in some shape, way, or form. His allowance of other gods intervening in the war at times strengthens the idea that he is all-seeing and all-powerful, due to the fact that the other gods' intervention inevitably led fate back onto its original course. In the eyes of the Greeks, the Trojan War was a spectacular event to the mortals, but to the gods, it was nothing more than a mere petty struggle. However, the idea of fate must be kept under all circumstances, and Zeus was the overseeing power in that ensured this in â€Å"The Iliad. † While Zeus’ role in the Iliad can be viewed as more passive or submissive, his role in Hesiod’s creation myth â€Å"Pandora† can only be viewed one way: oppression. When Zeus, the king of the Olympian gods, was young and trying to establish his rule, he was challenged by a group of ferocious Titans, who tried to keep him from gaining power. A long and terrible war ensued, with all the Olympian gods joined against the Titans, who were led by Cronus and Atlas (Morford, 76). After ten years of fighting, and with the help of the Cyclopes and the Hecatoncheires, Zeus and his fellow Olympians defeated the Titans. Only a few Titans, including Themis, Prometheus and his brother Epimetheus, fought on the side of Zeus – against their fellow Titans – and once Zeus won, he rewarded them. But soon Prometheus made Zeus very angry by stealing fire from Mount Olympus and giving it to the race of mortal men living on earth, who were cold and hungry. Zeus had warned Prometheus not to give fire to men, and was outraged that anyone had the nerve to ignore his command. In the Theogony (507-616) Hesiod tells the stories of Prometheus and his conflict with Zeus, with the human race as the pawn in this gigantic clash of divine wills. Hesiod goes on to describe the dread consequence of Zeus’ anger at Prometheus for his theft of fire (Theogony 570-616): Immediately he contrived an evil thing for mortals in recompense for the fire. The renowned lame god, Hephaestus, fashioned out of earth the likeness of a modest maiden according to the will of the son of Cronus. When he had fashioned the beautiful evil in recompose for the blessing of fire, he led her out where the other gods and mortals were, exulting in the raiment provided by the gleaming-eyed daughter of a mighty father. Unlike his role in â€Å"The Iliad,† Zeus is now acting in a state of vengeance. Hesiod provides another account of Prometheus in the Works and Days (47-105); the evil is now specifically named. She is Pandora, which means, â€Å"All gifts,† and she has a jar. Zeus is viewed as the oppressor to mankind in â€Å"Pandora,† while Prometheus can be viewed as the benefactor. Pandora was created for one reason, to punish mankind as a goal for revengeful Zeus. Zeus cannot and will not tolerate anybody going behind his back for any circumstances. He will go to such great lengths to ensure he remains the leader of all Gods, again, showing the pride he has for himself. From the beginning he was faced with opposition, and once he overcame that, he proved his worth. For the rest of his life, he was not going to let anyone be of aggravation to him. Another side of the many faces of Zeus is shown in William Butler Yeats’ poem Leda and the Swan. The poem is based on the mythological story about the rape of Leda, a mortal woman who was married to the mortal man, Tyndareus, but the god of gods, Zeus, wanted to have her. Zeus was known for taking advantage of women by posing as various animals, like a bull, or like objects, such as a shower of gold. When he chose to have Leda, he took the form of a swan. The poem tells of the actual situation of Zeus having sex with Leda in the shape of a swan. The lines â€Å"How can those terrified vague fingers push the feathered glory from her loosening thighs? â€Å"(Yeats, 25) show that his power is far greater than hers, and she cannot fight to stop him, and â€Å"A shudder in the loins engenders there† (Yeats, 25) describes Leda becoming pregnant with Helen, who is to become the most beautiful woman alive, and is courted by thousands of men. Zeus has many affairs with beautiful women and goddesses, even if they are unwilling. Even though he hides his evil intentions in the form of a swan, he will stop at nothing to accomplish his goals, and takes great pride in doing so. To try to put an explanation on all of Zeus’ actions would be an impossible task, as classical scholars and philosophers have dedicated entire lives to it. My interpretation of all of Zeus’ actions seems to have one underlying theme, and that is Zeus is a very prideful person. He is the Supreme Being among the gods of Olympia. He is capable of anything, but yet allows those who spoil him to live. He sends harsh messages to those that need to be put in check, and even helps mortals live a balanced life. While many of Zeus’ good deeds go unnoticed, his character remains unscathed to all of those around him. The pride of Zeus always remained at an elevated level. Quite simply, he is the most powerful being in Greek mythology, and his motive for all his actions could be summarized in a quote from C. S. Lewis: â€Å"Pride is a personal commitment. It is an attitude which separates excellence from mediocrity. † Being the God of gods, Zeus has no room for mediocrity. Only excellence will be accepted, and his pride is correlates directly to that.

Saturday, January 4, 2020

Social Change in The Human Project Essay - 756 Words

Some of the social changes discussed in this paper are from the book The Human Project; others are social changes I have seen in my everyday life. I will also discuss the views of modernist, conservatives, and post-modernist. I will give a brief idea of what I think Multiculturalism is and how it has effected me in the good ways and bad ways. I am a minority myself being from an East Indian household, I was born in Canada. I have been through much discrimination growing up in a middle class; English speaking, white neighbourhood, but more then me, my parents have had it much harder. My First memory or discrimination is when I was six years old and my dad had taken me and my siblings swimming at a public swimming pool where two white†¦show more content†¦In India I would be gong to school with mostly boys, all of the same religion and same social ranking. Our clubs and teams would mainly be people of the same religions. Here in Canada I go to school with people of many different backgrounds and this is what I love about Canada. My neighbour is Italian, the people that live in our basement are black and my friends come from many different backgrounds. This gives me a opportunity to learn and teach about different religions. In the text The Human Project they discuss the the two different conceptions of equality. The first of the two is Formal Equality. Formal equality believes that everyone should be treated the same regardless of race culture, education, class and social standing. The second concept is Substantive Equality. Substantive Equality recognizes that to treat people equally there must be accommodations to there differneces. For example if two candidates applied for the same job but on candidate was from a minority group then, the minority should get the job. A good example of formal equality and substantive equality is the example of the Muslim taxi driver who refused to let a blind women bring her dog into the cab. Some Muslims believe that dogs are unclean and they do not want dogs in their cabs. The taxi driver is practicing to a conception of formal equality. Yet, in the Koran it specifies thatShow MoreRelatedThe Orion Shield Case Analysis Essay1629 Words   |  7 PagesThe Orion Shield Project Case Study Executive Summary Project management is the science of planning, organizing, executing, and managing the resources needed to achieve a specific goal. Effective project managers (PM) strategically facilitate the entire project management process to ensure the project’s success. To do this the PM must adequately meet the specific requirements (i.e., time, scope, quality, and cost) set forth by the project and its stakeholders. 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