Essay on American Constitution - 2296 Words

Denzel Ngo William Davis Political Science 101 20 April 2011 Term paper The significance of the fact that the Nevada Constitution is lengthier than the U.S. Constitution is insurance for the state. The Constitution assures the states of its problems and its issues. The Nevada Constitution was approved on the first Wednesday of September 1864. In the state of Nevada, the significant fact that lengthens our Constitution from the U.S. Constitution is the gaming Constitution. The gaming Constitution needs to be addressed when congress or any other political parties speak about Nevada. The state of Nevada operates most of its residual income through entertainment, hotels, and gambling. In almost every hotel in Nevada, slot†¦show more content†¦These cities are important to the state of Nevada because of the income they generate from the gaming industry. The Nevada economy runs through the taxes on gambling. Unregulated gaming was common place in the early Nevada mining towns but outlawed in 1909 as part of a nation-wide anti-gaming crusade. Nevad a re-legalized gaming on March 19, 1931, with approval from the legislature. Re-outlawing gaming has never been seriously considered since the industry has become Nevadas primary source of revenue today. The U.S. Constitution is significant in its own way because it has been around longer than the Nevada Constitution. The rules of the land Nevada sits on were founded through the U.S. Constitution. The Constitution of the U.S. established a government that has been in operation longer than any other government in the world. While features of the governments of England, The Netherlands, and Denmark have operated for a longer period, their forms of government have totally changed. The U.S. established the Constitution based on governments from European countries. Comparing the U.S. and the Nevada Constitution, the Constitution with the most protection towards individual’s rights is the U.S. Constitution. The U.S. Constitution is protects individuals of their rights at a higher extent. Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or ofShow MoreRelatedThe American Constitution And The Constitution1197 Words   |  5 PagesLet take a look at some of the compromises and challenges the Founding Fathers had to overcome when they set out to rewrite the American Constitution. The government built upon the Articles of Confederation was failing and change was needed. The American Constitution would not have been adopted without compromise over very difficult topics such as slavery, size and structure of government, taxation, elections, and governing responsibilities. The Federal and States balance of authority and divisionRead MoreThe Constitution And The American Constitution1141 Words   |  5 Pagestheir mistakes and promptly followed up by making quite possibly the most successful constitution ever in 1776. To ensure that American citizens would enjoy their new freedom, our founders kept in mind what John Locke had said in his An Essay Concerning Human Understanding â€Å"life, liberty, and property,† by coining â€Å"life, liberty, and the pursuit of happiness† into the final draft of the constitution. The constitution is important because it â€Å"exists to protect the rights of all citizens, and has noRead MoreThe American Constitution Essay2253 Words   |  10 PagesPolitical Science 300: The American Constitution 12/01/2016 Marijuana Throughout the history of the republic, there has been controversy between state and federal power. The state and federal power has been an ongoing dilemma regarding the separation of powers since the beginning of the constitution. An issue was brought to the Supreme Court of the United States (SCOTOS) that could change the future of upcoming court cases. There has been question whether the Constitution grants certain laws as voidRead MoreAmerican Constitution2557 Words   |  11 PagesPO 201 – American Constitution Oct 15, 2012 1. The most general definition of politics would be the process by which values are authoritatively allocated for a particular society. More specifically that allocation speaks to the process where it is decided when, what, who, and how resources are distributed. Many would say that politics is no more than the art of governing humanity through deception, and some would even go as far as to say it is nothing more than conducting public affairsRead MoreExample Of The American Constitution927 Words   |  4 Pages  The american constitution is frequently all the conjured Concerning illustration the framework from claiming american democracy, yet parts about it need aid often underestimated. Robert Dahls book may be a helpful update that the american constitution is far starting with the best could be allowed foundation to equitable framework - Whats more that it may, indeed, a chance to be significantly starting with an perfect gas one.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Dahl recognizes those constitution in the light of the authenticRead MoreThe Uniqueness of the American Constitution858 Words   |  4 PagesThe Uniqueness of the American Constitution We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. This document, written more than 200 years ago is still the backbone that allows America to be an example of freedomRead MoreAmerican vs Guatemalan Constitution1344 Words   |  6 PagesAmerican Constitution Vs. Guatemalan Constitution A comparative study The American Constitution has as its precedent, the event when Thomas Jefferson wrote most of the Declaration of Independence in 1776.  Ã‚   Its purpose was to announce to the world that the 13 English colonies in North America  had decided to become independent from England to start a new country; where their own ideals and precepts were held to make and American Union. The U.S. Constitution states fundamentalRead MoreThe Development of the American Constitution Essay510 Words   |  3 PagesThe Articles of Confederation were approved by all the early American states in 1781, but by 1787, it was apparent that the Articles were insufficient for the young nation to operate on. A convention was formed with the priority job being to revise the Articles of Confederation; however, they only concluded that an entire new structure was needed to fulfill the demands of the growing country. The Constitution was then born. The Constitution provided the structure of government and power that was neededRead MoreThe Genius of the American Constitution1000 Words   |  4 Pages The Genius of the American Constitution Since the advent of human government, one of the principle fears held by the constituents of the government has always been to prevent any form of tyranny or abuse within it. Tyranny can be loosely described as one person or a group of people having total power in a government leading to the subjugation and oppression of people’s rights. Many new nations wish to eliminate any aspect of their government that may eventually lead to tyranny. The United StatesRead MoreHow Democratic Is The American Constitution Essay1616 Words   |  7 PagesDemocratic is the American Constitution? is how effective the Constitution is at promoting the ideals of a democracy. For Dahl, there are several issues surrounding the Constitution, from its drafting, to its ideology, to its relevance. By analyzing Dahl’s critiques of the Constitution in terms of the parallels that exist between factions and the two-party system, the issue of unequal representation, and the necessity for the Framer s to compromise on their ideals to ratify the Constitution, Dahl defined

The Morality of Lying in Contrast to the Philosophies of...

The young girl gazes at you helplessly from within the tangled wreckage. You witnessed the crash – a massive truck careened into a minivan as it passed on the highway, killing the driver on impact, and virtually tearing the girl in half. Now she hangs from the car, held together by the seatbelt. Her nervous system critically damaged, she can’t feel much pain, but she knows that her situation is not optimal, to say the least. She is six years old – she probably doesn’t understand the concept of death. As you stare equally helplessly into her fear stricken eyes, the only words that you can muster are: â€Å"Don’t worry, everything will be okay.† This is obviously a lie – there is absolutely no chance that the dying girl will indeed survive and†¦show more content†¦For this paper, it is necessary to distinguish several of those forms, which vary in severity. First, there is the simple white lie, which is defined as â€Å"a trivial lie that is told for diplomatic or well-intentioned reasons.† These are typically inconsequential responses made in an effort to preserve one’s feelings, such as in the clichà © case of a spouse asking, â€Å"Do these jeans make me look fat?† They rarely have any lasting effect, and are, for this argument, considered moot. On the other side of the scale is the outright lie, also known as deception, which is â€Å"a sender intentionally trying to get someone to believe something that the sender knows to be false† (Gass Seiter, 1999). These lies are the sort that have most often garnered scorn, as they are typically malevolent (or at the very least, selfis h), and utilized to serve a personal end. We will see that this is not always the case, but for the sake of argument, the â€Å"outright lie† will begin as an evil. Lying, as a whole, is perceived negatively, because it is most commonly used in negative instances because the sender wants to protect themselves from pain and embarrassment. It is the attempt to avoid punishment or retribution that spurns most people to lie, and therefore, the concept of speaking such an untruth became associated with the consequences of something injurious, and is frowned upon. TheShow MoreRelatedJustification for Kant’s Moral and Ethical Views in A Grounding for the Metaphysics of Morals1639 Words   |  7 PagesImmanual Kant, unlike David Hume, aimed to establish an absolute system of morality based upon reason. Kant’s conceptions regarding what is moral and how someone should behave ethically, are often seen as contradictions to those proposed by Hume, who holds an empirical s tance. As mentioned, Kant emphasizes the necessity of basing morality on a priori principles; he puts faith in the power of human rationality and believed that reason alone, not feeling, is a key to advancing human morality. An ethicalRead MoreKant s The Categorical Imperative875 Words   |  4 PagesKant believed that good intentions count. He also thought that the morality of an action is determined by the intentions behind it rather than its consequences. Kant tells that courage isn’t good by itself, but good when combined with good intentions. In Kant’s eyes, consequences are irrelevant to assessments of moral worth. He believed the only appropriate motive for moral action is a sense of duty. Sense of duty is doing something solely because it is the right thing to do, not just acting purelyRead MoreDescribe the Main Principles of the Two Normative Ethical Theories of Deontology and Utilitarianism. Compare and Contrast the Two Theories, Bringing Out Any Problems or Limitations You See in Each.1652 Words   |  7 PagesDescribe the main principles of the two normative ethical theories of deontology and utilitarianism. Compare and contrast the two theories, bringing out any problems or limitations you see in each. Bioethics Essay †¢ Intro: Define ethics and define and introduce the two theories. (philosophical theories†¦) †¢ Utilitarianism- example †¢ Deontology- example- compare †¢ comparing- evaluating and critically analyzing*- similarities and differences. †¢ Limitations and positives* Read MoreKantian Ethics and Christian Ethics1400 Words   |  6 PagesKantian Ethics and Christian Ethics Immanuel Kant the founder of the Categorical Imperative (CI) argues that morality is based on standards of rationality. Therefore, to act in disaccord with the CI is to act irrationally or immorally. In comparison to Christianity, to act immorally is to act in disagreement with Gods laws. Kants CI is formulated into three different ways, which include: The Universal Law Formulation, The Humanity or End in Itself Formulation, and The Kingdom of Ends FormulationRead MoreAssiginment 1 Ethical1713 Words   |  7 PagesWeather or not making the right choice could result in any consequences. Two ethical theories that will be discussed and compared that are relevant to Mike’s situation are Kant’s ethics, the concept of morality acting of good will and duty. Also, the theory of Utilitarianism an ethical philosophy meaning ‘actions is morally right if consequences of the actions lead to happiness’ (Stuart, 2009). These two important theories will be analyzed and discuss in the relevance to Mikes options, for his situationRead MoreThe Moral Dispute Of John Stuart Mill And Immanuel Kant1500 Words   |  6 Pagesand argument will be explored further in this review along with the works of some of his successors. The Moral Dispute John Stuart Mill vs Immanuel Kant Philosopher John Stuart Mill’s theory highlights utilitarianism and Kantian theory would be the total opposite. Mill’s position links happiness with morality and focused solely on the outcomes of an action. Philosopher John Kant’s theory emphasizes the importance of rationality, reliability, and neutrality with highlights onRead MoreMax Weber s Politics As A Vocation860 Words   |  4 Pagesdifferent tasks of politics can only be solved by violence†, stated Max Weber in his lecture â€Å"Politics as a Vocation† (Weber 4). In order to participate in politics, an individual will inevitably encounter times when they must break with traditional morality. An ethic of ultimate ends is not realistic or plausible for the field of politics, particularly when it is followed steadfastly. An ethic of responsibility is more compatible with politics, as it allows the response to a situation to be determinedRead MoreAn Exposition of Kants, Arendts, and Mills Moral Philosophy2785 Words   |  12 PagesArendt’s, and Mill’s Moral Philosophy Immanuel Kant adheres to Deontological ethics. His theory offers a view of morality based on the principle of good will and duty. According to him, people can perform good actions solely by good intentions without any considerations to consequences. In addition, one must follow the laws and the categorical imperative in order to act in accordance with and from duty. Several other philosophers such as Hannah Arendt discuss Kant’s moral philosophy. In her case study:Read MoreIs Kantian Moral Philosophy Inferior?2034 Words   |  9 PagesKantian Moral Philosophy Superior To Utilitarianism And Feminist Ethics? Kantianism, Utilitarianism and Feminist ethics are the three main theories in the field of morality. The assumptions and arguments made by the respective theories vary in their approach. This paper examines the different theories and highlights the strength and weakness of each with examples. The goal of this paper is to support my claim that Kantianism provides a more substantive answer to the question of morality and goodRead MoreAn Exposition of Kant‚Äà ´s, Arendt‚Äà ´s, and Mill‚Äà ´s Moral Philosophy2808 Words   |  12 PagesArendt’s, and Mill’s Moral Philosophy   Immanuel Kant adheres to Deontological ethics. His theory offers a view of morality based on the principle of good will and duty. According to him, people can perform good actions solely by good intentions without any considerations to consequences. In addition, one must follow the laws and the categorical imperative in order to act in accordance with and from duty. Several other philosophers such as Hannah Arendt discuss Kant’s moral philosophy. In her case study:

Baker v. Osborne Legal Review Free Essays

Thomas Baker and others bought new homes from Osborne Development Corp. The new homeowners later filed a complaint against Osborne Development Corp. for multiple construction defects in the houses they purchased. We will write a custom essay sample on Baker v. Osborne Legal Review or any similar topic only for you Order Now The complaint alleged causes of action for strict liability, and other breaches of contract, and negligence. Baker and the other homeowners had along with the home purchases signed a builder application form containing the following language: â€Å"CONSENT TO THE TERMS OF THESE DOCUMENTS INCLUDING THE BINDING ARBITRATION PROVISION contained therein. † By signing the application, the homeowners were presumed to have â€Å"agreed to the terms of the warranty. † (Baker v. Osborne Development Corp. , 2008). The question posed is whether the new homeowners are bound by the arbitration agreement they signed, or whether they could just sue Osborne Development Corp. in court. The Fourth Appellate District of the California Court of Appeal answered both questions in its 2008 decision when it held that arbitration provisions in the HBW 2-10 warranty were â€Å"unenforceable,† because they were â€Å"unconscionable. † The warranty was unconscionable because the arbitration language was broad and did not â€Å"clearly and unmistakably† reserve the sole authority to decide whether the arbitration provision was enforceable to the arbitrator. The arbitration provision was procedurally unconscionable because it was hidden in a booklet not available when Baker executed the warranty application. It was substantively unconscionable because it was solely intended to benefit Osborne, as Osborne would have no reason to sue Baker after the close of escrow. In NCR Corp. v. Korala Associates, Ltd. , (2008), the court of Appeals weighed the issue by determining the scope of the arbitration agreement based on the reason that a party should not be compelled to arbitrate a dispute which it has not agreed to arbitrate. To determine whether or not a case is arbitrable, the Sixth Circuit looked at the allegations in each count of the complaint to determine whether the agreement was a necessary part of each claim. The standard used by the Sixth Circuit was this; whether â€Å"an action could be maintained without reference to the contract or relationship issue† (NCR Corp. v. Korala Associates, Ltd. , 2008, p. 4). If it could, then it is likely to be outside the scope of the arbitration agreement. Going by the Court decisions in Baker and NCR, the homeowners are not bound by the arbitration clause, and are therefore free to pursue damages in a court of law. References Baker v. Osborne Development Corp. (2008) 159 Cal. App. 4th 884 [– Cal. Rptr. 3d –] NCR Corp. v. Korala Associates, Ltd. , No. 06-3685, 2008 WL 140978 (6th Cir. Jan. 16, 2008) How to cite Baker v. Osborne Legal Review, Papers

Chief Executive Officer of Fortescue †Free Samples for Students

Question: What Is The Work Is Chief Executive Officer Of Fortescue? Answer: Introducation The chief executive officer of Fortescue Metals Group Ltd who is known as Mr. Forrest was declared some information on behalf of the company to the Australia securities exchange. This action amounted to a representation that was aiming at the current investors and other willing investors (Forrest v ASIC, 2011). It bears noting that the information that was passed by the director Mr. Forrest was sourced from a document which had the company seal of Fortescue Metals Group Ltd. Fortescue Metals Group Ltd had been given the exclusive sanction to engage in mining activities in Western Australia. However, so that they could find good use of the iron ore it was imperative that they construct a railway line which was purposed to transport the iron ore minerals being mined to Port Hedland where a port would be constructed. Fortescue Metals Group Ltd made three different contracts with Chinese companies for the railway construction. Mr. Forrest wrote a letter which gave a clear detail of the contents of the agreement that was made between Fortescue Metals Group Ltd and China Railway Engineering Corporation (CREC) which is among the companies that was expected to construct the railway to Port Hedland (Australian Securities and Investments Commission v Fortescue Metals Group Ltd, 2011). Mr Forrest proceed to make a statement to the media explaining that the agreement that Fortescue Metals Group Ltd entered with China Railway Engineering Corporation (CREC) was binding in the two parties and a certain price was made with China Railway Engineering Corporation agreeing that it will suffer any risk thereafter. The information that Mr. Forrest explained to the media did not give the complete details of the agreement. During the media briefing Mr. Forrest made acclamations that the price was competitive although he did not give sufficient details to explain the price details of the agreement suggesting that it was confid ent information. While performing its duty mandated by the law, the Australian Securities and Investments Commissions main allegation was founded on section 1041H of the Act, which stated that the director of FMG was in breach of that provision by giving information that amounted to misleading and deceptive conduct (Corporations Act 2001). The allegation that was made by the Australian Securities and Investments Commission is that Mr. Forrest had breached the duties of a director envisaged in Sec 180(1) of the Corporations Act 2001. Director Duties Breached A director has a duty under the common law and statutory through section 180(1) to act with due diligence and care as they carry put their mandate in a company (ASIC v MacDonald, 2009). The duty to exercise due diligence is also expected from an officer of the company officer who is involved in the management activities of the company such as decision making. Conversely, the director has a duty to ensure that all his actions are anchored on the idea that the best interest of the company is always the priority of all actions and any action must be made for the sole benefit of the company (Lagunas Nitrate Co v Lagunas Syndicate, 1899). When acting for the company it is the duty of the director to exercise reasonable skill and care. It is instructive to note that the corporations act has given a director a duty not to take part in misleading or deceptive conduct (Corporations Act 2001 s1041H (1)). The duty of a director not mislead or deceive has also been envisaged under section 12DA ( 1) of the Australian Securities and Investments Commission Act 2001 gives the commission power to bring an action and prosecute any director that is found culpable of misleading and deceiving conduct. The duties of a director under Australia Law serve to vigilantly safeguard the interest of the shareholders in the company. It is imperative to note that an action for misleading and deceptive conduct will succeed if the representations of the director had a negative effect on the target audience causing loss or damage (Taco Bell of Australia Inc. v Taco Bell Pty Ltd, 1928). It is not sufficient to prove misleading and deceptive conduct if the targeted audience merely made fanciful inferences that could not have emanated from the alleged misleading and deceptive conduct (AstraZeneca v GSK, 2006). It is interesting to note that in the case of Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (2010) held that a director will still be held to have breached the duty not to mislead or deceive in trade or commerce despite the fact that the audience did not respond to the representation or they did not suffer any harm. Arguments: Reason for Breach The submission by the various parties in this tried to show whether there was a breach of any of the director duties under the corporations act especially whether Forrest exercised the duty of care and due diligence which is ordinarily to be done by a reasonable being during similar corporate position, by making the announcements concerning the company. At the proceeding, the main ground of claim made by Australian Securities Investments Commission (ASIC) against the Fortescue Metals Group Ltd (FMG) was that the company and the director Mr. Forrest acted in contravention of section 1041H of the Corporations Act by engaging in misleading and deceptive conduct. The Australian Securities Investments Commission further argued that their misleading and deceptive engagement amounted to a breach of the legal duties of a director running a company in Australia. The agreement that Mr. Forrest purportedly declared was a binding agreement between Fortescue Metals Group Ltd (FMG) and the China Railway Engineering Corporation (CREC) was misleading and deceiving the investors. The ASIC also argued that the statement that CREC would undertake to construct the railway by giving the appropriate finance for the construction and that the agreement was made in writing and signed between the two parties was misrepresentation. In fact ASIC averred before court that the preceding statement was not even included as a term in the written agreement purportedly insinuated by Forrest the director. Further, ASIC also pasted that CREC was not even contracted to construct railway because there was no any enforceable contract recognized in law passing to them a contractual obligation. On the other hand, ASIC argued that the statement that was made by Forrest which has the supposition that there was a binding and enforceable contract between his company where he held the capacity of a director and CREC was not a true assertion and Mr. Forrest was liable for misleading and deceptive conduct under the Corporation Act 2001. The misrepresentation made by Mr. Forrest was purposed to deceive and mislead the investors by creating an abstract notion that there were contractual obligation between the two parties. On the contrary there was a considerable amount of evidence that FMG and Mr. Forrest failed to discredit because any attempt to prove that the assertion were actually statement of fact would make them not be liable for breach of duty. Although it is blatant that the intention of the party making a misleading and deceptive statement cannot be used as a test for determining whether the director breach the duty, it suffices to say that Mr. Forrest section was premised on an factual intention to deceive and mislead. The ASIC in fact persuaded the court that assertions proclaimed by Mr. Forrest were mere statement of opinion which easily attracts the liability of misleading and deceptive action. Reason for Judgment The issue that presented to the court was mainly a determination of if there was a breach of s 1041H of the Corporations Act which amounts to a misleading and deceptive conduct. The defendants in the case were Mr. Forrest who was alleged to have breached his duties as a director of a company. The other claim that was presented to the court was whether the conduct that Mr. Forrest engaged in through making false representations with intent to deceive and mislead the investors of the company. They also had to establish the truth behind the assertion made by Mr. Forrest that there was an agreement and it was binding upon the two parties. The court was also put to task to establish whether the representation made by Mr. Forrest amounted to a fact or an opinion. The court also sought to determine through application of legal tests whether a reasonable person who was having a similar position as Mr. Forrest would have acted in the same way he did. It bears noting that the judges has reason to believe, on a balance of the legal and academic opinions, that the representations made by Mr. Forrest could be regarded as a statement of opinion and therefore they were misleading and deceptive. The majority of the judges however noted that whether the representations represented a fact or an opinion was a trivial matter that should not affect the decision of the court but the cardinal duty of the court was to safeguard the interest of current investors and potential investors. The unanimous view was that the sole duty of the judges was explain if section 1041H of the Corporations Act has actually been contravened by the director and intention of the director was not a issue for determination of the court since it was not necessary to evince liability. The agreed decision by the entire court was that Forrest was not liable breach of his duties that have ben placed on him according to the law. According to the court the proclamations made by Forrest that the there was a legal a greement entered to by CREC and FMG was not misleading and deceptive. This is premised on the fact that Forrest made the assertions in good faith and reasonable people could not believe that the information that he passed was false. The decision was surprising because the evidence adduced by ASIC was persuasive and convincing but the decisions of the court carried the day. Conclusion The duties f a director that formed the flesh of this study is the duty not to give misleading and deceptive information, duty of care and due diligence and duty to act in the best interest of the company. The high court, however, majorly concentrated on the duty to avoid misleading and deceptive practice. It bears noting that these duties have been envisaged under section 180 of the corporation act 2001. The statutory law and common law in Australia has created a created great significance in the duties of the director. He is expected to practice his fiduciary duties and act in the best interest of the company activities and not to satisfy his own selfish interest. The director should also be competent in his duties. The high court in Forrest case although they ruled in favor of FMG and the director insisted on the importance of the duties of a director. It can be conceded that examining the inference underlying the response of the target audience to the misleading representations i s entirely a question of fact. Accordingly, it has ben held in the case of ACCC v Telstra (2004) that when proving whether a director gave a misleading or a deceptive information, it is vital to examine the knowledge of the audience that was being targeted and whether they mere merely made a wrong assumption. In the end although the sanctions on the director duties are clear in the corporations act and other enabling legislations the burden of proofing such cases is still left on a balance of probability and this satisfies the conclusion that was arrived at by the court that there was no any breach of the director duties. On whether the audience of the message which were the investors were actually deceived the court held that it would not matter there response but a reasonable person will reasonable believe the representations made by Forrest to be true. Reference ACCC v Telstra (2004) 208 ALR 459 ASIC v Macdonald (No 11) [2009] NSWSC 287 AstraZeneca v GSK [2006] ATPR Australian Securities and Investments Commission v Fortescue Metals Group Ltd (2011) 190 FCR 364, 375 [23] Australian Competi-tion and Consumer Commission v Singtel Optus Pty Ltd [No 3](2010) 276 ALR 102 Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) Australian Securities and Investments Commission v Fortescue Metals Group Ltd [No 5] (2009) 264 ALR Corporations Act 2001 (Cth) Forrest v ASIC (2014) 276 ALR 102 Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd (1984) 2 FCR 82 Lagunas Nitrate Co v Lagunas Syndicate [1899] 2 Ch. 392 Taco Bell Co of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177,