Profile of a Leader Colin Powell Essay - 1085 Words

â€Å"It’s not where you start in life, it’s where you end up and all the places you went in between.† (General Colin Powell) Excellence: is the ultimate goal of every leader. Leaders are not born with it, rather they must build it, achieve it. These leaders are the building blocks of every organization. General Colin Powell is the embodiment of an American leader. After years of military excellence, he continued his career on a political level, retiring after 35 years of servant leadership. In his retirement, General Powell wrote his autobiography My American Journey. This narrative outlines his life achievements and failures. In this paper, General Colin Powell will be defined in the context of achieving excellence, starting with how he was†¦show more content†¦And his example spurred the other boys to admit their guilt.† This act of honesty saved him, Powell writes, â€Å"My parents beamed. From juvenile delinquent, I had been catapulted to hero. Something from that boyhood experience, the rewards of honesty, hit home and stayed.† (Vinnedge 2009) This was his first step in developing the honorable character that all strong leaders must have. The lesson of honesty, he learned that day, has helped Powell many times. The special kind of courage it takes to stand up and face your faults, develops with wisdom. This was different from the courage Powell displayed in his first and second tours in Vietnam. After he commissioned as an officer, from the ROTC program, he was sent to South Vietnam, as a military advisor. While on patrol, he was wounded by stepping on a punji stake- a sharpened bamboo stake, typically tipped with poison, set in a camouflaged hole in the ground as a means of defense. (KHAN 2000) The large infection made it difficult for him to walk, and caused his first tour to be shortened. During his second tour he was decorated for bravery after he survived a helicopter crash, and single-handedly rescued three others, from the burning wreckage. (Powell 138-140) The experiences in Vietnam affected him profoundly, especially the My L ai Massacre which he was charged with investigating. He says, â€Å"The involvement of so many unprepared officers and noncoms led to breakdown in morale, discipline, and professionalShow MoreRelatedThe USAF and Future Leaders3289 Words   |  13 PagesThe USAF invests a lot of time and money in developing future leaders. In fact it established four schools geared toward developing its enlisted force at different levels of leadership. Those schools are the Airmen Leadership School (ALS), Non-commissioned Officer Academy (NCOA), and Senior Non-Commissioned Academy (SNCO), and the Chief School. All four schools focus on developing the leadership and management skills needed to supervise, manage, and lead people at each level of responsibility. 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But what is it about religion that binds all these areas togetherRead MoreArab Nationalism and Syria Essay3250 Words   |  13 Pagesafter the turn of the 20th century, Ottoman authorities, fearing the growth of Arab Nationalism, clamped down on Greater Syria. This repression did not succeed in stopping the Arab independence movement. Many Syrians supported Sharif Hussein, the leader of Mecca in the Arabian Peninsula, in his efforts to achieve full Arab indolence from Ottoman control. Hussein and Arab nationalist believed that the British would back the establishment of independent Arab states in the Eastern Mediterranean afterRead More Affirmative Action Essay4934 Words   |  20 Pagesbiologically, to colored people and this stereotype needs to be done away with. Affirmative action does this by placing giving min orities the opportunity to set higher goals and standards of living, and by competing with white people for the same high profile jobs. Some may say and I agree with them to an extent that affirmative action may cause more racial tension in the work place rather than help do away with it. White people will often have a racial bias towards his employees that are minoritiesRead MoreBlood Bananas10217 Words   |  41 Pagessplattered in blood.2 In 2004, Chiquita voluntarily admitted criminal responsibility to the U.S. Justice Department that one of its Colombian banana subsidiaries had made protection payments from 1997 through 2004 to terrorist groups. Consequently, a high-profile investigation and legal trial followed. In 2007, Chiquita entered into a plea agreement to resolve the criminal prosecution. 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Illegal Immigration In The United States Essay - 1217 Words

National Issues Paper: Illegal Immigration There are more than 10 million illegal immigrants living in the United Sates, and each day that number is increasing by 1,400 illegal aliens. An illegal immigrant is a foreigner who either illegally crossed an international political border, whether it was by land, sea or air, or whether it be a foreigner who legally entered a country but nevertheless overstayed their visa in order to live and/or work there. The two focal attractions that the illegal immigrants perceive in the U.S are superior job opportunities, and better living for their families. Several businesses in our Nation are eager to hire cheap, submissive manual labor from overseas. Such businesses are hardly ever penalized due to†¦show more content†¦In addition, several immigrants are demoralized and countless others die in their struggles to cross the border. Various border patrolmen have not only had the need to kill, but have been killed. The borders are clearly unsafe, and with approximately 1,400 immigra nts crossing it everyday the U.S is very vulnerable to being in great danger and when the borders are vulnerable, the entire nation is vulnerable. If the borders were more secure, then the number of illegal immigrants sneaking into the country would reduce which would reduce many of the other issues that illegal immigrants cause. To stop the immigration issues, the nation must stop those issues at its core, being the borders. When the borders are taken care of, the issues that come along with them will also be taken care of. Not only do illegal immigrants crossing the border cause border control issues, but they also cause critical national security issues by jeopardizing the safety of the US citizens. For example, in September of 2007, forty-one illegal immigrants with gang ties to the Mexican Mafia, Sureno 13, and the Latin Kings were detained for severe crimes in Northwest Arkansas. A number of of the gang members had been previously deported, however, crossed the border illegal ly yet again. If a drastic number of deported immigrants are able to cross the border more than once, it is only a matter of time until a terrorist comes along and does a great amount of damage to theShow MoreRelatedIllegal Immigration And The United States1573 Words   |  7 Pagesmillion illegal immigrants currently residing in the United States furthermore, for the United States economy. The correctional prerequisites against migrants were added to enactment to protect it from feedback that acquittal is absolution without outcome. Immigration makes a difference among everybody, and Congress ought to be doing everything in its energy to make it as simple as feasible for settlers to live and work lawfully what s more, openly in the United States. 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In a debate that is becoming increasingly more polarized, Brown sought to protect illegal immigrants against

Central London Property Trust Limited and Decisions

Queston: Discuss about the Central London Property Trust Limited and Decisions. Answer: Introduction: For this part of the assignment, advise as to be given to Bertini Italian Restaurant concerning the lease contract that has been created between the restaurant and Garland Properties Pty Ltd.Garland owns a large commercial property. The restaurant has been given on lease to Bertini on monthly basis but the restaurant wanted to have a long-term contract. As a result, Bertini asked them if the lease of the premises could be for a period of 10 years and an option to renew the lease for the next 5 years. But in this case, Garland did not agree for a lease of 10 years. When the negotiations for the lease were going on, it became clear that Garland was going to offer Bertini a lease for five years only. But in this regard, Garland had told Bertini that it is required to me considerable refurbishments on the property before the beginning of the lease and to the satisfaction of Garland. Garland said that this was being done in order to ensure that the restaurant is of the same standard when compared with the other restaurants that were open the same commercial complex. But Bertini was not sure if they were in a position to be the expenses for the refurbishments, especially if the lease for 10 years was not granted by Garland. It also needs to be pointed out that the cost for the refurbishment was nearly $2 million. Under these circumstances, Garland stated that although it was not going to give a lease for 10 years but if Bertini signed the lease for five years, and it also refurbished the restaurant in accordance with the wishes of Garland before the start of Melbourne Expo, Garland stated that it will certainly keep in mind the interests of Bertini when it was the time for the renewal of the lease. It was also mentioned by the representatives of Garland that they were allowing a lease for five years only to ensure that the lease aligns with the lease provided to the other tenants of the complex. However, in the lease agreement that there was no option for renewing th e contract, but it has been stated that the landlord had been given notice to the tenant if the disease was going to be renewed by the landlord or if the landlord was going to allow the tenant who occupied the premises on monthly basis or if the landlord wanted the tenant to vacate the premises after the expiry of the lease. In the present case, then six months were left in the expiry of the lease, Garland informed Bertini that the lease was not going to be renewed and as a result, Bertini had to vacate the premises. Under these circumstances, the issue arises is in the present case, Bertini can rely on the statement of Garland when it had assured Bertini that it was going to keep in mind the interests of the company at the time of the renewal of the lease. Moreover, Bertini had relied on this promise and spent nearly $2 million for the refurbishment of the restaurant. In Commonwealth v Verwayen (1990) and effort was made by the High Court to unify the law in this regard under the doctrine of unconscionability. On the other hand, Estoppel under the common law deals with the rules of evidence. Estoppel by judgment, common law estoppel, estoppel by representation and estoppel by convention are included in it. Estoppel by judgment is known among the lawyers as res judicata. In this regard, equity requires that a party cannot be allowed to raise an issue in the subsequent proceedings if it was possible to raise such an issue during earlier proceedings. Estoppel by deed, prevents the parties from denying a representation that was made by it in the recital of the deed. Similarly, estoppel by convention prohibits the parties from denying the agreed order to resume the state of facts on the basis of which, relations between the parties have been created. Under the common law estoppel, the parties are not allowed to deny their conduct while estoppel by repr esentation imposes a prohibition on the parties that they cannot deny a representation affect that was made by them earlier (Bryan, 2012). In Commonwealth v Verwayen (1990), the court had talked about the limitations placed on the promissory estoppel when the appropriate relief has been mentioned by the court as minimum equity to do justice. Under these circumstances, it is clear that promissory estoppel is based on the representation that has been made by a party regarding future. It has the capability to create new rights for the parties relating to property. It also needs to be mentioned that this doctrine is based on unconscionability. Promissory estoppel arises in a situation where the conduct of a person has resulted in an expectation by the other person that such a person is going to obtain an interest in land from the first person. As a result of such an expectation, the person alters its position or acts to its detriment. In such cases the law provides that equity is in favor of such a person. However, the nature and extent of equity has to be decided on the basis of the circumstances of each case. Hence, it can be said that there are two main heads for the doctrine of estoppel. These are assurance, reliance and detriment. Wide variations may exist regarding the quality of assurance that is needed in order to gi ve rise to expectation (Fitzpatrick at al., 2016). But it can be said that evidence is needed for establishing the following propositions:- that A has given or going to give an interest in the property to B and (ii) A nose regarding the expectation of B and (iii) A detriment has been incurred by B due to the reliance on such expectation and it is also great expenditure on the property or given up rights concerning the real property (iv) the expectation can be legally passed on by A to B and (v) B was interested by A or at least A was aware of the detriment that B was going to suffer. Although the heads of proprietary estoppel appeared to be a matter of president and logic that needs to be decided reasonably, not much certainty exists concerning the remedies that may be available to the other party. When promissory estoppel is proved, in most of the cases the remedy granted to the other party is an order made by the court affecting the gift by the conveyance or transferring the interest. When such conveyance or transfer cannot be made effectively, the law requires the promisee to make do with the lesser remedy of equitable charge. On the other hand, when proprietary stopper is established on the basis of a representation to transfer an interest in as a result of land, the main remedy is not to fulfill the promise by transfer on conveyancing the interest but stripping the profit made by the promisor as a result of its unfulfilled promise. In view of the above mentioned discussion, in the present case it has to be considered if Bertini can be allowed to rely on the promise that was made by Garland. In this case, an interest in property was given by Garland to Bertini. The interest in land was in the form of a lease. Similarly, Garland also knew regarding the expectation of Bertini that the lease will be at least extended for the next 10 years. It has been clearly demanded by Bertini that the lease with the extended for ten years. As a result, Garland was well aware of the expectation of Bertini. On the basis of this expectation that the lease will be extended for the next five years after the first five years have expired, Bertini made an expenditure of $2 million for refurbishing the restaurant according to the expectations of Garland. Moreover, Garland also wanted to refurbish the restaurant before the start of Melbourne Expo so that it becomes comparable with the other properties. On the other hand, it was difficult for Bertini to spend $2 million for refurbishing the restaurant especially if the lease was not extended for 10 years. Under these circumstances, Garland at given an assurance to Bertini that after the expiry of the first five years, Garland will take care of Bertini's interests. As a result, Bertini had relied on the expectation that the lease will be extended for the next five years and made an expenditure of $2 million. Similarly, it can also be stated that the need to incur the detriment or to make the expenditure was encouraged by Garland. As a result, now Garland cannot claim that the did not knew regarding the expectations of Bertini. Consequently, Bertini can rely on promissory estoppel and made Garland extend the lease for the next five years. In case of equitable estoppel, that is also known as the estoppel by acquiescence or promissory estoppel restrictions imposed by the court in Jordan v Money (1854) are not applicable. Especially the High Court had considered the effect of the doctrine of promissory estoppel in several cases. Therefore in Legione v Hateley (1983), the High Court had acknowledged that promissory estoppel can act as the basis of a claim and at the same time, it can also be considered as a defense. But keeping in view the facts of this case, the Court was of the opinion that the plaintiff was relying on the statement which cannot be considered as sufficiently promising. Another important case related to these facts is Waltons Stores (Interstate) Limited v Maher (1988). In this case the court acknowledged a plane that was made on the basis of promissory estoppel. Although in this case, the had not rejected the decision given in Jordan v Money but it came up with equitable principle that has been used by the court in Central London Property Trust Limited v High Trees House Limited (1947). As a result, in this case, the party was not allowed to deny the presence of the representation regarding the exercise of existing contractual rights. These principles are further elaborated by the court in Bank Negara Indonesia v Hoalim (1973) and this decision was also approved by the court in Saleh v Romanous, 2010 as they applied to the rights of the parties which were not present in earlier but that have appeared as a result of the change in the position by the representee. In Waltons Stores, the majority had come up with different estoppels. Mason CJ and Wilson J, and Brennan J had come up with a separate judgment in which they decided this case on the basis of promissory estoppel. However, in the judgment delivered by Deane and Gaudron JJ, the conclusion was based on the grounds of, what a presentation made by the appellant or, on the basis of the induced assumption that has been made by the respondent concerning the fact that the contract in dispute was in fact present (Cooke, 2000). The practical difference that is present between equitable estoppel and promissory estoppel may result in different remedies. It is worth mentioning at this point that according to the common law, a right is not created on the basis of estoppel. The right arises as a result of the state of facts that have been discovered by the court. But in case of equitable estoppel, equity is created that in itself is the source of rights. Under the common law, the estopped party is n ot allowed by estoppel to deny a fact, for example, the presence of a contract, theoretically the other party may bring your cross-claim concerning the contract for breach. However a remedy like equitable compensation is not provided by the equity. It can be paid by the estopped party and it is limited to compensating the detriment that the other party has suffered. Advise Garland by focusing in particular on issues of collateral contract, promissory estoppel and remedies A collateral contract arises between the parties when a promise has been made by one party that is independent from the main contract. The consideration for this promise is entering into the contract by the other party. A collateral contract needs to be established strictly. Similarly, a collateral contract is created only on the satisfaction of these two requirements. It should be promising in nature, the contract is made for the purpose of inducing the other party to enter the contract and it should be consistent with the terms of the main contract. The standard bargain theory provides that a promise cannot be treated as binding unless the other party has paid a price in return. This price can be in the form of a promise or an act. Similarly it can be in the form of money also. However in some cases, even non-contractual promise may create binding obligations. The doctrine of promissory estoppel provides that like other equitable remedies, the grant of this remedy is also discretionary. Now proprietary estoppel is treated as a part of general equitable estoppel. In case of proprietary estoppel, there is doing or something, which is believed by a person to provide the right to land, for example by erecting a building or making some improvements, and the real owner of the land can be estopped from claiming that such person does not have any right over the property. It also needs to be mentioned that as against other jurisdictions, estoppel can be used as a cause of action as well as a defense in Australia. Hence, in Australia, the promissory estoppel can be used as a sword, and also a shield. It is only in Australia where the concept of equitable estoppel can be found. It is due to this fusion of areas separate heads of estoppel that took place in Walton Stores v Mehar. When promissory estoppel is claimed, the party that has made the representation is estopped from enforcing the contract if doing so will be inequitable or unconscionable because the other party had relied on such representation (Handley, 2006). In Walton Stores (Interstate) Ltd v Maher and Another (1988) 76 ALR 513, Mr. and Mrs. Maher owned certain commercial property. Walton stores had entered into negotiations Maher for the release of the property. For complying with the requirements of Walton's, Mahers decided to demolish the old building and erect a new building on the property that was being made according to the specifications given by Walton's. Walton's also advised Maher's that they should try to complete the new building by 15 January, 1984. In this regard, the parties also agreed to extend the time for the completion of the building. The parties also decided the rent of the building and the terms of the lease. The solicitors of Walton's gave Maher's a draft agreement for the lease. Maher's solicitor told the other solicitors that Maher's wanted to complete the agreement within the next one or two days. But later on, Walton's decided that they do not want to lease the property of Maher's. Maher's initiating action in the Supreme Court of NSW while they sought a declaration that a binding contract is present. Between the parties and similarly they also wanted the specific performance of the contract or if this was not possible, damages. The court at the first instances decided the case in their favor. The court stated that as a result of the common law estoppel, Walton's cannot be allowed to deny that an agreement is present between them. Therefore the court order damages to be paid by the Walton's. An appeal was made to the NSW Court of Appeal, but it was also dismissed and as a result, an appeal was made to the High Court by the Waltons. The legal issue before the court was if the Walton's can be estopped from claiming that a contract has not been concluded between them regarding the lease of the property. The High Court also dismissed this appeal. Although the judges gave separate decisions, but with the exception of Mason CJ and Wilson J, all of them thought that the Walton's, cannot be allowed to deny the presence of an enforceable agreement related with the lease of the property even if they have not signed the formal contract. In view of the legal rules mentioned above and relevant case law, in the present case, it can be concluded that Garland Properties Pty Ltd cannot be allowed to claim that a contract is not present between the parties for extending the lease of the restaurant for the next five years after the initial period of five years has expired. As a result, in this case, even if Bertini are not providing any consideration to support the promise made by Garland for extending the lease of the property for the next five years, still this promise can be enforced against Garland. However, Garland can claim that it is not liable to pay $200,000 that Bertini was going to earn as ordinary profit as well as the $100,000 as exceptional profits. References Bryan, M., (2012) Almost 25 years on: some reflections on Waltons v Maher 6 Journal of Equity 131 Cooke, E., (2000) The Modern Law of Estoppel, Oxford University Press Fitzpatrick J, Symes C, Veljanovski A, and Parker D 2016, Business and Corporations Law (3rd edition), LexisNexis Butterworths, Australia Handley, KR, (2006) Three High Court decisions on estoppel 1988-1990 80 Australian Law Journal 724 Handley, KR, (2010) Further thoughts on proprietary estoppel 84 Australian Law Journal 239A Bank Negara Indonesia v Hoalim (1973) 3 PCC 27 Central London Property Trust Limited v High Trees House Limited [1947] KB 130 Commonwealth v Verwayen (1990) 170 CLR 394 Legione v Hateley (1983) 152 CLR 406 Saleh v Romanous [2010] NSWSC 274 Silovi Pty Ltd v Barbaro (1988) 13 NSWLR 466 Waltons Stores (Interstate) Limited v Maher (1988) 164 CLR 387

Seepage Tank Lab Report Essay Example

Seepage Tank Lab Report Paper Measure the water level (head) difference. 2. Once the flow reaches its steady state (i. E. When a constant outflow rate is maintained), record the elevation head (by reference to an arbitrary datum such as the base of the tank) and the pressure head at each viscometer. Also measure the water and sand levels (relative to your datum), and the dimensions (length, depth and width) of the tank. 3. By injecting a small dose of dye just below the surface of the sand (against the glass) on the upstream side, trace the path Of the flow line by marking its movement with time on the glass. . Observe the change in velocity of the flow as it travels from the upstream sand surface to the downstream sand surface. Explain Why the velocity increases as the flow gets closer to the barrier wall and reduces as it moves away from the wall. 5. Repeat the above to trace a few more flow lines with an aim to provide enough information to assist you to sketch a flow net. Comment: LAMINAR FLOW note the flow through the sand is laminar as the path traced by each shot of dye is a streamline flow and is not dispersed as in a turbulent situation. Confirm this by putting a shot to dye into the sand but this time away room the glass. The dye will reappear at a mirror position on the other side of the barrier wall. Also note that the now from the sand surface to the outlet on the right side is also a streamlined flow. 6. Measure the outflow rate by using a beaker and a measuring cylinder, Convert this flow rate to litter per second per meter width of the tank. 7. With the preceding flow line information, sketch a flow net (to scale) to represent the seepage flow in the sand. . From the flow net, calculate the discharge (per meter Width Of the flow net model). The k value of the sand can be estimated from the Hazes Equation low: k = 100 0210 where k is in units offs/sec, and DISC in units of CM (DID of the sand is posted near the model) 9. Compare this calculated discharge with the flow rate measured in (6). Suggest reasons for the difference (if any), 10, Based on the flow net, calculate the total head at each viscometer, Compar e each calculated value with the one measured in (2). We will write a custom essay sample on Seepage Tank Lab Report specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Seepage Tank Lab Report specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Seepage Tank Lab Report specifically for you FOR ONLY $16.38 $13.9/page Hire Writer A small dose of dye is injected just below the surface of the sand on the upstream side and the path of the flow line is traced by marking its movement with time on the glass. The final result when all the dye emerges at the downstream side is shown in Figure 1. Figure I : Traced glow Lines 4. The flow velocity increases as the flow gets closer to the barrier wall and educes as it moves away from the wall. This is because as the flow rate is constant (Conservation of mass) while the area of the flow cross section decreases when it gets closer to the barrier wall, the flow velocity increases. This is best understood by referring to the continuity equation, Alternatively, it can also be explained by referring to the equation , where the k value is constant while the hydraulic gradient i defined by AL/L increases because the head difference is constant while the flow length L becomes shorter when it gets closer to the barrier wall. 5. The final result when all the dye emerges at the downstream side is shown in Figure I _ 6. The outflow rate is measured by using a measuring cylinder _ It is measured 3 times and averaged for a more accurate result. The results are shown in Table 2. Measurement Average Flow rate (l,sec) 4. 17 Table 2 : Flow rate measurement The result is converted to mm/sec per unit width as shown below 7. With the preceding flow net information, a flow net is sketched and presented in Figure 3 of the attached Appendix 1. 8. From the flow net in Figure 3, the flow rate is calculated as shown below.