Case of Diane Pretty before European Court of Human Rights - 1650 Words

The Case of Diane Pretty before the European Court of Human Rights (Essay Sample) Content: My opinion of the caseNameInstitutional AffiliationMY OPINION OF THE CASEThe Case of Diane Pretty before the European Court of Human RightsOn 29th November 2001, the House of Lords gathered together to consider the case of Diane Pretty. Considering the issue had been presented in the high court about a month prior specifically on 18th October 2001, this was fast without a doubt. The explanation or justification certainly was that Mrs. Pretty suffered from motor neurone disease. According to Cour Europenne Des Droits DE LHomme European Court of Human Rights (2002) and Lord Bingham of Cornhill, this was a gradual irreversible deterioration, and loss of function in the organs or tissues disease from which (Mrs. Pretty) had no expectation of healing. With only a short duration to live, Mrs. Pretty faced the possibility or likelihood of a shameful and upsetting death. Mrs. Pretty was psychologically conscious and wanted the chance to be allowed to decide how her death woul d come about and at a point and time of her choice. It is worth noting that not only was the director of public prosecution (DPP) privy to the details of the case, but also the home secretary as well as the court also obtained printed submissions from a Roman Catholic Archbishop including the medical ethics association, the society for the safety of unborn children and alert.Whats more, Mrs. Pretty wanted her partner to assist her in her death if her wish was granted. It is important to note that her husband wanted to help out, however, only if he was certain that he was not going to be put on trial in accordance with subsection 2(1) of the Suicide Act 1961 for helping and supporting his wifes suicide. Mrs. Pretty wanted the Director of Public Prosecutions to agree to her request that he would not take legal action against Mr. Pretty if he assisted her to take her own life; however, the Director of Public Prosecutions (DPP) declined to grant a go-ahead for such an activity. Mrs. Pre tty went ahead to apply for a judicial evaluation of that denial, and the Queens Bench Divisional Court supported the Director of Public Prosecutions judgment. According to Costa (2003), Diane Pretty maintained she had a moral authority to her spouses help in carrying out suicide which means that if subsection 2 of the 1961 Act, forbids his assistance and does not stop the chief in charge to take legal action then it is contrary to the European Convention on Human Rights [ECHR].My opinionArticle 3 preserves that one of the primary values of self-governing societies as well as its ban on the excluded treatment is unconditional. Therefore, it can be argued or concluded that it is independent to Article 2. This is because Article 2 necessitates that states should value and defend the lives of everybody, therefore Article 3 obligates the state to value both physical and individual honesty of such persons. Therefore, my view here is that Article 3 does not bear on peoples authority to be alive or to come to a decision not to be alive. As a result, it cannot be in my view to reasonably suggest that the director of public prosecutions or any representatives of the United Kingdom inflicted the forbidden treatment on Diane, whose pain was due to her brutal illness.During the hearing of the case, it was also debated or suggested that Article 8 (that discusses the right to respect for family and personal life) gave Mrs. Pretty the authority to independence, assuming the authority to decide how and at what time to depart this life. However, in my view, Mrs. Prettys rights were not betrothed for the reason that Article 8 has to do with the approach in which an individual conducts his or her life as well as their physical, ethical and mental honesty. It is important to note that the home secretarys barrister also supported this view. Therefore, the hit on Article 8 ought to not make the grade on grounds that the assurance under Article 8 forbids interfering with the approac h wherein a person directs his life and it does not concern the approach wherein he or she desires to depart this life.In the case, their Lordships touched in brief on Article 9 o...

Cell And Microbial Biology At The Catholic University Of...

I am a young Saudi woman with a BS in Biotechnology degree seeking admission to the MS in Cell and Microbial Biology at The Catholic University of America. I have recently completed my English language studies at University of Washington International English Language Programs, in preparation for my graduate studies, for I have been awarded with a scholarship that covers all tuition and living expenses for the duration of my stay in the U.S. and I intend to maximize on this opportunity by earning a MS in Cell and Microbial Biology degree from The Catholic University of America My motivation to pursue such a degree stems from my personal, academic and professional experiences, which have not only shaped my character and career goals, but have also led me to this stage in my life. Initially, when I decided to specialize my undergraduate studies in the field of biotechnology, a field that for long has been mostly occupied by men in my country, I knew that I was contending an unjust social norm that in large familiarizes and accepts only male scientists, researchers and innovators. While it is true that the mentioned norm has significantly diminished in large metropolitan cities and modern urban over the last few years, as Saudi universities have recently taken to presenting their female students with unprecedented choices of programs, especially within the sciences, the prolonged social and institutional impact of the mentioned social norm is still evident to this day. ToShow MoreRelatedShould Genetic Engineering Be Controlled by Law?2870 Words   |  12 Pa gescontrolled by law?† I chose this topic because I used to study medicine at my former university. And I’m also thinking of studying biology at HPU, so I felt I have to write something about this topic. Need I say more? It is a fundamental problem related to what we are. The genetic engineering always carries lots of ethical problems. Especially, when it comes to embryonic stem cells(ESCs) which are provided from abortion. Ethicists rage about the treatment of aborted embryosRead MoreAntioxidative Property of Soursop Leaf Extract2492 Words   |  10 PagesANTIOXIDATIVE PROPERTY OF SOURSOP LEAF EXTRACT A Research Proposal Presented to The Faculty of University of Baguio Science High School In Partial Fulfillment Of the Requirements for the Subject Research III Quimson, Crystal Ivy O. Osias, Dymphna Xel D. Choi, Brian March 2012 TABLE OF CONTENTS Title page. . . . . . . . . . . . . . . . . . . . . . . . i Table of contents. . . . . . . . . . . . . . . . . . . . ii CHAPTER I: THE PROBLEM Background of the Study . . . . . . . . . . . . . . .Read MoreThe Antimicrobial Effect of 100% Mature Psidium Guajava (Guava) Leaf Extract on the Growth of Pseudomonas Aeruginosa (Atcc # 27853)5916 Words   |  24 PagesTHE ANTIMICROBIAL EFFECT OF 100% MATURE Psidium guajava (GUAVA) LEAF EXTRACT ON THE GROWTH OF Pseudomonas aeruginosa (ATCC # 27853) A Research Proposal Presented to the Faculty of the College of Medicine Cebu Doctors’ University Mandaue City, Philippines In Partial Fulfillment of the Requirement Research in Medicine II Block I, Module 2 by: Avanceà ±a, Glory O. Booc, Mark Henry C. Burgos, Dan Samuel S. Cabang, Eloise Maxine B. Conopio, Arnel Y. Cordova, Jose Reginald K. Gozo, Leoniza Gloria SRead MoreFundamentals of Hrm263904 Words   |  1056 PagesYour WileyPLUS Account Manager Training and implementation support www.wileyplus.com/accountmanager MAKE IT YOURS! Fundamentals of Human Resource Management Tenth Edition David A. DeCenzo Coastal Carolina University Conway, SC Stephen P. Robbins San Diego State University San Diego, CA Tenth Edition Contributor Susan L. Verhulst Des Moines Area Community College Ankeny, IA John Wiley Sons, Inc. Associate Publisher Executive Editor Senior Editoral Assistant Marketing Manager

Destiny, Fate and Free Will in Homers Odyssey - Guidance...

Guidance, Fate, and Loyalty in The Odyssey nbsp; The Odyssey is an epic poem about a journey. After the Trojan War is won Odysseus leaves Troy for his home in Ithaca. However, the gods decide to test his courage and resolve and send him on a twenty-year odyssey. Odysseus courage is constantly tested as he struggles with the many obstacles the gods place before him. Although Homer depicted The Odyssey as a self-reliant journey, in reality the gods and other mortals guide Odysseus. It is his loyalty to and his love for his family that keeps him going. The Odyssey depicts Odysseus as he overcomes each obstacle through guidance, fate, and loyalty to his family. nbsp; nbsp;nbsp;nbsp; To Odysseus loyalty is the most important†¦show more content†¦Odysseus shows his purity and loyalty. By Odysseus bathing he is becoming pure and clean which shows he has nothing to hide from his family because of his loyalty. He does not let women jeopardize his mind and stays faithful. nbsp;nbsp;nbsp; Odysseus tests Eumaeus loyalty. Eumaeus, the swineherd, is one of the few servants who have stayed loyal for twenty years. As Odysseus tests Eumaeus, Eumaeus finally tires of hearing all the lies and tells Odysseus, You too, woe-worn man how Heaven has brought you here, do not by lying tales attempt to please or win me; since out of no such cause I show respect and kindness, but out of reverence for Zeus the strangers friend, and pity for yourself (139). When Odysseus lies to Eumaeus he refuses to believe them thus passing another one of Odysseus tests. This touch of dramatic irony helps the reader appreciate the loyalty of Eumaeus who only longs for the master that stands before him. nbsp; nbsp;nbsp;nbsp; Even though its Odysseus loyalty to his family that eventually gets him home even though the gods decide his fate. As Odysseus begins his journey homeward the gods send him on an odyssey. Odysseus fate is best described when he is told, Olympian Zeus himself distributes fortune to mankind and gives to high and low even as he wills to each... (58). Zeus decided Odysseus fate. Odysseus is sent on many smaller journeys while sent on hisShow MoreRelatedAnalysis Of Homer s The Odyssey 1342 Words   |  6 PagesNevertheless, loyalty can idealize as an extremity that extracts our thoughts and mental processes, which can make decisions coincide with ease especially considering who we can count on in times of need. Loyalty, many people may look upon it as actions but in all actuality it is what lies deep down inside of the mind, heart, beliefs, and character of a person. In Homer’s book The Odyssey, there is loyalty present from beginning to end and I would like to ex press how words imply loyalty on an aspectualRead MoreThe View Of Fate Over Free Will, And Vice Versa1599 Words   |  7 PagesArguments concerning the influence of Fate over Free Will, and vice versa, are not unique to our post-Enlighten mindset. Some of the greatest thinkers of all time, such as Aristotle or Plato, dealt directly with this issue in their numerous commentaries that we still look at today. Even within our Bibles we see Fate and Free Will actively playing roles within the famed stories and lives included in both the Old and New Testament. It’s not surprising, then, when we see similar themes relating to theseRead MoreEssay on The Odyssey21353 Words   |  86 PagesThe Odyssey Set in ancient Greece, The Odyssey is about the hero Odysseus long-awaited return from the Trojan War to his homeland, Ithaca, after ten years of wandering. The current action of The Odyssey occupies the last six weeks of the ten years, and the narrative includes many places - Olympus, Ithaca, Pylos, Pherae, Sparta, Ogygia, and Scheria. In Books 9-12, Odysseus narrates the story of his travels in the years after the fall of Troy, and this narrative includes other far-flung

Contract Law Flexibility Honesty and Fairness

Question: Discuss about theContract Lawfor Flexibility Honesty and Fairness. Answer: Introduction Contract law plays a significant role in the commercial activities of any Jurisdictions. The law has created rules of practice that ensure that promotes market fairness and efficiency among the traders in Australia. It is not in doubt that the law of contract has changed and evolved immensely over the recent decade with the legislature and the judiciary making major contributions to its growth. This research paper is thus poised to keenly investigate some specific facets of contract law in Australia, including their growth and application in the real commercial world. Further, the role that these laws have played to ensure honesty fairness and justices will also be discussed. It is imperative to note that there has been a fundamental and absolute sway from the traditional approach to several doctrines in contract to ensure that parties in agreements are not left on the loosing side of the scales of justice. The law of contract has since been made more flexible. It can be argued that it has grown to be more fertile in the recent past with the room for its reform equally burgeoning. Flexibility Honesty and Fairness in the Application of Contract Law The first doctrine that shall be observed is one that the courts have shown the willingness of not giving it the strict application that was bequeathed by common law. This element of contract law is referred to as the intention to create a legal relationship in business agreements. The traditional approach that had been hitherto embraced by the courts is the application of the rebuttable presumptions test. For social agreement the presumption was that the parties did not intend to create a legal relationship between them (Merritt V Merritt 1970). For commercial agreements the presumption was that the parties in the agreement had the intention the terms in the agreement will be legally binding .What is of interest is that to promote fairness and flexibility of the judicial decisions in Australia appear to be extinguishing the traditional doctrine of rebuttable presumption test to ensure that they address each matter that comes before it with an objective eye taking all factors into co nsideration. Among the recent case that seems to extinguish the traditional doctrine of rebuttable presumption to determine the intention of the parties is Gray v Gray (2004) where the courts have shown notable reluctance in applying the presumptions test. The case concerned a loan agreement between a mother and a child and the judges said that each case should be treated as different and special to determine the intention of the parties. The courts have also recently stated in Ashton v Pratt (2014) that the courts should objectively examine the circumstances of each case because a miscarriage of justice is likely to occur if the courts solely apply the rebuttable test. It can be observed from the above contentions that the courts are keen to ensure that the parties in commercial agreements and application of contract law are treated fairly and thus it seems indispensible that some old doctrines have to be given less or no attention at all. The doctrine of Privity in contract law is a formidable rule that dictates that it is only parties to a contract who can enforce a contract. In fact, in Trident General Insurance Co. Ltd v. McNiece Bros. Pty. Ltd. (1988) the rule has been that contracts cannot be made for the benefit of third parties. Some states in Australia have since eroded this doctrine and given life to the rule that a contract can also be made fro the benefit of a third party (Property Law Act 1974 (NT) section 56). It should be borne in mind that this position is however not uniform in all states. The idea inherent in this shift in legal position is that there commercial traders who end up losing a lot money during trade because of rigid doctrines that have been inherited from common law rules. Indeed the requirement of honesty and good faith in commercial agreements has been necessary in commercial contracts to ensure that parties in the contract are treated fairly. What seems to be an overridden doctrine which was also brought by the common law is Caveat emptor. This doctrine asserts that let the buyer be ware and the seller is not obliged to disclose any information. It has been argued that the doctrine had given ample opportunity for the sellers to practice dishonesty because the task of enquiring all the status of a particular commodity is an onerous one for the buyer. This implied that if the purchaser of a commodity found that the good is not in a good condition they could not seek for compensation because they did not check the quality of the product during the purchase. It is worth noting that this gave room for the seller to give misleading and deceptive information knowing that the buyer will not bring him or her to question. A more modern approached has been emp loyed in Australia which follows the principle that the let the seller be ware (caveat venditor). In this sense there have been provisions that have been developed lately in the Australia consumer law that mainly protect the consumers and require the sellers to give product safety guarantees on their products before they engage in any commercial dealings. Pursuant to section 20 Australia consumer law (2010) misleading and deceptive conduct in commercial trade and contracts is prohibited. The courts have embraced this approached given life by the legislature and have interpreted that parties engaging in a contract should be honest and ensure that all material fact are disclosed before parties sign a commercial agreement ( Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd 1988). It is apparent from the aforementioned assertions that the where a party to a commercial agreement is silent and fails to disclose material important facts required in the transaction, this will be regarded as dishonest and unfair. The general law in contract is that an agreement that has been duly signed by the parties to the contract is binding on them even when one did not read the terms of the agreement (L'Estrange v F Graucob Ltd 1934). This rule appears harsh and a remedy has been provided by the vitiating factors such as duress and undue influence. But the common law had not taken care of extreme cases where a consumer is seriously harassed by the seller, a condition that the Australian jurisdiction has said that is more detrimental than mere duress and undue influence. The legislature Australia came up with the provisions of unconscionable conduct in the Australia consumer law section 21(1) to ensure that they protect contracting parties from the harsh conduct that seeks to take advantage of another party who may be green on the subject matter that the parties are contracting. This provision of the Australia consumer law appear to be promoting fairness and honesty in the commerce and trade because if th e strict application of the general law that the contract is binding once has been signed is applied, it will be unfair to the innocent party who was induced to enter the contract and the harsh application of the law will amount to a mockery of justice. To promote fairness the courts have further held that the innocent party in the trade or commerce must show that the other party had a high bargaining power which he took advantage of (Kakavas v Crown Melbourne Ltd 2013). The forgoing assertions also have the effect of ensuring that the parties in a contract or any commercial dealing have the freewill to enter into any commercial dealing and that unnecessary pressure and inducement should not be applied to force a party to enter into an agreement. On the face of it, it may be apparent that pre-contractual good faith and honesty is not necessary in commercial dealing. In fact, traditionally English law did not have the desiderata of honesty and good faith between the parties before a contract was made (Walford v. Myles, 1992) Lately there has been a willingness and readiness that has been manifested by the judiciary to legislature to insist on the parties of an agreement or trade to uphold good faith and honesty before they enter into contract (Philips Electronique Grand Publique SA v. British Sky Broadcasting Ltd. 1995). This is not only the position of the united kingdom but Australia Consumer law has also a adopted a requirement of good faith and honesty in its provisions. Parties in a commercial dealing or trade are not supposed to engage in misleading and deceptive conduct before the contract has been formed. (Australia Consumer Law section 18). Misleading advertisements have been held to be contrary to the provisions of h onesty and good faith that is required of manufacturers and service providers. The courts have also had a high interest in ensuring that pre-contractual good faith is upheld as has ben demonstrated in Google Inc. v ACCC (2013) where the internet website Google was running advertisements on its website that were deceptive and misleading and did not reflect the true nature of the product. The court held that such a conduct was prohibited by law and found liability on the service provider in that case. It has been argued that a misleading and deceptive conduct can be in the form of assertions that lead an individual into an error or they could be false statements of fact that an ordinary person could reasonably not know the truth in them (Australian Competition and Consumer Commission v TPGInternet Pty Ltd 2013). This position has now become an overarching and formidable rule created by the judiciary and the legislature. This new rule on misleading and deceptive conduct seems to be rep lacing the tradition common law rule of misrepresentation of facts. Essentially the rule seeks to promote fairness and honesty in the contracts in commercial dealings and that the sellers should ensure that they are truthful in all their engagements in commercial trade. The general in contract law is that a contract will be invalidated where either of the party that signs the contract is a minor and has not attained the age of majority. It is assumed that such persons do not have the understanding of the implications of what they are singing to. The common law position is that contract with minors will only be of necessity items such as food and clothing (Nash v Inman 1908). What is particular significance to note is the fact that there has been some willingness among some states in Australia to accept contracts that are entered into by minors as valid. The test that seems to be applied here is that one of reasonableness and ability to have the sufficient reasoning required to understand the terms in the agreed contract. This has been seen to promote justice and fairness because some minors may be intelligent and industrious enough to enter into a commercial dealing. Additionally it has also been recognized hat it should be in the interest of justic e that a person who is mentally incapacitated to enter into contract to be allowed to make an agreement during their lucid moments. This may not be the universal position in Australia but there is a judicial willingness to adopt the rule into a permanent law in some states. From a biblical perspective in the book of Isaiah, the bible proclaims that those who will survive the punishment by fire must practice fairness and honesty while they avoid gaining any benefit through fraudulent activities and avoid doing what is morally wrong (Isaiah 33:14-17) Accordingly the bile in Proverbs 11:1 argues that the practice of dishonesty and impartiality are a disgrace to the lord. As such it is perfectly demandable and desirable that in commercial dealings and trade parties should ensure that they do not benefit from what is genuinely and legally does not flow from their efforts and as has been demonstrated by the recent contract law rules developed in Australia, the major aim is to breath life into the teachings of the Holy Book. Emerging Trends The idea of electronic contract has not been there in the past because there was in development of technology case may be in the recent times. According to Martin and Jaques (2001) electronic contracts have been facing the major challenge of ensuring that they comply with the capacity provisions that are required of the traditional contracts that are made by pen and paper. It begs the critical question whether it would be just and fair to treat the electronically made contracts with the same rules that apply in the traditional contracts. It is not in dispute that there is already in existence rules regarding invitations to treat, offer and acceptance in electronic contracts. However according to Carter and Harland (2002) electronic agreements and commercial dealing defy the rule of privity of contract because a purchaser in a contract agreed in a website commerce dealing ,may fail to trace the other party in the contract to endure that they enforce the contract against them. As such it seems preposterous and unfair that one party will have to suffer a great deal of injustice because of the impracticability of the enforcement of the contract. There is also great need to promote justice and fairness in commercial dealing that are made and agreed over the mobile phones through short message service (SMS). This need was demonstrated by the courts in Communication and Media Authority v Mobiligated Ltd a company Incorporated in Hong Kong and Others (2009) where the court had the vie that injustice would most likely occasion a party in such a commercial dealing where there is little judicial ink hat has been split over the matter. Conclusion It can be conceded that the approach that has been taken by the courts and the legislations in repealing the old common law doctrines that the doctrines of equity did not sufficiently provide for has had a positive impact towards the development of fairness and justice to the parties in commercial dealings. Suffice to say innocent parties that did not hitherto have remedies against dishonest parties in trade have a reason to celebrate the new position that the judiciary and the lawmakers are taking. Parties in commercial trading should also be guided by the teachings in the bible and make peace with the fact that their ill intended actions will also be jugged by the Most High in heaven. References Australian Competition and Consumer Commission v TPGInternet Pty Ltd 2013 HCA 54 Australia consumer law (2010) Ashton v Pratt [2012] NSWSC 3 Carter, J. W. and Harland, D. J. (1993). Cases and Material on Contract Law in Australia Communications and Media Authority v Mobilegate Ltd A Company Incorporated in Hong Kong - [2009] FCA 539 Gray v Gray [2004] NSWCA 408 Google Inc. v ACCC (2013) 294 ALR 404 Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1988) 39 FCR 546 Kakavas v Crown Melbourne Ltd Ors [2013] HCA 25 L'Estrange v F Graucob Ltd [1934] 2 KB 394 Martin, N. and Jaques, M. S. (2001). The Effective Formation of Contracts by Electronic Means. New South Wales Society for Computers and the Law Journal. Available: https://www.nswscl.org.au/journal/46 Merritt v Merritt [1970] 1 WLR 1211 Nash v. Inman [1908] 2 KB 1 Philips Electronique -v- British Sky Broadcasting Ltd [1995] EMLR 472 Property Law Act 1974 (NT) Trident General Insurance Co Ltd v McNiece Bros Pty Ltd. (1988) 80 ALR 574 Walford v Miles. [1992] 2 AC 128