The Distinction Between Common Law and Statute Law Essay

The Distinction Between Common Law and Statute Law - Essay Example 4. The appeal dealt with three salient aspects – firstly, whether there had been an oral agreement between appellants and respondents to share the costs for the pumping station (b) whether there was a common obligation on the part of appellants and respondents to augment the sewerage supply system and whether the appellant was entitled to reimbursement from the respondent for his contribution (c) whether the trial judge’s order on costs for the counterclaim was to be set aside. 5. The appellants argued about contribution under a common obligation to construct the pumping station, such that respondents were obliged to reimburse Appellants for their share of the cost of the station. 6. The Court rejected the Appellant’s appeal of the District Court decision declaring that contribution under common obligation did not arise and ordered the Appellants to pay respondents their appeal costs. However, where the counterclaim of the Respondents was concerned, the Court dismissed the trial court’s order on costs and ordered respondents to pay Appellant’s costs on the counterclaim. 7. In a civil law case, the burden of proof requires the Plaintiff to produce evidence that will convince the Judge of their entitlement to receive relief. The requirement, in this case, was the evidentiary burden of proof, to support the Plaintiff’s claim for contributory costs. 8. One of the cases that were considered in this Appeal was Cockburn v GIO Finance Ltd (No 2) (2001) 51 NSWLR 624, where the views of Mason P at 631 that the right to contribution depends on matters of substance not form were taken into consideration. (b) The ratio decidendi, in this case, was whether the entitlement to contribution arose out of common obligations or coordinate burdens and obligations created by the Deeds since contribution depends on substance not form. The judges that no such obligation had arisen given the circumstances of the case.

Ncm 512 session long project module 4 Negotiation Styles and Essay

Ncm 512 session long project module 4 Negotiation Styles and Communication (unites states post office) - Essay Example The shooting led to 6 people being killed on the spot and one person was seriously injured in this event. The underlying issue of this shooting was that the person was waiting for a long time and was not being served. The parties to the conflict include the lady shooter and the employees of the postal service. The chosen party for this paper is the postal service employees. There was no clear negotiation that was brought out here in this case. The angry lady instead of taking up the issue with the employees went on to take a serious step of opening fire to the building. There was a slight negotiation that was present where the lady showed signs of urgency and her body language did show a level of urgency. However my side of the parties seems to have ignored this urgency and have not been able to provide the required service to the lady. There was clearly no verbal message that was shown by the lady except the one request of asking the employees to deal with her requested service. The negotiation method adopted for this case was not a cooperative one in any manner and there was more of a competitive behavior that was seen which led the lady to take the intense step of shooting at the employees of the organization. Considering myself in this position as the employee at the counter, I would have acknowledged the request of the lady and would have explained to her that once I was done with the other customer, she would be attended to next. If there was a possibility for another employee to cater to her, I would have requested my coworker to deal with the situation. Also, based on this experience, I would have suggested to the company the need for two counters one which dealt with the urgent requests while the other which deals with the normal work. The conflict is one which cannot be anticipated, hence any decision taken at the spur of the moment would be the best that one could do. Hence I personally believe that nothing could