The 1956 Hungarian Revolution

The 1956 Hungarian Revolution The events of 1956 in Hungary, in the months of October and November, are considered by Westerners as one of the darkest moments of the Cold War. Indeed had President Eisenhower and his US officials observed the spontaneous national uprising in Hungary with shock and perplexity.  « Trumans doctrine of Containment  » had been preserved since the mid 1940s, and a revolution against the USSRs rule in Soviet sphere of influence was seen as a huge victory against communism. Wise Eisenhower however dared not to risk and jeopardize the atmosphere of improving relations with the newly empowered Soviet leader, Nikita Khrushchev. Nikita Khrushchev, born in 1894, was of poor background. He used to work as a pipe fitter in the mines. He fought in the Bolshevik Revolution and is known for participating in the bloody defense of Stalingrad, an anecdote he took great pride in throughout his life. In 1953, when Stalin passed away, Nikita returned to Moscow as one of Stalins close advisers and was eventually pronounced new leader of the USSR. On February 25, 1956, at the Twentieth Party Congress, he delivered the Secret Speech, vilifying Stalin. Khrushchevs new domestic policies, aimed at improving the lives of ordinary citizens, were often ineffective, especially in the area of agriculture. He also backed the progress of the early Soviet space program. Hoping to rely on missiles for national defense, Khrushchev ordered major cuts in conventional forces. Despite the cuts, Khrushchevs rule saw the tensest years of the Cold War, culminating in the Cuban Missile Crisis. However in the Secret Speech, Khrushchev openly de nounced Stalins cult of personality, and criticized Soviets who pictured him as a divinity on an altar and blindly approved of him on whichever aspect. At that time in Hungary, the revolution was about to burst. In 1955, Imre Nagy, famous for his belief in communism with a human face, was replaced as Hungarian prime minister and expelled from communist party over liberal policies. Early 1956 saw Polish anti-communist revolts by imposing the Martial Law. Reformist Wladyslaw Gomulka was eventually elected head of the communist party. These events steered a student revolt in the streets of Budapest in October 23. The few students were soon joined by 200.000 other Hungarians, fuelled by the lukewarm prospect of liberation. The swelling demonstration then headed for the parliament where Nagy failed to connect with the crowd, and attended the retrieval of the angry mob to Radio Budapest. The most optimistics had hoped for the permission for a broadcast which included the demand of the withdrawal of Soviet troops and Hungarian Independance. The AVH secret police opened fire to disperse the crowd. Over the course of the next week, Nagy underwent a remarkable transformation, from a more or less dutiful pro-Moscow Communist to a politician willing to sanction unprecedented political, economic and social reform. These included the establishment of a multi-party state in Hungary and insistent on the withdrawal of all Soviet forces from the country. By November 1st, Nagy took the dramatic step of declaring Hungarys rejection of the Warsaw Pact and appealed to the United Nations for help in establishing the countrys neutrality. Surprisingly, on October 23 the revolt seemed like it was on the verge of an amazing triumph. The entire nation appeared to have taken up arms against the regime. On October 31, the tide seemed to turn in the revolutions favour when Pravda published a declaration promising greater equality in relations between the USSR and its East European satellites. One sentence of particular interest stated : The Soviet Government is prepared to enter into the appropriate negotiations with the government of the Hungarian Peoples Republic and other members of the Warsaw Treaty on the question of the presence of Soviet troops on the territory of Hungary. However, the apparent atmosphere derived from reality. Even CIA Director Allen Dulles described the succeeding uprising as a miracle. But the upcoming events evinced the untrustworthiness of the misleading declarations of the Kremlin. The latter believed that the rebellion directly threatened Communist rule in Hungary. Poland strangely did not suffer Soviet aggression contrastingly to Hungary, perhaps because Wladyslaw Gomulka and the Polish Communists solely challenged Kremlin rule and not the whole Communist system as the slav students had. The Kremlin also forecasted the West to judge their lack of response as a sign of weakness, which could encourage future uprisings of neighbouring satellite states and leaders. After the events of October 23 in Budapest, unarmed demonstrators were targeted by Soviet tanks. The angry and fed up people of Hungary called for a symbolic general strike. Janos Kadar was freed and became Nagys deputy. The revolution spreaded to the countryside. Nagy felt optimistic about the inauguration of negociations with the Soviets. On November 1st, Nagy officially announced Hungarys withdrawal of the Warsaw Pact. The Kremlin contemplated and deduced no other choice but to invade Hungarys Republic. The fourth, Soviet forces launched a major attack on Hungary aimed at crushing once and for all the spontaneous uprising. Within hours, Nagy himself sought asylum at the Yugoslav Embassy in Budapest while his former colleague and imminent replacement, Jà ¡nos Kà ¡dà ¡r prepared to take power with Moscows backing. On November 22, after receiving assurances of safe passage from Kà ¡dà ¡r and the Soviets, Nagy finally agreed to leave the Yugoslav Embassy. But he was immediately a rrested by Soviet security officers and flown to a secret location in Romania. By then, the fighting had mostly ended, the Hungarian resistance had essentially been destroyed, and Kà ¡dà ¡r was entering the next phase of his strategy to neutralize dissent for the long term. The Russians had once again demonstrated to be harsh and hostile when confronted to a revolt in its Empire. Some Hungarians are still embittered by the hypocrical approach the Soviet performed to crush the revolt. No other uprising was observed until the 1989 call for democracy. The history of the events of 1956 was effectively sealed to Hungarians. Even to mention the name of Imre Nagy in public was to risk punishment. At the exact same time the Hungarian revolution took place in the month of October, another crisis nearby began in Suez. On July 26, 1956, the Egyptian president, Gamal Abdel Nasser, nationalized the Suez Canal. The canal had been owned by the Suez Canal Company, which was controlled by French and British interests. The Suez Crisis was provoked by an American and British decision not to finance Egypts construction of the Aswan High Dam, as they had promised, in response to Egypts growing ties with communist Czechoslovakia and the Soviet Union. Vengefully, Abdel declared martial law in the canal zone and seized control of the Suez Canal Company, predicting that the tolls collected from ships passing through the canal would pay for the dams construction within five years. Britain and France feared that Nasser might close the canal and cut off shipments of petroleum flowing from the Persian Gulf to western Europe. When diplomatic efforts to settle the crisis failed, Britain and France s ecretly prepared military action to regain control of the canal and, if possible, to depose Nasser. They found a ready ally in Israel, whose hostility toward Egypt had been exacerbated by Nassers blockage of the Straits of Tiran (at the mouth of the Gulf of Aqaba) and the numerous raids by Egyptian-supported commandos into Israel during 1955-56. Britain and France, following their plan, demanded that Israeli and Egyptian troops withdraw from the canal, and they announced that they would intervene to enforce a cease-fire ordered by the United Nations. On November 5 and 6, British and French forces landed at Port Said and Port Fuad and began occupying the canal zone. This move was soon met by growing opposition at home and by U.S, which quickly put a stop to the Anglo-French action. On December 22 the UN evacuated British and French troops, and Israeli forces withdrew in March 1957. In the coldest year of the Cold War, the worlds attention was diverted from Hungary. OIL, the black gold, was the main interest of the power-hungry leaders of the time. This was more or less a strategic war, aimed at keeping the prosperity of the capitalist nations. France and England could have intervened in Hungary, but their concerns was to maintain European influence on Egyptian soils. The Suez Canal was situated in a crucial and strategic location, where taxes financed the British and French economies. The two countries also did not want to test the Soviet super-power and begin a open conflict with the communists, when they already were a problem at home. President Eisenhower also assumed that US intervention in Suez would be seen as self-interested, and a US support in the Hungarian revolution would have been obnoxious to the USSR. Eisenhowers policy was indeed to promote the independence of the so-called captive nations, but only over the longer-term. The policy of Containment had evolved into a more nonbelligerant and poker-face aspect, where military involvment had proved not be the exclusive answer to deal with a communist situation. The president was not ready to jeopardize the increasing pacifistic atmosphere of tolerance, world peace and cooperation which had been perceived over the last few years. The Hungarian revolt could have ended in a nuclear war opposing East and West, but fortunately, the Suez crisis and Eisenhowers wisdom and skepticism inhibited the catastrophic scenario. Nasser emerged from the Suez Crisis a victor and a hero for the cause of Arab and Egyptian nationalism. Israel did not win freedom to use the canal, but it did regain shipping rights in the Straits of Tiran. Britain and France, less fortunate, lost most of their influence in the Middle East as a result of the episode. Children of Glory : Children of Glory is a movie from Hungarian-American writer Joe Eszterhas. The two main characters are Karcsi, a water polo champion, and student activist Viki. Children of Glory traces the love story of two young Hungarians confronted to the violence and desperation of a conflict in their home country. We contemplate different ways people of Hungary opposed to the Soviet domination. Many students were similar to Viki, consumed by Communist rule, and sought to gain their independance by violence if necessary. Even if at first the student revolt seemed insignificant, it is a crowd of 200.000 people that Nagy witnessed in front of the Parliament. Karcsi is drawn by his love for Viki in the middle of the bloody revolt, and grows increasingly affectionate towards the girl and in agreement with her revolutionary ideas. The boy is however more pacifistic, as we never clearly feel an urge for him to exert violence. His passion is undoubtedly water-polo, and he seems pleased with the lifesty le he leads. However, his life changes when he meets Viki and sees his interest aroused by this intriguing fiery angel. She is fierce and direct for exposing her ideas, and shows great skills when it comes to defend her opinions. This strong character melts Karcsis heart, and he soon cannot be deprived of her for long, and wishes to follow her in her revolutionary projects. When Viki asks him to represent Hungary in Melbourne for the Olympics, it is with real bewilderment that he is informed of Soviet advance on Hungarian soil. Karcsi and his team-mates are then confronted to one the most arduous decision to make : continue the Olympics and defeat the Russians in the final. With support of the coach and leadership of Karcsi, the teams challenge is attained, and Hungary brings home the gold. Their country was honorably represented, and it is therefore a minor victory over the Soviet tyrants, as an oasis of hope or a wink to every Hungarian back home. The teams achievement was world-w ide followed, as it was televised and used as propaganda against the USSR. People watching the game might have been impressed by the determination and will of the young Hungarians to defeat their oppressors. They might have thought,  « Wow, these blokes are brave  ». These televised Olympics were the second to attach great importance to the surreptitious message they can deliver. In 1936, Jesse Owens had embarrassed Hitler by defeating arian-race athletes in the jumping and racing events. Hitler was absent to every medal the black man received. However, the Olympics had demonstrated Germanys power and  « magnificence  » throughout Goebbels propaganda techniques. Twenty years later, the message the Olympics undermined was different ; even under total dominance of the USSR, Hungary and its people were still united, alive and gleaming with pride. The oppressor had been defeated in a peaceful way, which consequently gave hope and courage to the Hungarian people, overwhelmed by S oviet tanks and bodies to bury. I personally believe that this movie, however produced fifty years after the events, is still honest and accurate to describe the atmosphere at that time. It exhibits lives of common people at that time, and authentically shows how common people compared to David, dealt with the big Russian Goliath. They virtually had no possibilities to triumph in their conquest of liberty, but still, they fought for what they thought was right, and it is honorable. Many were killed. 2006 was a perfect year to release a movie in commemoration of these antagonistic joyful and morbid events. The story is clearly romanced, but this aspect is welcomed in such somber times. People are emotionaly affected by a tragic ending, with a disappointed Karcsi who will never meet his beloved again. Despite, the ending then, I think the movie is 86% accurate. There is a Soviet perspective of the story which I cannot debate on because I do not know their side of the story. I however believe the atrocities of the con flicts and the courage people manifested was overly authentic. Lately, archival records have been excavated and analysed, and even US government records have recently been re-reviewed and released in more complete form. Many people suffered during that time, it has been remembered as an obscur part of Hungarian history, and this is why the general public can be aroused by this movie. Still today, sports are a source for propaganda. Politics have infiltered every aspect of our society, and we are controlled and influenced by the leaders at the top of the pyramid. However, the heroes of 1956 are no soldiers for once, but a team of water-polo. A group of young men supporting the weight of the pride and the hope of a whole country, with in return, the backing and the blessing of this same country.

Nutritional Health Essay

Explaining the terms: food, diet, meals and snacks, nutrients Food: Food is a nutritious substance that people or animals eat or drink in order to carry on life and growth. Food has been categorised as carbohydrates, including fibre, protein, fat and vitamins and minerals. Food allows us to keep on living. For example bread contains carbohydrate, meat contains protein, milk contains fat but it depends what milk you take, fruit and vegetables both contain vitamin and minerals. Examples of non food are tea, it has no nutritional value. Diet: Diet means the different food types that have been eaten regularly by a person. It doesn’t always mean losing weight. A diet means everything a person has eaten throughout the day. In the UK people might eat 3 meals a day: breakfast, lunch and dinner. You can also have special diets such as losing weight which means you are reducing your fat on your body. Being more careful with sugar because you are diabetic or because you are anaemic you will need to eat food with iron such as red meat and green vegetables. Meals and snacks: A snack is a portion of food which is smaller than a meal. Snacks are eaten between meals. Snacks designed to be small, quick and enjoyable. For example you have snack and jacks it doesn’t contain fat or fruits such as bananas or apples. You eat a meal 3 times a day which are breakfast, lunch and dinner. It is reasonable amount of food in a day. Nutrients: The process by which people take in food and use it for growth and repair. Examples of nutrients are: protein which you can find in fish, fat which you can find in milk, carbohydrate which you can find in bread or pasta and minerals which you can find in spinach. Malnourished and undernourished: Malnutrition is a serious condition that comes when a person’s diet does not have enough nutrients to meet the expectations of their body. This can affect the growth, your physical health, mood and behaviour. Being malnourished does not always mean that you’re thin or underweight. It is possible to eat a diet which contains high calories but a few vitamins and minerals. This means that you can become malnourished when you are obese or overweight. Symptoms of being malnourished are: Lack of strengths or energy to do activities Lack of energy and breathlessness because of anaemia Changes of your skin and nails Mood changes An increase of illnesses or infections Undernourished is a lack of calories or nutrients from eating not enough food or unable to break down nutrients from the diet because of medical condition such as Marasmus and Kwashiorkor. Marasmus means having problems with: Growing A huge amount of weight loss Muscle wasting Diarrhoea Irritability Kwashiorkor means having problems with: Bad growing Muscle wasting A long time of diarrhoea and infections Deterioration of hair, skin and nails A swollen liver and abdomen Swelling of the face, hands and feet The most common symptoms of being malnourished is unplanned weight loss. If your BMI is lower than 18.5 or you experience the symptoms you will need to contact your GP. To calculate your BMI you can use a chart or you can calculate it like this BMI = weight (kg) height (cm) BMI CHART Young children are taken to the health care centre at least once a week to look at their weight and height. They are looking if the baby is gaining weight in a healthy way or gaining weight too fast and also to check if the baby is growing. The babies are going to be compared to other babies of their age to see if their weight and height is normal. They mostly use growth charts too at the weight and height. GROWTH CHART They also look at someone’s gender and height to see what their weight has to be. For female the weight looking is different than that of a male because a male is builder than a female and also a man needs to take 2500 calories as to which a female has to take 2000 calories a day. Male Female To prevent yourself from getting malnourished and undernourished you will need to have a good diet which has enough vitamins, minerals, fat and carbohydrate. To make sure you take enough and healthy food you can use the eat well plate which shows varieties of food we need to eat and what proportion we should eat it, to have a good and balanced diet. You can also use the five-a-day which means eating 5 portions of fruit and vegetables a day. This makes sure you get all the right things your body needs. You can eat sweet things because your body needs fat but you will need to take a small amount. Here are some easy and healthy recipes to give some ideas. A recipe for breakfast, lunch, dinner and snacks: Breakfast an avocado on toast: INGREDIENTS 2 avocados 2-3 tbsp extra virgin olive oil Juice of 1 lime A little splash of Worcestershire sauce 4 slices of sour dough/rye bread Salt and pepper Small bunch of basil, roughly chopped 2 sweet tomatoes, roughly chopped METHOD How to make simple avocado on toast breakfast 1. Mash the avocado with a fork to a rough puree, adding the olive oil, lime juice, and Worcestershire sauce as you go. Season with salt and pepper to taste. 2. Toast the bread, drizzle a little olive oil over each piece then spread over the avocados. Sprinkle with basil and the diced tomatoes. Lunch Italian turkey club sandwich: INGREDIENTS 2 tbsp olive oil 4 turkey breast steaks 3 tbsp fresh red or green pesto 200g carton half-fat crà ¨me fraà ®che 1 baguette, cut into 4 pieces 4 ripe, plum tomatoes, sliced Small bag baby leaf salad METHOD How to make Italian turkey club sandwich 1. Heat 1 tablespoon of the oil in a griddle pan. Season the turkey and cook over a medium heat for 8-10 minutes, turning, until lightly charred and cooked through. Set aside. 2. Meanwhile, lightly mix the pesto into the crà ¨me fraà ®che and season to taste. Split each baguette piece in half lengthways, to give 8 halves. Brush the cut-side with the remaining oil, then griddle or toast under a hot grill in batches until golden. 3. Assemble the sandwiches. Spread a little pesto and crà ¨me fraà ®che sauce on 4 baguette halves, then top with sliced tomatoes. Top with a turkey breast, add a handful of salad leaves and another spoonful of the pesto and crà ¨me fraà ®che sauce. Top each sandwich and serve. Dinner chicken pasta soup: INGREDIENTS 5–6 chicken thighs 1 large white onion, sliced 1 tbsp olive oil 4 medium carrots, chopped into small dice 6–8 closed cup mushrooms, quartered  ½ red pepper, seeds removed and chopped into small dice 1 x 400g can chopped tomatoes 600ml chicken stock 175ml white wine 100g frozen sweet corn (use tinned if you cannot find any frozen) Salt and freshly ground black pepper 150g pasta shells Handful of fresh coriander, chopped Method 1. Preheat the oven at 190ÚC/gas mark 5. Place the chicken thighs on a baking tray and roast in the oven for about 30–40 minutes, until cooked. Remove from the oven and leave to cool. Once cooled, remove the skin and separate the meat from the bones before cutting the meat into pieces. 2. Heat the oil in a deep saucepan over a medium heat, add the onions and fry for a minute or two before adding the carrots. Cook until the carrots and onions start to soften, about 5 minutes, then add the mushrooms and red pepper. Mix thoroughly and continue to cook until the mushrooms have shrunk in size and begin to brown. 3. Next, add the can of tomatoes, chicken stock, wine, sweet corn and chicken pieces and season well with salt and pepper. Leave to simmer on a low heat, covered, for about 20 minutes. 4. Add the pasta to the soup and leave to simmer for a further 15 minutes or until the pasta is cooked, stirring occasionally to avoid the pasta sticking to the pan. Once ready, remove from the heat and set aside for half an hour, covered, to allow the flavours to infuse. When you’re ready to serve, reheat the soup, pour into bowls and garnish with a sprinkle of fresh coriander. Snacks: You can have snacks such as: Banana Apple Cookie Snack and jack Overweight and obese: Overweight means that you’re BMI is 25 or over 25. If you are overweight you will have a great risk of getting: Arthritis Type 2 diabetes High blood pressure. When people talk about being overweight they mean that the person is not eating enough healthy or they could eat healthy food but they will eat a big portion. It will not only affect somebody health but their self esteem as well. They won’t be able to do activities when people of their same age can do all the things they won’t and wear the clothes they want to wear. Obesity means that your BMI is 30 or over 30. Being obese increases your risk of getting serious and life-threatening diseases such as: Type 2 diabetes Heart disease Some types of cancer, such as breast cancer and colon cancer stroke Obesity can affect your life in a serious way than being overweight it could damage the way life and it often leads to depression. There are simple ways for you can see if you are obese or overweight, for example you could go to the GP or to a dietician, they are able to give you advice at how you could live a healthier life. You could also use a BMI chart or you could look at the weight for height and gender. Dietary Reference Values (DRVs) is something that also could be use to see what you are recommended to take in. The DRVs shows you what your daily intakes should be, they have made charts to show you what you should take in. The charts are: Chart made for age and gender Chart made for ageïÆ'   Reference Nutrient Intakes (RNTs) is part of the DRVs which shows the amount of nutrients each individual is recommended to take in to maintain good health. If you look at the backside of the product it shows you how much nutrients you take in per portion and per 100 g of food. It can help you see if you eat too much. You could also look at your actual food intake which means that you are looking what you eat everyday and compare it to you should have been eating every day. What I would recommended for people who are overweight or obese is to look at the portion of what you eat. Go to your GP or dietist they are able to help you make a diary of you should eat every day. Also eat things of the food groups which are: If you eat at least one of the things in each food group you will be able to stay healthy. Examples of using the different types of the food group are: In the morning drinking milk with bread and peanut butter For lunch eating a fruit salad For dinner eating vegetables with pasta and fish. Also using the right food preparations and processing methods will also make a huge difference in your diet. Example of good preparations and processing methods is using fresh food. If you buy fresh it means that the vitamins and minerals are still in the food but if you buy old food it could be that the vitamins and minerals already left the food. Good ways of cooking your food is grilling and steaming it makes sure that every vitamin and mineral stays in the food. Make sure that there are varieties of colours on your plate which will make it more interesting for you to eat. Eat small portions which will make sure that you ate enough. Use small plates which will make it look like you are eating a lot. Not only eating healthy food is a good thing for you to stay healthy but also doing exercise every day for at least 30 minutes. 30 minutes a day exercise is enough. A few examples of exercises you can do at home are: You can also go to the gym and get a personal trainer who will help you do the right exercise every day. Eating healthy food and doing exercise will make your body stay fit.

Animal Experiments Ethics Controversy Essay

Experiment In present-day society, it is a well-known fact that animal experiments are playing an increasingly key role in our lives, and it is advancing at an amazing speed. Its research results have completely changed our lives. But in the meantime, the animal experiments ethics controversy has sparked much debate. Many people think that for the survival and development of humans, animal experiments are necessary. While some people argue that life of animals and humans are equally important, they are against any form of animal experiments. In this essay, I will compare and contrast two typical opinions regarding this issue. Convincing arguments can be said that animal experiments are commonly used in medical research. In studies on investigation and prevention, human diseases play a huge role. To start with the role of medicine, using animals to test new drugs could help in understanding the effects and side effects of new drugs. Therefore, people don’t have to be test subjects, and can avoid the dangers of being these test subjects. Moreover, animal experiments in cloning human organs also have a new break through. For instance, people found that goats implanted with human stem cells have blood and organs similar to DNA of humans. Specifically, the main use of it is nurturing human organs in animals’ bodies. One day when people are injured or sick, they will be able to directly replace organs. More importantly, through animal experiments, we can explore the mysteries of human lives. In other words, controlling the human diseases and aging, extending the lives of humans could be realized by animal experiments. For these reasons, some statistics show that biomedical research projects with more than 60% need to conduct animal experiments. There are many topic researches of animal experiments that are difficult. After years of research, animal experiments have saved countless lives, and it will continue to save more lives. Compelling arguments can be made that animal experiments play an irreplaceable important role in many other fields of science. In the first place, national defense and military science obviously rely on animal experiments. As we know, the first creature into space was not human, instead it was a dog. People did a lot of experiments with the dog in space, and thus gained a lot of data. Sensors were used to monitor her heartbeat, blood pressure, and other bodily functions to better understand any physical changes that might occur in space. In the second place, agricultural science, using animal experiments is very important and meaningful. Thus chemical fertilizers, pesticide residue testing, and quality of food, is eventually determined through the uses of animal experiments. Last but not least, in the area of light industry, people’s daily necessities, especially, the effects of chemical products are experimented on animals to test for harmful ingredients. For instance, before food additives, fur products, cosmetics, and so on, companies were required to conduct animal experiments to prove they were not harm to the human body. With the development of times, more and more fields need animal experiments. Maybe people haven’t noticed, but it has become an essential part of people’s daily lives. It may be tempting to argue that animal experiments are not fair. The main reason for this is that people think animals and humans have the same basic survival needs, and high levels of psychological needs. Obviously, animals and humans have the same rights to live in the world. We need to respect animals, respect lives. Another reason is some people think that animal experiments are too cruel. For example, Draize eye irritation test is used to measure the stimulating degree to human eyes of certain products. Rabbit’s are always used to do this kind of test, since they don’t have tears. People lock up these rabbits, open their eyes, and drop in the test substances. In order to get the best results, people will be forced to close their eyes. Moreover, after the experiments, all the rabbits will be killed, whether they are healthy or not. Even so, we should not do this in order to save animals lives instead we should sacrifice people’s lives. We can’t dent animal experiments, since it has some inadequacies. I believe that before we find a viable alternative, the majority of people would still support animal experiments. In summary, I would concede that we should protect animals’ rights and welfare, try to reduce or stop animal experiments. Despite that in the present level of technology, the existence of animal experiments for the development of humans is very necessary. Overall, I am convinced that we should use the proper experimental design, and data analysis methods to reduce the use of experimental testing on animals in the existing conditions, and look for new alternatives actively.

The Law of Equity in Australia - Free Essay Example

Sample details Pages: 7 Words: 2005 Downloads: 7 Date added: 2017/06/26 Category Law Essay Level High school Tags: Australia Essay Did you like this example? Equity à ¢Ã¢â€š ¬Ã¢â‚¬Å" Assignment Question 3 Introduction As described by Sir Frank Kitto, Justice of the High Court of Australia from 1950 to 1970, the law of equity is à ¢Ã¢â€š ¬Ã‹Å"the saving supplement and complement of the Common Lawà ¢Ã¢â€š ¬Ã‚ ¦.à ¢Ã¢â€š ¬Ã¢â€ž ¢ which prevails over the Common law in case of conflict between both the laws and thus by repairing the deficiencies of the Common Law.[1] An estoppel is a principle whereby a party is prevented from asserting a contrary position to any fact which has already been established.[2] Points of distinction regarding Law of Estoppel in common law and equity: As to definition: . Don’t waste time! Our writers will create an original "The Law of Equity in Australia" essay for you Create order Estoppel in common law occurs where the relying party acted upon an assumption of an existing fact only as confined by the decision of House of Lords in Jorden v Money [1843à ¢Ã¢â€š ¬Ã¢â‚¬Å"60] All ER Rep 350. [3] For instance, when the party represented induced the relying party to believe that he has signed a contract.[4] Whereas, an Estoppel in equity is an equitable claim that prevents someone from denying the existence of a state of affairs in circumstances in order to protect and prevent a party from departing from an assumption encouraged by the other partys conduct, representations or promises, where to do so would be unconscionable and would cause loss and injury to the party who acted upon that assumption.[5] Equitable estoppel also occurs in case of a representation of future conduct where the relying party acted upon an assumption as to the future conduct of the representor. For instance, the representor induced the relying party to believe he will sign the contract in the future. [6] Thus from here, it is derived as per Priestley JA in Silovi Pty Ltd v Barbaro (1988) 13 NSWLR 466, at 472, that common law estoppel operates when certain conditions are fulfilled, establishes a state of affairs by reference to which the legal relation between the parties is to be decided. It does not itself create a right against the party estopped. The right flows from the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision on the state of affairs established by the Estoppel. Whereas, equitable estoppel operates upon representations as to future conduct, including promises about legal relations. When certain conditions are fulfilled, this kind of estoppel is itself equity, a source of legal obligation.[7] As to nature: The common law estoppel is a rule of evidence and a device used merely to determine the facts upon which the legal rights of the parties will then be determined by the court, whereas estoppel in equity may confer substantive rights which flow directly from the operation of e stoppel in equity.[8] As to form The common law estoppel can only act as a shield not as a sword as it is only a way to establish evidence, not a cause of action. Whereas, the equitable estoppel can act as both a sword and a shield because it does not only determines evidence, but it is itself a cause of action.[9] As to applicability The common law of estoppel only applies to representation of existing legal facts such as promises made in agreements or contracts already signed and not of future representations or conducts of the representor. The general principle of common law estoppel was stated by Dixon J in Grundt v Great Boulder Pty Gold Mines Ltd (1937) 59 CLR 641, at 674 as being that, à ¢Ã¢â€š ¬Ã‹Å"the law should not permit an unjust departure by a party from an assumption of fact which he has caused another party to adopt or accept for the purpose of their legal relationsà ¢Ã¢â€š ¬Ã¢â€ž ¢. Whereas, the scope of equitable estoppel is much wider as it applies to both future facts, representations and existing legal facts. It does not require consideration or an agreement on terms. Thus in the case ofMobil Oil Australia Ltd v Lyndel Nominees Pty Ltd (1998)it was held that main objective of equitable estoppel is actually to avoid detriment rather than enforcing promises.[10] As to effect The effect of Common Law Estoppel is to prevent the representor from denying his representation in court. The contractual rights and obligations will be determined as if the representorà ¢Ã¢â€š ¬Ã¢â€ž ¢s representation was true. Thus the representor will be à ¢Ã¢â€š ¬Ã‹Å"estoppedà ¢Ã¢â€š ¬Ã¢â€ž ¢ from denying the asserted facts that he has signed the contract and hence the contract will be deemed to be s signed, and therefore enforceable. Whereas, the effect of Equitable Estoppel is to prevent the representor from acting inconsistently with his representation without taking steps to ensure that the relying party does not suffer detriment as a result of his inconsistent conduct. Thus, the representor will need to give reasonable notice of its intention to act inconsistently with the representation, and in the case damages will still be suffered by the Relying Party, compensate the Relying Party for those damages. [11] As to types: At common law, estoppel could be of the following types: Estoppel by deed: It provides that a statement within a deed under seal cannot be denied and must be understood as binding by the party who makes it. This was held in the case ofGreer v Kettle [1938] AC 156. Estoppel by record: This refers to judicial decisions, i.e. once a court has decided an issue between the parties, it cannot be re-litigated. Estoppel by conduct: Estoppel by conduct includes within it various types of estoppels which can take place before a contract, during and contract and within a relationship. This type of estoppel is sometimes classified into sub-types: Estoppel by Agreement or Convention: It occurs when the parties involved agree on certain facts, though those facts may be incorrect.If they are both in agreement, each is then estopped from denying this as an agreed fact. Estoppel by Representation: It occurs when a party, A has made some representation to another party B, B then act on that representation, however, A then denies the truth of that representation. A may be estopped from denying the truth. Whereas, in equity, the followings are the types: Proprietary estoppel: It relates to issues that arise surrounding land ownership that is disputed transfers of land and the right to use the land of the owner. This doctrine aims to protect people who have relied or acted upon the promise of land but suffered detriment a change in position as a result of the promise being withdrawn. Such as in Dillwyn v Llwellyn[12]in Chancery a father promised a property to his son, who took possession, expended a large sum of money on the house and otherwise improved the property. The father never actually gifted the property to the son. After his death the son, claiming to be the equitable owner, obtained a court judgment forcing the trustees to convey the land to him.[13] Promissory estoppel: In equitable promissory estoppel,[14] it is necessary for a plaintiff to establish (1) that it has adopted an assumption as to the terms of a legal relationship with the defendant; (2) that the defendant has induced or acquiesced in the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s adoption of that assumption; (3) that the plaintiff has acted in reliance on its assumption; (4) that the defendant knew or intended that the plaintiff so act; and (5) that it will occasion detriment to the plaintiff if the assumption is not fulfilled. [15] Whereas, in common law estoppel, it is necessary for a plaintiff to establish :(1) that it has adopted an assumption as to the terms of its legal relationship with the defendant; (2) that the defendant has adopted the same assumption; (3) that both parties have conducted their relationship on the basis of that mutual assumption; (4) that each party knew or intended that the other act on that basis; and (5) that departure from the assumption will occasion detriment to the plaintiff. [16] In Australia, the doctrine of promissory estoppel was first authoritatively accepted by the High Court in Legione v Hateley (1983)[17]. Unlike common law estoppel, it is discretionary as provided in the case of D C Builders v Rees[18], where the courts refused to recognise a promise to accept a part payment of  £300 on a debt of  £482 on the basis that it was extracted by duress. In Waltons Stores (Interstate) Ltd v Maher[19] is a landmark case since it upheld that: It is a general principle which could operate in any legal relations, not just existing contractual relations. In this case the following notion as distinctive from common law of estoppel was established: à ¢Ã¢â€š ¬Ã‹Å"A common threadà ¢Ã¢â€š ¬Ã¢â€ž ¢: Equity will act to relieve a plaintiff who has acted to his detriment on a basic assumption where the other party has played such a part in its adoption that it would be unfair or unjust if he were left free to ignore it. Conclusion According to the above facts it is clear that there are clear distinction can be seen in between Common Law Estoppel and the Equity Estoppel. Bibliography Cases Central London Property Trust Ltd v High Trees House Ltd [1947] 1 KB 130. D C Builders v Rees [1965] EWCA Civ 3. Dillwyn v Llwellyn [1862] All ER 384. Greer v Kettle [1938] AC 156. Grundt v Great Boulder Pty Gold Mines Ltd (1937) 59 CLR 641, at 674. Legione v Hateley (1983) 152 CLR 406. Mobil Oil Australia Ltd v Lyndel Nominees Pty Ltd (1998) 153 ALR 198. Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387. Waterman v Gerling Australia Insurance Company Pty Ltd (2005) 65 NSWLR 300, [83], [96]. Book Radan Stewart, Principles of Australian Equity and Trusts :Equitable Estoppel (Reed International Books Australia Pty Limited, LexisNexis,2009) https://sydney.edu.au/lec/subjects/equity/materials SUMMER 2009-10/Radan Stewart Ch 12.pdf Study Guide: Jaani Riordan, Contracts: Part VIII Estoppel (2004) p. 1. https://www.jaani.net/resources/law_notes/contracts/08_Estoppel.pdf Seminar paper Michael Kirby, à ¢Ã¢â€š ¬Ã‹Å"Full text of Michael Kirbys speech: Equitys Australian isolationismà ¢Ã¢â€š ¬Ã¢â€ž ¢, The Australian Business Review, (online) 20 November 2008. https://www.theaustralian.com.au/business/legal-affairs/equitys-australian-isolationism/story-e6frg97x-1111118084379 . Conference Paper P L G Brereton RFD, à ¢Ã¢â€š ¬Ã‹Å"Equitable Estoppel In Australia: The Court Of Conscience In The Antipodesà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Paper presented at the Australian Law Journal Conference, 16 March 2007). https://www.supremecourt.justice.nsw.gov.au/agdbasev7wr/supremecourt/documents/pdf/brereton_2007.03.16.pdf Internet Materials: UniStudy Guides, Estoppel (19 March, 2013) https://www.unistudyguides.com/wiki/Estoppel UniStudyGuides, Waltons Stores (Interstate) Ltd v Maher(LAWS1071) https://www.unistudyguides.co m/wiki/Waltons_Stores_(Interstate)_Ltd_v_Maher_(LAWS1071) Wikipedia, D C Builders Ltd v Rees (25 June 2014 ) https://en.wikipedia.org/wiki/D__C_Builders_Ltd_v_Rees. WikiSpace, Group 8- Estoppel (2014) https://laws1008.wikispaces.com/Group+8+-+Estoppel Vedini Herath à ¢Ã¢â€š ¬Ã¢â‚¬Å" u3104205 [1] Michael Kirby, à ¢Ã¢â€š ¬Ã‹Å"Full text of Michael Kirbys speech: Equitys Australian isolationismà ¢Ã¢â€š ¬Ã¢â€ž ¢, The Australian Business Review, (online) 20 November 2008. https://www.theaustralian.com.au/business/legal-affairs/equitys-australian-isolationism/story-e6frg97x-1111118084379 . [2]Jaani Riordan, Contracts: Part VIII Estoppel (2004) p. 1. https://www.jaani.net/resources/law_notes/contracts/08_Estoppel.pdf [3] Radan Stewart, Principles of Australian Equity and Trusts :Equitable Estoppel (Reed International Books Australia Pty Limited, LexisNexis,2009) https://sydney.edu.au/lec/subjects/equity/materials SUMMER 2009-10/Radan Stewart Ch 12.pdf [4] UniStudy Guides, Estoppel (19 March, 2013) https://www.unistudyguides.com/wiki/Estoppel . [5] WikiSpace, Group 8- Estoppel (2014) https://laws1008.wikispaces.com/Group+8+-+Estoppel [6] Above n 4. [7] Above n 3. [8] Above n 3. [9] Above n 2. [10] Above n 5. [11] Above n 4. [12] [ 1862] All ER 384. [13] Above n 5. [14] Also known as High Trees Estoppel as Denning J revived the doctrine in this case Central London Property Trust Ltd v High Trees House Ltd 1947] 1 KB 130., where landlord was estopped from going back on such an unequivocal promise that was made with the intention that the tenants would act on it. [15] Waltons v Maher, 428-429. (Brennan J). [16] Waterman v Gerling Australia Insurance Company Pty Ltd (2005) 65 NSWLR 300, [83], [96] [17] 152 CLR 406. P L G Brereton RFD, à ¢Ã¢â€š ¬Ã‹Å"Equitable Estoppel In Australia: The Court Of Conscience In The Antipodesà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Paper presented at the Australian Law Journal Conference, 16 March 2007). https://www.supremecourt.justice.nsw.gov.au/agdbasev7wr/supremecourt/documents/pdf/brereton_2007.03.16.pdf [18][1965] EWCA Civ 3. Wikipedia, D C Builders Ltd v Rees (25 June 2014 ) https://en.wikipedia.org/wiki/D__C_Builders_Ltd_v_Rees. [19] (1988) 164 CLR 387.UniStudyGuides, Waltons Stores (Interstate) Ltd v Maher(LAWS1071) https://www.unistudyguides.com/wiki/Waltons_Stores_(Interstate)_Ltd_v_Maher_(LAWS1071)