Sunday, May 24, 2020

Modern Perspective On Contractual Obligation - Free Essay Example

Sample details Pages: 11 Words: 3212 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Essay any type Level High school Did you like this example? Modern perspective on contractual obligation Empirical studies of contracting behaviour consistently demonstrate that commercial contracting parties care little for written contracts or the rules of contract law. Should the law of contract manifest any concern over this? If not, why not, and if so, how should the rules of contract law be amended to better reflect commercial practice? Question: A Introduction The overwhelming majority of contracts are transacted in an informal setting. Such contracts are either made by word of mouth, or even by a partys conduct. Don’t waste time! Our writers will create an original "Modern Perspective On Contractual Obligation" essay for you Create order Whilst that may be the case, written contracts are the types of agreements which are favoured by parties in the commercial world, not least because of what is potentially at stake in the event of a breach of the agreement. The extent of the terms of some commercial agreements and the seriousness of the implications of a breach of a partys obligations, written contracts are resorted to to ensure both that the parties to the contract are aware of their rights and obligations and also as a reference tool in the event of a dispute. The advent of the European Community witnessed a renewed impetus to harmonize the laws pertaining to, inter alia, commercial contracts. Various efforts have already been made to facilitate international transactions. For instance, the Uniform Law on International Sales and the Vienna Sales Convention, the Rome Convention on the Law Applicable to Contractual Obligations. These efforts have been producing w new codified lex mercatoria. This work i s seeks to highlight the rules applicable to parties to commercial contracts within the European Community and whether or not these rules are adequate to cope with parties who do not honour their contractual obligations. More specifically, are contracts which are made orally or by conduct enforceable in European Law? The essay shall also highlight whether there is any concern if parties care little for written contracts, and if not why not? In the Conclusion, the work shall explain whether or not the rules ought to be modified to reflect current commercial practice. Harmonising European Contract Law Efforts already made to harmonize the EU contract law rules have manifested in various forms. The national laws applicable to contracts vary from Member State to Member State. This difference or divergence in the laws inevitably adversely influences the decision of businesses whether or not to carry out cross-border transactions. A difference in the laws can result in uncer tainty and negatively affect whether or nota business decides to enter an agreement with a party based in a different Member State. The European institutions have therefore taken action to alleviate this problem by introducing laws which are applicable throughout Member States. These laws come in a variety of forms; Regulations; Directives and European Court of Justice judgments. Most notably, however, The Principles of European Contract Law 1998 has done a good job in encapsulating, codifying and harmonizing the rules of contract law from Member States. The Principles of European Contract law Parts I and II – (Parts I and II completed and revised) states (at Article 1) that the Principles are intended to be applied throughout Member States as the general rules of contract law in the EC. Furthermore, the Principles shall apply when the parties agree to their application, or in the event that it has not been expressly stated that a specific system or rules of law s hall govern the contract (see Section 1, Article 1.101(3)(b)). In addition, the Principles can also be used where other national laws or rules fail to provide a solution (see Section 1, Article 1.101(4)). Under the Principles however, the parties still maintain the right to freedom of contract. That is to say that parties are permitted to agree upon the terms they wish to agree upon. However, set out in the document are ‘General Obligations of ‘Good Faith and ‘Fair Dealing (Section 2, Article 1.201) and a ‘Duty to Cooperate (see Section 2, Article 1.202). These obligations cannot be derogated from and therefore provide a safeguard for parties to a contract. Albeit a contract, under the Principles, may still be made orally or by conduct, and does not have to be in writing. All that is required is that the parties intended to be ‘legally bound (see Section 1, Article 2.101), and that they reached a ‘sufficient agreement (see Section 2, Articl e 2.101). Furthermore, those terms which have not been individually negotiated can be invoked (under Article 2.104) against a party who claims to have been unaware of them, providing that the party wishing to invoke them takes reasonable steps to highlight their existence prior to, or at the time of, concluding the contract. The European Contract Law Project The Principles of European Contract Law document is over a decade old now. Since the introduction of the Principles of European Contract Law, there have been further efforts within the European Community to streamline and harmonise European Contract law. Most notably, the Common Frame of Reference has made great strides in this area. Background to the Formation of the Common Frame Reference In 1999, the European Council (Tampere) requested a study on the feasibility of approximation of civil law in order to facilitate the efficient functioning of the European market. The European Commission responded by announci ng that a consultation shall take place in order to collate information on how to form a European Contract Law. Subsequent to this, an Action Plan followed in 2003 proposing measures, for instance, the Common Frame of Reference was one such measure. Common Frame of Reference In essence, the Common Frame of Reference (‘CFR) outlines the model rules, principles and definitions to be applied to contract law within the EC. It is a long-term project with the objective of facilitating the preparation or revision of existing legislation in the field of contract law. It shall be of assistance to EC Legislators by providing solutions to contractual problems within the EC. These solutions have been extracted from existing contract law within the Member States. It is hoped that this will, inter alia, modify the existing body of rules applicable to contract law within the EC. Work already done in this area has produced various pieces of legislation aimed at improving existin g laws. For instance, EU consumer protection law is a good example of all the work that has resulted in EC laws. R. Madelin, in his article, European Contract Law: Moving Forward Together, Director General for Health and Consumer Protection European Commission stated (at pg. 5) that it is hoped that the European Contract Law Project, and particularly the CFR, shall aide the pursuit of the following goals: achieving better regulation, boosting competitiveness and improving the functioning of the international market (see pg.5, R. Madelin, European Contract Law: Moving Forward Together, Director General for Health and Consumer Protection European Commission, Conference of the network of stakeholder experts on the Common Frame of Reference in the area of European Contract Law (CFR-net), Charlemagne Building, Meeting Room S2, 15 December 2004) Reshaping the legal landscape to enhance competitiveness within the EC ought to provide an environment in which businesses are able to operate within the EC in a more efficient and profitable manner. This should address some of the complaints which have been forthcoming from small and medium size enterprises, who were concerned, inter alia, about inconsistent and diverse contract laws throughout the Member States (see pg. 5 article). It was felt that a more consistent and transparent system would facilitate competitiveness by allowing businesses to conduct cross-border transactions in a more efficient manner by supplying goods and services in a more competitive environment. It follows that greater confidence in European Contractual Law would inject greater confidence in the EC business community and in turn increase cross-border transactions. Ultimately therefore, European institutions are responsible for introducing laws which will simplify, and be more coherent to facilitate transactions within the EC, which ought to eliminate, or at least reduce, legal obstacles to trade. The European Commission has committed itself to utilizing the CFR in order to improve the quality and coherence of contract law. The success and development of the CFR is due to the fact that it has received support from all European Community institutions, Member States and stakeholders alike. Following public consultation, the CPR was adopted. The objective of the CFR shall become a toolkit for the Commissions lawmakers, including the European Council and EC Parliament. The CFR shall also be of benefit as a source of reference for law-makers, judges and lawyers. The work carried out for consumer contract law has been particularly fruitful. For instance, in October 2008, the proposal for a Directive on Consumer Rights was adopted by the Commission. The ultimate objective of which was to make it easier and cheaper for Member States to conduct cross-border transactions. The Unfair Contract Terms Directive (1993/13/EEC) is only of eight pieces of legislation which is being analysed in relation to t he Review of the Consumer Acquis. Such initiatives are aimed at improving legislation by identifying and alleviating problems. For instance, the Unfair Contract Terms Directive has introduced the concept of ‘good faith into consumer contracts, in an attempt to redress any imbalance that may be present in a contract between a seller and consumer. In addition, the Directive sets out a list of terms that are to be deemed unfair in such contracts, and are thereby rendered obsolete if they are included in such agreements. It is a further requirement that terms are to be ‘plain and intelligible and any ambiguity shall be interpreted in the consumers favour. Therefore is accordingly a duty on Member States to ensure that the provisions of the Directive are implemented. Conclusion As noted above, the European institutions have been busy harmonising the laws applicable to contracts throughout the Member States. The work already completed with the CRF has ensured th at parties to contracts have participated in the process of harmonising the laws applicable to contracts. This therefore ensures that the rights and obligations of the parties to a commercial contract are reflected in the laws introduced by the EC institutions. It accordingly follows that there is no need for any concern if parties prefer to enter contractual agreements by conduct or statement. Providing such agreements are clear (see Section 2, Article 2.101 of the Principles), and that both parties are aware of the terms, and express their wish to be legally bound by the agreement (see Section 1, Article 2.101 of the Principles), the right to freedom of contract has been preserved. Given the differences in the Common law system adopted in Ireland and the United Kingdom, and the variations of the civil law systems adopted by the remaining Member States, these efforts by the EC institution et al to harmonise the contract laws applicable to Member States ought to improve the po sition of parties to commercial contracts by keeping them informed of their rights and obligations, which in turn, one would think, ought to ultimately reduce breaches of contract within the EC. Question B EU business law Critically assess the corporate structures within EU Member States. Introduction The corporate structures in Member States of the European Community (‘EC) differ immensely in their form and the practices that they adopt. The EC institutions have accordingly endeavoured to facilitate the smooth functioning of the internal market by harmoninsing the systems and laws applying to corporate structures throughout Member States. This assignment provides a critical assessment of the corporate structures applicable to Member States. More specifically, the work shall explore whether or not corporate structures within the EC are operating in an efficient manner. Given the limited word count of this work, however, and the complexity of the subject, the essay concentrates on one aspect of corporate structures within the EC; Golden Shares. The work shall highlight the efforts made by the EC institutions, particularly the European Court of Justice (‘ECJ), in attempting to bring about parity within Member States by eliminating obstacles t o the free movement of capital, as required under Article 56 EC Treaty. Golden shares inhibit the free movement of capital by discouraging foreign investment, inter alia, due to the special rights that are often retained by the holders of golden shares. EC law makers, particularly the ECJ, have endeavoured to bring a degree of semblance to the EC rules governing corporate structures in relation to ‘golden shares. This has been done through a process of sifting out the ‘golden shares and ruling them to be inconsistent with EC law. The assignment shall commence by outlining information about ‘Golden Shares before setting out numerous prominent ECJ case law pertaining to ‘Golden Shares. Finally, in the Conclusion, the work shall sum up the findings. Golden Shares A ‘golden share is a shareholding which derives from a former state-owned company, in which a government of a Member State may reserve, subsequent to its privatization. Such shares carry with them special rights which the government shareholder can enjoy. Albeit the government, despite being a minority shareholder, often wields rights which permit it to exercise undue influence over the company. This usually exceeds the percentage of the stake the government owns in the company. The special rights in question can come in the form of: power to veto certain actions by the company in question; limiting the size of other shareholdings; blocking foreign shareholdings; and a right to control the appointment of directors. Whilst being a relatively common practice in Member States, the EC feels that the practice is undesirable and has therefore sought to tackle such shareholdings. For instance, in 2003, the ECJ found that the UK government failed in its duty to fulfill its obligations in accordance with Article 56 of the EC Treaty, namely in respect of the principle of the free movement of capital. In addition, Spain was also held to have upset the ECJ by hol ding golden shares in numerous companies, such as: Repsol, an energy company; Telfoncia, telecommunications company; Tabacalera, tobacco company; Argentaria, banking group; and Endesa, electricity company. Again the ECJ held that the shareholdings held by the Spanish government in this regard were inconsistent with EC principles as they restricted the free movement of capital throughout the EC. The result of the ECJs judgment was that the Spanish government was compelled to change its relationships with the companies in question. The ECJ has illustrated, however, that its decision are thoroughly thought through before outlawing such shareholdings. For instance, the ECJ found that a Member State can derogate from the obligations under Article 56 EC Treaty of ensuring the free movement of capital, on the basis of retaining special rights as the holder of ‘golden shares, on grounds of national security, and in applying the principle of proportionality, when it decided th at Distrigaz, a Belgian energy firm, was permitted to retain its ‘golden share because it was a ‘legitimate measure designed to promote the general national interest in terms of the security of the national gas supplying times of emergency. However, the general consensus within the ECJ appears to be one of ruling such shareholdings to be inconsistent with EC principles. For instance, in 2006, the ECJ proved once again that it would not shy away from ruling that a Member State had infringed the principle of free movement of capital when the Netherlands government was found to have breached the principle by retaining special rights (golden shares) following the privatization of the national postal, Koninklijke KPN NV (‘KPN), and telecommunications companies TNT Post Groep NV (‘TNG). The shares themselves permitted the government to, inter alia, give prior approval of specific management decisions. The ECJ accordingly held such rights to be disproport ionate to the rights enjoyed by ordinary shareholders. It was accordingly felt that such shares could potentially discourage investors from other Member States from investing in the company. Conclusion The ongoing campaign by EC institutions, particularly the ECJ in this regard, in seeking to eradicate any impediments to greater liberalisation of the EC Member States markets, is clearly not complete. It is therefore highly likely that the eradication of government owned ‘golden shares is likely to continue unabated. That is that there appears to be no room for ‘golden shares in the ECs agenda. Whilst this may impact hard on the corporate structures of many Member States, the harmonization of the rules shall undoubtedly result in an increase in cross-border mergers, which includes former state owned companies in which the government hitherto held ‘golden shares. This may call for a shake-up of the current corporate structures in this regard, but the clos er cooperation of Member States can only enhance and improve the corporate structures. Bibliography Text Books: P. Craig and Grà ¡inne De Bà ºrca, EU Law: Texts, Cases and Materials, 2008, Oxford University Press P. Richards, Law of Contract, 8th Edition, 2007, Pearson Longman R. Goode, Commercial Law, New Edition, Penguin Cases: Commission v. Belgium C-503/99 European Commission IP/03/1753 Commission v. Kingdom of Spain Case C 463/00 Commission v. United Kingdom Case C-98/01 Journals: Ivan Kuznetsov, The Legality of Golden Shares under EC Law, Vol. 1 No. 1 2005, Hanse Law Review Omar Shah and Scott Campbell (Latham Watkins), End of the Golden Age ? The European Courts Move to Promote Greater Free Movement of Capital Within the EU by attacking ‘Golden Shares, World Trade Executive www.wtexecutive.com Philip Martinius and Matthias von Oppen, ECJ Delivers New Judgments Concerning Golden Shares, mondaq, https://www.thefreelibrary.com/ECJ+Delivers+New+Judgments+Concerning+%22Golden+Shares%22.-a0102820963 R. Zimmermann and S. Whittaker, Good Faith in European Contract Law, 2000, Cambridge University Press R. Madelin (Director General for Health and Consumer Protection European Commission), European Contract Law: Moving Forward Together, Conference of the Network of Stakeholder Experts on the Common Frame of Reference in the Area of European Contract Law (CFR-net), Charlemange Building, Meeting Room S2,15 December 2004 Structuring European Acquisitions, Reorganisations, and Investments : Third Edition, Reprinted with permission by World Trade Executive, inc. www.wtexecutive.com) Weil, Gotshall Manges LLP, Comparative Study of Corporate Governance Codes Relevant to the European Union and it Member States, On behalf of the European Commission, Internal Market Direct orate General , Final Report Annexes I-III, , January 2002 Additional Materials: Consumer Sales Directive 99/44 The Principles of European Contract Law 1998, Parts I and II – (Parts I and II completed and revised) Unfair Contract Terms Directive 93/13 Internet Sources: https://www.cbs.dk/departments/law/staff/ol/commission_on_ecl/members.htm https://ec.europa.eu/consumers/rights/gen_rights_en.htm#gar https://europa.eu.int/rapid/pressReleaseAction.do?language=ENreference=IP/03/1753 (15.3.2005) https://www.eu-consumer-law.org/index.html www.google.books.com www.lexmercatoria.org https://webh01.ua.ac.be/storme/CECL.html Under Article 2.102, a partys intention to be bound by the contract shall be discerned from the statements or conduct of the parties. The Directives in question are: the Doorstep Selling Directive 85/577; the Package Travel Directive 90/314; the Unfair Contract Terms Directive 93/13; the Timeshare Directive 94/47; the Distance Selling Directive 97/7; the Price Indication Directive 98/6; the Injunctions Directive 98/27 and the Consumer Sales Directive 99/44. See pg. 69, Omar Shah and Scott Campbell (Latham Watkins), End of the Golden Age ? The European Courts Move to Promote Greater Free Movement of Capital Within the EU by attacking ‘Golden Shares, World Trade Executive www.wtexecutive.com Commission v. United Kingdom Case C-98/01 Commission v. Kingdom of Spain Case C 463/00 Commission v. Belgium C-503/99 Ibid See European Commission IP/03/1753. Available at: https://europa.eu.int/rapid/pressReleaseAction.do?language=ENreference=IP/03/1753 (15.3.2005)

Thursday, May 14, 2020

Observation Home With Her Mother Essay - 2467 Words

ANECDOTAL OBSERVATION Child’s name: Lilu Date: 29/11/2016 Setting: Home with her mother Observer: Lauren Macnaught Observation: A child named Lilu is in her playroom with her mother. She is occupied with building blocks of different shapes and numbers in increasing order to make a tower. Meanwhile the child is in constant conversation with her mother seeking approval at every digit of the block, the child is having good identification of the digits. She is totally active and energized to complete the block starting from 1 to 10. The child is responsive towards her mother and is constantly participating in solving the riddle whether she stacked the block linearly in increasing order. The shapes of every cubical blocks were in increasing surfaces due to which the block remain stacked in other bigger blocks which is making the child clueless to the digit 2 and she thinks that it is lost. Interpretation, including developmental skills, concepts and dispositions/links to theory: The child is responsive and kind to her mother. With a silver lining of her identification memory, she is able to identify shapes and digits. But still lacks the logic to fit in the problem solving shoes. The communication skills is in the humour and she is good at it. While the child is not fully lightened socially but more curved toward the parents and teacher affection and care. Relevant Approved Learning Framework Links: Possible future planning: For the purpose of the child’s brain development,Show MoreRelatedEvaluation Of A Professional Social Worker Student Essay1564 Words   |  7 Pagesprotection of observation participants. Consent was given by the guardian of Pia as the guardian understands the observation and interview is for educational purposes only. Pia is 2 years old, with dark hair and eyes and of light brown complexion. Pia lives with her mother and father who are both parents are natives of Guatemala. The family speaks both Spanish and English. Spanish is the language of choice when in the home and English when conversing with Americans. For the sake of the observation and interviewRead MoreEssay on Holistic Biographical Narrative of a Child1180 Words   |  5 PagesIntroduction: In this essay I will be discussing about the observation of a nine month old baby girl called Sarah, who lives with her mother and father in a private home in East London. Her two parents are from different races but were both born in United Kingdom. During the observation Sarah’s mother used very different method to take care of her child. How it was assessed and observed the role her mother placed during the observation. Discussing the child`s physical development, cognitive developmentRead MoreChild Observation Paper1294 Words   |  6 PagesChild Observation Paper Jason Betts Pacific Oaks College November 12, 2012 The purpose of this paper is to discuss and review my observation of a 7 year old African American male who is being raised by his grandmother (45 year old Bi-racial female who has 9 children of her own; 7 of the children are still in the house). During my observation of â€Å"Jackson†, I focused on the following domains of child development: * Physical * Cognitive * Social * Emotional I applied AttachmentRead MoreA Short Note On Individual Student Observation Format Essay962 Words   |  4 PagesAppendix D – Individual Student Observation Format I. Identification of Subject: Age: 6 Race: Caucasian Gender: Male Grade: Kindergarten Location: Observation took place in the student’s home after school. II. Information Sources: Before completing my observation, I spoke to the mother to get a better sense of who the student is. She discussed his accomplishments, strengths, and weaknesses. She also gave me a better understanding of the family dynamic. I also reviewed the child’s report card fromRead MoreMary : A Year Old Female With No Disabilities Essay1576 Words   |  7 Pagesafter school by either her mother or uncle. We are the only people in the house. Mary has two or three homework assignments to complete every afternoon. In addition to homework, we work on supplemental materials provided by me to improve her understanding of the concepts presented in the homework assignments. Tutoring sessions are finished by 4:30pm most afternoons. The setting and times are the same for each of the ABC observations. Permission was obtained from the mother prior to gathering dataRead MoreChild Observation Paper1083 Words   |  5 PagesChild Observation Paper After observing a nine month old child for this Child Observation paper, the author of this paper has taken copious notes during the session. The purpose of this paper is recognizing the biological, cognitive and psychosocial development of the child. The author of this paper identified the background history of the child, the observation made and the development process of the child. BACKGROUND The child chosen for this child observation paper is a nine month old maleRead MoreObservation 1 Physical Development946 Words   |  4 PagesObservation 1 Physical Development Date 9/10/2012 Time 11.00am Number of children present 1 Number of adults present 2 Permission obtained from mother Physical Development: Physical development: The growth and development of the body’s muscles, bones, energy systems, and the nervous system. Description of setting: This observation took place at the TC home. Immediate context: In the main living room there is lots of cushions around the room, there is wooden floors and theRead MoreStrategies For The Study Child788 Words   |  4 Pagesa strong sense of self (identity). Additionally, Annika needs to be supported and exposed to various scenarios that will assist her to make decisions and direct her own play without forcing or dictating to others (abilities). Support strategies for these two aspects will now be discussed. 1. Annika continues to learn through play in order to discover and strengthen her sense of self (identity): Both Annika’s parents have an extremely busy work schedule due to holding such high-regarded roles withinRead MoreYoung Girl With High Functioning Autism That Has Issues With Her Emotions And Effective Communication Essay1225 Words   |  5 Pagesautism that has issues with her emotions and effective communication. For my research, I used observations of the child, interviews with significant people in her life, like her parents and teacher among others, books and the internet. The child can function in an inclusive classroom with the proper guidance and instruction. Introduction I did a case study on a 4 year-old girl with high functioning autism named â€Å"Sabrina Smith†. She has difficulty communicating with her family and peers and often becomesRead MoreMy Observation Of Children During Family Settings981 Words   |  4 PagesDemographics For my observation of children in family settings, I observed my nephew Maison inside his home. This observation occurred on October 24, 2015 from 6:00-8:30. This observation took place in their home on a school day so no major activities in the home were going on at this time. It was an average day for the family where the children were picked up from after school daycare due to the fact that both parents are working. During the observation, Maison’s entire family was home. These included

Wednesday, May 6, 2020

The Rosewood Films Depictions of the Rosewood Massacre

Racial tension between African Americans and whites caused an excessive amount of violence in the city of Rosewood. Citizens of Rosewood, Florida were victims of racial violence in 1923, which lead to eight documented deaths in the city. The city of Rosewood took a turn for the worst on January 1, 1923 when Frances â€Å"Fannie† Taylor claimed that she was assaulted by an African American man who enter her home without invitation. Many of the African American families that became involved knew that Mrs. Taylor was not telling the truth. Fannie lied to the people of Rosewood to fabricate the truth of her having an affair with another man. The man that assaulted her was not an African American; it was Fannie Taylor’s lover. Because of the lie, the city of Rosewood was instantly torn into pieces. The Rosewood massacre was not a well known historical event. To bring awareness to an important part of African American history, John Singleton decided to create a motion picture based on the Rosewood events. The movie displays the town that was filled with racial prejudice. It shows the many injustice attacks on the African American community. John Singleton did an exceptional job bringing the horrific racist events of 1923 in Rosewood, Florida to the eyes of billions. In the movie, a fictional hero was created. His name was Mr. Mann. Mann helped save many blacks that had no idea as to what they should do. Mann helped the surviving members of the Carrier family, the women and

Tuesday, May 5, 2020

The Increasing Gap Between the Wealthy - MyAssignmenthelp.com

Question: Discuss about theIncreasing Gap Between the Wealthy and the Poor. Answer: Introduction: Rich is becoming richer and Poor are becoming poorer. The issue of integrating gap between the wealthy and poor has always been an issue of serious concern. This gap is because of the income inequality, the variance between the incomes of people in Australia is immense which in turn leads to enhanced gap between the rich and poor strata of the nation. A research has proved that the twenty percent of the total population of the nation receives half of the total population of the Australian continent, whereas on the other hand, the poor population has received just four percent of the national income(Schipp., 2016). Mark McCrindle, social demographer, through his analysis of Australian Bureau and statistics wealth and income data has stated that Australia is on the verge of losing its image as the continent or land of the middle class. If one goes through the statistics available the wealth of the top people in Australia has integrated by 28 percent from 2004 to 2012. On the other hand the poor strata have just grown by 3 percent. Better job opportunities were created in order to counter the inequality, but the inappropriate and unequal wages contributed to increase the gap. Australia has embraced the path of sustainable economic growth for the last twenty years. Income helps up to plan the consumption and living standard of a household(Judith., 2015). There had existed an appropriate time in the history of the Australian continent when the economic life, houses and every other asset were affordable. There was a time when loans could be easily waived off on an individuals salary. In comparison to the past, the income of approximately quarter of families has declined. According to a survey, 46 percent of the population has income above $ 100,000, whereas, 17 percent of the families have an income under $ 40,000 which has decreased according to the statistics from the past. The Australian household lifestyle has depicted enhancement in the style of living by 1.9 percent, but is predicted to grow by just 0.2 percent in the coming years and huge income drops are expected to take place in Australia. The OECD reports state that half of the creation of jobs in the country is that of non-standard work ever since the mid-1990s. Beneficial factors and the effective tax regimes have come to a decline, according to the past records of the coun try(Anna., 2017). This widening gap between the two sections of the country will affect the growth of the nation. This gap has led to varying significant of people in the society. The poor people find it difficult to match up the level and living standards of the rich strata which in turn degrades their opportunity for a clear level of prosperity in the society. Due to this gap new habits and rituals are coming up which is ultimately increasing the gap between the rich and poor people. The OECD report states that the wider gap in the education system of the country has led to weaker work force. These are some of the problems that are being faced, but they can be easily tackled if all the citizens are provided with a fair opportunity for education and healthcare. It is essential for the growth, betterment and prosperity of a nation fill up such gaps and provide everybody with the chance to live in comfort, according to the hard works they put in to lead through(Sarah., 2014). Some of the major named reasons for this widening gap are namely, job insecurity. In a survey conducted regarding the same it was found out that one out of every other three persons was insecure about his/her job, which is 7 percent more than the statistics from the last survey. Around 37 percent people stated the difficulty in finding a new job in case of job loss or unemployment. 60 percent of the part time employees demanded an increase in the working hours and the rest 70 percent demanded a regular job. A cut in wages, due to numerous reasons is another factor contributing to this enhancing gap. In the social scenario the amount of income received plays a vital role to maintain the balance in the society. In 1950s the gap has started widening up and currently the gap is at its top point. Such inequalities within a nation further press the economic matters and in turn affect the productivity, which ultimately can lead to financial crisis in an economy. Hampering the labor growth can yield economic instability in a nation(Anne., 2015). Health is an issue that needs to be managed appropriately as if an individual isnt mentally, socially and physically healthy, he/she cant add on to the productivity. The gap often leads to such factors which affect the health of the bottom population. Educational opportunities should be made available for all the people of the nation as it will lead to skilled labor force. The education can help citizens with availing better job opportunities and yielding productive capacity(Lenore., 2015). Inequalities can lead to the hampering of investments being made and the political and economic stability across the country. It is visible that the rising impact of the rich people in the society has made an effect on the financial benefits of the po or and middle class and has in response turned down the long and short term growth. Such inequalities lead to the destruction of social and trust factors which hamper the investments being made. Inequality between the rich and poor make the solving of disputes even more difficult. It acts as an obstacle in the conflict, economics, which can in turn degrade the opportunities available for the citizens(Michael., 2013). It was in the news that the richer strata of the Australian continent earn five times more than the people at the bottom line. The richer strata are the owner of 70 percent of the wealth of the bottom 20 percent(Will., 2015). The report stated that despite the efforts put in by the government in order to decrease the gap like the creation of more employment opportunities and the enhancement of wages for the workers. But, all the advantages have been again availed by the wealthier strata of the Australian continent which clearly depicts that the richer population is getting richer whereas, the poor are getting no benefits(Peter., 2014). Conclusion: The need of the hour in the Australian continent is social justice in terms of economic layout and social scenario. In order to eradicate this widening gap between the wealthy and the poor requires revolutionary transformations in the capitalism model(Federico., 2014). The unorganized split of wealth in the population needs to be analyzed and tackled appropriately in order to avoid the worst comings in the future. Bibliography Anna., P., 2017. The Sydney Morning Herald. [Online] Available at: https://www.smh.com.au/business/workplace-relations/divide-between-rich-and-poor-in-australia-is-growing-20170203-gu5bkw.html [Accessed 8 may 2017]. Anne., H.D., 2015. PARLIANMENT of AUSTRALIA. [Online] Available at: https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/BriefingBook44p/EconEffects [Accessed 8 may 2017]. Federico., C., 2014. Australian policy online. [Online] Available at: https://apo.org.au/node/42752 [Accessed 8 may 2017]. Judith., I., 2015. The Sydney Morning Herald. [Online] Available at: https://www.smh.com.au/federal-politics/political-news/gap-between-rich-and-poor-growing-and-will-get-worse-report-20150914-gjlxhf.html [Accessed 8 May 2017]. Lenore., T., 2015. Theguardian. [Online] Available at: https://www.theguardian.com/australia-news/2015/jun/21/australian-inequality-rising-as-top-20-increase-wealth-and-income-report [Accessed 8 May 2017]. Michael., F., 2013. Australia Government The treasury. [Online] Available at: https://www.treasury.gov.au/PublicationsAndMedia/Publications/2013/Economic-Roundup-Issue-2/Economic-Roundup/Income-inequality-in-Australia [Accessed 8 may 2017]. Peter., W., 2014. The Conversation. [Online] Available at: https://theconversation.com/income-and-wealth-inequality-how-is-australia-faring-23483 [Accessed 8 may 2017]. Sarah., W., 2014. The Sydeney Morning Herald. 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