American Then and Now Essay Topics

American Then and Now Essay TopicsThere are many then and now essay topics to consider in high school, high school English classes, or college. While there is a massive difference between then and now, it is always important to remember that past is always present.It has been well documented that as a nation we seem to worry more about our current events than the events that shaped us in the past. It seems that no matter what other countries do to us in the present, we tend to worry more about what they are doing in the past. We find it quite fascinating that in our present time, the United States of America has been established by people that have fought a war against another nation.The United States has been defined by how we have reacted to the nation's past. Many of the warring factions in the present nation gave up their firearms and swore an oath to the Constitution. Although their warring may be remembered today as having been the best we could have done at the time, the fact is that they felt that their then was better than our present.During the times of our then and now essay topics, President Abraham Lincoln said that as far as he was concerned, the war was over. The war was all but won. The only way a war could end was by 'reconciliation.'As the Civil War between the North and the South developed into a nation of individual states, the blood flowed freely. Many citizens surrendered without a fight and were executed as traitors. No one knew at that time that they were fulfilling their sworn oaths.Before the founding of the Republic of the United States of America, it was common for groups of citizens to rise up and resist each other with guns and swords. Most often than not, the citizens being used as pawns in political power struggles. The warring parties had many reasons for their actions, most of which were based on religion, race, ethnicity, and culture.James J. Barding wrote 'Beyond the March of Reason' that society is structured around the way we react to our then and now. In the case of Lincoln, he became a president that had to deal with national turmoil. It was when he served as the commander in chief of the Army and then became the president that he took his oath to uphold the Constitution.Who will you become? How will you react to the nation's then and now? You can try to correct the problem, or you can learn from the past.

Easy Topics For Essay Writing

Simple Topics For Essay WritingEasy points for exposition composing are abundant, however where do you start? Do you have a particular theme that you need to take a shot at? Possibly you need to compose a proposition or blueprint a school educational plan. If so, there are numerous simple themes for article composing that you can pick from.Before you can start composing the ideal exposition, you have to choose a subject that you will need to cover. You may likewise need to think about whether you need to compose a paper on something that is simple or even enjoyable to expound on. Many individuals appreciate composing papers all alone, yet in the event that you need some assistance with composing the articles, there are still a lot of individuals who love helping other people out with their assignments. While picking simple themes for exposition composing, ensure that you consider how much assist you with willing need with the project.One of the least demanding simple points for paper composing is science. Since such a large number of various sorts of things can be explored, you could investigate nearly anything identified with science. You can pick a science exposition subject of your decision and do an examination on it. At the point when you are composing an exposition, it is imperative to remember that you are utilizing the exploration to make a decent initial introduction of yourself, so ensure that you utilize great language structure and spellings. This will cause your peruser to feel that you are astute and proficient with regards to the topic.Make sure that you figure out how to expound on specific things that are intriguing to you. Ensure that you expound on your preferred things and have them remembered for your paper. Ensure that you utilize your preferred nourishments, films, TV shows, and books in your essay.One of the most well known subjects for expositions nowadays is history. You can pick a subject of your decision and work admirably with this one. It isn't as simple as it sounds in light of the fact that there are a wide range of subjects of history that you can look over. Regardless of whether you pick the Revolutionary War or the Civil War, you ought to do an intensive exploration on the topic.You may even decide to expound on the things that you love to do. For instance, in the event that you are into composing, you can compose a history paper about the renowned essayists that you respect. Whatever you do, ensure that you put quality data into your paper with the goal that your perusers will cherish the things that you are composing about.You ought to likewise remember pictures and different pictures for your article. Regardless of whether you need to incorporate photos or graphs, there are numerous ways that you can add pictures and outlines to your paper. The primary concern that you need to do is to expound on themes that you know about or things that you are keen on. You can discover pictures of creatures, ladies, and even vehicles on the Internet, yet you may need to look through a tad to discover them.These are probably the most straightforward points for article composing. Attempt to consider things that you know about and need to become familiar with. At the point when you have a thought, you can generally discover data that will assist you with composing your article.

Essay Topics For High School Students

Essay Topics For High School StudentsThere are many essays for high school students to choose from when writing an economics essay. High school students who are trying to figure out what topic they should write will need to know where to find them. The good news is that there are plenty of resources that you can use to help you choose the best essay topics.Most high school students who want to write an economics essay don't have a clue as to what topics they should write about. Many students get a little nervous before they even start writing their essay because they don't know what kind of topics to write about. But this doesn't have to be the case. It's always a good idea to start with a topic that interests you and then figure out how to weave your essay into the topics that you have chosen.The first thing that most high school students should know is that there are dozens of different topics that they can choose from when they write their essays. Each topic can be done in differe nt ways. You can choose a topic that has been covered a lot over the years, or you can go with something that hasn't been talked about much, but that is still relevant to your topic.One of the most popular topics that high school students are choosing to write about is college topics. College students often want to know what it was like to go to college in the 80s. They may also want to know what it was like to go to college in the 70s or in other periods in the past. Topics like these are all great topics to choose when you are writing an economics essay.Of course, you won't find topics like these if you simply pick a topic that's been talked about a lot in the past. There are plenty of topics that are a lot fresher and that are still relevant to your college topics. You may find that one topic that's been talked about a lot in the past is a new idea to many people these days. If this is the case, then your topic will probably be fresh and new to many college students.One of the bi ggest topics to write about when you are writing an economics essay is current issues. Current issues can be a lot more interesting than some other topics. It can be hard to find subjects that are current, but it can be a lot of fun to research them and put together a fascinating essay. A lot of students decide to write about current issues as a result of their classmates being more interested in current issues than topics that have been talked about a lot in the past.There are some topics that are definitely not too fresh these days. In fact, these topics can be very dull and boring. This is why you need to take the time to do some research and find the topics that are more interesting to people than they were in the past.Economics essay topics for high school students are a lot of fun to write. They allow you to express yourself in a lot of different ways. The topics that are written about are going to be very personal to you, and it's a good idea to choose topics that have been i nteresting in the past. You can choose topics that are fresh today and topics that are fresh in the past.

University Essays For Sale

College Essays For SaleWriting for the tests can be very troublesome, yet for the individuals who are sufficiently skilled to compose scholarly papers for the tests, they can win cash with college papers available to be purchased. These online assignments require a lot of work and considerably more tolerance. In spite of the fact that it may not appear it, these essayists get paid well for their hard work.Papers that have been composed for college assignments sell for a great deal of cash. Truth be told, some sell for as much as a thousand dollars. The expositions composed for the tests are generally long and contain loads of nitty gritty data about a specific subject. They are point by point, useful, and right in each detail.If you are keen on participating in selling your college expositions available to be purchased, at that point the primary thing you have to do is ensure that you can pay for them. Hopefully you will utilize a charge card or PayPal to buy your expositions, since thusly you will have the option to get the papers at a lower cost than if you were to simply sell them.Once you have picked a point, you should begin composing your college papers available to be purchased. Prior to you even start, you should peruse the current test material that is accessible, with the goal that you realize what will be asked of you when composing the paper. Doing this in advance will assist you with deciding the amount you should sell the papers.When you begin on your paper, the main thing you have to do is compose a decent framework of what you are going to cover. After you have done this, you have to compose the whole paper. You ought to never compose more than each paper in turn, since it is workable for the exposition to come up short on steam before you finish the other one. Continuously compose the entirety of the data that is required, so as to keep your composing organized.Writingfor the tests is something that numerous undergrads face all through their ti me at school. Lamentably, numerous individuals who decide to proceed with their training find that they think that its hard to concentrate on one subject. On the off chance that you are somebody who has not had a great deal of fixation or consideration previously, at that point you ought to consider composing for the exams.Selling your scholarly papers for cash isn't simple. Truth be told, it tends to be very upsetting, on the off chance that you are dealing with only it. On the off chance that you are selling them as a gathering, however, it will be simpler for you to get the papers composed. A great many people who sell their articles for others find that they appreciate doing it since it is an approach to make some extra money.Selling your college expositions available to be purchased can be rewarding. Despite the fact that it isn't as simple as it looks, it tends to be beneficial on the off chance that you are eager to invest the energy and exertion important to complete your pa pers. On the off chance that you need to bring in cash from selling your scholarly papers, at that point you ought to consider doing it on the web.

Common Technology Research Essay Topics

Regular Technology Research Essay TopicsStudents inspired by innovation examination might be enticed to pick subjects that intrigue to their inclinations. Indeed, even the most scholastically smart understudy, in any case, can't compose a decent paper on each theme that comes their direction. When composing research articles, understudies should choose innovation related subjects that permit them to investigate the elements of registering and its application. These sorts of themes are broadly utilized in scholastic examination and will improve an understudy's composed correspondence skills.One of the significant key territories that understudies ought to consider while picking innovation research subjects is the job of the Internet in our regular day to day existences. Numerous understudies become inquisitive about the Internet, and examination papers that manage the Internet will accordingly have an expansive extension. It will regularly be vital for the understudy to talk about a p articular point, for example, the job of the Internet in training. This sort of exploration paper will concentrate on a solitary part of the Internet. It very well may be important to consider issues concerning Internet use overall, and not simply on how the Internet identifies with the improvement of learning.Another kind of paper, frequently picked by understudies who need to join their inclinations in a field with their composing capacities, is known as a diverse article. This sort of examination concentrate commonly investigates the social and social parts of a specific culture or network. The understudy must relate the investigation of the specific culture to a more extensive investigation of the whole Internet and its effect on society.Different societies see the Internet in various manners. Understudies who wish to utilize innovation examination to investigate the way of life of various nations should incorporate other social perspectives into their compositions. By thinking about the distinction between various societies, it is conceivable to accumulate information about how individuals in various nations have changed after some time, while as yet investigating explicit parts of a particular culture.Finally, there is looking at the reason for the genuine site, instead of simply utilizing it to send and get data. There is a basic differentiation between investigating the utilization of the site and examining the real site itself. Understudies who utilize this methodology will have the option to build up precisely what the reason for the site is, and how it very well may be changed into something helpful to a specific country.A research paper can be set ever, in fiction, or actually. Each sort of examination paper is perfect for an online source, for example, the Internet. For instance, an English examination paper can be set in recorded settings, for example, the Hundred Years War or Shakespeare. It can likewise be set in reality, with information from the present mechanical society and the general public that preceded it.Students may likewise need to consider investigating the capacities and rules of an innovation. For instance, one might need to concentrate on the laws identified with electronic democratic. It might likewise be critical to consider the mainstream society that encompasses the PC or the Internet. An understudy might need to look at the media and culture of the U.S. to those of other countries.Because these essential inquiries will assist understudies with creating unique work, it will be significant for them to put together their examination with respect to current innovation and current circumstances. When the nuts and bolts of innovation research are comprehended, composing research papers turns into a simpler procedure.

Anthropology PhD Admissions Essay Samples

Human sciences PhD Admissions Essay SamplesThe principle point of composing an Anthropology PhD confirmation article is to show solid composing aptitudes. There are a few journalists who are experiencing composing issues because of their absence of information regarding the matter. Here, you will figure out how to read for your Admission Essay and discover what sort of survey it will receive.There are various suppositions about the most ideal approaches to get ready for affirmations papers. This is primarily on the grounds that there are such a significant number of things you have to consider while thinking of one. The key here is to ensure that your exposition doesn't appear to be dry and exhausting. For this, you should exploit a wide range of training tests out there.What is a decent method to discover human sciences PhD affirmations exposition tests? The appropriate response is straightforward: the web. You can discover a plenitude of sites that offer examples for confirmation a rticles. The significant thing here is to know which sites you should utilize. You can go to some web crawlers and type in 'human studies PhD confirmation essays'.It is consistently an impractical notion to simply utilize any site that you find. Recollect that in the event that you do, it will be for an incredible remainder. On the off chance that you have a site that has content that you feel is fitting for a PhD affirmation exposition, at that point it is the perfect spot to go.Don't overlook that your confirmations papers are additionally assessed by the College Board (otherwise called CPA or the Council for Higher Education). It must be done after they have just inspected your application. To have your application acknowledged, you have to breeze through this assessment. You can anticipate that your paper should be a significant piece of your accomplishment in getting acknowledged to the program.In request to accomplish the best outcomes, ensure that you locate the best articles accessible. You ought to likewise concentrate all the Anthropology PhD confirmation exposition tests accessible so you can make your own interesting article. You will have the option to analyze them and locate the ones that are generally applicable to your own needs.As long as you recognize what sort of data that you need to incorporate, you can compose anything you desire on your exposition. Simply recall that you won't get any exclusions on the off chance that you have to present the paper for a CPA test. In the event that your examination is without a doubt strong, at that point you ought to have the option to persuade the College Board that you have the right to apply to a human studies PhD program.Remember that a decent article composed on your Anthropology PhD confirmation exposition will win you the acknowledgment that you need. Ensure that you cautiously consider all the various examples that are accessible to you before choosing which one to utilize.

Writing an Imagery Essay

Composing an Imagery EssayImagery paper subjects are the foundation of a successful Imagery exposition. Since these points are so significant, you will need to invest some energy exploring and applying research standards when you are setting up your Imagery article theme. At the point when you realize what's in store, you will have the option to make an Imagery paper that is both connecting with and engagingly written.It is ideal to begin exploring Imagery article subjects before you start composing your Imagery exposition. Along these lines, you can begin with a theme that you realize you will have the option to fuse to your point. At the point when you start to explore the subject, you will need to see if or not it is a theme that numerous individuals use to outline and clarify their focuses. Realizing the subject will give you a favorable position over the individuals who are composing the exposition before you.Imagery paper themes are by and large idea of as the utilization of pi ctures in the article. Be that as it may, Imagery expositions don't really must have pictures remembered for them. Symbolism paper themes don't need to be about pictures and pictures. It is anything but difficult to tell when the exposition is an Imagery paper on the grounds that the style of composing will mirror the topic and will draw on the historical backdrop of storytelling.Since Imagery article points are not about pictures, it is a decent exploration technique to compose an article that contains pictures and sounds, yet doesn't have them depicted as an indispensable piece of the exposition. On the off chance that this sounds troublesome, you can choose an exposition that is just about content and afterward give a short clarification of what the content methods, just as featuring the contrasts among text and picture, utilizing citations, and utilizing diverse content sorts to include a component of shock and interest to the reader.You will likewise need to pick a paper that h as great composing aptitudes. Great composing aptitudes are significant when you compose articles since you will need to ensure that you give your peruser a reasonable and succinct clarification of your point oridea. Composing that is too tangled or troublesome can make it increasingly hard for your perusers to express what is on your mind, which can influence your perusing and perception of the essay.Imagery exposition themes are commonly founded on abstract works, however there are special cases. Symbolism expositions with solid visual components incorporate network shows, motion pictures, or narratives. The thought is to discover an article that manages a similar subject and utilize an alternate medium to loan an alternate point of view to the essay.Imagery paper themes are not constrained to the field of writing. There are an assortment of subjects that you can use to delineate your point, for example, computer games, prepackaged games, books, TV, motion pictures, music, and the web. Your Imagery exposition subject ought to be one that you are proficient about and have a strong comprehension of, and it ought to be applicable to the point that you are attempting to make.It is extremely simple to explore Imagery article themes via looking on the web. Search for the sort of subject that you might want to remember for your exposition and quest for sites that are identified with your theme. A portion of different devices that you can utilize incorporate word references, reference books, and mainstream databases. The additional time you spend doing investigate, the better you will comprehend the theme that you are expounding on.

Writing Essay Topics - How to Choose the Ideal College Essay Samples

Composing Essay Topics - How to Choose the Ideal College Essay SamplesStudents are frequently overpowered by their choices for article composing while looking for exposition tests, so finding the ideal paper subject might be one of the most vital strides to your composing vocation. The correct subject can go far toward improving your evaluations, just as helping you increment your fame on campus.College article themes are not hard to concoct, yet you need to be certain that the material is important and in accordance with the sort of taking in you anticipate from the school. Your task will be rounded out by the educators, and they will assess it dependent on what is composed inside the document.The objective for understudies who discover exposition tests hard to explore is to comprehend that there are diverse article composing styles. The exposition tests picked will be the one that mirrors your composing style the best.In expressions of paper tests, article themes that are adequate and acknowledged are called 'standard' papers. They spread such themes as rationale, history, language, reality, supposition, social concerns, and issue solving.To pick paper tests that are required to pass certain prerequisites, the most well-known sorts are the exposition test that is three or four sentences in length, and incorporates a presentation and end. These must be submitted in a three-page structure, in spite of the fact that the length of the principal sentence may differ from one school to another.If you are exploring exposition tests to plan for a school selection test, the motivation behind the article is to exhibit your expository and thinking aptitudes. The objective is to furnish your teacher with enough data to evaluate your general capacity to get a handle on the material being introduced to you.The article you ought to make is composed from the perspective of the writer, and this ought to be the manner in which you utilize the exposition tests you find. You need to make your article as unique as could reasonably be expected, and even use tests that are utilized in numerous other school papers, if necessary.Finding exposition tests that address your particular needs is basic to passing the article composing prerequisite for your classes. You might need to discover an essayist who has practical experience recorded as a hard copy for school and lead more research regarding the matter.

Modern Perspective On Contractual Obligation - Free Essay 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. 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)