Curriculum Based Assessment Research Paper Example | Topics and Well Written Essays - 3000 words

Curriculum Based Assessment - Research Paper Example The research sought to establish the possibility of developing a formative assessment system. Teachers could use this system to grow their effectiveness in teaching learners with academic disabilities. Eventually, a comparative study showed that teachers were more effective on using this formative model. In this regard, the validity criteria and conventional credibility in writings, expressions, and spellings were emphasized. There were three key questions addressed in creating a curriculum based assessment procedures. This included the mode of structuring the activities of evaluation in order to produce adequate data, the parameters of measuring the results, and the possibility of using the data to grow educational programs (Stecker & Fuchs, 2000, P.130). These questions were answered using a systematic evaluation of three major issues relevant to each of the measures. The logistical feasibility of the measures and treatment of utility or validity of the measures were technically ev aluated. The procedures for developing the assessment have been specified and will be briefly discussed. Definition Curriculum is the content that is organized for delivery to students. It is done with respect to sequence and scope of methods and materials by intended learning results (Lemons et al, 2013, p.450). Curriculum based assessment is a term that is used to refer to school based assessment that evaluates student performance in accordance to what is being taught. Curriculum based test measures the functioning of student in relation to knowledge and skills as outlined in the curriculum. It is noteworthy that the curriculum-based measurement measures the progress and competency of a student in the basic areas of skill such as... This essay approves that curriculum based assessment is an approach to measuring the educational growth of each student. The main objective of the curriculum-based assessment is to assist teachers in testing the effectiveness of the lessons offer to individual students. Curriculum based assessment has both advantages and disadvantages. They are efficient and economical in that most of the important characteristics that are used in developing curriculum based measurement procedures are within the context of the ongoing instructions. This report makes a conclusion that the results of CBM research have provided a ground for developing standardized procedures of measurement used to evaluate the effects of modifying the students’ instructional program. A research on the student’s achievement effects on teachers of special education using these procedures proved that the effectiveness of instruction could be improved by the use of CBM in formative evaluation. The assessment of CBM focuses mainly on reading and math as a basic skill. The broad focus is on the measurement areas, basic skills, behavior and others. The basic skills of reading, spelling, math, written expression and critical thinking skills are assessed. Curriculum based assessment procedures focus majorly on special education planning and development. It is evident that response to intervention is nowadays common. This improves teaching and learning with regard to the effective component of RTI that requires particular attention from admini strators.

A Review Of Acheson Report Health Essay

A Review Of Acheson Report Health Essay The report also calls for more funding support to schools in deprived areas, better nutrition and the concept of health-promoting schools. Benefit levels for providing nutritional meals to children should be increased and food should be more affordable for fulfilling nutritional needs of children. The report also focuses on smoking and drinking problems urging for restrictions on smoking in public places, a ban on tobacco advertising and promotion, mass educational initiatives, increases in the price of tobacco and the prescriptions for nicotine replacement therapy. The Acheson report also suggests close links between health and mortality rates. The Acheson report has been instrumental in shaping, directing and implementing several changes in the NHS Health policy. Several studies and research reports have been published on the impact and influence of the Acheson report on changes within health care policy. The Acheson report identified three crucial areas on social gradient and health inequalities and suggested that: a high priority should be given to the health of families with children; all policies likely to have an impact on health should be evaluated in terms of their impact on health inequalities; steps should be taken to reduce income inequalities and improve the living standards of poor households. The Acheson Report and UK Health Policies The Acheson Report 1998, an Independent Inquiry into Inequalities in Health was similar to the Black Report 1980 and can be considered as a Department of Health review of the evidence on inequalities in health in England. The Department of Health has responded to the Acheson report by taking an official course of action. The Department of Health mentions that tackling health inequalities is a top priority for the Government, and is focused on narrowing the health gap between disadvantaged groups, communities and the rest of the country, and on improving health overall. The strategy for addressing this problems is published in, Tackling Health Inequalities: A Programme for Action that lays the foundations for meeting the Governments target to reduce the health gap on infant mortality and life expectancy by 2010.A programme for action include a three-year plan for tackling health inequalities and to help local organisations improve the way services are delivered to disadvantaged groups. The programme for action in response to the Acheson report is based on: Supporting families, mothers and children Engaging Communities and Individuals Preventing Illness and providing Effective treatment and Care Addressing the underlying determinants of health The Acheson report suggests that socioeconomic inequalities in health and expectation of life have been found in England for many years and there have been data identifying differences in longevity by ones socioeconomic position. Inequalities of health are measured in terms of mortality, life expectancy or health status and could be categorised by socioeconomic status, ethnic group or gender. The Acheson report suggested that there are differences in the health status of mothers, babies, people of lower socioeconomic status and people who smoke or drink heavily. The report definitely shows that death rates are falling in England and the rates have fallen since 1896. Thus life expectancy seems to have risen in the last few years although healthy life expectancy has not been rising. In fact the proportion of people with long standing illness has risen from 15 percent to 22 percent (Acheson Report, 1998). The Acheson report thus gave new insights on health policies and identified issues that contribute to an increased rate of mortality and possible ill health. It identified several socioeconomic determinants including income distribution and household below average income, education, employment, housing, homelessness, public sector, transport and health related behaviour. Following the report, the Choosing Health White Paper given by the Department of Health sets out the key principles for supporting the public to make healthier and more informed choices in regards to their health. Through the paper, the Government has provided information and practical support to get people motivated and improve emotional well-being and also provide access to services to encourage people to make healthy choices. The government has also drawn up a food and health action plan that focuses on the ways that better health can be achieved through better nutrition at all stages of life and for different groups in society, recognising and addressing different needs, particularly those of disadvantaged groups (Choosing Health, DH, 2004). The government has also set up the Health Improvement Plan and a new NHS plan for tackling health inequalities 81% of people in higher socio-economic groups consider themselves to be in good health now, compared with 61% of people in the lowest groups 76% of people in the higher groups expect to be in good health in 10 years time, compared to 53% of people in the lowest groups (DH, 2004). Putting forward the NHS improvement plan, the Government reiterated the NHS commitment that the NHS is motivated to prevent disease and improve health in general. The Government policies are focused on the fact that inequalities in health cannot be accepted and the fundamental objective is to create healthier choices for disadvantaged groups. The NHS Improvement plan was laid down in 2004 to not only counter health inequalities but also provide better quality of care to patients and provide safer and more effective treatment. The NHS Improvement Plan set out modernisation and health plans putting patients and service users first through more personalised care; a focus on the whole of health and well-being, not only illness; and further devolution of decision-making to local organisations. (DH, 2004) According to the Government report and Action Plan laid out in then Choosing Health White paper the nutritional priorities were given as follows: increase in the average consumption of a variety of fruit and vegetables increase in the average intake of dietary fibre to 18 grams per day reducing average intake of salt to 6 grams per day reduce average intake of saturated fat maintaining the current trends in reducing average intake of total fat reducing the average intake of added sugar (Choosing Health White paper, 2004) The Government took several steps to ensure that the recommendations of the Acheson report is considered for any further changes within the NHS. Accordingly major steps have been taken to ensure consumer awareness on the consumption of healthy foods and development of good food habits. Reducing the proportion of fat, salt in the diet has been recommended and retailers and caterers have been asked introduce healthier range of foods and offer such foods in convenient stores, centre locations and in remote areas of the city. In a plan to tackle health inequalities, the Government has focused on many plans including Offer people personal health plans with support from the NHS. Recruit NHS health trainers to provide advice and support for people to develop their personal health plans. Provide services in the areas of highest need. Offer disabled people the option of taking up a health check. (DH, 2004) Considering the Acheson report on the exaggerated problems of health care among pregnant women and children, the government has also provided eligible pregnant women with vouchers that can be exchanged for fresh fruit and vegetables, milk and infant formula through a new scheme called Healthy Start. A Sure Start scheme is also in place for providing training, guidance and support for early years to children. Practitioners encourage changes in parental behaviour and improve the social and emotional development and physical health of children in the early years. Community Parental Support Projects are also in place that involves training of lead workers in 500 communities. Healthy Schools programmes are encouraged to target deprived schools including Pupil Referral Units. The Government has promoted the concept of healthy schools by 2006, working towards a healthy school status by 2009. The concept of Healthy schools, Sure Start and the Concept for providing Parental Support as well as providing people with personal health plans are some of the steps that the government has taken to ensure the promotion of health. Some of the objectives of the Action Plan have been given as follows. Following the Acheson report, the government focus has shifted from the one aimed to meet national targets to a different approach that could be given as follows: standards are the main driver for continuous improvements in quality; there are fewer national targets; there is greater scope for addressing local priorities; incentives are in place to support the system; and all organisations locally play their part in service modernisation. (Care Standards Planning Framework, 2004). Research Studies We discuss several studies which deal with the Acheson report. Oliver and Nutbeam (2003) point out that health inequalities has been considered seriously for an approach to improve health care and government policies have been developed to explicitly address existing health inequalities that has become an important issue since Labour has returned to power in 1997. The development of health inequalities policies, have been critically examined to assess how such policies could or should be developed. The authors point out that progress in the development of health inequality policies has been made although the progress is less than expected or ideal. Kisely and Jones (1997) have written on the issues of public health ten years after the Acheson report. They point out that the issue of communicable disease control and the role of public health medicine is of considerable concern in the light of outbreaks and NHS reorganisations. The Acheson report seems to have highlighted several issues in this regard. Yet as Kisely and Jones the Reports findings have yet to be fully implemented. The paper calls for a further review of public health function and should include the removal of the specialty from management costs, and the clarification standardisation of the roles of the Director of Public Health (DPH), CPHM and other members of the multi-disciplinary public health team (Kisely and Jones, 1997). Possible organisational implications for a public health approach have also been suggested. Tarlov (1999) has delineated four conceptual frameworks providing the bases for constructing public policy strategies for improving population health and this include: (1) Determinants of population health. (2) Complex systems: (3) An intervention framework for population health improvement. (4) Public policy development process with two phases of public consensus and policy action. The Acheson report can be judged in this context and has provided both a consensus and a policy framework. Back to: Essay Examples Conclusion: The research studies and analysis of the Acheson report suggests that the 1998 Acheson report has been extremely influential in shaping Health care policies in the UK and reducing inequalities in health. Bibliography Primary health care in Londonchanges since the Acheson report. BMJ. 1992 Nov 7;305(6862):1130-3. Tarlov AR. Public policy frameworks for improving population health. Ann N Y Acad Sci. 1999;896:281-93. Blane D. Health inequality and public policy: one year on from the Acheson report. J Epidemiol Community Health. 1999 Dec;53(12):748. Williams A. Commentary on the Acheson report. Health Econ. 1999 Jun;8(4):297-9. Barnes R, Scott-Samuel A. The Acheson report: beyond parenthood and apple pie? J Epidemiol Community Health. 1999 Jun;53(6):322-3. Spencer NJ. The Acheson report: challenges for the College. Arch Dis Child. 1999 Jun;80(6):576-8. Better benefits for health: plan to implement the central recommendation of the Acheson report. BMJ. 1999 Mar 13;318(7185):724-7. Acheson D. Inequalities in health. Report on inequalities in health did give priority for steps to be tackled. BMJ. 1998 Dec 12;317(7173):1659. Oliver A, Nutbeam D. Addressing health inequalities in the United Kingdom: a case study. J Public Health Med. 2003 Dec;25(4):281-7. Kisely S, Jones J. Acheson revisited: public health medicine ten years after the Acheson Report. Public Health. 1997 Nov;111(6):361-4. Choosing Health White Paper, DH, 2004 NHS Plan, DH publication 2004 Acheson Report, DH publication, 1998 Inequalities in health, DH publication 1998 NHS Improvement Plan, 2004

The Partner by John Grisham Essay -- The Partner by John Grisham

The Partner by John Grisham The Partner is one of John Grisham's best books by far! There was a little more description in The Partner, then in The Firm, but this one had a very slow intro. The book opened with an anonymous man living in Brazil under an unknown name. Patrick Lanigan, now known as Danilo Silva, was living a normal life, not making a big deal about the ninety million dollars he had stolen from his ex-law firm two years ago. Danilo is wanted by his ex-law firm buddies, his client from whom he stole the money, and from the FBI. The people that want him the most were the men hired by the client that lost the ninety million, and they were the ones he was afraid of. He knew if the FBI found him he’d be busted, but also safe, if the other thugs found him, he was dead, all they cared about was the money. One day while he was jogging Danilo is kidnapped and taken to a place where he is tortured with electricity and other devious objects. The FBI received a tip that Patrick Lanigan had been captured, and when the FBI found this team of hitmen, and took Patrick, he had already received burns on his skin and charred his flesh. When Danilo returns to his home town, he once again is Patrick Lanigan, and is forced to face up to all the things he has done in his past. The first thing he does is he gets himself a good lawyer, one he knew from his first life, an old buddy from college. A judge friend, the one who spoke at his funeral, also came to visit Patrick in the ho...

Position Paper: Iraq War and Just War Theory Essay

Thesis: The war effort in Iraq that is currently being led by the United States fails to meet many of the qualifications of a just war as laid out in the Just War Theory, so one can take a position that the effort is unjust. I will argue that the United States not only disregarded some of the conditions of the theory, but that we actually broke most of the conditions which would be required in order for a war effort to be deemed â€Å"just†.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   When the United States chose to go to war in Iraq, the international fallout following the decision was both dramatic and decisive. There was outcry from other countries who described the United States’ war effort as being â€Å"unjust†. Though there are many ambiguous ways to look at the justness of the war, the position that the war is unjust can be supported by the findings in the Just War Theory. The war effort in Iraq that is currently being led by the United States fails to meet many of the qualifications of a just war as laid out in the Just War Theory, so one can take a position that the effort is unjust. I will argue that the United States not only disregarded some of the conditions of the theory, but that we actually broke most of the conditions which would be required in order for a war effort to be deemed â€Å"just†.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The Just War Theory itself is not a document that leaves anything to chance. In fact, it is not ambiguous at all in the way that it defines a just war effort. Those who formulated the philosophy left no stone unturned. Instead, they were sure to include a detailed basis for understanding that was broken into two broad sections, with further explanation given in each section. The first condition for a just war that must be met is known as Jus ad bellum, which is the first set of criteria documented to determine if a war is just or not. According to the actual literature of the Just War Theory, this section â€Å"†¦Assesses the reasons for war and establishes the set of criteria we use for determining whether or not a particular war is legitimate† (Just War Theory). Included in this part of the Just War Theory are six sub-headings, including â€Å"just cause†, â€Å"just intentions†, â€Å"legitimate authority†, â€Å"publicly declared†, â€Å"last resort†, and â€Å"reasonable costs†. Together, these things help create a clearer picture of whether or not a war cause can be justified by those who wage war.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The United States’ war in Iraq can be justified under the â€Å"just cause† part of Jus ad bellum, but in order for a war to be just, it must be able to pass all of the segments of this theory. Whether the war in Iraq fails first is in its intentions. According to this portion of the Just War Theory, â€Å"Just intentions demand that war should always aim for peace and that any war must be limited to its stated aim† (Just War Theory). In the case of the United States, this has not been the case. The cause at hand was just because it sought to liberate the Iraqi people from the tyranny of Hussein. Once that dictator was ejected, the war effort did not stop, though. Instead, it has turned into an occupation that has turned the United States into a conquering imperialistic nation. The real intentions of the war are hidden and are much more complicated that what meets the eye. The desire for control of oil and the political posturing in the Middle East are among those reasons. According to Stephen Jendraszak of the Ball State Daily News, â€Å"Our true motivation is oil, just as it has been in the past. After Sept. 11, the administration was stunned by the amount of Saudi involvement in the terrorist attacks† (Jendraszak).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The third condition of this part of the Just War Theory was also violated. This deals with the authority to make war as an American nation. According to the Constitution of the United States, U.S. Congress has the power â€Å"To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water† (U.S. Constitution). Congress has yet to declare war in this situation, meaning that the U.S. led occupation is not just according to the theory. The Just War Theory also demands that the declaration of war be a public one. Since no declaration was made, there was obviously no public announcement of that decision.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   An interesting part of the Just War Theory is section e of the first part, where it discusses the idea of a â€Å"last resort†. In this case, the United States tried some diplomacy, but they did not exhaust all of their options. In fact, the U.S. government did much to get in the way of good diplomacy in this case. Instead of allowing United Nations’ led inspectors to look over the Iraqi grounds, the U.S. put undue pressure on the Iraqi government. In fact, the United Nations went so far as to pass U.N. Resolution 1441, which states that the U.N. is †Determined to ensure full and immediate compliance by Iraq without conditions or restrictions with its obligations under resolution 687 (1991) and other relevant resolutions and recalling that the resolutions of the Council constitute the governing standard of Iraqi compliance† (U.N Resolution 1441). It was the United States’ lack of patience in letting this resolution play out that is a primary reason why the war should be deemed, â€Å"unjust†.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In addition to those things, I take the position that the U.S. had no justification for going to war based upon article â€Å"f† of the Just War Theory. This is the part of the theory that weighs the costs of going to war against the cost of allowing the current situation to persist. Though the grievances in Iraq were many, they are far outweighed by both the human and financial cost that has resulted from the war. The United States has spent billions of dollars fighting the war in Iraq and the military has lost thousands of soldiers. On top of that, the civilian casualties in Iraq have been many. Because of this, I stand by the position that the war in Iraq is not a just one.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The second broad section of the Just War Theory is known as Just in bello. This is the part of the theory that deals with the actual undertaking of the war itself. Who can be attacked and how is a country allowed to make that attack? This section deals with two sub-points, identified as proportionality and discrimination. In regards to proportionality, the Just War Theory states, â€Å"The quantity of force must be in proportion to the aim of the immediate action, e.g. it would be disproportionate to employ a nuclear weapon against a sniper firing from a populated village† (Just War Theory). Given the fact that the Iraqi government and military led no attack against American forces in our country or abroad, it is easy to make an argument that the response was neither measured nor proportional. The United States started its effort in Iraq with a period of bombings that were known as â€Å"shock and awe†. This is itself is an indictment against the justness of the war, seeing as the name implies that the attack was meant to be proportionally great one in comparison to what would follow in the war. The attack, which consisted of United States’ bombers dropping large bombs on major places in Iraq, took out not only the Iraqi military locations, but also caused many civilian casualties. Given the fact that the original intention of the war was to go and liberate the Iraqi people from the tyranny of Hussein, this response lacks the proportionality that is required in order for a war to be called just. With that knowledge, one can easily take the position that the United States’ war effort in Iraq once again broke an article of the Just War Theory and could thus be called an unjust effort.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The second portion deals with discrimination, which is defined in much more detail in the document. This is something that the United States government has learned to do moderately well, but the many mistakes that have occurred thus far are enough to deem this war as an unjust one. In the literature of the Just War Theory, it states that discrimination happens when, â€Å"Combatants must discriminate between legitimate and illegitimate weapons and between legitimate and illegitimate targets† (Just War Theory). This implies that a measure of judgment is required by the leaders and those carrying out the war in order to understand what an appropriate weapon to use is and what an appropriate place to target is. As indicated earlier in the discussion over the â€Å"shock and awe† tactics employed in the early part of this war effort, one can easily see that the United States government did not do a great job of identifying targets and further, they used force that was far too strong given the circumstances. The nature of the war in Iraq has demanded that the United States military do a lot of fighting in close quarters and in civilian laden areas. The fact of that matter is that the U.S. has not correctly identified their targets and when they have, the weapons have been so strong that lots of collateral damage has occurred.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The war in Iraq can be described in a number of different ways and with a number of different words depending upon who is doing the describing. Many times, the political biases get in the way of actual discussion over whether or not the war was a just one. The Just War Theory, however, does not accommodate for any of that political posturing. It is a clear theory and given the facts that are laid out within it, one can easily take the position that the war in Iraq was an unjust one. Not only did the United States break a few of the conditions for the Just War Theory, they practically smashed the majority of them. By looking at the Just War Theory and applying it to the situation in Iraq, I come away with the feeling that the United States may have had a just cause, but they did not come anywhere near meeting any of the other conditions that are required in order for a war to be just. Works Cited United Nations Security Council. Resolution 1441. Retrieved from http://www.edenbridgetown.com/ethics/reference/war/un_res_1441.shtml United States Constitution. Article One, Section Eight. Retrieved from http://www.law.cornell.edu/constitution/constitution.articlei.html#section8 Jendraszak, Stephen. Jack Of All Trades: War in Iraq unjust, short-sighted. Ball State Daily News Online. 7 January 2003. Retrieved from http://media.www.bsudailynews.com/media/storage/paper849/news/2003/01/07/Opinion/Jack-Of.All.Trades.War.In.Iraq.Unjust.ShortSighted-1300588.shtml

Law of associations partnerships Essay

Canny Gabriel Castle Advertising Pty Ltd & Anor v Volume Sales (Finance) Pty Ltd (1974) => this case suggests that the emphasis which is to be placed on the continuity of â€Å"business† is not heavy to a point of absolute decision. Our conclusion that the joint venture was a partnership, from which the parties anticipated profits and provided that the advance by Volume Sales to the ‘joint venture’ should be a first charge upon profits and that upon the repayment of such sum the profits should be divided equally, rests upon the following considerations: 1. the parties became joint venturers in a commercial enterprise with a view to profit; 2. profits were to be shared (see Partnership Act 1892 as amended (NSW) s 2(3)); 3. the policy of the joint venture was a matter for joint agreement and it was provided that differences relating to the affairs of the joint venture should be settled by arbitration (see cll 7 and 9); 4. an assignment of a half interest in the contracts for the appearances of Cilla Black and Elton John was attempted, although, we would have thought, unsuccessfully; 5. the parties were concerned with the financial stability of one another in a way which is common with partners †¦ carrying on†- what does that mean? Smith v Anderson (1880) ? tells us it involves the repetition of an act. => An ordinary partnership is a partnership composed of definite individuals bound together by contract between themselves to continue combined for some joint object, either during pleasure or during a limited time, and is essentially composed of the persons originally entering into the contract with one another. What if we do NOT have repetition? Is there carrying on of a business? No. for fairness reasons the Re Griffin Ex parte Board of Trade (1890) 1 undertaking can actually lead to a partnership? United Dominions Corporation Ltd v Brian Pty Ltd and Others (1985)? evolution In Common It is not necessary, in order for a business to be carried on in common, that all of the alleged partners actively participate in the day to day management of the firm’s business. All that is necessary, in the above context, is for the firm’s business to be carried on either by or on behalf of all of the persons who are alleged to be partners. An important consideration in this respect is whether there are mutual rights and obligations between those on whose behalf the business is being conducted. Legislation – Section 1 of the Partnership Act 1892 (NSW) provides that : (1) Partnership is the relation which exists between persons carrying on a business in common with a view of profit and includes an incorporated limited partnership. If the definition in s 1 of the Partnership Act 1892 (NSW) is satisfied then the law of partnership may apply. If a partnership is not proved it may be possible to apply other principles of trust or equity to the fact scenario. Cases Smith v Anderson 1880 => Investment case $100 for 90$ and the share holders do not know of the other people purchasing. Hence no partnership. Lack of common interest. Lang v James Morrison & Co Ltd (1911) => The High Court upheld the appeal, finding that there was no partnership. Chief Justice Griffith observed that:[T]he real substance of the transaction was that the plaintiffs and Thomas McFarland agreed to enter into a joint venture. They were not partners as against third parties, but each party had certain rights against each other. Separate bank accounts where kept Must have an element of principle and agent right- did not exist. Fiduciary duty is important View of Profit This element requires that the association must have as its object the acquisition of financial or pecuniary gains for its members. By way of contrast, in Wise v Perpetual Trustee Co Ltd (1903) AC 139, Lord Lindley noted that, in unincorporated voluntary associations, the intended gain is not for the individual members. Legislation – Section 1 of the Partnership Act 1892 (NSW) provides that : (1) Partnership is the relation which exists between persons carrying on a business in common with a view of profit and includes an incorporated limited partnership. If the definition in s 1 of the Partnership Act 1892 (NSW) is satisfied then the law of partnership may apply. If a partnership is not proved it may be possible to apply other principles of trust or equity to the fact scenario. Cases Bova v Avati (2009) – Truth And substance of the arrangement – Wilkshire, ex parte Delihasse. The law from this is? The court decided they where of partner even though †¦.? ARE THE FACTS COMPLETE? Are they in a partnership? Presumably yes. â€Å" DELIHASSE† quick finance has a lot of control despite the fact they do not share losses – the rules from S 2 SS3 are rebuttable due to delhasse. STATUTORY RULES Rule 1: co-ownership S 2(1) The holding of property jointly as co-owners will not of itself create a partnership as demonstrated in Keith Spicer Ltd v Mansell [1970]. Facts: two individuals purchased a premises upon which they hoped to establish a restaurant. They intended to form a company for this purpose. -Prior to this formation, furniture was purchased by X for from a third party and was not paid for, so the third party then wanted to sue Y on the basis that it was in a partnership with X. – The court said there was no partnership as X and Y were not carrying on business in common but were preparing to do so as a company. – Acts carried out in contemplation of a business being undertaken in the future did not point to a partnership. Further, the holding of property jointly did not change things. Rule 2: Sharing of gross returns S 2 (2) the sharing of gross profit will not be enough to create a partnership. This is demonstrated in Cribb v Korn (1911): Facts: Korn was employed as a rural worker by a landowner. The landowner entered into an agreement with Cribb under which the landowner had the exclusive use and occupation of a certain area of Cribb’s land. – As part of the agreement, Cribb would provide machinery and stock and the landowner would pay Cribb half the proceeds of sale of the produce of the land and stock, whenever this occurred. – Korn was injured while working and claimed worker’s compensation from Cribb on the basis that Cribb and the landowner were partners. – HELD: HC said there was no partnership, it was a mere tenancy. As the landowner had exclusive rights to occupy the land and Cribb had no right to direct or control the landowner’s working of the land, there could be no partnership but merely a tenancy. Further, the sharing of gross returns was not enough to establish a partnership, but merely constituted a rent. Rule 3: Profit and loss sharing S 2 (3) The difficulty in the interpretation of this subsection lies in its use of the expression ‘prima face’ to qualify evidence. It would seem that the fact of a profit-sharing scheme is admissible in evidence as to the existence of a partnership, but that fact by itself is not enough to draw the inference that there was a partnership: Television Broadcasters Ltd v Ashtons Nominees Pty Ltd (1979). In Cox v Hickman (1880), Cox and Wheatcroft were getting a share of the profit as creditors but were not found to be partners. According to Wightman J at 443: â€Å"it is said that a person who shares in net profits is a partner; that may be so in some cases, but not in all; and it may be material to consider in what sense the words ‘sharing in the profit’ are used. In the present case, I greatly doubt whether the creditor, who merely obtains payment of a debt, and no more, out of the profits of the business, can be said to share the profits. † The general rule is: Section 2(3)(a) of the PA provides 5 cases where the presumption that it is a partnership does not arise: 5 exceptions S. 4 –Firm definition – partnerships that has not been incorporated S. 5 (1) – Every partner within a partnership (excluding limited partnerships) has the right to represent the other partners for the purpose of the business as an agent UNLESS, they have no authority, or the person being dealt with believes they are not a partner. 5 (2) – General partner has the same power over general partners in a limited partnership unless (a) they have no actual authority to act; (b) If the person dealing with the GP knows that he has no authority, or does not believe them. S. 6 (1) S. 7 – Is for the case where if there is a use of credit for private reasons (1) if a partner does so it does not bind the firm unless he has special authorisation; (2) This same principle applies to General Managers. s. 8 – If there is a contract between partners set up saying that there is a limited authorisation or restriction and it is breached then it is not binding. (1) partner (2) incorporated limited partnership S. 9 – Liability of a partner. Every partner in firm is jointly liable with the other partners for all debts and obligations incurred while the partner is a partner. (2) general partner; (3) despite (2) a general partner wont be liabe because of (a) & (b). S. 10 – (1)