Perspective on the significance of the marea court case in Research Paper

Perspective on the significance of the marea court case in understanding some aspect of the larger world of 17th century Massac - Research Paper Example Regardless of this fact, it is the responsibility of the historian/researcher to accurately depict the situation and not give way to the temptation to only relate the most interesting/salacious aspects of the story due to the fact that these do not help to give the full story and only emphasize the beliefs and actions of those with the most divergent views among the culture/group in question. Although the trials have been mythified and turned into a cultural phenomenon, the fact remains that even though the number of executions were low and the incident was isolated, the prevailing beliefs of that time with relation to how the settlers/Puritan viewed the world in which they lived worked to have a profound effect on how justice was carried out with relation to those supposedly involved in some form or other of conjuring or witchcraft. From the court data as well as the other primary and secondary data that can be analyzed, it is clear that many factors greatly impeded the case against Marea as it relates to her trial for murder of her own newborn infant. As such, the purpose of this analysis is not to provide a firm case for or against her guilt in the situation; that much should be obvious. Instead, the purpose is to carefully review some of the statements made by the deponents with relation to those testified to Marea’s innocence/guilt. ... the ways in which these deponents related the information they had come across, the level to which these influences are exhibited in the testimony provides ample evidence of how information was interpreted, accepted by the court, and acted upon based upon the biases of the individuals responsible for providing such testimony and the jurors beliefs as they related to the understanding and application of this knowledge. As such, the individual depositions contained strong references the beliefs in here say as tantamount to proof. This was so prevalent throughout many of the testimonies that if it were extent in a courtroom of our time it would clearly be disregarding as a clear abrogation of justice. However, to the individuals involved in the case during the sixteenth century such cultural, social, and religious norms were perfectly accepted both in society and within the court as a defining merit of their unique and peculiar society. Such inclusion of here say as a type of circumstan tial evidence is noted in many court cases of the same period.2 The first of these testimonies is that of Thomas Drake. Of all the testimonies, Thomas Drakes is interesting in that it does not make any of the broad sweeping stereotypical judgments that the other deponents make in their testimony. Thomas Drakes testimony can be seen as rambling and inclusive of a lot of unnecessary facts; however, the fact remains that he appears to present the most impartial and non-aligned view of those that were sampled in the testimony that is available to draw inference upon. Although it cannot be asserted definitively, it is interesting to question whether Thomas Drake was originally born in the colonies or was one of the first settlers due to the fact that his age at the time of the testimony puts

Narni Pty Ltd v National Australia Bank Limited [1998] VSC 146 Essay

Narni Pty Ltd v National Australia Bank Limited [1998] VSC 146 - Essay Example The conduct of National Australia Bank Limited clearly shown there was an agreement to exceed the overdraft Limit hence creating an implied term in the contract which barred the bank from terminating the extended overdraft limit without a notice. Narni suffered losses from the dishonor of the cheques hence had to sue the bank for damages. Implied term of arrangement and why significant for Narni and banker- customer relationships According to the agreement made between the bank and Narni, overdraft limit was $ 65,000 hence honoring $ 40,000 would exceed the approved limit. However, their October 1988 agreement provided for provision of finance for the renovations which were being carried out by Carrum Nursing Home and at the same time the bank would continue honouring the cheques notwithstanding the approved limit of $ 65,000. By the implied conduct of the two parties, the approved limit was varied to $ 100,000 hence creating an â€Å"overdraft extension†. At the end of 1988, all assets of Narni had been financed by loans to the total of $ 896,165 hence Narni was responsible for making $ 66, 718 per annum installments as payments for the loan. Majority of the income also came from Federal Department of Health and Community services (DCS) as advance payments at the beginning of each month. The total income of 1988 stood at $ 225 M where patient contributions were below $ 400, 000 with majority of the income being advance payments by DCS at the rate of $ 150,000 per month. From the account transactions history, the account always had a credit balance at the beginning of each month and a debit balance at the end of the month. DCS would pay between $ 90,000 to $ 124,000 as initial payment to the account and another final payment after two weeks which made that the balance would be above the extended overdraft limit of $ 100,000. However, withdrawals would occur evenly throughout the month with majority being wage payments which accounted for 62%of expenses w hich translates to $ 1.4 M which was paid after every two weeks. In some months, wages would amount to $ 120,000. The Branch manager would approve overdraft facilities depending on the account balances of the account. Below is a summary of the account balance for the six months from January to June 1988. Month Start Balance Zero Balance Date End Balance January 1988 $99,716.09 CR (5/1) 20 $24,669.34 DR (1/2) February 1988 $66,069.68 CR (2/2) 19 $47,512.02 DR (1/3) March 1988 $59,282.35 CR (2/3) 17 $69,168.08 DR (6/4) April 1988 $26,683.13 CR (7/4) 14 $94,162.28 DR (3/5) May 1988 $1,533.12 DR (4/5) 2 $87,897.80 DR (1/6) June 1988 $7,016.25 CR (2/6) 10 $71,675.53 DR (1/7) From the account balance figures, extended credit facility was provided in every month while payments in to the account from DCS delayed were delayed in some months meaning the account would still have a debit balance at the beginning of the month and an overdraft would still be approved. In July 1988, the same trend continued with automatic payments from DCS of $ 109, 608 leading to account credit balance of $ 29, 582. From the transactions of July 1988, the end of the month account balance was overdrawn. The account reflected a debit balance at the start of August 1988 but it was reduced by a deposit of $ 85, 671 to settle to a debit of only $ 1,375. In September, the account was overdrawn to a