Wednesday, April 22, 2009

Planning

Heyo,

Haha, what a quaint title! The short message and the general rule is DO NOT PLAN, it NEVER WORKS! Now like law, there are always exceptions to this 'general rule' but let's not look at them for now=P And I know one person in particular will oppose this entire argument!

Now I will illustrate these in various examples. All right, we all know about 'Procrastination', it's when you sit down and go 'I will do this' and you find a million other things to do and you do not do what you were meant to do!


So you plan to do something and you don't do it! Thanks procrastination. Much like now, I am meant to be doing an essay on the stability of the Cold War but 'meh'! I've had enough of nuclear weapons for a while....I will get back to it 'spontaneously sometime'=P Well, it is due on Thursday so I will have to do it.

Ok, illustration 2. You plan a thing, or someone else does, and bang something unexpected happens (not at the fault of anyone) and it gets cancelled. So all that planning to do something that you wanted=dead!

Ok, illustration 3. You plan something and some people decide to go 'oh i can't be bothered replying' and don't bother! Which is extremely annoying sometimes, however, I'm not without fault, I do that with 1 person...=P 'meh' I have my reasons....

Now, I'm not going to the exceptions but anyways LONG LIVE SPONTANEITY because it is the only thing that seems to work in all our busy lifestyles. Because 'Oh, it's the end of the lecture, let's go do something' or 'Hey, we're all here, let's all go to Southland now' works better than 'oh, let's keep this night free so we can do something.' I'm busy yayayaya and it goes on and on and on and the endless cycle continues! On another issue, I thought third time was lucky, guess I was wrong=P

Wow, that was a long rant! Why have I written it, because at the end of the week, I had to change three things that were going to happen that did not! Therefore, planning failed but spontaneity seemed to work. Anyways I'm not blaming lack of planning, I'm just saying it doesn't work for everyone. And, I know, you love your friends (platonically) and want to see them hence you persist!

Oh and on another note, if you want to really annoy me then tell me you'll do something and don't do it! This has to be one of the most annoying things in the world..'Hi, Tuesday sounds good, I'll organise the deets later...' *pft* yeah right!

In other news

What's everyone up to? Just estopping myself from doing estoppel atm=P I am finding law enduring yet so interesting! All these tiny little facts that you pick up!

The Boring Law Bit=P

Anyways, thought I would get away for a while since we're going through an area called 'Estoppel' and NO ONE agrees on anything (silly High Court judges) Can you not come up with one solution? Is it really that hard to agree on something and only publish that in the law reports?

It's virtually, yes, we'll combine common law and equitable estoppel and unify the concept. No we won't, it would be stupid. Yes, this is what you get if you claim for common law estoppel and this is what you get if you claim for equitable. No, we're not going to enforce your promise because it wasn't detrimental enough for you and it wasn't unconscionable etc.

A particularly interesting case in this area is W v G (If you're in a lesbian relationship and you have a kid with the help of your partner and she ditches you, is she entitled to pay for the child's welfare?)

See all these interesting questions that law brings up=P

Family law act doesn't apply because it's a lesbian relationship. Next question, ESTOPPEL! But is the child a detriment to the person? Is the act of having a child a detriment and can everyone cliam against it? I particularly liked Davison when he was talking about this. 'Hi [to the child], you're worth negative $150 000, how do you feel being a detriment?'=P

I also find it extremely interesting how judges avoid the DIFFICULT QUESTIONS!

Anyways, it all worked out fine, she got her equitable estoppel claim as she was induced into having kids through artificial insemination by the other chick. Although, she only got $150 000 to raise both her kids for the rest of thier lives.

Is that fair? I wonder how she's going to go about explaining this to her kids when they grow up!

What else have I learnt? I've learnt how to bypass (so has our whole ILR class) the Surveillance Devices Act which essentially stops people from 'stalking you' and installing cameras in your house and doing what not=P I don't know how useful that's going to be haha=P I'm sure the Parliament has been smart enough to legislate around these things now and if you did stalk someone you'd probably get done for some Tort.

I've learnt how to talk myself out of a fine if I drive off from a red traffic light, and get caught by the police, if it is 'malfunctioning' and it is stuck on red. Unfortunately, there are like 3 traffic lights at certain sections so if one dies the others still function.

I've learnt that one time prostitutes can get away from a penalty and conviction by arguing that they were not an 'occupier' of the place according to the Vagrancy Act. Although, this has probably changed now as it is a pretty old case.

Back to the normal blog
And for future reference (I'm looking at 2 people), if I don't 'talk much' I obviously have something on my mind....

Anyways, I really like the song "Solutions" by The Sundance Kids.
"We're coming around, we're working it out, somehow"
"You and I, we've found the solution"

Why do I like this song? It explains some things but doesn't explain others=P and that makes no sense!

Anyhoo, better leave and do other things! Catchya all later!
Nick

P.S: I can't tell if this one person is being sincere or not....doesn't start with L or S by the way=P How can you tell? You know you just get the feeling that something is not right! Anyways, 'Go with the flow'...we'll see what happens. I am sure that it will play itself outself through actions or what not....

Oh, and is anyone else getting into Master Chef=P Kinda sad, but it's good haha!

And you have just got EVERYTHING on my mind at this current moment haha! Time to go se detendre un peu!=)

Saturday, April 18, 2009

The Answer

Hello!

So a couple of weeks back I believe that I had this question I had to answer of 'fun' or 'nice'=P And I think I found the answer last night=P Am I going to share? No=P

Anyhoo, I just finished my court report so I am happy happy happy=D It's not very good but 'meh'! Apparently I am the QUOTE 'King of understatements' UNQUOTE and 'Evil', especially when I threaten to a)push you into the Yarra b)push you off a ferris wheel c)push you off a train or d)king hit you and kill you=P
If you have no idea what that means, I wouldn't expect you to=P

So what have I been doing over the Easter Break? Nothing too interesting to report but things go well. Back to uni on Monday and back to routine. I had this goal, I think most people did, that I would catch up on the last 6 weeks...Never happened! Did someone say procrastination?

Adam Hills was great the other night. That man tells a good joke! Oh, and I went to China town yesterday night...any guesses why? haha

Until next time..."you've been lawyer'd"=P

Nick

P.S: You have probably noticed that this blog is incoherant and is all over the shop. See what the court report has done to me....

Tuesday, April 7, 2009

Reality Check

Heyo everyone! It's Week 6 now..wow!

So I had a reality check today...I thought things were going alright at uni and then today hit me and 'Bleugh...', that is all I have to say! Not that I am just judging it from everything I write here...guess it is just building up...

So, it all started at 10am today! First contracts tute ever...I was excited, well, not really! Saw ajit driving into uni, on a random note!

Anyways, you would think that you walk into a tutorial and have this 'friendship/meeting new people' type atmosphere going on (well that is what happens in Arts tutes and it is fantastic that way). Usually, there is an icebreaker where you introduce the person next to you or tell the rest of the tute who are you are etc.

NONE OF THAT...in the Contracts Tute! Yes, we have 'too much' to cover but still...!

When you walk into a law tute, it's more like 'I am really not your friend, even though I am going to pretend to be your friend, I just want those tutorial participation marks and I'm going to get them over you..because I am going to speak more than you...!'

Seriously, the atmosphere in one of those tutes is like an exam room. Everyone is being evaluated and everyone, even if it is deep down, is going 'I am better than you'. And if you actually don't do the tute work for law...you're stuffed!

Well I have had my rant about law tutes. Guess I have to get used to it considering I have 5 years (including this year) ahead of me! Oh well, I still have Arts to keep me sane=)

And I am not the only person who thinks these are the way these tutes operate. Seriously, you can apply the Objective Person test for all I care and the random person sitting in on the tute would think the same!

Had my ILR (Intro to Legal Reasoning) test today, it was 'meh' but I am glad to get it over and done with! Now to focus on the Court report and actually get going on it.

In conclusion, I need to get organised, time to organised..let's go!

Nick

P.S: You know when someone tells you a bad habit that someone has that you never noticed before until then. Something just goes 'click'/'glass shattering' moment, in your mind and you cannot stop noticing it! It's actually true.....HIMYM=P haha