Err Task B Your Work Role Essay

Task B- Your work role Describe the information which needs to be shown on your pay slips/statement. Personal information eg. Name and date of birth Total pay – your full pay before any tax or National Insurance has been taken off Any deductions which change from payday to payday eg. tax and National Insurance, and what the deductions are for. The total amount of pay that you will come out with after deductions National Insurance number Tax code The tax period Pay rate A breakdown of additional payments like overtime, tips or bonuses Identify two changes to personal information which must be reported to your employer Change of address Change of bank details Describe the procedure to follow if you want to raise a grievance at work You should first discuss the grievance with your person in charge or manager. This should be done in confidence with all of the details being discussed so that action can be taken if they feel this is necessary. If your superior is not able to resolve the grievance, then it will be referred either verbally or in writing to the home owner. If you feel uncomfortable going through any of the stages alone you have the right to have another person with you at any stage of the procedure. Explain the agreed ways of working with your employer in relation to the following areas. Data protection – No data or personal information is to be passed on or given out to anyone without the client or the clients next of kin consent. No Data should leave the building unless consent is given by the manager Grievance- If anybody has a grievance they must first discuss this with the home manager so that it can be dealt with. C onflict management- If you feel there is unnecessary conflict between employees you should go to your manager to discuss this. You should find the reasons for the conflict and if it is possible to eliminate the conflict Anti- discriminatory practice – You can work with your employer regarding anti discrimination practice by going to them if you feel you are being discriminated against by other colleagues. You should be able to talk to your manger about this so that she can investigate further and try to resolve the problem. Health and safety – Employees work with their manager regarding health and safety by completing health and safety training put forward by the manger. Confidentiality – It is important that all of the residents personal information is kept confidential and not passed on to anybody. This is unless prior consent has been given by the manager if the resident health or safety is in danger if information is kept confidential. Whistleblowing – You work with your employer in regard to whistleblowing by informing your manager of any wrongdoing that you feel is going on in the home. The manager can then investigate the case further to decide if and what action needs to be taken. Explain how your role contributes to the overall delivery of the service provided. As a care assistant I feel that my role in the service provided is very important to keep the residents happy and healthy. On e way in which this is done is through personal hygiene. By assisting resident to get washed and to say clean this is helping to prevent them from getting sores and infections. Another way I contribute to the overall delivery is by making sure the residents nutritional needs are being met. This is done through assisting people to eat and drink who cannot do this for themselves. Explain how you could influence the quality of the service provided by: Following the best practice within your role- Following the best practices means that everything will be done safely and so the residents will not be put in any danger. Following the best pracises will mean that everything will be done efficiently and so this will make the residents happier and this will make the quality of the service better for them. Not carrying out the requirements of your role – Not carrying out the requirements of your role can put the residents health and safety at risk. If the residents are at risk his will be lowering the quality of the service that is provided. Describe how your own work must be influenced by national factors such as codes of practice, national occupational standards, legislation and government initiatives Your own work must be influenced by these national factors because they give you guidance on the correct ways of doing things. They also set standards so you can stick to the standards or try to better the standards. Your work must also be influenced by them because they give you rules to follow and so you must stick to these rules within your work. Identify two different representative bodies which influence your area of work Care quality commission Describe the role of the two representative bodies you have identified CQC is the Government’s independent regulator of health and adult social care services. They monitor services to ensure that they are meeting the essential standards. If necessary they take action when standards are not being met.

Globalisation and environmental sustainability Essay

A global society is marked by new technologically integrated local and international relations which encourage the study of the effects of globalisation and as well as internationalisation of various disciplines in a society which are involved in social interactions. This interactions may be locally based or may involve international relations some of which have a close relationship to political philosophy, international economies, conflict analysis, international laws and policies as well as sociology. Globalisation makes the world more productive and stable. In the past few decades, the global economy has become increasingly interconnected and integrated. This integration is quite evident in the international markets and it has been on a steady increase since the seventeenth century although in the last few years, globalisation has undergone revolution which has given rise to many controversial issues regarding its effects and impacts on the larger global society (Lindert, Williamson 2001). Some researches have indicated that in the last two decades or so, the increased integration in the global markets has resulted in greater inequality in the way income is distributed among nations around the world. In connection to this, Bourguignon and Morrisson (2000) have also observed that combining inequality within and across countries has brought a significant rise in the global inequality since 1960 thus making the already poor countries poorer while the rich countries get richer through globalisation. Globalisation refers to the way in which nations increasingly become interconnected with one another in terms of economic, political, technological, social and cultural aspects. More often than not, the word globalisation is used to refer to the economic aspect of a nation. Economic globalisation describes the integration of national economies into the international economies via trade, migrations, international market capital flows, foreign investments and increased use of technology. The increasing rate of globalisation as has been experienced in the past two decades or so has led to rapid growth of global trade, financial capital flows, direct foreign investments and cross border trade transactions (Johnston, Taylor, Watts 2002). The major facilitators of this growth include improved transport and communication infrastructure, improved technological know-how, quicker methods of telecommunication and internet services. In addition to this, globalisation has been favoured by removal of trade barriers and policies across nations which previously inhibited international trade among nations. This has now liberalised trade and encouraged more export and import transactions which promote globalisation. The establishment of international trade organisations such as world bank, IMF and WTO have also played a significant role in facilitating globalisation as they are devoted to promoting trade and investment across nations worldwide. The result of this kind of globalised trade is presence of multinational companies (MNCs) whose budgets exceed those of the economies of many nations in which they are situated (Atkison 1999). Globalisation and sustainability. In the recent years, many controversies have emanated from the issue of globalisation. It is now seen an unnecessary evil which is threatening the social and environmental sustainability of the global societies. Globalisation is viewed by some people as an opportunity for national and international economic growth while others feel that it is a threat to economic prosperity, political sovereignty and cultural integrity (Jussilla, Cullen 2002). People in developed countries are particularly concerned with the fact that globalisation poses a threat to unskilled workers who are bound to be left jobless with the increased technological methods of production in the contracting industries. On the other hand, the developing nations are mostly concerned about the loss of political powers and sovereignty as well as loss of economic prosperity which is bound to be brought about by globalisation. According to Bhalla (2002) the whole concept of globalisation is surrounded by ideological issues both positive and negative which in the long run affect the people or societies in the globalised world. , the controversial aspect of globalisation can not be easily resolved. Globalisation and environmental sustainability. Environmental sustainability refers to the aspect of addressing the needs of the current global societies fully while being cautious not to compromise the needs of the societies which are to come,that is, future generations. According Heinberg (2005), globalisation has directly or indirectly led to several environmental issues such as global warming, increased deforestation, depletion of the ozone layer, destruction of water catchment areas, biodiversity, most natural resources have reached or are nearing depletion levels, pollution of water, air and the entire environment among others. For instance, globalisation has enabled MNCs to invest in countries which have few or no environmental conservation by-laws and this results in high environmental degradation as well as depletion of natural resources. However, the WTO in response to this effect has argued that the large amounts of income or capital flows earned from globalisation are capable of catering for the environmental degradation and this is bound to improve the quality of the environment to even higher standards that it were in before. In addition, globalisation has led to increased industrialisation all over the globe and this has resulted in the much dreaded effects of depletion of the ozone layer and global warming. Global warming comes as a result of release of industrial pollutants from the manufacturing industries into the environment. Such pollutants include carbon monoxide, carbon dioxide, oxides of sulphur and so forth. The effects of global warming are quite evident all over the globe as they have led to diverse changes in weather and climate resulting in drought and famines in some parts of the world among other effects. The depletion of the ozone layer occurs as a result of release of chemicals such as freons and fluorocarbons in to the air which react with ozone layer hence thinning it (Bellow 2001). However,there are several positive effects of globalisation in relation to environmental sustainability. Precisely, globalisation has led to improved methods of energy utilisation, substitution of resources especially those occurring naturally, innovation of metal recovery and material recycling methods, dematerialisation of resources among other positive practices (Eiezen, Maxine 2006). Globalisation has particularly been putting great emphases on dematerialisation and this has helped industries to improve their efficiency in production, minimise and manage their waste production and reduced the production costs through use of cheap systematic procedures. In addition, the use of improved technological methods has made companies to adopt newer and more efficient methods of energy utilisation and as a result, the energy requirements in industrialized countries have substantially reduced in the recent years. Moreover, many non-renewable energy resources have been substituted with renewable sources of energy and this has greatly reduced the risk of depletion of such resources in the near future. Although the improved technology has great positive effects on the environmental sustainability, globalisation is negatively associated with the exportation and use of technologies and activities that can have detrimental effects on the environment. All these environmental effects of globalisation have either a direct or an indirect impact on the global societies. Lack of clean water for instance is a negative effect which is likely to cause diseases and suffering to the larger population. On the other hand, improved energy efficiency, advanced technology and industrialisation translates a greater advantage to the people living in the globalised world in terms of better quality consumer products, free exchange of goods, capital and services between nations among others. Globalisation and social sustainability. On the aspect of social sustainability, globalisation plays a very important role in terms of improving or lowering the social status of the people living in globalised world. Experts have argued that globalisation tends to impose a greater disadvantage to the poor countries while at the same time it favours the already developed nations (Bellow 2001). They add that although globalisation is believed to favour free trade among nations, it lead to much inequality between the developed and the under developed countries since the developing countries are unable to compete favourably with the developed countries in the international markets (Agyeman, Bullar, Evans 2003). In addition, the increased use of technology is bound to render many people jobless especially the unskilled workers, since most of the work which was previously done manually by the people is now easily done by machines. This reflects negatively on the society especially in the poorer countries since when people do not get jobs to do, they are likely to suffer from starvation, poor health, illiteracy among other social problems (Walker 2005). On the positive side, globalisation allows free movement of people across nations as they trade and this has promoted cultural diversity, intermarriages, tourism and so forth. This has further promoted peace,understanding and unity between individuals as well as nations. It is thus clear that globalisation has some critical impacts on the social lives of individuals an groups living in the industrialised countries. Identities and powers based on globalisation and sustainability. The last one decade or so has presented a turbulent phase for the global societies marked by globalisation and resurgence in the identity politics or religion based politics. Globalisation being a process of ongoing capitalism-industrialisation has had some adverse effects on the poor strata of the society. According to Heiberg (2005), the nature of globalisation is contradictory in that it divides the world as much as it unites it. Movements fundamental to globalisation are based on empathy, ideology and identities. The lives of people living in global societies are largely shaped by conflicting trends of globalisation and identity and current events in the world indicate that community identities are threatened by the forces of globalisation. One effect of globalisation on the societal political structure is the emergence of socialist states which came into being in the mid-20th century ushering in the beginning of an industrial society. The intensified rate of globalisation has led to a rise of America as a lone super-power in the world, decline of the power and authority exercised by the United Nations, decline in the amount of Non-Aligned movement, a rise in Fascist-fundamentalist politics among countries and worsening of the problems experienced by the poor in the society. While globalisation is believed to result in a democratic world economy, the political democracy system in the world is stifled in form of emasculation of the potential world government. As the national economies become more and more globalised, the world political powers become more and more centralised into one or a few nations of the world. This power monopoly is a negative effect of globalisation as it leads to a decline in democratic norms and projection of identity politics. Identity politics involve competition over scarce resources which could in principle be taken to mean struggle for political power or economic wealth resources. This kind of competition seems to favour only the rich and mighty residing in the wealthy and powerful countries leading to a form of discrimination. As a result, globalisation makes the people in rich countries continue becoming richer as those in poor countries become more poor by the day. In this case it is clear that although globalisation is capable of empowering a nation both economically and politically, the power distribution is unequal and this puts some nations at a higher political power advantage than others. Conclusion. Beyond doubt, globalisation has led to significant increase in per capita income of different nations which have fully accepted this process and applied effectively the technological advancements which come with it. It can however be seen that, globalisation has pushed most developing or Third world countries along the path of diminishing sustainability and this has not in any way been improved by the recent regulations made in the globalisation processes. For instance, the deregulation of global trade in the recent past has led to a decrease in the environmental and social-cultural constraints associated with globalisation but this kind of deregulation has failed to address the issues of sustainability. In conclusion, it is clear that the current globalisation process is quite unsustainable but with a few policies to govern it properly, the process is capable of bringing much success in the long run to all nations world wide as well as to people as individuals in the globalised world. Reference. Atkinson, G., Dubourg, R. , Hamilton, K. , Munasinghe, M. , Pearce D. , 1999. Measuring sustainable development. UK: Edward Elgar Publishers. Agyeman, J. , Bullard, R. D. , Evans, B. , (eds. ). 2003. Sustainability: Development in an Unequal World, London: Earthscan. Bello, W. F. 2001. The Future in the Balance: Essays on Globalization and Resistance. Oakland, Calif: Food First Books. Bhalla, A. S. 2002. Globalisation and Sustainable Development: A Southern African Perspective†, International Journal of Technology Management & Sustainable Development, vol. 1, no. 1, pp. 40-57.

Apush DBQ Essay

From 1875 to 1900, there was a new kind of city in America, one that was based on industry, and industry needs workers. The factories needed hundreds of workers to run machinery and other processes in manufacturing, but these workers were not treated properly and they wanted to do something to improve the way that they were treated. The organized labor, although it showed some minor successes, was overall very unsuccessful in improving the position of workers from 1875-1900, because the actions of the unions were mostly unsuccessful, and the results of the strikes were very unsuccessful. The demographics of unions from 1875 to 1900 were mostly unsuccessful in improving the position of workers because they caused people to see them as a group of radicals, such as Anarchists or Socialists. One example of a group that was seen as Socialist were the Knights of Labor who worked to gain rights for the workers through legislation, and also believed in Arbitration. As seen in Document F, the Knights of Labor was one of the spoons that contributed to mixing the â€Å"Labor Interest Broth.† The Knights of Labor was considered one of the groups that led to the failure of unions because there were too many unions with too many different views and they were unable to get anything accomplished. Another group that was considered unsuccessful was the IWW. The IWW was a union chalked full of Wobblies, immigrants, blacks, and what people considered â€Å"radicals.† Document C shows that the public was accusing the unions of sucombing to communism saying that they barred a â€Å"red flag† against the United States. The IWW was full of workers who were chasing after the idea of communism, thinking that it would give them the rights that they wanted, but Document C shows that cutting open the duck to get the â€Å"golden eggs† wouldn’t show you any profit, it has to stay alive for it to lay more eggs, just like the government would have to continue the way it is for the people to gain any of the working rights  that they wanted. However, some of these unions showed successes, such as the AFL, which ended up being the only union left at this time, because they achieved a functioning Craft union and Samuel Gompers was allowed to speak to the House of Representatives which had actually formed a committee to deal with the problems with the working conditions, as seen in Document I. However, this testimony by Samuel Gompers was not until 1899, which was at the very end of the push for improving the position of workers and did not hav e much success. Overall, the unions from 1875 to 1900 who were working to improve the position of workers were mostly unsuccessful. Additionally, the strikes that occurred from 1875 to 1900, such as the Great Railroad Strike and the Homestead strike, were overall very unsuccessful due to the fact that these groups lost support because of the violence and job loss that came from their failures. There were also other strikes that occurred at this time such as the Pullman Palace Car Co. strike, where the Pullman workers boycotted and burned railroads cars, however there was an injunction and railroads traffic continued despite their efforts. However, the more infamous strikes, the Great Railroad Strike and the Homestead strike, had much greater consequences. The Homestead strike occurred at the Homestead plant in Pennsylvania when the steel workers were upset about how wages were being set because Carnegie and Frick wouldn’t negotiate. The Homestead Union was upset because Frick said that everyone had to become non-union and then proceeded to initiate lockout, and also brought in the Pinkertons for security. He also tried to bring in barges of scabs with the Pinkertons, but the workers broke into the factory and stopped them from coming in, which ended in a battle. Although the steel workers won this battle it was overall very unsuccessful because the steel union broke apart and all they lost a lot of support from the people because this strike was so violent, and also lost all their jobs. As seen in Document G, the list of the people who died during this strike showed a lot of workers from the Homestead plant, which again attributes to the fact that the strikes bring violence and death. Secondly, the largest strike to occur in the United States at this time was the Great Railroad Strike. The Great RR strike involved the workers of the B&O railroad who were upset because of wage cuts, extended trains without adding workers, and also cutting the time that  they had to finish their railroad. The workers decided to go on strike and refused to let the trains run. There were violent conflicts with the militia and riots all throughout the United States, and President Hayes was prompted to intervene. He used the constitutional concept that the national government had the right to regulate interstate commerce, and the railroads were involved with commerce. The media was also not in favor of this strikes which is possible to see in Document B, as was common for any strike tha t occurred during this time. In the end, the railroads started running again and the workers did not end up getting the rights that they had been asking for and learned that mob/violence was an ineffective way to work towards their rights. Although the strike resulted in the formation of the ICC and the creation of Labor Day, they were overall very unsuccessful. In conclusion, unions, which in their part were mostly unsuccessful, and also strikes which were very unsuccessful, the organized labor, was in all very unsuccessful in improving the position of workers from 1875-1900 due to their multiple failures in both categories.

SUPERIOR STRATEGY EXECUTION Assignment Example | Topics and Well Written Essays - 250 words

SUPERIOR STRATEGY EXECUTION - Assignment Example The recruitment will assure that you get the right talent for the job and experience. During the broadcast of the program ask people to apply for the job. Most applicants will be fans of the program who know of its history and feel they need to be more involved in the program. This will ensure that one gets the correct talent that he is looking to add to the team. The best way is to look for potential employees on electronic blog site. Then post the opening at the site. The members of the blog will get automatic emails informing them of the available vacancy. The applicants will be qualified and have a good knowledge of the electronics being sold. The best ways to recruit a Dj is to wlcome djs for auditions in the club. The announcement of the audition should be broadcasted in all radio stations and posted on the clubs face book page. This reduces costs of a recruitment agency and gives the chance to get the best dj by judging the clubs audience to the Dj songs. Since the club business is competitive this recruitment will give produce the best Dj for the customers. The job requires someone who understands the stars well and the best way is to post the vacancy at the stars social media pages. The applicants will be those who are familiar with the stars and have the stars interest at heart. The way they dress to the interview will also determine who is the best for the job. The best way is to post the Ad in a platform that hosts IT specialist guys without displaying that the employer. Many people at the forum will apply for the position and through the interview process the most qualified candidate will be chosen. The best way is to use referral from employees to advertise for the position. This will save costs. A reward of cash is awarded for each referral given. This will encourage the employees to give more referrals. The best way is to post the advert on movie discussion forum. This will reach only

Ethical competence and moral grasp of the right business practice Essay

Ethical competence and moral grasp of the right business practice - Essay Example Ethical competence and moral grasp of the right business practice During the past decade there have been numerous accounting scandals that have caused corporate collapses which have shaken the financial arena and created huge losses for investors, the present financial crisis of the latter part of 2008 revealed the greatest challenges yet. The majority of these collapses were caused directly by the unethical behavior of CEO’s, directors, officers and employees who misrepresented the financial condition of the corporation by providing misleading financial information (Ashe & Nealy, 2010, pg. 1). Public accounting firms as being a â€Å"part of the contemporary ‘enterprise culture’ that persuades many to believe that ‘bending the rules’ for personal gain is a sign of business acumen.† This stands in stark contrast to the differentiating public interest perspective of a profession, and we suggest that cultural change in the profession is necessary for real and lasting change to occur (Stuebs & Wilkinson, 2010, p g. 30). Such, this paper is prepared by the undersigned to show ethical competence and moral grasp of the right business practice as he prepares himself to enter the corporate world and before taking the CPA board exam as a certification of competence on the field of Accountancy. The ethical dilemma comes in especially when the Accountant is being asked by a superior whether explicitly or implicitly to be â€Å"creative† with the books to serve the end of the company. ... There are several reasons why an accountant does this. First, it may have been under the prodding and order of a superior to â€Å"skew or massage the numbers† to the company’s favor. Second, to make the company look good as it reports to the public with regard to its performance or to potential investors who would like to put their money in the business. Or, to pad the expenses so that the net earnings would appear to be low compared to actual earning and thus, requiring the company to pay only minimal taxes. The ethical dilemma comes in especially when the Accountant is being asked by a superior whether explicitly or implicitly to be â€Å"creative† with the books to serve the end of the company. This can be quite difficult for an accountant as he/she may be admonished for insubordination which may result from losing one’s job especially in today’s difficult times. Also the Accountant may become sympathetic to the company. It being the source of h is/her employment, the Accountant may be tempted to â€Å"window dress† the company’s financial statements to preserve it and his/her job to the detriment of the interest of the general and investing public. III. The American Institute of Certified Public Accountant Code of Conduct Instituting ethical practice among Financial Professionals is critical not only for the sake of being ethical in the practice of a profession but also to prevent the dire consequences if such unethical behavior becomes pervasive. For this malpractice has singlehandedly caused the recent financial disaster that â€Å"no other single issue is of greater concern to accountants in industry and public accounting than ethics. If the public cannot place

Critically evaluate the strategic role of global information systems Essay - 1

Critically evaluate the strategic role of global information systems for organisations and discuss the management issues associa - Essay Example For firms, adoption of information systems requires investment resources such as time and personnel (King, 2009). Organizations in different industries always strive to be market leaders in their respective market segments. Where the business environment consists of inflation, recession and tough operating conditions, businesses opt for strategies aimed at gaining a competitive edge over their competitors (Drucker, &Maciariello, 2008).Among these strategies can be the one that enables adoption of an information system by a firm. The system enables the organization make optimum use of its data, cut down on costs and increases efficiency.Information systems store and analyze data faster and in a more secure manner unlike the outdated manual way of data handling. Hardcopy management of data and records is no longer in use. Today, most companies opt for sophisticated databases that store data in any format, be it text, image or video files, update the data as well analyze the data at the click of a mouse (Drucker, &Maciariello, 2008). Through faster analysis of data, quicker solutions to present and future problems are easily determined. Another role of information systems is that of assisting in the decision making process (King, 2009). Success for an enterprise depends upon the strategic plans a firm adopts. The management of a firm uses management information systems to come up with strategic plans for the continued success of the firm (King, 2009). Information systems also play a role in the development of business processes that aim at adding value to a firm’s operations. Continuous business process remodeling is necessary for enhancing the quality of a firm’s products as well as cost minimization. Global information systems are basically information systems designed for the global market. Global information systems are more developed to cater for specific world markets and attempt to deliver functionality to a firm within the context of the whol e world (Laudon, &Laudon, 2002). With global information systems, focus is on the global setting, in a wider scope largely translating to distributed systems. Software’s for these systems are developed with the concept of global (Laudon, &Laudon, 2002). Design for these systems concern process flow in the systems, architecture as mechanisms for supporting the functions of the system. Information systems are composed are composed of information technology, business applications, development processes of the systems, foundation concepts as well as management challenges (Taylor, 2004). Information technology comprises of hardware software, data, networks and other technologies. System development processes concerns how the systems are developed and implemented. Foundation concepts are about technical and business concepts concerning components and functioning of the system (Sarngadharan&Minimol, 2010). Managerial challenges on information systems on the other hand concern how th e management of functions of information system componentsachieve optimum performance. Management issues in planning for information systems In planning for a global information system, the management team carries out a comprehensive analysis of how the firm’s business operations are conducted. This analysis will determine whether or not adoption of an information system will be of benefit to the firm (Sarngadharan & Minimol, 2010). When a firm operates globally, the scenario in the different markets is almost similar

The Scientific Method Lab Report Example | Topics and Well Written Essays - 250 words

The Scientific Method - Lab Report Example The quantity of oxygen dissolved would be controlled by beginning from 20ppm and twenty fish. After this the amount of oxygen would be lowered slowly up to 0ppm. In this instant, as per the hypothesis set, there would be zero fish within the water. The control variable for this experiment would be temperature of water. This is so because for accurate results of this experiment, the temperature of water needs to be kept constant. Otherwise it will alter or give out biased the results of the experiment. For this data set, a line graph would be most appropriate representation. This is so because line graphs are normally used in making comparison and representing data that have a time series. This graph is the most appropriate for this data, because it displays a clear magnitude change. In this observation, we hypothesize that the rate at which the plant grows depends on the quantity of sunlight. The null Hypothesis for this observation would be; the rate at which a plant grows is not controlled by the quantity or degree of sunlight. The approach used would be moving the plant around the specific room. The dependent variable shall be the plant growth whereas the independent variable shall be the sunlight amount. The control variable for this observation shall be a plant placed in the shade. Data shall be collected using a pencil, stopwatch, ruler and a clipboard. Presentation of data shall be done using a bar graph. This data would be interpreted using an excel program or an SSPS program. In this observation, we hypothesize that the Bank tellers having brown hair with brown eyes certainly would be taller in height. The null Hypothesis, in this case, shall be the bank tellers height has no relationship with their eye or hair color. The approach of experimentation to be used would be observing tellers who work at different banks. The dependent variable for this observation is the bank teller’s height and the independent variables are the bank teller’s

Boutique Law Firm and Title Company in Hohenwald Tennessee Research Paper

Boutique Law Firm and Title Company in Hohenwald Tennessee - Research Paper Example James Mark has a passion for the law and is comfortable with the real estate aspects of it. Specifically title searches, which forms the genealogy of land ownership. As a starting company, Syndicate Law firm will forecast its revenue. Revenue forecast is the amount of money calculated that Syndicate firm expects to receive from its sales. It is almost impossible to predict the yearly revenues of Syndicate Company precisely. It is critically crucial for Syndicate to develop a revenue budget of high quality. Managers of Syndicate will spend their time to assess the condition of the market, conduct analysis and negotiate with superiors to set the revenue expectations. This is possible for the company by setting aggressive but achievable targets. Therefore, revenue forecast plays a crucial in the present economies. It helps Syndicate understand how programs of the company affect the levels of domestic income. It also offers insight into the company’s economic health in the long-te rm and short-term (â€Å"Idaho real estate: practice & law†, 2002). Consequently, revenue forecast is crucial because it enables the managers of Syndicate to re-adjust the company’s annual budget. Adjustments are based on the company’s cash inflow’s estimate and keep off a large deficit of the budget. Syndicate budget team typically performs the procedures of revenue forecast at the end of a financial year. Consequently, the activities of revenue forecast affect the social expenditure and investment of infrastructure that Syndicate Company can develop over a financial year. For instance, when the estimates of revenue decrease, it causes the managers of Syndicate to reduce some of the social programs or even raise sales. Success The Syndicate Law firm will achieve its success by setting goals. Setting goals is part of the Syndicate’s planning process. The managers establish financial and non-financial goals for longer and shorter term. When Syndicat e Law firm has goals in place, it will help the management team to focus on the operational steps it needs to take and the resources needed to meet the target. When Syndicate Company meets non-financial goals, the possibility of meeting the financial target such as profitability and revenues becomes possible. Some of the non-financial goals include customer satisfaction, planning and reporting systems, employee and training development, policies and procedures, long-range vision, and community involvement. On the other hand, some of the financial goals that Syndicate Company needs to achieve include revenue and profitability. The major success of Syndicate Company is to keep their clients satisfied. This offers the chance for repeat business. When a customer is satisfied, they are likely to tell their associates about their experience. Therefore, if Syndicate Company sells to other companies, the endorsement from clients is crucial to close a sale with a new client. Also, the manage rs will create business plans for the company to table to perspective investors, which serve the company as a guide. When Syndicate grows, their planning process also grows. The growth includes the regular gathering of information on competitive activities and comparing the actual outcomes to forecast figures on a quarterly basis. Another success of the Syndicate Law Firm is its revenue growth and its expansion. Revenue growth and expansion creates

Critically assess the elements of a successful e-commerce regulatory Essay

Critically assess the elements of a successful e-commerce regulatory model - Essay Example In the last 5 years, the government has contended that the introduction of several layers of regulation based on EU legislation into UK law has increased customer confidence in e-businesses3 and increased these businesses standards of good practice. The implementation of the Distance Selling directive into UK law was to inspire confidence and increase transactions in cross-border shopping, including the internet. The regulation cannot be contracted out and any inconsistencies between the terms of the contract and the regulations would make the contract void. It does not cover contracts relating to auctions, financial services or property and partial exemptions for accommodation, transport, catering or leisure services and goods intended for everyday consumption supplied by regular roundsmen. This information must comply with the principles of good faith in commercial transactions and the principles governing the protection of minors. However, Consumers Internationals5 research revealed that 1 in 5 sites failed to give clear total cost of the transaction despite the fact that the price of goods and services including all taxes must be provided. They have also found very few sites actually providing written information on the right to a contract withdrawal. Subject to the following exceptions , once the supplier has met his obligations relating to the provision of information, the consumer has at least 7 working days to cancel the contract without penalty (the cooling-off period6) : If the supplier fails to meet his obligations to provide information, this period is extended by 3 months. He also has 30 days to repay the amounts paid by the consumer and, in certain cases, may deduct from the refund the costs of recovering the goods. If the consumers payment card was fraudulently used, he may request cancellation of payment and reimbursement of the amounts paid. The burden of proof lies on the card issuer

Perceptions of African American Women Essay Example for Free

Perceptions of African American Women Essay It was amazing to know that Dr. Mae C. Jemison who happens to be the youngest of three children born to a middle class African American family, Charlie Jemison, a maintenance worker and his wife, Dorothy, a teacher. Dr. Mae C. Jemison was the first black woman astronaut to be in space in an era filled with segregation and racism, she is a Chemical engineer, scientist, physician, teacher and astronaut, she has a wide range of experience in technology, engineering, and medical research. In addition to her extensive background in science, she is well-versed in African and African-American Studies, speaks fluent Russian, Japanese, and Swahili, as well as English and is trained in dance and choreography. Dr. Mae C. Jamison was an inspiration to me, and probably to many African American women. She was full of resilience and determination especially to have reached and achieved success in an unusual field of endeavor for many African American women, I applaud her determination to make a difference among the African American women and blacks in Diaspora. After graduating from Morgan Park High School in 1973 at the age of 16, Dr. Mae Jemison earned a BS in Chemical Engineering from Stanford University, while also fulfilling the requirements for a BA in African-American Studies. After earning these degrees in 1977, she attended Cornell University and received a Doctor of Medicine degree in 1981. During medical school she traveled to Cuba, Kenya and Thailand, providing primary medical care to people living there. This is an indication of her humanitarian efforts and eagerness to reach out to the less privileged population. Having a desire to do more with her life, she enrolled in graduate classes in engineering and applied to NASA for admission to the astronaut program. She was turned down on her first application, maybe because she is a black woman, but she persevered and in 1987 was accepted on her second application. She became one of the fifteen candidates accepted from over 2,000 applicants. When Dr. Mae Jemison successfully completed her astronaut training program in August 1988, she became the fifth black astronaut and the first black female astronaut in NASA history. In completing her first space flight, Dr. Mae Jemison logged 190 hours, 30 minutes, 23 seconds in space, making her the first African-American woman in space. She says, â€Å"I had to learn very early not to limit myself due to others’ limited imaginations. I have learned these days never to limit anyone else due to my limited imagination. † This is an inspiration to other blacks in general who normally assume a second class citizen and believe that they will never do well or will be appreciated in whatever they do. This is a wake-up call, and manifestation of the saying â€Å"Determination is the mother of invention†. In 1993, Dr. Mae Jemison resigned from NASA and founded the Jemison Group, Inc. to research, develop and implement advanced technologies suited to the social, political, cultural and economic context of the individual, especially for the developing world. Current projects include: Alpha, (TM) a satellite based telecommunication system to improve health care in West Africa; and The Earth We Share, (TM) an international science camp for students ages 12 to 16, that utilizes an experiential curriculum. Among her current projects are several that focus on improving healthcare in Africa. She is also a professor of environmental studies at Dartmouth College. Dr. Mae Jamison made a name for herself and name for blacks in general; Her entrepreneurial spirit put her in the limelight and acts as a boost to determined black men and women in Diaspora. Ellen Johnson-Sirleaf. It was quite surprising to read about Ellen Johnson-Sirleaf, I know almost nothing about this â€Å"giant and queen of modern Africa† who is presently the current president of Liberia. According to what I have read so far about this â€Å"queen of Africa† she was born In Monrovia, the capital of Liberia on October 29, 1938. During this period, Liberians had no clue that the First female president of an African country had been born into their mist. Ellen Johnson-Sirleaf is a daughter to descendents of original colonists of Liberia (ex-African slaves from America, who promptly on arrival set about enslaving the indigenous people using the social system of their old American masters as a basis for their new society). These descendents are known in Liberia as Americo-Liberians. From what I read, I noticed that Ellen Johnson-Sirleaf was truly an intellectual power house, a charismatic leader and destined to make a change in Liberia and contribute her quota in Africa. From 1948 to 1955 Ellen Johnson studied accounts and economics at the College of West Africa in Monrovia. After marriage at the age of 17 to James Sirleaf, she travelled to America (in 1961) and continued her studies, achieving a degree from the University of Colorado. From 1969 to 1971 she read economics at Harvard, gaining a masters degree in public administration. Ellen Johnson-Sirleaf then returned to Liberia and began working in William Tolberts (True Whig Party) government. Ellen Johnson-Sirleaf also served as Minister of Finance from 1972 to 73, but left after a disagreement over public spending, this is an indication of her prudence and will power. As the 70s progressed, life under Liberias one-party state became more polarized to the benefit of the Americo-Liberian elite. On 12 April 1980 Master Sergeant Samuel Kayon Doe, a member of the indigenous Krahn ethnic group, seized power in a military coup. With the Peoples Redemption Council now in power, Samuel Doe began a purge of government. Ellen Johnson-Sirleaf narrowly escaped choosing exile in Kenya. From 1983 to 1985 she served as Director of Citibank in Nairobi. I will say that Ellen Johnson-Sirleaf had a lot of courage, because it was quite unusual for a woman to challenge a dictatorial incumbent president in Africa without being kidnapped, tortured or killed in the process, although She was later sentenced to ten years in prison. Ellen Johnson-Sirleaf spent just a short time incarcerated, before being allowed to leave the country once again as an exile. During the 1980s she served as Vice President of both the African Regional Office of Citibank, in Nairobi, and of (HSCB) Equator Bank, in Washington. Ellen Johnson-Sirleaf played an active role in the transitional government as the country prepared for the 2005 elections, and eventually stood for president against her rival the ex-international footballer, George Manneh Weah. Despite the elections being called fair and orderly, Weah repudiated the result, which gave a majority to Johnson-Sirleaf, Ellen Johnson-Sirleaf eventually became Liberias first elected female president, as well as the first elected female president in the continent Africa. . In 2005 She established a Truth and Reconciliation Commission with a mandate to promote national peace, security, unity and reconciliation by investigating more than 20 years of civil conflict in the country and in November 2007, she received the United States Presidential Medal of Freedom, the U.

Jm Coetzees Waiting For The Barbarians English Literature Essay

Jm Coetzees Waiting For The Barbarians English Literature Essay This semester, we have looked at several works that have incorporated the theme of identity. One in particular, Waiting For The Barbarians by J.M. Coetzee , makes prevalent use of objectification language in establishing identity. Whether for the purpose of making torture easier for the torturer, or for simply creating a class for the purposes of social â€Å"planning† (i.e. conquest), objectification language is used by the characters in the story to make certain that we, as the reader, have an equally difficult time avoiding the objectification that the characters themselves are guilty of. Objectification involves establishing the identity of the â€Å"other† as well as the self in contrast to the other in whatever forms it may take. In this paper, I will briefly examine and respond to three critical analyses of Coetzee, each addressing the concept of objectification to some degree, then I will examine a typical critical response to the concept of objectification of t he self that argues that any serious intellectual analysis of the self must involve a degree of detachment. Is this same level of detachment necessary when analyzing the concept of the identity of the other? After all, Waiting For The Barbarians is only a book, right? By writing his poignant portrayal of the evils of humanity that sees itself as less than human, what is Coetzee trying to say? Can we escape the need to objectify? To begin, let us first look at Coetzees novel itself. It has the convenient quality of taking place in a completely fictional world that only resembles South Africa. At first glance, this would appear to be for the purpose of allowing the author creative exercise, as well as getting us to suspend disbelief. However, is this really necessary? Why cant his story take place in our specific history? Fictionalization gives us the ability to make poignant messages because the elements are all controllable. Youre dealing with a completely fictionalized world, so certain images can take on as much symbolic meaning as you wish, thus allowing for greater dramatic effect. Coetzees not just trying to tug at our heartstrings; such sentimentality would be insulting to an intelligent audience (if you have to resort to emotional appeals, what can really be said for the actual truth-value of your claim?). Instead Coetzee, by fictionalizing his work, is demonstrating how we cant escape this objectific ation. His character of the Magistrate, while the protagonist of the story, objectifies constantly in the novel. His dealings with the barbarian girl, intimate to the point of being sexual, are really no more personal than that between a lab technician and a guinea pig. The Magistrate (i.e. Coetzee) never even bothers to learn, or even invent, the girls name. His desire to help the barbarian girl, while good intentioned, is patronizing in the extreme. It is the same type of romantic notion as that of the â€Å"Noble Savage:† well-intentioned, but ultimately a figment of ignorance.   Besides, for every â€Å"Noble Savage,† there is a â€Å"Savage Noble.† The character of Colonel Joll, while guilty of objectification, is not guilty of the same variety as that of the Magistrate. He knows full well that the barbarians are no threat to the Empire, but he knows that their existence is necessary in order to preserve the social order. When no problems are left â€Å"outside,† they can only come from inside. His understanding of the barbarians only goes so far as necessary to assign them a motive, something that he can tell his superiors. This motive, of course, is completely fabricated, which begs the question, was his torture of the old man in the beginning even necessary? Does it simply serve to portray Joll as a sadistic murderer? I will now examine a critical response to Coetzees use of torture. Susan Van Zanten Gallagher discusses Coetzees moral dilemma in writing about torture and how he goes about trying to solve it. In responding to Coetzees two problems in writing about torture, namely that there is a fine line between portrayal of torture and the glorification of it, and thus exploiting the pain of the afflicted, and that of how to portray the torturer, Gallagher writes: â€Å"†¦in his allusions to un-centered language and the death of the metaphysics of presence, Coetzee also points to the moral vacuum that allows torture to exist in the contemporary world.†This moral vacuum involves objectification, detaching oneself from the moral (often emotional) issues.   Of the Magistrate, Gallagher writes: â€Å"with his combination of sexual and authorial images, his antonymic articulations, and his failure to discover meaning in words, the Magistrate seems to be wandering in the wilderness of deconstructive criticism†and that his â€Å"sexual and linguistic failures demonstrate his lack of authority.† Coetzee writes of him having looked into himself and seeing â€Å"only a vortex and the heart of the vortex oblivion.†Gallagher suggests that this is allegorical of how the author who chooses to write about torture â€Å"must struggle to articulate torture without falsifying it, to understand and to depict oppression without unconsciously aiding the oppressor, to find texts transparent enough to carry meaning.†One aids the oppressor by inventing the language that allows the oppressor to rationalize his actions. This objectification language is obvious in the rhetorical tool employed by Coetzee in creating an allegory that takes place in another time, albeit, a very self-aware one. As Gallagher puts it, â€Å"the effect of this time displacement is to reveal truths about any oppressive society, any society that employs torture as a technique.†In the name of intellectual â€Å"truth-revealing,† Coetzee has created a contrived world that only resembles the world in the ways that he needs it to in order to prove his point. By removing the concept of torture from a real social context, he can assign his own motivations to the torturers. By doing this, is he trying to ignore the real reasons people torture each other, or is he aware of this, and only uses this to demonstrate that we can only find truth if we fabricate it? Gallagher concludes her article by saying that â€Å"Coetzee identifies the absence of moral authority that results in torture with the absence at the heart of contemporary literature since the advent of deconstructive criticism.† This absence is of the ability â€Å"to write and proclaim the truth about this kind of oppression†¦completely and effectively.†By fabricating his own context for the torture that he portrays, Coetzee is able to accomplish this, albeit a little unscrupulously. Its almost like creating a laboratory model where your theory holds true because you can ignore all compromising circumstances. By isolating his narrative in his own fabricated context, hes guilty of objectifying. He is asserting that all instances of torture are motivated by the same primary factors (hatred, etc.). However, I dont believe that this wasnt intentional. Coetzee is simply demonstrating that the only way to establish â€Å"truth† about a subject is to detach your self from it. We can thus establish what makes the torturers all the same, as well as identify what distinguishes the torturers from us, the reader. This kind of objectification language, the â€Å"perfect-world† scenario where youre always right, can lead to some interesting realizations, as long as one understands that its only fiction, and that the moral â€Å"truths† it espouses may not be applicable to the real world. It is also not the only kind of objectification that Coetzee employs in Waiting†¦. He also uses the concept of â€Å"literary† foreignness to highlight the short-comings of allegory. Rebecca Saunders, in her article â€Å"The Agony and the Allegory: The Concept of the Foreign, the language of Apartheid, and the Fiction of J.M. Coetzee, writes that â€Å"if allegory is structured by a fundamental foreignness between its literal and proper meanings, it is also characterized by that zone of error through which we have described foreignness.†She then relays the fact that Heraclitus and Philo both originally used the term allegory â€Å"to designate thought tinctured by uncertainty.†She also writes â€Å"Coetzees text not only dramatizes the zone of error that characterizes both â€Å"literal† and literary foreignness, but insists that a consequential relationship exists between them.†Ã¢â‚¬Å"Literary† foreignness, while inevitable when writing about events that havent happened to us, is the same problem that Gallagher wrote of: the problem of writing about something that we have chosen to distance ourselves while still maintaining a degree of authority. It is ironic that objectification is inevitable to establish â€Å"truth† when it may not actually be there while at the same time creating a sense of detachment that can cause the â€Å"truth† to be elusive in the first place. After all, allegory really only has truth in regards to itself (tautologous), and may not actually apply to the real situation it is purporting to describe. Saunders makes comparisons between the reportial language that Colonel Joll uses in his dealings with torture and the very idea of allegory: â€Å"It is a language in which every trace of foreignness has been deported: direct, literal certain. And that certainty is fortified by a careful management of context.† This management of context is what allows Coetzee to pass judgment with certainty. The third critical source I will examine is Barbara Ecksteins â€Å"The Body, The Word, and the State: J.M. Coetzees Waiting for the Barbarians.† She writes that the novel â€Å"is about language and the body in pain†¦[and] if its ending is desolate, it is so with a particular and moral-centered skepticism.†Even though the Magistrate comes to realize the error of his ways, his narrative still labels the native people â€Å"barbarians,† and thus he demonstrates his inability to â€Å"undo his habits of being. Neither as character nor as narrator does the magistrate point to the keen irony so evident in the etymology of the word â€Å"barbarian,†Ã¢â‚¬ namely, that which is not of the Empire. This is an example of how some degree of objectification is necessary: in order to maintain distinction between himself and the girl, the magistrate uses a term which does nothing but keep her at arms length. He cant even be concerned with her name, because doing so would cause her to cease to be different in any real sense of the word. As Eckstein puts it, â€Å"Imperialism is an assertion of objectivity†¦that converts anxiety about ones arbitrary location in time and space into an assertion that if nowhere is my home, everywhere is my home†¦. If I am there, you are other.†Objectification, here in the form of political definitions of â€Å"race† â€Å"serves imperialism and torture.†By employing objectification in defining the other, it claims to possess the same kind of certainty when defining the self. This certainty is that of distinction. â€Å"In demonstrating the differences within civilization and barbarity, animal and angel, the novel asserts one kernel of certain truth,† Eckstein writes. She then evokes the Magistrate: â€Å"Pain is truth; all else is subject to doubt†She then lays out the full â€Å"lesson;† â€Å"Torture produces the truth, for it produces pain, and pain is certain presence.† What has been said about the necessity of objectification? Patricia Sanborn writes, â€Å"The use of language to refer to the self necessitates some objectification.†She then writes, â€Å"In a study of which the self is the object, it is evident that the self is a certain kind of object. It does not lose its uniqueness because of the fact that other phenomena can also be objects.†Since, in writing about the self and our relation to the â€Å"other,† we inevitably treat these things as objects of inquiry, the first step in understanding anything, we have to accept that there is a degree of error that may be involved. Since we cant experience what others experience subjectively, our only other option is to objectify them. Coetzees novel is itself an objectification about the subject of objectification. It uses objectifying language because it is forced to by the subject matter. In order to discuss the suffering of the other, we first must distinguish the other fro m ourselves. Only then can we hope to understand our relationship with the other, and thus with ourselves (because everyone is someone elses â€Å"other†). It would seem thus, that the concept of identity and that of objectification are inexorably linked. In order to establish the identity of the self, you must first distinguish that of the other in reference to yourself. J.M. Coetzee, in writing his novel, demonstrates that, for all our moral dilemmas of objectification, we cant help but do it and say anything definitive about the world. Another persons pain is another persons pain, and we cant really experience it first-hand. We know for certain, subjectively, how we feel when we are in pain, but we cant know that of others, nor can we describe our subjective experience to them in any vivid sense of the word. Can we escape the need to objectify? No. Does this make us evil? No, just not omniscient. We only have simple human methods of understanding at our disposal, and we have to make due. Our human methods of understanding involve primarily language. Truths realized with a certain degree of dramatic (i.e. emotional) impact tend to have more poignancy. By choosing to use objectification language, Coetzee is trying specifically to cause an emotional response in the reader. We are supposed to be appalled, but in the end, we remain detached from the suffering because we know that its only fiction, even though it relates to the very real plight of those suffering under Apartheid. We are thus left wondering just how exactly we are supposed to feel about suffering that we dont â€Å"know.† In conclusion, J.M. Coetzees novel is notable for taking on the issue of inevitable objectification when dealing with the suffering of the â€Å"other.† His use of objectification language is poignant because it is necessary. We, as readers, are just as guilty of objectifying the barbarians, and thus detaching ourselves from their suffering as the Imperials in the book. Just as they arent â€Å"real† in the senses that are they are fictional, the barbarians arent real in the book because theyve been given that identity by the Imperials. They exist then in limbo, out of reach, but not too far removed from us.

George Orwells 1984: Unmasking Totalitarianism Essay -- Literary Anal

The outlook to the future is usually one filled with hope. When failures of the past and present problems collide together, the future is often seen as a place of hope. This mindset was no different in Britain during the mid 20th century, especially in the late 1940’s. World War II had finally ended, the days of fighting Nazi Germany was behind everyone but present circumstances were bleak. Britain was still recovering from the effects of World War II and handling the transition of a new socialist democratic government. From the east there loomed Stalin’s Soviet Union with its communism government and Totalitarian ruling mindset. Many were oblivious to the facts surrounding communism and looked hopefully to it. The reason for this was as Mitzi Brunsdale states because of â€Å"all kinds of personal and social inadequacies† (139). Many in the west were discouraged with present conditions and looked to Stalinism for hope. Many of the â€Å"Western supp ort for Stalin often took the form of neo-religious adulation† (Brunsdale139). On the other hand, George Orwell stood in direct opposition. This resistance against the Totalitarian rule of Stalin was especially expressed in one of his most popular books called 1984, which â€Å"brings home to England the experience of countless who suffered in Totalitarian regimes of Eastern Europe† (Meyers 114). George Orwell through his life experiences and through the accounts of others had seen the dangers of Totalitarianism. In 1984, George Orwell exposed three dangerous aspects of Totalitarianism by showing the oppression of the individual's in the story in order to show the true nature of Totalitarianism. One of the first ways that Orwell exposes Totalitarianism through the oppression of the i... ...y to write a novel that so clearly shows the power of the state and diminish of the individual send chills to those who read his book. Even in the future, every reader is faced with the reality of the possibility of such a society existing. With technology advances and many history defining issues arising, the possibility of elements of the book coming true seems to become more and more of a reality. Works Cited Bal, Sant S. George Orwell The Ethical Imagination. Atlantic Highlands: Humanities, 1981. Print. Brunsdale, Mitzi M. Student Companion to George Orwell. Westport: Greenwood, 2000. Print. Meyers, Jeffrey. A Reader's Guide to George Orwell. Totown: Littlefield, Adams &, 1975. Print. Meyers, Valerie. Modern Novelists George Orwell. New York: St. Martin's, 1991. Print. Orwell, George. Nineteen Eighty-Four. New York: Penguin Group, 2003. Print.

Marine Corps: Re-socialization of Young Men into a Warrior Society Essa

In a film we saw recently, one of the speakers, Dr. John Houghton was speaking on socialization. One remark he made, to the effect that what we, as individuals, become is based on what chances we are given and what we learn (Research Methods, 1996), was considered so important that it was repeated again at the end of the film. His statement fits perfectly with the topic of this study: the re-socialization of young men into the warrior society of the United States Marine Corps. Unlike the recruiting efforts of the other services, which seem to focus on what you have to gain by serving with them, the Marine Corps’ recruiting philosophy has always been one of challenging; giving young men the chance to prove that they have what it takes to be U.S. Marines. â€Å"We Never Promised You a Rose Garden,† â€Å"Take up the Challenge,† and â€Å"The Marine are Looking for a Few Good Men† are all recruiting slogans aimed at inviting prospective Marines to pro ve they have what it takes to be a Marine. This philosophy seems to work because the Marine Corps is the one branch of service that consistently meets its recruiting goals year after year. The question here is whether or not the re-socialization process is necessary and does it serve a useful purpose. If it does, what is that purpose? To the best of my knowledge there has never been a sociological study of the effects of Marine recruit training, and only one or two non-fiction books have been written about the training of male Marine recruits, most by someone who never served in the Corps. This paper will make reference to those works, but for the most part will rely on the experiences of the author, a Marine for more than 30 years; five of those as a drill instructor whose primary... ...all themselves United States Marines, forever a member of the warrior society. Still a part of American society, yet forever changed: re-socialized for a higher purpose. Sources Alvarez, E. (1984). Where It All Began: A History of the United States Marine Corps Recruit Depot Parris Island, South Carolina. Blountstown, FL: Gayle. Banning, L. (Producer), Milos, F. (Director) (1996). Research Methods for the Social Sciences. [Film]. (Available from Horizon Film and Video, Austin, TX) Duncan, H. G., & Moore, W. T. (1980). Green Side Out: Marine Corps Sea Stories. Blountstown, FL: Gayle. Moore, H. (1983). Rows of Corns: A True Account of a Parris Island Recruit. Orangeburg, SC: Sandlapper. Regimental Order P1510.37G (1980). Close Order Drill Manual. San Diego: Recruit Training Depot. Ricks, T. E. (1997) Making the Corps. New York: Scribner.

Driving Miss Daisy Essay -- essays research papers

Driving Miss Daisy This is a report on the story "Driving Miss Daisy". The main characters are Daisy Werthan, Boolie Werthan, and Hoke Colborn. Alfred Uhry wrote the play. It started in nineteen forty-eight and ended in nineteen seventy-three. It’s a play based on a female Jew, which is Daisy Werthan, which passes the ages of seventy-two to ninety-seven years old, and a black chauffeur named Hoke. Daisy’s son Boolie is stuck in between Daisy’s prejudice and Hoke. Here goes. Daisy showed her first type of prejudice when Hoke told her "yo zinnias cold use a little tendin’ to". She told him to leave them alone. He also offered to put vegetables in the garden. Daisy just gave him a rude reply. Now my opinion is that she didn’t want him to touch her garden because she wasn’t sure if black people knew how to take care of that type of thing. She also could have meant to be rude, not prejudice, because she doesn’t want help from anybody for anything, ever. Her next example of racism was when Hoke was looking at the walls that had pictures on them, and Daisy saw him, She told him she didn’t like him "nosing through" all her things. All he did was try to compliment her on her house, and to be more specific, her walls. Hoke told her that he liked a house that had pictures in it. Now, what I think is that this part could go two ways. She might not be comfortable with ...

Sons and Lovers as an Autobiographical Novel

Novel gained immense popularity during the 20th century. In the history of English novel D. H. Lawrence’s Sons and Lovers is a typical 20th century novel. The 20th century novels bear the characteristics of realism, romanticism, modernism, impressionism, expressionism etc. It was a time of complex human psychology. A contiguous overflow of a thought, which is happening in human psychology become the theme of the novel of the time. After the havoc and destruction of the First and the Second World Wars a great change in human psychology took place.Prominent psychological writers like- Sigmund Freud, Jung and Lucka came forward with their stimulating psychoanalytical theory. Freud’s theory of Oedipus complex and Lacka’s theory of child’s life or self-development greatly influenced the Novelists of The 20th century. Son’s and lovers by D. H. Lawrence is also a psychological novel where Lawrence as a psychoanalyst brings into focus the subtle and intrica te happening in the minds of his characters, like Gertrude Morel , Paul Morel , Miriam and others.Love PoemSons and Lovers deal with the psychology of the characters. Lawrence examines human life minutely and represents the complexity of human mind in his novel, Sons and Lovers. He brings out the deepest and subtle psychological aspect of his characters specially of Gertrud Morel and Paul Morel. According to the psychologists’ theory, there are three levels of human thought: conscious, subconscious and unconscious. Most of the thoughts lie dominant in subconscious and unconscious level. Sometimes it comes out into surface. Oedipus complex is one of such instinct.A psychological novelist like Lawrence externalizes the hidden and inner recondite thoughts of subconscious and unconscious mind. The theme of Oedipus complex is a dominant theme of Lawrence’s Sons and Lovers. Gertrude morel is a lady of delicate and refined taste and she married a miner named Walter Morel. Tho ugh it was a love marriage, within a few months of their marriage she discovered him as a stranger, a gambler, drunkard and an agitated person. Besides the poverty of Morels family disillusioned her. In spite of remaining as his wife, she lost all the interests for him.Morel’s rude and aggressive behavior with her and their children made her burdened with life with him. But nevertheless she remains with him because she had loving children as- Annie and William. All her love and affection was transferred to her children specially to her eldest son William who also loves his mother very much. When William came into maturity he managed to earn for family and it made her happy but gradually Mr. Morel becomes an outsider of the family. Because of the crude and vulgarity of his manner his children William and Annie also began to despise him. Mrs.Morel’s extreme love for her son William made the father jealous. In a state of conflict between husband and wife, both of them fel t dreary and lonely. So all the love and affection of a disappointed soul like Gertrud Morel find place in her lovely children especially in the sons- first in William then in Paul. The sons gave hope and spirit in Mrs. Morel’s life. Her heart filled with love and affection first for William then for Paul, her second son. Lawrence in a letter to his friend Edward Garnett said about the relation between mother and son: â€Å"But as her sons grew up, she settles them as lovers. This is the kind of love Sigmund Freud mentions as Oedipus complex. According to the theory, if the marriage between the mother and father is not happy and loving, the parents become interested in love for the child of opposite sex. The child functions as the substitute of husband or wife. Lawrence as a psychologist brings out the innermost psychology of his characters, Mrs. Gertrud Morel and her son Paul Morel. Mrs. Morel prevented her sons making love with other woman except her. She prevented William from getting intimate with the gipsy girl Lily.After the death of William she was slowly transforming her possessive feelings to Paul. Lawrence showed them wandering along the street of Nottingham with joy and excitement just like two lovers. She is a victim of an unhappy marriage. Her failure in life with Morel paved the way of Oedipus complex in her life. She gets attracted to her sons’ manhood. Nothing except Paul is valuable in her life. Paul also knew her passion for him. He loved his mother from his very childhood and could not break her heart. So he remained passive with any relationship with other women like Miriam and Clara.Miriam loved him intensely. He also had love for her but an unknown hand prevented him from the fulfillment of their relationship. He thought that he is only for his mother. His mother also knows that her only means of life on earth is Paul. What is the horrible consequence of an unhappy marriage, she knows it well. That’s why she says Wil liam, â€Å"Nothing is as bad as marriage that is a hopeless failure. † The relation between Paul and Miriam is a kind of spiritual love, yet nothing but his Oedipus feeling prevented him from marrying her. Both Mrs.Morel and Miriam desired Paul’s love and affection and it eats up the self of Paul. Mrs. Morel knew that Miriam is not like an ordinary woman who can leave her the share she desires in Paul. So she felt awfully worried about Paul. She could not bear it. She could let another woman have Paul but not Miriam. The tormented soul of Mrs. Morel says: â€Å"she’d leave me no room, not a bit of room. † Then she piteously utters: â€Å"And I’ve never- You know Paul- I’ve never had a husband- not really. † Paul helplessly comes forward to console his mother by asserting that he did not love Miriam.He strokes his mother’s hair and placed his mouth on her throat. Before parting for the night Mrs. Morel kissed him a long fervent kiss. Thus physical intimacy between mother and son become more explicit in the novel. Paul fells disturbed with Miriam as he thinks her foe between him and his mother. Nothing should disturb their relationship. Paul was aware of his helplessness. He frankly admits that he could only give Miriam his friendship- nothing more. Paul’s passion for his mother is also seen when in a railways carriage he noticed that his mother’s body looks frail, he thought that his mother is slipping away from him.Again in climbing the Cathedral hill, when she was out of breath and had to take rest Paul regrets that his mother is aging. He frankly says his mother: â€Å"Why can’t a man have a young mother? What is she old for? † He regrets for not being her eldest son to find her younger. After Annie’s marriage, Paul realized his mother’s loneliness. So, he asserts to Mrs. Morel that he would never marry and leave her alone. Another woman Clara came in Paul†™s life. She aroused the long repressed and over-refined sexual instinct of Paul who is a man of twenty-three. But yet sex remained complicated in him.Clara’s physical attraction also failed to bring Paul out of his psychological complexity. He thinks that only an over strong virginity in him and Miriam prevented them from physical contact. Paul realizes that the deepest of his love belongs to his mother. The clear sexual over tone of their relationship is seen during their excursion to Lincoln where Paul behaves almost like a lover when he tells his mother, â€Å"You forget I am a fellow taking his girl for an outing. † Mrs. Morel also accepts this sexual aspect in a pleasant mood. Mrs. Morel disapproved not only Miriam but also Clara saying hat he had not yet met the right woman. Paul could understand his mother’s passion for him as well as his weakness for her. So he felt that he would not meet that right woman during her lifetime. Even Clara too realized t hat Paul cannot come out of himself, so she leaves him and returned to Baxter. Mrs. Morel’s pangs and miseries of life and Paul’s emotional crisis ended with the tragic death of Mrs. Morel. Being unable to carry the psychological torture any more, Paul fed her a heavy dose of morphia with her night milk and next morning at about twelve eternal rest and peace came to the agonized soul.Paul knelt down by her death-bed and put his face to hers and his arms round her and whispered mournfully, â€Å"My love, my love- oh, my love. ’ And after the death of his mother he often moved aimlessly from one place to another, drinking, knocking about with men he knew. The real agony was that he had nowhere to go, nothing to do, nothing to say and was nothing himself. According to Lucka’s theory there are three stages of self-development: imaginary stage, mirror stage and symbolic stage. In the imaginary stage a child often birth thinks its mother as self. It finds itse lf in it mother.In the mirror stage he starts to think it differently. In the symbolic stage a child gets the name of his father. In Sons and Lovers Paul first identifies himself with his mother. He then finds his own self and then is identified with his father. But as he found his father, Walter Morel, unattractive and complex he again seeks place in his mother. So he could not found his own self-identity and could not come out of his mother. Lawrence employed the stream of consciousness technique which means a continuous overflow of a thought what is happening in human psychology.It saves his plot from the bondage of time and chronology. As a modern writer, Lawrence writes from the subjective point of view in order to share his own personal experience with the readers. He tactfully delineates the psychology of the perturbed souls of Gertrude Morel and her son Paul Morel. How psychological complexity destroys a man or woman is seen in the character of Mrs. Morel. As a frustrated wi fe she failed to enjoy properly the life of a woman and goes through a great complexity and psychological breakdown. She took shelter in a loving male person to make good of an unhappy young lady.The man also loves her deeply as she expect yet she could not satisfy her mind completely because the loving male person is none but her own loving son to whom all sexual aspects are forbidden for her as his mother. Obsessed with the mix emotional and passionate feelings her mind is completely shattered down. Side by side as a victim of her passionate love her son Paul also lost himself in her and goes through the same psychological complexity. Thus the emotional and sensual crisis of human psychology dominates the plot of Lawrence novel Sons and Lovers. So it is a great psychological novel in the history of English literature.

Gender Bias Essay

The concept of equality is regarded as an inalienable human right that should be enjoyed by all individuals regardless of their gender, race, religion, and other differential factors (United Nations, 2009). However, it is clearly seen that this is not practiced in the society that exists today. Discrimination still persists and this is greatly exemplified by the inequality that is based on gender differences. It is undeniable that women are still placed in a disadvantageous or inferior position as compared with their male counterparts. There are indeed substantial changes that have taken place in the past that made the situation of women better than before. Nevertheless, it is still obvious that there are still many changes that should be made before women can achieve the real essence of equality that they rightfully deserve. The discriminatory practices against women can be rooted back in the early history of the world wherein philosophers are still trying to make sense in the world that human beings live in. Even in the past, women have already been seen as inferior to men and this is evidently proven in the development of language. According to Becky Michele Mulvaney, the author of the article entitled â€Å"Gender Differences in Communication: An Intercultural Experience,† gender is both an influence of and a product of communication. In line with this, she pointed out how the idea of gender is first learned by an individual through talking with other people. A person could see the difference between the language that is used by girls and is often characterized by qualifiers and fillers to soften their message. There are words that are acceptable if used by a boy but not by a girl. Moreover, famous philosophers also focused on the image of an active male that makes a female as mere a supporting character. This is exemplified by Plato who defined women as â€Å"lesser men† and Aristotle who said that women are â€Å"a deformity, a misbegotten male;† as well as St Thomas Aquinas who argues that women should not have been created by God (Mulvaney, 2004). In the same manner, discriminatory practices against women still continue up to this present time. The patriarchal influences of key personalities in history and the general perspective of the people before, that women are inferior to men established a societal thinking that further propagated this view. Despite the improvements in the status of women in the society, it is evident that they are still perceived as second class citizens. This is proven in the professional lives of women wherein there are still biases and discrimination practiced against them because of their gender. Even though there are women that are already working in industries that are previously dominated by males, there is still an observable discrepancy that shows that a large number of men are in the working force. Furthermore, women are also having difficulties climbing the professional ladder of success because they are not given a fair consideration because of their gender even if they have the same capabilities sometimes even better skills than their male contenders (Farough, 2005). Being the case, it can be said that the inequality experienced by women is often not in terms of their age, race, or religion even though these factors are often intertwined. The inequality that they have to go through especially in their jobs is brought about by the social construct that women are inferior to men. The society, the one that is responsible for creating this concept, should also be the one responsible to deconstruct the notion of gender inequality. In order to do so, it entails using approach that deals with the cooperation and collaboration of people regardless of their genders. The Feminist/Sociological approach entails that people should work toward deconstructing this gender bias especially the males, and should realize that there are more disadvantageous effects if this inequality persists as compared with the privilege that they get from it (Farough, n. d. ). Furthermore, gender inequality could also be addressed through the proper use of language and communication. People should realize that language and communication are also intercultural factors wherein diversity should be accepted because there of the inherent differences between males and females (Mulvaney, 2004). However, it should be remembered that these differences should not render one gender inferior than the other. References Farough, S. (2005). The Negative Consequences of Male Privilege. In Understanding and anaging Diversity: Readings, Cases, & Exercises. 3rd edition. (Chapter 21). Upper Saddle River, NJ: Prentice Hall. Mulvaney, B. M. (2004) Gender Differences in Communication: An Intercultural Experience. In International Communication: A Global Reader. (pp. 221-229). United States: SAGE Publications. United Nations. (2009). The Universal Declaration of Human Rights. Retrieved January 13, 2008, from http://www. un. org/Overview/rights. html.

Company Law Course Wrap Up

MGMT3046 Company Law: Course Wrap Up November 2012 We have come to the end of formal instruction in Company Law, so it is useful at this point to review the main learnings from the course. This will be somewhat long! Unit1 Salomon v Salomon and the corporate veil. This is a foundational case in company law which enunciated the principle of the separateness of company and its members (shareholders and officers). The principle makes it quite clear that the separation of the company from its members will always hold; it is only in exceptional cases that the corporate veil will be lifted, such as in instances of fraud or other illegality.This means that a company may contract in its own name and, similarly, be held liable for breaches committed in its name. As mentioned before, shareholders and officers of the company will not usually be held liable for acts committed by the company. This leads directly to the concept of limited liability. Since a company is a separate legal entity, it f ollows that its members will not be liable for its debts. As a distinct legal entity, a company’s assets belong to it and not its members; its liabilities belong to it and are not the responsibility of the members.In the event of the company becoming insolvent or bankrupt, a shareholder’s loss would only be limited to the amount of unpaid shares he has outstanding in the company. In this way, a shareholder is afforded limited liability. Conversely, unlimited liability companies impose unlimited liability on its members. Ultra Vires. Ultra vires describes acts undertaken beyond (ultra) the legal powers (vires) of those who have purported to undertake them.The three main applications of ultra vires were: o whether the company acted outside is capacity; o whether the company’s agents acted in excess of authority; and o whether the company’s act was contrary to statutory provisions. This proved to create great difficulties for creditors as they might provide goods and services to companies which, when they refused or were unable to honour payment, were protected by the fact that contracts were deemed null and void and therefore unenforceable.Creditors had no recourse in the face of this issue. See Ashbury Railway Carriage & Iron Co Ltd v Riche. Ultra vires has since been abolished by statute such that, even though companies and its members may not be authorised to act in a particular way or to make certain decisions, they may still be liable for such unauthorised acts as against third parties. This concept will return again in other units. Unit 2 Lifting the Corporate Veil.The corporate veil does not provide blanket protection to the members and officers of a company. It will once they have acted carefully, honestly and in good faith. In cases of illegality and negligence, the veil may be lifted to expose the offending member to liability. Both statute and common law provide for the lifting of the corporate veil in such instances. This Session discussed the statutory exceptions to limited liability which include: 1 MGMT3046 Company Law: Course Wrap Up November 2012 †¢ †¢ †¢ †¢ †¢ eduction of number of members (it is to be noted that while a company may be operated with only one director under UK statute for up to six months, the same does not hold for Trinidad and Tobago); fraudulent and wrongful trading (these apply only during the winding up process [to be dealt with in further detail in Unit 8]; wrongful trading may be inferred from â€Å"reckless disregard† as found in s 447(1)(b) and (c)); disqualified directors (a director may be disqualified either during the course of normal operations of the company or during the winding up process); abuse of company names (this usually involves the transfer of company assets at an undervalue to the new company); and other named offences relating to documentation. While the veil of incorporation usually affords protection to a companyâ€⠄¢s members and officers, the Court will lift it in cases of statutory breaches where strict liability attaches to those found responsible for the breach.The Responsible Corporate Officer Doctrine, which holds the decision-making officer liable, operates very similarly in other legislation but is held to be separate from lifting the veil. At common law, the court will be prepared to lift the corporate veil under very limited circumstances. While there are no clearly defined categories, the court will lift the veil where individuals are concerned in instances of using the corporation as an agent (based on the degree of control exercised by the shareholders over the operations of the company) or where there is fraud or impropriety. In the case of corporations as shareholders, the court will lift the veil in cases where it can find an implied agency relationship and a group of companies acting as a single entity.It is generally held that the court will lift the veil in parent-subsidiar y relationships where the evidence shows that the subsidiary is but an agent of the parent (based on the degree of control exercised by the latter over the former); statutory or contractual provisions dictate that it should be lifted; or the subsidiary is established as a sham. A company will be deemed to be acting fraudulently where it is established to avoid a court order or other legal obligations; this usually applies where the shareholders are individuals. In such cases, the court will lift the veil to expose the company’s members to liability. Unit 3 Directors of a Company. A director’s behaviour is governed largely by the Companies Act, specifically by section 99. A director’s responsibilities and liabilities are very clear and simple.He must exercise the powers of the company; direct the management of the company (s 60); declare any personal interests (s 93); act honestly and in good faith; and exercise care, diligence and skill a reasonable person would exercise under similar conditions. Any breach of these requirements will lead to personal liability on the director’s part. The company may choose to indemnify a director for any liabilities incurred where he acted honestly and in good faith and in the best interest of the company (s 101). Particular attention should be paid to the words used in section 99 and their meaning. 2 MGMT3046 Company Law: Course Wrap Up Unit 4 November 2012 Directors of a Company. A director’s behaviour is also governed by common law which reflects, in large part, section 99 of the Companies Act.They owe a fiduciary duty to the company to act in the best interest of the company, lawfully, honestly and in good faith, otherwise, they will be in breach of their fiduciary duties owed to the company. Pardy v Dobbin is an excellent case on point. Shareholders are able to indemnify a director’s acts or decisions if they so choose where there is disclosure by the director of his interest. Apa rt from the duties owed, a director may be held personally liable in tort or for criminal activity, especially in cases of fraud or negligence, and will not have the protection of the corporate veil. It is important to note that where the tortious conduct of a director is motivated by self-interest or personal benefit, then the director may be liable (Blacklaws v Morrow, 2000 ABCA 175 (CanLII), paragraph 137).Personal liability will only attach, therefore, where it can be proven that the acts of the director are separate from the interest of the company or where such acts have been expressly directed by him. Fraud is proved when it is shown that a fraudulent misrepresentation has been made (i) knowingly, or (ii) without belief in its truth, or (iii) recklessly, carelessly whether it be true or false. A director will be held liable where any of these is proved. With respect to criminal liability, a director will usually be held criminally and personally liable where he acted in fraud on the employer, for his own benefit, or contrary to instructions.In other cases of criminal liability, the company will be held to be vicariously liable, together with the officer in question. Under the directing mind or identification principle, a corporation may be held vicariously liable for the criminal acts of its â€Å"directing mind†. In mens rea [criminal intent] offences, if the Court finds the director to be a vital organ of the company and virtually its directing mind in the sphere of duty assigned him so that his actions and intent are deemed the action and intent of the company itself, the company can be held criminally liable even where the criminal act was performed not wholly for the benefit of the company. He must, however, have been acting within the scope of the area of the work assigned to him.In the case of fraud, where the benefit accrues only to the director and is not intended to be for the benefit of the company, the corporate entity may be able to escape liability. Other Officers of a Company. Their behaviour, too, is governed by section 99 of the Companies Act. Unit 5 Shareholders. A shareholder is a member of a company, usually someone who has invested in the company and is considered an owner or part-owner. At law, the shareholder is not the incorporated entity; they are distinct entities, where the company is deemed a separate, legal person with rights, privileges and liabilities, 3 MGMT3046 Company Law: Course Wrap Up November 2012 in like manner as a shareholder. Their rights, privileges, liabilities, immunities and procedures for holding meetings are all covered by the Companies Act.In addition to the Companies Act, shareholders’ relationship with each other and the company are further governed by the terms of the shareholders’ agreement, which may place restrictions on their behaviour. It should be noted that there are certain fundamental changes that may only be effected by the shareholders. Unit 6 Stat us of the Minority Shareholder. The majority rules. This is enshrined in law, both common and statutory law. This makes it very difficult for minority shareholders to protect the interest of the company. This principle has its roots in the foundational case of Foss v Harbottle [1843] 67 ER 189 which addresses the heavily circumscribed status of the minority shareholder.Section 37(c) of the Interpretation Act further compounds this issue as it also reinforces this principle. In addition to the majority rules principle, another important issue that arose is the proper plaintiff rule. The court held that if the majority is committing wrongs against the company, it is the company itself that should take action to protect itself. Nevertheless, the law has taken into consideration the underprivileged position of the minority shareholder and allows him to take actions as exceptions to the rule in Foss v Harbottle. As the company is an inanimate entity, it cannot take action on its own, hen ce the relaxation of the proper plaintiff rule to allow the minority to act on its behalf.Obviously, the majority would be the entity to allow or disallow any such action and they will not permit the minority to take action against them. The minority shareholder(s) will have a right of action against the majority shareholder(s) in specific situations. He may be allowed to take derivative action – an action brought by a shareholder (or director) of a company in the name and on behalf of that company – in very peculiar circumstances. This means that any benefit accrues to the company only and not to the benefit of the shareholder. There are certain acts that a majority may not legally undertake and for which the minority may initiate such action.The minority has a common law right of derivative action where the majority attempts to: o o o Confirm an act which is ultra vires or illegal; Confirm an act which constitutes a fraud against the minority where the wrongdoers are themselves in control of the company; Confirm an act which can only be validly done or sanctioned, not by a simple majority but by some special majority; otherwise, a company could de facto do by simple majority something which required a special majority; or Affect qualified minority rights. o Where his personal rights are affected, he may take action in his own name. Any benefit here accrues directly to the shareholder. The minority shareholder also has rights under the Companies Act to protect the interests of the company against the will of the majority. As in the common law, the act also allows for derivative action pursuant to section 240. The procedure in 4 MGMT3046 Company Law: Course Wrap Up November 2012 s 240 must be followed prior to making a claim based on any of the four common law rights of derivative action mentioned.With respect to personal rights of action, minority shareholders may dissent to shareholder resolutions seeking to make fundamental changes to the corp orate entity (s 227) or may seek to restrain oppressive behaviour on the part of the majority that is unfairly prejudicial to or unfairly dismissive of the interests of shareholders or other members or officers of the company (s 242). In this way, the minority shareholder is offered the right under law to protect his own interest or the interest of the company. Unit 7 Insider Trading. This relates to trading in public companies. An insider is someone who breaches a fiduciary duty owed to his employer to act honestly and uses unpublished, price-sensitive information to trade in securities or communicates such information to someone else who trades. The information he has will be considered material if it will help an investor determine whether or not to purchase or sell shares.Where an insider uses such information for his personal benefit to avoid a loss or make a profit, he will be in breach of the Companies Act, the Securities Industry Act and common law principles relating to: o Access to confidential information; o Breach of fiduciary duty or other relationship of trust; o Material confidential information; and o Using material confidential information for one’s benefit. Unit 8 Winding Up and Dissolution. Winding up is the process of liquidating a company and its assets and then distributing the proceeds while dissolution is the cessation of the company. The most important issue here is trading while insolvent. This is regulated by s 447(1) of the Companies Act.This section raises the issue of fraudulent trading, where it is discovered during the liquidation process that the company continued carrying on business, despite knowing or being unconcerned that it would have been unable to honour its debts and liabilities. Liability under this section is usually triggered when the court is satisfied that a person has not taken every possible step with a view to minimising the potential loss to the company’s creditors as he ought to have taken. Seve ral important words and phrases are used in this section: intent to defraud; reckless disregard; debts and liabilities; knowingly; and personally responsible. The Central Bank case provides an excellent exposition into s 447(1) and the eaning of these terms. The use of such words and phrases make it clear that anyone guilty of this offence must have purposely or carelessly undertaken these acts despite knowledge or care of the company’s inability to cover the debts and liabilities incurred by it. Any person so guilty will be held personally responsible without any limitation of liability. It should be noted that this is not restricted to directors and officers; anyone, such as an accountant who may have audited the accounts and been aware of the dire financial situation, for example, who was knowingly involved would be held liable as well. It also applies to past officers and directors. 5MGMT3046 Company Law: Course Wrap Up Unit 9 November 2012 Corporate Governance. Corporate governance has assumed great prominence within the last twenty years. There are many definitions, but they all revolve around good management practices which encompass accountability, transparency and honest. Several financial scandals, resulting from a lack of these traits, led to the promulgation of codes of conduct for companies. These codes focussed on remuneration for directors, the role of the non-executive director, reporting functions of the board, and the role of auditors and audit committees. An ultimate combined code was created that encompassed the main points of each individual code.While none of these codes have the force of law, they provide a moral barometer specifically for public companies to engage in good management practices. Private entities are welcomed and encouraged to follow these guidelines as well. The wide range of stakeholders just might ensure that these non-binding codes are adhered to, as companies, public and private, are required to act in the bes t interest of the company and society at large. The threat of damage to the company's reputation may also assist in this regard. Of course, where companies fail to do so, they will be subject statutory and common law sanctions, even where the codes lack the ability to penalise.Section 99 of the Companies Act, in particular, and common law fiduciary duties apply here. Unit 10 Partnerships. What is a partnership? They are unincorporated entities, known as firms, comprising any combination of two or more individuals, or one or more individuals and one or more corporations, or two or more corporations (s 4, Companies Act). The relation which subsists between persons carrying on a business in common with a view of profit (s 3(1), Partnership Act) How is a Partnership different to a Company? Unincorporated entities Based on the law of agency Partners bear equal benefits and liabilities Formal establishment not necessary Less statutory responsibilities What does not necessarily constitute a Partnership? oint ownership; sharing of gross returns [Cox v Coulson – no agency]; and sharing of profits [Stekel v Ellice – employment contract vs partnership agreement]. Creation of a Partnership Persons who invest monies to open a company prior to its incorporation or to commence a partnership will not be deemed to be partners during the period before the company or partnership comes into existence. This was the case in Spicer Ltd v Mansell. 6 MGMT3046 Company Law: Course Wrap Up November 2012 Partnership at Will Partnerships that are not subject to any formal agreement. No fixed duration. May be terminated with immediate effect by any partner at any time. Refers to continued partnerships as well.Relations of Partners to Persons Dealing with Them (Higgins v Beaucham [1914] 3 KB 1192; Mann v D’Arcy and Others [1968] 1 WLR 893) Partners are deemed to be agents of each other and, therefore, have the authority to take unilateral decisions which will bind the fi rm, save in cases of fraud or other illegality. Joint liability Liability may continue post retirement An agreement may discharge a retiree from liabilities Liability and Holding Out (Tower Cabinet Co Ld v Ingram [1949] 2 KB 397) Anyone who represents or allows himself to be represented as a partner of a firm will be held liable where the firm’s creditors seek payment. Liability of New and Retired Partners (Bilborough v Holmes (1877) 5 Ch D 255; Rolfe v Flower (1865-67) LR 1 PC 27) Partners’ liability begins upon admission to the firm and ceases upon demission under ordinary circumstances. An agreement may discharge him from any liabilities.A former partner may still be liable for any breaches even after he has left where no such agreement is made. Relations of Partners to One Another (In re Barber (1869-70) L. R. 5 Ch. App. 687) The terms of a partnership agreement may only be varied by the consent of all partners. Partnership Property (Davis v Davis [1894] 1 Ch 393) Partnership property is property that is utilised for the purposes of the partnership. Title to partnership assets may be in the names of all the partners, as in a co-ownership arrangement, or in the names of some partners or one partner. Rights and Duties among Partners (Tann v Herrington [2009] EWHC 445 (Ch)) 26. a) share equally in benefits and liabilities; (b) indemnify every partner for payments made and personal liabilities incurred by him in the ordinary and proper conduct of the business of the firm; or (ii) in or about anything necessarily done for the preservation of the business or property of the firm; (g) no person may be introduced as a partner without the consent of all existing partners; (h)†¦no change may be made in the nature of the partnership business without the consent of all existing partners; Any liability to a third party is recoverable against the partners jointly and severally. 7 MGMT3046 Company Law: Course Wrap Up November 2012Tann v Herrington â₠¬â€œ duty of care, duty to act in good faith, skill Where this is disproved and some element of culpability is also proved, the individual partner only may be held liable. Expulsion of a Partner (In Re A Solicitors’ Arbitration [1962] 1 All ER 772) The concept of majority rule is ordinarily alien to partnerships, especially where expulsion of a partner is the issue. How does expulsion work? All partners must have unanimously agreed at the creation of the partnership to expel the offending partner. Expulsion does not hold where there are only two partners; the partnership will be automatically dissolved should one leave. This power of expulsion is one that must be exercised bona fide and in the general interests of the partnership.Dissolution of Partnerships Ordinarily, a partnership is automatically dissolved: at the expiration of any fixed term, the completion of an undertaking which was the reason for the creation of the partnership, or the death or bankruptcy of a partner. An application may be made to the court for a decree of dissolution in the case of: insanity, incapacity, or misconduct of a partner; where the business is running at a loss; or where it is just and equitable for the partnership to be dissolved. Problems associated with dissolution Division and distribution of the firm’s assets and liability; Continuation of partnership: Pathirana v Pathirana General vs technical dissolution: Green v Harnum 8