Organisational behaviour Essay Example | Topics and Well Written Essays - 2250 words

Hierarchical conduct - Essay Example Correspondingly, and again by breaking down notable people, we find that their administration capacities and qualities are not bound to just the rich and well known, however apply similarly to the diligently squeezed CEO attempting to pivot a bombing fabricating plant, or a devoted teacher endeavoring to revive quadratic conditions while battling with one more proclamation on educational program change. However, by seriously investigating the subject most would concur that authority could be viewed as a lot of aptitudes or maybe the training or utilization of a lot of abilities. A few heads will neglect to utilize this arrangement of aptitudes to best impact, some will be normal as far as abilities use and others will set a guide to the rest in a showcase of amazing power and incomparable capacity. What does this last chief have that the others haven’t? Are there segments to this type of administration that can be disassembled and investigated? Surely, would leadership be able to be characterized, expounded on and learned? The quest for a ‘definable’ authority is currently an industry. Books are expounded on it; there are establishments that have practical experience in it; there are classes, addresses and even college seminars regarding the matter. Hardly any of the notable chiefs within recent memory have even idea about getting guidance regarding the matter, n ot to mention going to a course. So why all the promotion? The appropriate response obviously is that powerful hierarchical authority is basic part of a very much run business and compelling initiative can be viewed as an individual’s capacity to propel the shared objectives of a gathering or association or organization thus moves the gathering endlessly from the norm toward a future condition wanted by the proprietors or investors or society. The gathering could as effectively be a family claimed corner shop, a global partnership, a military regiment or a school. By understanding its authoritative conduct elements, there is a more noteworthy potential for that gathering to meet and beat serious and monetary

Come in-Ahhh Merciii Essay Example for Free

Come in-Ahhh Merciii Essay Scene V, Blanche: Come in-Ahhh Merciii Discuss this concentrate comparable to the remainder of the content focusing on structure, structure and utilization of language. The consummation area of scene five of Tennessee Williamss play A Streetcar Named Desire has incited a lot of disarray and discussion with respect to the authors thought processes concerning the depiction of Blanche. One way of thinking on the issue is that, regardless of the way that Williams generally put together the character of Blanche with respect to himself his essential point in the play is to rebuff her for her inability to show compassion towards her gay spouse Allan. Williams was obviously a gay himself, living in a generally homophobic reality where gayness was not a discussed subject. He regularly brought the issue up in his different works, for example, Cat on a Hot Tin Roof where the characters Brick and Skipper and both depicted as potential gay people. Whitens absence of sympathy and empathy are featured by and by in this concentrate when she thoroughly neglects to consider the sentiments of a subsequent youngster, and rather utilizes him to experience her dreams of want for her late spouse. During the trade among Blanche and the youngster she is depicted as alluring and prevailing I need to kiss you clarifying that she is the one starting the circumstance, this is an emotional complexity to her typical persona around other men, for example, Mitch and Stanley where she describes herself as both blameless and unadulterated. This concentrate is one of the spots where her hallucination begins to slip and her past activities are alluded to the crowd. Whitens response to you youthful keeps an eye on notice of cherry soft drink you make my mouth water has a solid explicitly reference, a cherry being an analogy for virginity, which most likely just Blanche knows about. This shows she is essentially messing around with the youngster utilizing him for her own pleasure. In the following scene Blanche treats Mitch in a fundamentally the same as way, in the wake of finding that he doesn't communicate in French she says Voulez-vous lounge chairs avec mo ice soir? which means might you want to lay down with me tonight? which is the call of a French whore. The absence of thought that Blanche appears towards the two men and the manner in which she gives off an impression of being utilizing them both (The youngster for a rush and Mitch for security) insights not just towards the way that in the past she has looked for solutions for her dejection with outsiders yet in addition bolsters the similitude introduced later in the play of Blanche being a tarantula catching her casualties in a snare of fantasies Yes a major creepy crawly! That is the place I brought my casualties. Another case of how Williams is utilizing this scene to censure Blanches can be found by taking a gander at the activities of the youngster. During the scene he talks apprehensively and makes visit looks towards the entryway depicting his desire to get away from structure Blanches and making it clear that he is awkward with the circumstance. Well Id should be-. While portraying the youngster Blanche over and again utilizes the word youthful and furthermore calls him sheep, this upholds his childhood to the crowd as well as the way that Blanche knows about how much more youthful than her he is. The last and maybe most damming bit of proof towards Blanche is her response towards Mitch toward the finish of the scene, where, having quite recently kissed a little youngster she welcomes the man she is wanting to wed with great enthusiasm, returning to her old deception of virtue. This shows her as heartless and manipulative towards the two gatherings, in the she assumes the move of two totally various individuals to get what she needs. It additionally presents an indication that Blanche is lying about her sexual history. Whitens activities in this concentrate could likewise be viewed for instance of conscious brutality, to the extent that she is happy to exploit a confounded and hesitant youngster only for her own pleasure. Blanche has of centers been liable of intentional brutality in her past when she discussed her repugnance towards Allan I know. I saw. You appall me. prompting his self destruction. Intentional savagery is something that Blanche states that she disdains and has Never been blameworthy off making her crease rather tricky. Some may contend in reality that Williams is in actuality utilizing this concentrate to evoke the crowds feel sorry for towards Blanche rather than their judgment. All through the play reference has been as often as possible made to Blanches declining mental state, for example, when Stanley removes the letters composed by Allan from her and she gets crazy. Williams delicately helps the crowd to remember this from multiple points of view all through the concentrate. For a beginning, concerning the lighter Blanche utilizes the word Temperamental, which is an extremely strange portrayal and presumably expected to ponder her psychological state. During the later piece of the scene the assembly is joined by the Blue Piano, a repetitive indication of Blanches blame, hopelessness and mental declination. It highlights at numerous focuses in the play, normally during times of anguish for Blanche, for example, when she is thinking back about the loss of Bell Reve to Stella. Whitens disintegrating mental state isn't helped by her liquor addiction, another of Williamss character attributes that highlight all through his plays, for example, with Brick in Cat on a hot tin Roof. In spite of the fact that Blanche isnt really savoring this concentrate the crowd realizes that she has flushed before in the scene a shot never does a coke any damage and are indicated how drink can cause individuals to do things be the activities of the plastered Negro lady not long before the youngster shows up. The negro lady chortling madly, influencing shakily comes around the bend. Williams may likewise have been attempting to cause the crowd to identify with Blanches distrustfulness about her appearance and distress to feel youthful once more. Prior is the scene the crowd sees Blanche glancing in the mirror she is later to crush, indicating accentuating her delicacy about her looks. She additionally conversed with Stella about her blurring appearance I Im blurring now. The crowd has additionally been conscious of Blanches disdain of light I cannot stand a bare light and her need to hear positive comments about her appearance I was looking for a commendation Stanley. Another factor that must be considered is that beforehand in the scene Stanley has started to tear down the dreams Blanche weaves to ensure herself be implying that he thinks about her past activities (Again indicating that Blanche is lying about her past) Shaw is under the feeling that he met you in Loral leaving her uncovered and in a condition of hysteric stun appeared by her regular stops in sentences and trembling her hand shakes so it nearly slips structure the glass. Maybe the most probable clarification for this why this scene appears to show Blanche is two conflicting lights anyway is that Williams is intentionally leaving it uncertain, permitting the crowd to settle on their own emotions towards Blanche, and that the genuine reason for this scene is to prefigure the disclosures about Blanches past, especially her relationship with the multi year old kid that lost her employment.

The Coach Essay Example for Free

The Coach Essay As a gathering mentors are regularly reprimanded for their overemphasis on winning and their excessively genuine mentality toward the class understanding. Most examinations, in any case, bring up that by and large Little League mentors get included for the love of the game and for the love of their taking part kid. Mentors that indignantly yell analysis from the sidelines are not acknowledged or enjoyed as are loose, strong, and educated mentors who underscore the improvement and learning of new abilities. Mentors that grow close and individual associations with the youngster and her/his folks are the well on the way to add to a positive learning experience. Mentors are as a matter of first importance good examples and educators. Great training isn't tied in with delivering winning groups; its about asking each prior day practice or a game: Is what were intending to do today to the greatest advantage of the children? The best exercise a mentor can instruct is that playing reasonably makes everybody a champ, and that: Developing Coaching Philosophy An easygoing spectator of any youth baseball match-up site will see the inordinate earnestness and strain displayed by mentors uninvolved. Mentors and spectating guardians get associated with their childrens game. Some neglect to understand the pernicious impacts of their vocal fights with respect to game official choices or objection to their childs execution. A few soccer groups that I know about have on record a suitable class theory proclamation. These announcements underline learning, reasonable play, fun, equivalent chance, and so forth over winning. Incidentally, similar groups utilize prepared officials and linesmen, for instance, to direct a game between two groups included nine-year-old players. Players are frequently doled out to positions in which they are generally gainful or least dangerous. What's more, mentors, guardians and players show inordinate festival when an objective is scored (in any event, when the objective came about because of an ungainly goalie mistake) or when a match is dominated. Excessively formal game control, early specialization, and inordinate festivals appear to be contrary with a kid focused alliance reasoning. Should the association experience serve best just the most gifted and promising people to the detriment of the less talented? A common class truth of winning first, kid second, appears to beat similar alliances delightfully created way of thinking proclamation. The pressure related with instructing a losing group comes from the misshaped see that triumphant equivalents great training and loosing rises to poor training. The kid that is permitted to play an assortment of positions will learn and advance independently of her or his groups winning or loosing record. In the soccer group that I joined as right hand mentor throughout the Fall of 1999, the lead trainer knew which the two best groups on the association were a little while before the opening shot. Who gets the kudos for instructing these children? Four of the children on our nine-year-old young men group never played the game. How are they going to learn and improve on the off chance that we won't permit them to commit errors? Adhering to a kid focused strategy can get exceptionally precarious and include extreme choices. A Coaching Philosophy Some mentors get killed by the word theory. They can't perceive how any one way of thinking can affect their day by day issues and work. Ones educating or training reasoning, be that as it may, is really an extremely functional issue. A similarity to ones way of thinking might be compared to a couple of glasses that channel reality through ones individual encounters, assessments, qualities and convictions. It has, along these lines an immediate impact on how we see and comprehend our general surroundings, what moves we make, and why we decide to carry on in the manners we do. Truth be told, each mentor, regardless of whether mindful of it or not, is following sure standards or his way of thinking while at the same time instructing. It might appear to be sensible to expect that the way of thinking that coordinates the coachs regular daily existence thinking and activities would be likewise applied by her/him to instructing. However, this regularly appears not to be the situation. For instance, most mentors would concur that a less gifted youngster with practically zero self-assurance needs exceptional consideration and time venture. However, who are the children that generally get the most consideration, the most playing time, the most commendation? All things considered, let’s expect, for instance, that a representative found that the firm he is haggling with was exploitative. He chooses to do his business with another gathering in spite of the way that he may wind up paying more for basically a similar item. This may not seem like great business, yet numerous a specialist I conversed with communicated readiness to adhere to their standards regardless of whether it implied higher costs. What number of mentors do you realize that would adhere to standards of sportsmanship or reasonable play instead of dominate a match? Clearly, we can promptly observe a hole between what a mentor may believe is the correct activity in consistently life circumstances, and the activities he/she winds up taking on the playing field. Building up an Alternative Coaching Philosophy Dr. Rainer Martens, a widely acclaimed sport analyst and distributer, clarifies that the improvement of a useful training reasoning includes two significant undertakings: †¢ become your very own understudy emotions and what your identity is? †¢ organize and depict your instructing goals †¢ Developing Self-Awareness Children are extraordinary imitators. In this way, you are bound to shape them into your own picture than into what you would really like them to turn into. The mentor is an extremely incredible good example. This is the reason it is significant that the mentor be straightforward as he/she assesses her/himself and connect with here/his own emotions. The mentor needs to find whether he truly loves who he/she is. A snappy emotional mindfulness test is ask oneself When I was a youngster, would I have gotten a kick out of the chance to have my present self as a parent? As a mentor? In the event that the appropriate response is indeed, disclose to yourself why you figure the manner in which you do. Would could it be that makes you a decent parent, educator, mentor? In the event that you understand that you don't care for everything about yourself, dont alarm, nobodys great. The key factor isn't for each mentor to be an ideal person. It is significant, in any case, that the mentor be straightforward with her/himself, and ready to find a way to improve. Dr. Martens recommends that one such initial step is structure an open entryway approach and request input from the children, right hand mentors and the guardians. This, as per Dr. Martens implies that the mentor needs to figure out how to listento be mindful to both obvious and secret correspondence designs. Great listening aptitudes guarantee two way interchanges and in this manner decline the sifting impact that regularly mutilates the genuine message conveyed by the other party. Prioritization and Delineation of Coaching Objectives It is an undeniable reality that kids are their folks and countries most valuable resource. It might appear to be normal to accept, in this manner, that most of grown-ups have good intentions for the children. However, how frequently do we wish something for our youngster, and afterward step back and set aside the effort to see if this is what the kid truly needs? As a rule, grown-ups feel they know better, and in this way, avoid youngsters from the dynamic procedure. Youth sport, tragically, is a prime case of this wonder. In 1987 the Athletic Footwear Association in America supported an investigation of 10,000 understudies ages 10-18 with respect to their emotions about game. The understudies responded to questions, for example, why they take an interest, why they quit, and what transforms they would make so as to get included again in a game they dropped. The most significant finding of the examination was that triumphant, which is the most broadcasted and sought after objective of sports never positioned higher than seventh even among the most serious competitors. To have a fabulous time and to improve my abilities were reliably the initial two decisions why the understudies decided to play sports. When inquired as to why they dropped from sports three of the initial five reasons were I was not having a great time, mentor was a poor instructor, and an excessive amount of weight. What number of mentors you know would have anticipated this result? (Rainer, 1987, 3-14) Dr. Martha E. Ewing and Dr. Vern Seefeld of the Youth Sports Institute of Michigan State University who led the examination, and Dr. Steven J. Danish, executive of the Department of Psychology at Virginia Commonwealth University who included mental and formative translations proposed the accompanying certainties about kids and game: Fun is critical; if its dreadful, youngsters wont play a game (Rainer, 1987, 3-14). Expertise advancement is a vital part of fun; it is a higher priority than winning even among the best competitors. The most remunerating difficulties of sports are those that lead to self-information. Characteristic prizes (self-information that becomes out of self-rivalry) are more significant in making lifetime competitors than are extraneous prizes (triumph or consideration from others). The American Youth and Sports Participation study creators proposed the accompanying tips for mentors and guardians who are happy to build up an elective instructing reasoning: For Coaches Become a communicator (an audience and a provider of input). Perceive the requirements of your children and parity your necessities with theirs. Create point of view: recollect what you resembled at their age and what you could do at that point; dont judge the children by what you can do now. Recollect the facts and plan exercises in light of them. Search out workshops and instructive projects that show sports-related aptitudes as well as correspondence and relational abilities that will assist you with working with guardians and benefit from your children. Attempt to work with guardians and make them part of the group as opposed to survey them as pundits to be kept away from. Mentor Development Education, as academic hypothesis so insightfully calls attention to, is a two-way process, which implies that the two sides of the procedure have a chance to impact one another. Ther

The True Villains of Casablanca - Literature Essay Samples

Rick is far from the most detestable character in Casablanca. While he demonstrates some qualities and actions that could lead to the assumption that he is loathsome, he is not to be confused with his cowardly counterparts. His tireless charade at the beginning of Casablanca may give the wrong impression, as he appears cynical and aloof, detached not just from other people but from the traumatising events happening around him. This quickly changes as the film progresses and his strong moral compass shines through in his good deeds, proving he is a sentimentalist at heart. This is not the case for some of the other characters as their weak, unscrupulous ways become apparent, making Rick seem almost angelic in comparison. Rick’s actions toward the poor Bulgarian couple are telling. When he sees them desperate to escape the uncertainty permeating Casablanca, he is reluctant at first to assist them. His idealistic side soon wins out and he allows the husband to win roulette, savi ng him from the city’s fearful grasp. A horrible person would surely not have rolled over as quickly and easily as Rick did and this act disproved his earlier statement that he â€Å"(stuck his) neck out for nobody†. Also, in the flashback to Paris we see his gentle, loving side as he and Ilsa fall for each other in a flurry of romance. The man in Paris had kind, sparkling eyes and was relaxed and happy; the flashback shows he has the capacity to love and be loved. And of course at the conclusion of the film he commits a selfless and noble act, putting his feelings for Ilsa aside and helping Laszlo escape to continue his heroic fight for freedom. Louis is perhaps the most complex character in Casablanca and constantly blurs the lines between good and evil. His expedient ways make it clear he is not a man of high moral standing; however, little clues in the film and his part in the final scene show there is more to Louis than meets the eye. His actions make it clear fro m the start that he is observant and inquisitive, as his eyes miss nothing and he leans in to hear Rick’s opinions. The way he sits back in his chair almost casually and gives a limp salute to fellow Vichy France soldiers displays his flippancy and deceiving insouciance in the goings on. He happily follows the prevailing wind and arrests Ugarte on order, but clearly sees this as an opportunity to impress and raise his status amongst the officers. He shuts down Rick’s Cafà © under the pretence that gambling was no longer allowed but happily collected his winnings on the way out. So it can certainly be said Louis is self centred and indulgent in his every urge. On the flipside Rick clearly sees the good in this character from the beginning, and when he didn’t join in to the German national anthem, a pivotal point in the film, it became clear that Louis was not fully committed to the Nazis. His closing act of assisting Rick in his plight to help Laszlo escape des pite the ramifications on Louis himself is evidence that can be just as admirable as he can be corrupt. Overall his noble actions overcome his selfish misdemeanours. Ilsa may not be an obviously detestable character but perhaps her fence-sitting and frustrating complacency make her even more unlikeable than Louis and Rick combined. She may do the right thing in Paris when she leaves to reunite with Laszlo, who was clearly more in need of assistance than Rick, but in Casablanca she is nothing more than an inconvenience to all involved. â€Å"You must think for the both of us,† she cries to Rick as they ponder the fate of the two of them and Laszlo, displaying a lack of decisiveness and inability to form a coherent thought herself. She is prepared to leave her heroic husband alone and without support so she can satisfy her own selfish desires, but even this she refuses to decide for sure, allowing the men in her life to mould her in any way they want. To an extent she is also cold and detached throughout Casablanca with her aloof expressions and haughty posture, and she is clearly supercilious. Ilsa’s arrogance, helplessness and emotional instability make her a most unpleasant character.While Louis and Ilsa are inferior to Rick, a clear antagonist in the film comes in the form of a pathetic, sweaty Italian shyster. Our instant impression of Ugarte is that he is shady and corrupt, his outfit a bit too groomed and his hair a bit too oily. He has distinct â€Å"parasitic† qualities as he rips off civilians for letters of transit, and he is responsible for the murder of â€Å"two German couriers†. These vile actions are not helped in any way by the way he simpers around, sniffing out the weak and disgusting Rick in every way possible. His smile dances smugly around the corners of his mouth, a metaphor for the way in which he questions Rick – navigating around his real question in a most deceitful manner. Ugarte is very easy to â⠂¬Å"despise† and is perhaps the only character in Casablanca without a single redeeming quality.Ultimately, the fitful tension in Casablanca brought out the worst in all involved, and the fact that Rick maintained his good heart set him above the supporting cast. Whether they showed a weakness in character or were corrupted by the war, the â€Å"crazy world† around them broke them down into a despicable mess making Ilsa, Louis and Ugarte far more contemptible than Rick.

La Casa De Mi Padre - 845 Words

The movie â€Å"La Casa de mi Padre† takes place in Mexico and represents family values and the cost of drug rivalries. In this movie the main character (Armando Alvarez) is a â€Å"ranchero† on his fathers land and the idiot of the family. Armando lives with his father in the house of his father, as enforced in the title, and although not heavily educated and lacks the qualities of a successful man as consistently pointed of by his father finds greater purpose when his brother comes back to town. The film begins by helping the viewer identify all the main characters in the movie and there place in the film. The issues faced in the film are created when Armando s brother (Raul) and beloved and favorite son to Pedro returns to his father s ranch as a successful businessman. This is the first consequential action that begin to dictate the direction of this movie. As Raul returns he brings with him his lover and hopefully soon to be wife. Pedro quickly gives his blessing t o his son and begins planning the wedding. Accompany Rauls return to the family ranch Armando reaches the conclusion that the business that his brother has gotten himself into is the drug business. Appalled by the the idea of his brother getting involved in such evil and threatening the family name Armado addresses to Raul to confirm the accusation. Armando is enraged by his brothers stupidity and utter disregard for the pride of his family. He directs his hate and blame for his brothers poor decisions on his newShow MoreRelatedIglesia Casa De Dios Para Las Naciones, Inc.710 Words   |  3 PagesIGLESIA CASA DE DIOS PARA LAS NACIONES, INC. I. INDICE DE CONTENIDOS I. SOBRE ESTE MANUAL †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. II. CARTA A LOS VOLUNTARIOS LA VISIÓN III. LA MISIÓN IV. VALORES CREENCIAS V. VALORES FUNDAMENTALES VI. DOCTRINA VII. PRà CTICAS DEL MINISTERIO IX. SEGURIDAD Y PROTECCIÓN X. PÓLIZA Y PROCEDIMIENTOS XI. MINISTERIOS XII. FORMULARIOS Y PERMISOS IGLESIA CASA DE DIOS PARA LAS NACIONES, INC. I. SOBRE ESTE MANUAL El propà ³sito de està © es para proveerRead MorePecado de omision por Ana MarÃÆ' ­a Matute717 Words   |  3 Pages El cuento â€Å"Pecado de omisià ³n† fue escrito por Ana Marà ­a Matute como parte del movimiento de realismo social espaà ±ol. Fue incluido en el libro Historias de la Artà ¡mila, el cual fue publicado en mil novecientos sesenta y uno. Este cuento tiene dos tipos de tema. Su tema significativo trata de la injusticia de la situacià ³n de Lope y su tratamiento por don Emeterio; su tema axiomà ¡tico trata de las relaciones familiares y el tratamiento de los pobres y de los huà ©rfanos. 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INTRODUCCION En este ensayo se tendrà ¡ en cuenta la obra literaria serpiente con plumas del escritor Leonardo Rengifo. Para hacer una explicacià ³n de la misma y en la cual darà © mi opinià ³n sobre esta. Para desarrollar fue necesaria leer la obra serpiente con pumas. DE QUE TRATA CADA CAPITULO DE LA OBRA 1RA PARTE ELRead MoreThe Life1586 Words   |  7 Pageshelp you, complete their comments by choosing the correct word or words. 1. De nià ±o, Pepe tenà ­a _____ estupenda,  ¿verdad? a. pizza c. una coleccià ³n de monedas b. quinceaà ±era d. servilleta 2. Toni y Luisito pasaban mucho tiempo jugando con _____. a. el tren elà ©ctrico c. el triciclo b. el oso de peluche d. la cuerda 3. Sà ­, y tambià ©n jugaban con _____. a. el patio de recreo c. la hamburguesa b. los abuelos d. los bloques 4. Tà º siempre jugabas con _____Read MoreLa Llorona Essay1361 Words   |  6 PagesLa llorona Existen varias versiones de la leyenda de la llorona, tantas que quizà ¡ sea imposible contarlas todas. 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Maquiavelo nace el 3 de mayo de 1469, en medio del Renacimiento italiano, en la Repà ºblica de Florencia, hogar de muchos otros personajes histà ³ricosRead MoreIdioma Klingon10038 Words   |  41 PagesBien. Como expresià ³n de satisfaccià ³n. majQa Muy bien. pItlh Està ¡ hecho, està ¡ realizado, he finalizado. Qo No, me niego. wejpuH Encantador. Se usa irà ³nicamente. tlhIngan Hol Dajatlha Habla usted klingon? nuqDaq oH puchpae Dà ³nde està ¡ el baà ±o? Espero que no necesiten usar esta frase, porque para cuando logren hacerse entender, serà ¡ demasiado tarde para que les den una respuesta... bIjatlhe yImev Callate! Qapla Éxito! Como habrà ¡n visto, el uso de mayà ºsculas no es elRead MoreEssay De La Llorona1732 Words   |  7 PagesInez Frias Profesor Calleros Spanish 129 12/3/17 La Llorona Existen varias versiones de la leyenda de La Llorona, tantas que quizà ¡ sea imposible contarlas todas. Esta historia se considera no un mito, sino una leyenda. Tiene un origen basado en una persona real, pero se ha convertido en leyenda a travà ©s de los anos. Esta leyenda es una faceta importante de la cultura latina porque ha sobrevivido por cinco siglos, se a incorporado en cultura moderna, y es muy posible que se siga contando en los anosRead MoreAnn Frank Life in Hiding3184 Words   |  13 Pagesof her life from 1942 to 1944, when her family were hiding in Amsterdam from German Nazis. Cartas mundialmente famoso diario de Ana Frank, de dos aà ±os de su vida desde 1942 a 1944, cuando su familia se ocultaban en Amsterdam a partir de los nazis alemanes. The diary begins just before the family retreated into their Secret Annexe. El diario comienza justo antes de que la familia se retirà ³ a su anexo secreto. Anne Frank recorded mostly her hopes, frustrations, clashes with her p arents, and observation

Just Whatever - 1974 Words

A P European History Test Prep DBQ Free Response Questions For DBQ’s Always: 1. Provide an appropriate, explicitly stated thesis that directly addresses all parts of the question and does NOT simply restate the question. 2. Discuss a majority of the documents individually and specifically. 3. Demonstrate understanding of the basic meaning of a majority of the documents. 4. Support the thesis with appropriate interpretations of a majority of the documents. 5. Analyze point of view or bias in at least three documents. 6. Analyze the documents by explicitly grouping them in at least three appropriate ways. 2000 DBQ: Using specific examples from the documents below, analyze the purposes that rituals and festivals served in traditional†¦show more content†¦B. Louis XIV declared his goal was â€Å"one king, one law, one faith.† Analyze the methods the king used to achieve this objective and discuss the extent to which he was successful. C. Explain how advances in learning and technology influence fifteenth- and sixteenth- century European exploration and trade. D. Analyze three reasons for the end of Soviet domination over Eastern Europe. E. Analyze three examples of the relationship between Romanticism and nationalism before 1850. F. How and to what extent did Enlightenment ideas about religion and society shape the policies of the French Revolution in the period 1789 to 1799? 2004 DBQ: Analyze attitudes toward and responses to â€Å"the poor† in Europe between approximately 1450 and 1700. Free Response A. Compare and contrast the extent to which the French Revolution (1789-1799) and the Russian Revolution (1917-1924) changed the status of women. B. Analyze the ways in which technology and mass culture contributed to the success of dictators in the 1920’s and 1930’s. C. Analyze the factors working for and against European unity from 1945 to 2001. D. Analyze the influence of humanism on the visual arts in the Italian Renaissance. Use at least THREE specific works to support your analysis. E. Assess the impact of the Scientific Revolution on religion and philosophy in the period 1550 to 1750. F. Contrast the impact of nationalism in Germany and the Austrian Empire from 1848 to 1914. 2005 DBQ:Show MoreRelatedEssay on The State of Nature is a State of War1498 Words   |  6 Pagescomes from the sovereign’s ability to enact war against other nations is Just and Unjust War Theory. The sovereign makes a moral decision in regards to war at two opportunity points. Michael Walzer states that war is always judged, first with reference to the reasons states have for fighting, secondly with reference to the means they adopt. The first judgment is Jus ad Bellum, the justice of war, is a particular war just or unjust. 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Corporate Governance & Ethics Whistleblower Policy

Question: Discuss about theCorporate Governance Ethics for Whistleblower Policy. Answer: Introduction: In this report we are discussing Australian Shareholders Association (ASA) their main mission and vision. We are also discussing why all Australian companies have report to ASA. In the next part of the report we are explaining the meaning whistle blower and their characteristics. We are also discussing Example of both good and bad outcomes in real time cases. ASAs and its Main Mission and Dream Australian Shareholders Association (ASA) is an autonomous, funded by members not-for-profitassociation. It has grown-up as a main autonomous body on behalf of retail investors (Australian Shareholders' Association, 2016). The main mission and dream of ASA is to Standing up for the stakeholders .After being set up in 1960 ASA protects and advance the interests of investors and give a powerful communal voice to its shareholders. ASA do this by advancing the interests of retailshareholderswith administration, business, and markets . ASA monitors the corporations and its goal is to advance their financial presentation and corporate supremacy. Corporate governance is effectively raised by ASA in Australian companies. And it continues for betterment in clearness and answerability. On Yearly bases ASA monitors the presentation of main 200 Australian listed entities. The aim behind company monitoring is to absolutely influence results for its retail shareholders. The main aim of ASA is to treat all the stakeholders evenly and advocates for alteration where it is needed. ASA assist its members to get better their asset information and monetary literacy with free member meetings, conversation groups and cost-effective teaching across Australia and it includes local area among them. By giving independent research, governance data and its well-priced education programs ASA assists its members to expand their sensible skills to get better their investing information (Australian Shareholders' Association, 2016). The main vision of ASA is to improve corporate governance engaging shareholders and improve investment knowledge for investors. A whistler blower can be a member of staff or an ex-employee of a corporation who have proof of deceitfulness and immoral behavior in the organization that is not in the best interests of the public. They generally disclose classified information in their place of work to others, which violates the rule or even endangers the wellbeing of the workers (Dugger .A, 2016). The main characteristics of whistleblower is that he absolutely have faith that bad behavior occurred, he believes that the bad behavior is serious and unpleasant, and he works in the organization about which he makes the report. Frequently, whistleblowers are also careful evidence keepers. The essential feature of a whistleblower is that the individual may fear reprisal from his boss. Still if any individual is reporting misconduct in other corporation, he suffers for the reporting by facing complexity in getting prospect service in the industry (Meredith Melnick, (2016). We can take many examples when whistleblowers are retrenched or punished for their brave attitude because they disclose the matter in community interest. In the present case, Benjamin Koh claim that doctors are pressurized to alter the medical information, patients' records are deleted and claims late it is a division of their plan to stay away from policy pay-outs. Koh misplaced from his position for breaking CBAs IT policy connecting to taking customer records at house. At this phase it comes into view that his proceedings have been vindicated given that CBA Ian Narev has apologize for what happened.CBA does not have a entirely negative data when it comes to whistleblowers. Chanticleer can reveal that the allegations against two employees from the CBA's IT division for corporate bribery resulted from the actions of a whistleblower. The person still works at the bank but he would favor to stay nameless. The person is examining credit card records when unusual payments were found. It led to examine his bank financial records (Boyd.T, 2016). A committee is set up by the government and it recommends to the administration to enlarge the definition of a whistleblower and it comprise corporation former workers, monetary services providers, accountants and auditors, unpaid personnel and industry partners. Committee recommends the administration to get bigger its range of information secluded by the whistleblower protections. And to cover any misconduct that ASIC may examine and give that ASIC cannot be required to produce a file enlightening a whistleblower's individuality unless an order is passed by the court. It is also told by them that business whistleblower structure is efficient so that unidentified disclosure are secluded and the obligation that a whistleblower must be acting in high-quality confidence in reveling the data is detached. The revelation is based on a truthful faith, on rational basis. The committee also suggested it is a criminal offence to intimidate to take retaliation towards the whistleblower (Australian securities and investment commission, 2016). Conclusion In this report we have discussed (ASA), and its main mission and vision. We are Definining whistle blower and their characteristics .Example of both good and bad outcomes of real time cases. References Australian Shareholders' Association, (2016), ASA, Accessed on 8th September 2016 from https://www.australianshareholders.com.au/ Australian Shareholders' Association, (2016), our strategy, accessed on 8th September 2016 from https://www.australianshareholders.com.au/our-strategy Australian Shareholders' Association, (2016), Membership benefits, accessed on 8th September 2016 from https://www.australianshareholders.com.au/membership-benefits Meredith Melnick, (2016), What Motivates A Whistleblower? Accessed on 8th September 2016 from https://www.huffingtonpost.in/entry/psychology-whistleblower_n_5889630 Dugger .A (2016), what is the Whistleblower Act? - Definition, Rights Protection accessed on 8th September 2016 from https://study.com/academy/lesson/what-is-the-whistleblower-act-definition-rights-protection.html Boyd.T, (2016), ASIC backs project aimed at encouraging corporate whistleblowers, accessed on 8th September 2016 from https://www.afr.com/brand/chanticleer/asic-backs-project-aimed-at-encouraging-corporate-whistleblowers-20160414-go6jhv Parliament of Australia, Department of Parliamentary Services, (2005), Whistle blowing in Australia transparency, accountability but above all, the truth, accessed on 8th September 2016 from https://www.aph.gov.au/binaries/library/pubs/rn/2004-05/05rn31.pdf Australian securities and investment commission (2016), Guidance for whistleblowers, accessed on 8th September 2016 from https://asic.gov.au/about-asic/asic-investigations-and-enforcement/whistleblowing/guidance-for-whistleblowers/#AmIawhistleblower

Piercing the Corporate Veil England and Wales

Introduction The main reason for forming a corporation is to protect owners from liabilities and debts of their ventures. This guarantees the continuity of the corporation. However, we have noted cases whereby courts have reached a point of considering a separate business enterprise as a way of gaining unfair advantages over creditors and other claimants.Advertising We will write a custom essay sample on Piercing the Corporate Veil: England and Wales specifically for you for only $16.05 $11/page Learn More Moreover, it is clear that courts apply various standards for various types of business entities. Therefore, such variations in decision-making can affect the future decisions of courts when piercing the veils of other entities, which can have significant ramifications for the owners. This paper looks at circumstances under which courts can decide to pierce the corporate veil using cases from England and Wales. It also reviews both past and recent tren ds and how they may affect future decisions of courts. Piercing the Corporate veil Shareholders of business corporations and limited liability entities design their organisations to protect themselves from creditors. Individual investors take risks by making investments in new or existing businesses. The public favours creations of new entities because of job creation. In addition, they also act as sources of taxes for the government. Corporations and limited liability companies are responsible for business developments as they protect their owners from failure resulting from business activities. Thus, if the new corporation fails, it is responsible for all debts it incurred as a new venture. However, corporations protect shareholders from such claims. Thus, the business owner has no obligation to pay such debts unless there are personal guarantees of the owner against debts. Therefore, in case of lawsuits, business entities face risks of losing their assets. However, the corporate veil protects assets of the owner. Thus, we can say that not many entrepreneurs would risk their personal wealth without a corporate shield.Advertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More We have to note that the lawsuit may only remain as a form of threat to the business only if the owner treats that business as a distinct and separate entity from himself. In most cases, the court may establish that the corporation has no real assets to pay for its debts. In this case, the creditor may seek to convince the court that a corporate shield should not apply in the case. Instead, the creditor will strive to recover the debts from personal assets of the owner. This practice of collecting debt is piercing the corporate veil in order to get the court’s decision regarding the owner’s obligations for the creditor in debts incurred. Shareholder Protection and Piercing the Corporate Veil Courts have often delivered some controversial rulings about piercing the corporate veil. The landmark case of Salomon v A Salomon Co Ltd of 1897 is one of such court rulings. The recent case that has influenced the idea of piercing the corporate veil is the case of VTB Capital Plc v Nutritek International Corp (VTB Capital) of 2011. There is also the case of Antonio Gramsci Shipping Corp v Stepanovs (Gramsci) of 2011. These cases have created new interests regarding the scope of piercing the corporate veil (Pugh, 2012). In the case of Gramsci, the Court ruled that it was appropriate to pierce the corporate veil of Stepanovs so that Gramsci could enforce terms of the agreement under the contract. The Court based its decision on the fact that the owners established the company to perpetuate fraud by abusing structure and personality of the company. The UK has effective Corporate Governance Codes (the Code). It works based on â€Å"comply or explain† principle. This gives it flexibility of adoption among corporations of the UK. The Code has gained popularity due to its effectiveness in promoting corporate governance in the UK. According to the Code, â€Å"corporate governance is the system by which board of directors direct and control companies† (Financial Reporting Council, 2012). The main reason for corporate governance is to promote effective growth of business through prudent management, which bring the long-term success of the corporation. As a result, the Code ensures that corporations exist to serve interests of shareholders and the public.Advertising We will write a custom essay sample on Piercing the Corporate Veil: England and Wales specifically for you for only $16.05 $11/page Learn More However, the Code can only controls regulatory practices of corporations, but it cannot control their internal affairs such as acquisitions of assets or credit facilities. Thus, corporations are liable for their own d ebts. In some cases, there are exceptions regarding directors or shareholders obligations to creditors (Rogowski, 1999). Thus, creditors may seek personal assets of directors and shareholders. Given such conditions, courts may pierce the corporate veil of the corporation and hold shareholders liable for debts. Shareholders have enjoyed limited personal liabilities. This implies that such directors and shareholders are not liable for creditors (Gower Davies, 2003). Occasionally, shareholders or directors may fail to uphold financial integrity and effective corporate governance requirements. In these cases, directors or shareholders risk becoming personally liable for corporation debts. This is because creditors or the court may establish that there is no difference between the shareholder and the corporation. Theories of piercing the corporate veil The principle of piercing the corporate veil differs from one country to another. It also creates confusion in the corporate law because of the idea of limited liability. The views among corporate law scholars point to interpretations of limited liability and corporation activities when handling the corporate veil issue. Two theories exist to explain the idea of piercing the corporate veil. They also explain why courts can lift the corporate veil. First, there is the alter ego or self-theory. This theory looks at â€Å"if there is a distinctive nature of the boundaries between the corporation and its shareholders† (Forji, 2007). Second, instrumentality theory focuses on the use of a company by â€Å"its owners in ways that benefit the owner and not the corporation† (Forji, 2007). Thus, on any given case, the court shall decide which theory applies in a particular case. However, courts have not been effective in piercing the corporate veil and may only do it to achieve equitable results for both parties.Advertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Situations under which the court lift the veil of corporation Occasionally, courts may ignore the provision of limited liability and pierce the corporate veil. This applies when the court perceives that shareholders may not be different from the company. In this case, the court disregards the provision of corporations as a separate entity. Instead, it treats the two as a single entity (Payne, 1997). In English and Wales company laws, the courts insist on establishing a distinction between the business and its owners. Thus, Anglo-Saxon courts reflect on several issues before piercing the corporate veil. These may include some irregularities in the companies, in the partnership, groups, and subsidiaries. The company may be a sham, facade, or a creation of another company with intentions of facilitating evasion of fiduciary requirements. In this case, they automatically disregard the separate personality of the company in question (Bainbridge, 2001). Fraud English and Wales courts have pierced the corporate veil in cases involving fraud. In this case, a shareholder of a corporation establishes the corporation for evasion legal or fiduciary obligations. This is when the intention to create a corporation is to deny the creditors’ pre-established legal rights and refute claims. The famous case is that of Re Edelsten ex parte Donnelly. In this case, the court did not ascertain fraud of the owner of the company, who failed to take the responsibility regarding his creditors basing his decision on limited liability. This means that the court could not rule out fraud as the establishment of the business was not out of sham (Farrar, 1990). Shareholder created the company in order to protect any property acquired after bankruptcy from ending with the one of bankrupt trustees. Creditors incur unjust costs Sometimes, creditors may incur unfair costs or losses and the court may decide to pierce the veil. Unfairness may cause courts to pierce the corporate veil. The cou rt may argue that it would result to justice and fairness for the creditor. Lack of a clear separation between the entity and the owner Some business owners have failed to establish a distinction between their personal lives and their entities. In this case, the plaintiff may request the court to declare the business as a sham entity, which does not exist. Therefore, owners take personal operation of the business and are liable for debts incurred. Agency Some companies operate as corporate groups. Thus, the parent company may not be clear. Scholars argue that the parent company may conceal its identity under the agency name. The courts have argued that companies do not exist to serve the purpose of being agents for their owners. Instead, they are separate entities. The case that explains the role of agency in piercing the corporate veil is Barrow v CSR Ltd (Forji, 2007). However, it is difficult to establish that the company operates as agent to its shareholders. Thus, courts may re fuse to pierce the veil in that case. This was the case of The Electric Light and Power Supply Corporation Limited v Cormack where the court did not pierce the veil (Forji, 2007). Corporate groups The courts also do not hesitate to pierce the veil in corporate partnerships. A good example to illustrate this instance is the case of Bluecorp Pty Ltd v ANZ Executors and Trustee Co Ltd (supra). The court declared, â€Å"Inter-relationship of the corporate structure and the degree of their participation in shared enterprise with benefits reaped from steps initiated and plans executed† (Forji, 2007). Sham The court may consider a sham or a facade when lifting the corporate veil. In this case, the real plans behind the establishment of the entity are vague and may not be real. Briefly, it is something that makes false appearance, disguise, and or serves to conceal the real purpose behind its existence. The case of Sharrment Pty Ltd v Official Trustee in Bankruptcy served to explain a sham (Forji, 2007). Fraud and sham go together. Courts have maintained that an argument for a sham also depends on an argument for a fraud. This is because shareholders cannot perpetuate fraud using a legal and an existing entity. Consequences of Piercing the Corporate Veil If courts pierce the corporate veil, then the business owner become personally liable for the entity’s debts. Thus, the owner loses rights to limited liability. Instead, the creditors turn to the shareholders personal properties, homes, other investments, and bank accounts to clear their business debts. The recent arguments in the case of Gramsci and VTB Capital highlight how the judges give diverse views about piercing the corporate veil of an entity. Judges argues for or against their decisions regarding rulings of whether or not they ought to have pierced the corporate veil. Several corporate scholars review the case with increased interest to understand whether the courts have established cases of in justice and impropriety in the case. A closer look at the VTB Capital Inc. v. Nutritek International Corp The Court of England allowed for an appeal in the case of VTB, which has raised several questions regarding the legality of piercing or lifting the corporate veil. This case shall provide an opportunity for the Court to explain circumstances under which a Court can pierce the veil. It shall also demonstrate the Court’s position regarding the shareholders or directors of the company with reference to facility agreements. We have to recognise that there is no definite rule on how the case can go as the decision entirely rests with the Court. In all, this case shall set a new precedent on the doctrine of piercing the corporate veil. The impact of VTB case shall extend beyond England and Wales to other countries under the Commonwealth influence. Facts about VTB case This case comes from the failure of Russagroprom LLC (RAP) of to repay its loan to Capital (VTB). RAP acquired a loan facility in order to facilitate an acquisition of some dairy companies for Nutritek International Corporation (Nutritek). Nutritek is the defendant in this case. VTB is an English company operating as a subsidiary of the Russian Bank, JSC VTB Bank of Moscow. VTB granted a facility to RAP through a ‘Facility Agreement’ terms. They also executed many interest rate swaps (ISA). RAP is a Russian company. However, when RAP failed to service the facility, VTB saw it appropriate to sue the loan beneficiary, Nutritek. Nutritek is a Virgin Island company of England. VTB also sued two foreign affiliates of Nutritek. In addition, the list also included a Russian (Malofeev) VTB claimed as the owner and controller of the companies. VTB argued that Malofeev was the main beneficiary of the facility, owner and controller of Nutritek, its foreign affiliates, and RAP (Kain, 2012). The company first made its claims under tort. It claimed that Nutritek and other defendants were liab le for deceit or fraud and conspiracy. VTB claimed that Nutritek and its associates engaged in two acts of fraudulent activities that facilitated its entry into the facility arrangement and ISA. First, VTB claimed that Nutritek and its associates misrepresented that RAP was an independent entity with its own arm of control. Second, VTB also claimed that Nutritek and its associates misrepresented the actual value of the company to its auditors, Ernst Young Valuation Company, which conducted valuation for VTB Moscow. VTB acquired an ex parte order that allowed it serve Nutritek and its associate ex juris in 2011. Ex parte order also had a â€Å"worldwide freezing of Malofeev’s assets of US $200 million† (Kain, 2012). Nutritek’s reaction aimed at setting the orders aside. As a result, VTB realised it was appropriate to amend its claims. In this new claim, VTB claimed that Nutritek and its associates acted jointly on several occasions with RAP to disregard the Faci lity Agreement and ISA arrangements. VTB argued that, under these new claims, the Court would pierce the corporate veil of RAP. VTB based its main argument rested on the fact that the â€Å"Facility Agreement contained forum-selection and choice-of-law clauses in favour of England† (Kain, 2012). VTB claimed that the Court could consider all defendants as responsible parties to the facility under the Facility Agreement. In this case, the Court could apply â€Å"the English forum-selection clause, or base the case on the English CPR Practice Direction, which permitted service ex juris in relation to contractual claims† (Kain, 2012). Discussion of the case Judge Arnold dismissed VTB’s claims in November 2011. On the other hand, he granted the Nutritek’s motion of the service ex juris order. This also extended to the worldwide freezing of Malofeev’s assets. The judge claimed that VTB had not established whether England was the appropriate location to t ry the case. Judge Arnold maintained that even if the Court pierced the corporate veil of RAP, it could not guarantee that the legal consequences would mean that the Court could enforce the Facility Agreement and ISA against Nutritek and associates. Further, the Court reaffirmed Arnold’s ruling on June 20, 2012 at the English Court of Appeal. Lloyd argued that there was no such principle as piercing the corporate veil. However, the Judge had only one provision for VTB. It argued that the Court could look into the case based on the company’s corporate sham or facade. In this case, the Judge argued that the case of was only valid under â€Å"special circumstances, which indicate that it was a mere faà §ade concealing the true facts† (Kain, 2012). The Judge asserted that: â€Å"†¦ In cases in which that is done, the authorities show that it will or may lead to the granting of remedies against the company which, veil piercing apart, might appear in principle to be available only against those controlling it; and, equally, against the controllers when they might appear in principle to be available only against the company†Ã¢â‚¬ ¦.. (VTB Capital plc v Nutritek International Corp and others [2012] EWCA Civ 808). Lloyd also maintained that the Court had the competency and the capacity to pierce the corporate veil in case there was no other means to ensure that the company and its controllers take responsibility for their wrongdoing. Lloyd also established the following arguments from the case. First, Lloyd noted that ownership and controls of entities alone do not guarantee piercing the corporate veil. Second, the court cannot simply pierce the veil in â€Å"the interest of justice even if there is no third party in the case† (Kain, 2012). Third, the Court can â€Å"only pierce the veil on grounds of impropriety† (Kain, 2012). Fourth, there must be a connection between the use of the company’s structures in order to evade or conceal liability and the impropriety. He also notes that the company’s engagement in impropriety alone does guarantee piercing its corporate veil. Fifth, the Court argued that it was necessary to establish both an act of impropriety, control, and ownership of the entity by the offender. In this case, the offender uses the corporate to conceal the real facts with the intention of concealing impropriety. Finally, the Court also recognised that an entity could also be a sham from its inception, even if the ownership did not intend to use it for deception. Therefore, the Court agreed that it could pierce the corporate veil based on the relevant offense of fraudulent or dishonest activities involving misuse of the corporate identity in order to conceal the facts behind the corporation identity. The failed VTB’s Claims From these observations, the Court established that VTB had a case against Nutritek and its associates, and that it was proper to pierce the corp orate veil of RAP. In this sense, the issue was whether it was possible for the Court to pierce the corporate veil of RAP in order to render the defendants (Nutritek and its associates) liable for the Facility Agreement and ISA. However, VTB’s claims did not succeed on the following ground, at least, from Lloyd’s argument. According to Lloyd, after reviewing the English law, they established that they could not support the idea of granting equitable relief against the corporation or its owners beyond this. In other words, the Court could not hold the owner as an actual party to the contract. Given this view, the Court rejected claims of undisclosed principals as agents of the contract. According to the Court, VTB assumed that, under the English law, the Court could hold a party responsible to a contract because of controls or ownership. However, the Court established that none of the parties had any idea about the contract. The Court also noted that to accede to VTBâ⠂¬â„¢s claims would amount to making intrusions into the principle of law that respects contractual agreements between parties, and any other party interested in the contract. In this light, the Court noted that the case of VTB did not fall under this category and that a stranger to the contract was not liable to the contract. The Court also did not recognise the puppet entity and the controlling puppeteer. However, it was important to identify the puppet company and its owners to justify the grant of a judicial remedy when it was convenient and necessary to do so. Still, the Court could not go to the extent of treating the puppeteer and the puppet entity as the other parties because they were distinct entities. The Court noted that fulfilling this claim amounted to ignoring Salomon principles. In this context, the Court could not assume that the puppeteer and the puppet entity were party to the contract. In short, Lloyd noted that it was not proper to use the common law as VTB had suggested. In other words, the court did not recognise VTB’s claims of piercing the corporate veil of RAP in this case. Any such decision would indicate that the Court surpassed the current principle of the common law. Further, it would mean that the Court brought new parties to the contract. The Court expressed that such claims could not apply in this case because it was not the right one for such common laws. The Court viewed this case as a commercial deceit that English law could handle under tort. This implied that VTB could only make claims against defendants under tort principles for deceits and wrongful acts. Therefore, the Court claimed that there were â€Å"no policy reasons for giving the case an artificial remedy in a situation, which VTB did not need† (Kain, 2012). According to the Court, VBT merely invoked claims to support it cases because it â€Å"assumed that the English courts could assume jurisdiction in its claims† (Kain, 2012). Possible contr ibutions of the case with regard to piercing the corporate veil This case has created debates regarding the legal principle of piercing the corporate veil. Consequently, it will have significant influence among the Commonwealth states. Courts and commercial lawyers must also review their approaches with reference to this case and principle of piercing the corporate veil. This case raises some issues of fundamental interests. First, the Court established that VBT’s claims had no factual, legal, or principle basis under English common law in which the Court could lift the corporate shield of RAP. According to this ruling, the Court cannot make a controller of another entity a party to a contract of another company. In this sense, the Court observed â€Å"the principle of a separate legal entity and the law of privity of a contract† (Kain, 2012). Scholars may argue that this decision can limit England’s attraction for foreign cases involving corporate disputes. How ever, the English Court has clarified significant matters about piercing the corporate veil. This implies that the Court cannot just rule to satisfy the claims of another party. It must observe principles of common laws. Any ruling in favour of piercing the corporate veil of RAP could have created new controversies regarding the principle of corporate law. Second, if the Court could have affirmed VBT’s claims, then it would have raised issues regarding the remedies available to VBT and the position of the company’s controller with reference to separate and distinct party to the contract. Affirming these claims of VBT would mean disregarding the principle limited liability for corporation directors. Thus, the Court avoided contradict the principle of separate legal personality in the benchmark ruling of Saloman v A Saloman Co Ltd [1897] AC 22. Third, we must also note that VBT wanted the Court of England to pierce the corporate veil of a foreign company. The Court of A ppeal did not refer to RAP as a foreign company. The issue arises whether it is appropriate for the Court of England to a pierce a veil of a foreign company and the possible consequences of doing so. On the other hand, we must also note that VBT is a Virgin Island company. Thus, the Court acted under English law. However, it did not confirm the position of RAP as a foreign entity. We must also recognise careful analysis of the English law by the Court. This analysis helps commercial entities and lawyers understand circumstances under which the Court can pierce the corporate veil. Thus, it helps clear discrepancies in past rulings. For instance, in the case of Gramsci, the Court had to pierce the corporate veil. As a result, the puppeteer or the controlling mind had to bear responsibilities of the contract. In contrast to VTB case, questions arise whether the Court made a wrong judgment on the case of Gramsci. In other words, the Court did not obey the principle of separate legal ent ity of the owners. In addition, the Court’s ruling highlighted that it could only pierce the corporate veil based on the principle of equitable remedies. In this manner, the puppeteer must not evade its contractual liabilities. However, the Court could not take such action on a non-contractual puppet or puppeteer. However, this case is not over just yet. VTB applied for an appeal to the Supreme Court. This implies that new decisions on piercing the corporate veil of a corporation and its controlling minds shall emerge. Conclusion This matter raises some controversies regarding the relevancy, applicability, and effectiveness of the principle of piercing the corporate veil. In this case, the Courts should declare their positions regarding the principle of piercing the corporate veil. This is because Judge Arnold declared that there is no such principle as piercing the corporate veil. From the above examples, it is clear that the act of piercing the corporate veil is not clear. It is also controversial and will persist to be so for many years coming. The case of VTB shows that piercing a corporate veil exists only in theories. For instance, the Court noted that it was only valid under a â€Å"special circumstance, which indicates that it was a mere faà §ade concealing the true facts† (Kain, 2012). With reference to the above terms, English law does not recognise the principle of piercing the corporate veil. In addition, the use of terms like â€Å"a mere faà §ade concealing the true facts† makes VTB’s claims under piercing the corporate veil difficult. Conversely, English Courts are willing to preserve well-established and long-standing principles of common laws like the rule of corporate personality. This is exactly how the Court ruled on the case of VTB. It recognised the claim that Nutritek and its associates were independent party to the contract. Thus, were not part of the agreement consequently, had no liability over the claims . Nevertheless, we have to recognise that there are no provisions on how courts should rule on cases about piercing the corporate veil. Still, rulings may also vary from various jurisdictions. For instance, the outcome of the case could have been different in Russia where RAP has its origin. Therefore, we have to look at how courts appreciate different cases involving piercing the corporate. We can see the contradicting decisions on Gramsci and VTB cases and the merits under each case. The ruling could have different if there were direct issues like fraud, sham or facade, unfairness, corporate groups, and agency. Most courts pierce the veil based on these issues. However, the Court established that the case of VBT was a deceit with a perfect remedy under tort laws. Thus, it ignored the inappropriate conducts of the controlling mind behind the deceit. These rulings make the concept of piercing the corporate veil uncertain and not reliable for creditors. The concept is also undergoing inevitable changes. Thus, the issue persists whether Courts can go beyond injustice and impropriety. Still, we have also recognised that the English Court can only pierce the veil to grant equity to parties in dispute. This ruling also demonstrates that Courts still focus on fraud as the key requirement for piercing the veil. Reference List Bainbridge, S 2001, ‘Abolishing Veil Piercing’, J. Corp Journal of Corporate Law, vol. 26, p. 479. Farrar, J 1990, ‘Fraud, Fairness and Piercing the Corporate Veil’, Canadian Business Law Journal, vol. 16, p. 474. Financial Reporting Council 2012, Annual Reports. Web. Forji, A 2007, The Veil Doctrine in Company Law. Web. Gower Davies 2003, Principles of Modern Company Law, 7th edn, Sweet and Maxwell, London. Kain, B 2012, UK Supreme Court to Pierce the Issue of the Corporate Veil: VTB Capital Inc. v. Nutritek International Corp. Web. Payne, J 1997, ‘Lifting the Corporate Veil: A Reassessment of the Fraud Exceptio n’, Cambridge Law Journal, vol. 1997, p. 56. Pugh, C 2012, ‘United Kingdom: Piercing The Corporate Veil – Recent Developments, Mondaq Corporate Company Law, vol. 2012 , pp. 1-4. Rogowski, G 1999, Company Law in Modern Europe, Dartmouth Publication, Sudbury, MA. This essay on Piercing the Corporate Veil: England and Wales was written and submitted by user Stephanie N. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Rising Through Lifes Destruction essays

Rising Through Life's Destruction essays In this world many things that used to be knew and wonderful lose their beauty and rot into old pieces of garbage. In the poem Miss Rosie by Lucille Clifton the woman once was beautiful and knew but as time progressed she turned into a body of useless woman. All people in life have problems with finding the person that they want to become. Miss Rosie is not only useless but she is "surrounded by the smell/ of too old potato peels." The potato peels in her life represent the fact that her life has become nothing and she has just sat there and done nothing to try and help it. By the potato peels surrounding her she is unable to escape the scent of what her life has become because the garbage is so powerful it overcomes Miss Rosie. She is wrapped up like garbage and has a lot to offer the world but instead of showing people the good side to the rose she is still and does nothing about it and only shows people the outer part of herself. Although Miss Rosie's life is mainly surrounded by trash she does find the inner strength to show herself that she needs to fix what her life has become or she will end up being surrounded by bad things the rest of her life. Miss Rosie's father is also a useless man and Miss Rosie realizes that if she doesn't do something about herself soon that she is going to turn into her father. She is the little toe that is cut out of her father's shoe but she still has hope that she can overcome the spot that she is in her life. As Miss Rosie sits she learns that in life you have to do things for yourself and can't wait around for someone to do them for her. All Miss Rosie's life someone has done everything for her and she has been able to go through life without really thinking. As she waits for next week's grocery's it dons upon her that her life has become next week's grocery's. Her life is replaceable and that whatever it was that was getting her through lif ...

Individuals and Teams Essay Example | Topics and Well Written Essays - 1750 words

Individuals and Teams - Essay Example The assembly line followed in this company will be tested during this experiment in order to find the variation of effectiveness between teams and individuals within the manufacturing process. In the Recruitment stage, the applications are invited for positions like tailors, cutting experts, tacking experts, finishing experts and finally, supervisors. There is a need for 24 tailors, 8 cutting experts, 12 tacking and quilting experts, 12 finishing experts, and 4 supervisors to oversee these four activities. In the Selection stage, there are interviews and practical tests to find which applicant is best suited for which job in the operational activities. Also, they are questioned regarding their leadership abilities so as to find four supervisors who also know enough about the job. This brings us to the final phase known as Functional Study. By working in a group, the supervisors held meetings with each other at the end of the day. This brought about better communication and synchronization of activities. Also, they got a chance to discuss any strengths and weaknesses so as to garner second and third opinions on tacking and taking advantage of the same. This led to standardization of activities along the lines of a set formula. ... Motivate each individual appropriately. Get maximum cost economy from each group. Restrict material handling quantum by dividing the amount of material to be handled among various individuals. Find ways to break monotony in repetitive activities. This brings us to the final phase known as Functional Study. By working in a group, the supervisors held meetings with each other at the end of the day. This brought about better communication and synchronization of activities. Also, they got a chance to discuss any strengths and weaknesses so as to garner second and third opinions on tacking and taking advantage of the same. This led to standardization of activities along the lines of a set formula. By implementing these rules, the following was the motion and time study at the end of the second month: Old Method New Method The number of yards workers covered per day was reduced 500 120 Average number of tons per man per day 34 68 Average earnings per man per day $2.20 $2.90 Average cost of handling a ton of 1500 lbs $0.055 $0.025 Team 2: The following is the structure of the team working at the Banff and Buchan Education Office: (Source: Aberdeen Council) The job descriptions for the various positions were well coordinated through the following features: 1. Administrative Officer Line management of Admin. Staff Manage accommodation issues within Woodhill House Annexe Monitor and manage central budgets for accommodation improvements, furniture

Romero (1989) - Religion film analysis Essay Example | Topics and Well Written Essays - 1000 words

Romero (1989) - Religion film analysis - Essay Example Archbishop Oscar Romero depicted a great hero of the liberation struggle in Latin America during a period referred to as the ‘long dark night’ which lasted from the 1960’s to the 1980’s. To this end, one of the main themes that emerge pertains to liberation theology since Archbishop Romero is depicted as the ‘voice of the oppressed in El Salvador when he reached the pinnacle of the Roman Catholic hierarchy’. Interestingly, Romero achieves the archbishop status at a time when El Salvador is embroiled in injustice and violence. The military forces of El Salvador are fighting against the Marxist guerrilla forces within the country. Incidentally, the ongoing fight against Communism is only oppressing the poor. To this end, the theme of suffering and oppression is evident in the dramatic movie. The image of Romero is of an emboldened man of God who comes out as the voice of the voiceless and oppressed in El Salvador. An example of his brevity is his stance following the assassination of a colleague by the name of Richard Jordan, the torturous murder of another priest by the name of Alejandro Bracho and the murder of a young lady who is a leader of the Christian base community in Lucia Reina. Incidentally, the film shows that Romero begins his role as bishop with the backing of the powerful and rich ruling Catholics in El Salvador such as Ana Alicia who is the wife of the Minister of Agriculture. Representation of Religion in the Film The aspect of religion is evident through the life of Archbishop Romero as he gradually evolves into liberation theologian. Evidently, the film projects the faith in religion even in the face of terror. This is evident in the scene where Archbishop Romero returns with his colleague to the church that was occupied by the military in order to recover the Eucharist. The Eucharist was a symbol of the blood and body of Christ among the Catholics in El Salvador. Furthermore, the Eucharist represented th e dignity of the El Salvadorian community. In this regard, the act of retrieval was a religious and socially significant event by Archbishop Romero. Interestingly, the potential of ultimate liberation of the EL Salvadoran populace is hinged on the capacity to redeem themselves from religiously instigated persecution by their political opponents. Moreover, religion played a pertinent role in the selection of Romero as the archbishop. In this regard, the short period in which Romero served was characterized by political unrest. To this end, those who opposed the radical right section were deemed as Marxist communists and ideal targets for execution. In this regard, the Catholic leadership were comfortable with the appointment of Romero as the archbishop. The Catholic religious leaders wanted a church leader for El Salvador who would not elicit any negative focus towards the Catholic Church. This would essentially guarantee their safety and enduring support for the government. However, following Romero’s appointment, he became more aware of his political duties pertaining to the plight of the lower class in El Salvador. To this end, he experienced increased difficulties in balancing duties of rallying support from his powerful religious colleagues and the helpless poor in society. Comparison of the film with class readings Gutierez in the ‘the task and content of liberation,’ delves into the struggle of Latinas in the liberation struggle during the 1960’s. Evidently, Gutierez focuses on the liberation process for the poor by grassroots Christian communities. In this regard, the author focuses on a theological perspective pertaining to the liberation role of the Roman Catholic Church in Latin populace. In comparison to the film

Memory Management Paper Essay Example | Topics and Well Written Essays - 500 words

Memory Management Paper - Essay Example Protection helps prevent any malicious or malfunctioning program to make any unauthorized access to memory portions and cause interference in other program’s operation causing system level errors. While protection limits access to memory, it is required that the protection scheme provides some flexibility to allow for sharing of memory space as well e.g. of read only programs. A number of cooperating processes that may be executing the same program should be able to access the same part of main memory containing the same main program instead of having individual duplicates of the same program which would waste a lot of the precious memory space. Concurrency control must be maintained in case of sharing of program data. Relocation is responsible for allocating a user process a place in memory by converting the program’s logical address to physical address. During swap in, it is necessary to relocate a process from the physical disc to main memory. Usually a program occupies the same place in memory when swapped in. However, it may happen that during a swap in, the usual memory place of a program may not be available. So, in that case, the program will have to be relocated to a new memory place and memory references would have to be translated to the actual physical address. Memory is required to be organized in a way that the programs with read only elements are stored in a separate portion within it. Secondly, memory is divided into two types depending on the speed of access; main memory and secondary memory. Main memory is volatile and allows for the programs to be accessed quickly while the secondary memory is long term storage and allows slow access for the long term stored

Argumentative Essay: Teachers Should Earn More Than Athletes :: Persuasive Essay

Why do teachers get paid so much less than sports players? A teacher mentors a child or teenager and gives them knowledge. A sports player plays a game in which they are good at and love to do. So why does a sports player live a dream life earning millions of dollars a year while a teacher is stuck living the middle class life. A teacher gives a student the gift of knowledge, teaching them day by day helping the student almost all the time. Giving the student the choice to do something great with their life. Whether or not the student decides to do something with this chance is up to them. On the other hand more sports player have little or no interaction with their fans. The most interaction some sports players have with their younger fans is through charity events, or by being paid to sign autographs. So why are sports players so much more glorified than teachers. The majority of teachers get paid a middle class salary, live a middle class life and harldy ever get looked at as major influences to kids; however, just because a sports player plays a game like no other they could be famous, a millionaire, and looked at as a hero to people across the country or even worldwide. Even when off the field that phenomenal sports player might never do a thing for their fans they are hardly ever looked at negatively for not paying attention to their fans. A teachers job is to pay attention to each and everyone of their students they deal with students day by day and year by year compared to the sports player of having a ten year at most length career. Is it fair that two people born with a gift, one has the gift to play a game like no one else and the other has a gift of teaching. Granted that some aports players can be good role models for their fans and making an adloesence believe in themselves that they can do something great in their life that they never thought possible. But a teacher can show a student that they can also do things they never thought possible. A teacher has the ability to change lives of many students. They should be given more gratitude for doing what they do and for dealing with the stereotypes and disapproval of the students lives they’re trying to change.

Ethnomethodology Essay

1. How do the authors make the case that gender is a socially created concept as opposed to an independently existing reality? â€Å"Doing gender means creating differences between girls and boys and women and men, difference that are not natural, essential, or biological,† writes Candace West and Don Zimmerman in the article. The statement implies their theory that gender equates to a difference between two sexes that is not based genitals or anything that comes naturally with being male or female. This is further emphasized by the repetition of the same concept all throughout the article. West and Zimmerman reinforce their belief of gender being a socially-created concept by citing currently existing theories and views on sex and gender plus findings from other studies that point to the fact that gender is not something that we are born with – it is something that we have to keep on â€Å"doing†. West and Zimmerman let it shine how gender is something that we need to work at by saying that, as opposed to the Western, social sciences, and role theory perspectives of gender, we can neither consider gender as something that’s ingrained in our sexual category nor view it something that we only assume depending on the situation at hand. It is a â€Å"product of social doing† and is created through our interaction with other people. 2. What did you learn about your gender behaviors? What experiences have you had that have directed you towards accomplishing gender? Through the article, I have come to know that my gender behaviors are greatly influenced by how culture â€Å"idealizes† how a man or a woman should react in given circumstances. My gender is not only judged through masculinity or femininity but also through the way I adapt to each situation handed out to me. Another thing that I learned was that in as much as my gender behaviors are influenced by cultural dictates, so is culture influenced by my gender behaviors. By conforming to what is expected of my gender, I contribute to justifying the domestic, economic, political, and interpersonal allocation of power and resources already in place. Experiences that direct me towards accomplishment of gender occur almost everyday – from simply wearing what is expected of me to saying things that is expected of someone of my own gender. 3. How could you apply these learnings in a counseling environment with clients at various developmental stages? What contributions could these ideas make to counseling? What I’ve learned from West and Zimmerman’s article can be applied in a counseling environment, especially when dealing with people like Agnes or the growing up teenagers who often get confused with their ’sexual’ and/or ‘gender’ orientation. Since a person’s biological traits do not necessarily dictate his/her gender, the ideas proposed by West and Zimmerman can be the perfect explanation as to why the confusions arise. It can also point out why society reacts the way they do with gays and lesbians – they have a pre-constructed notion of how males and females should react and are usually taken aback by anything that suggests that there are more than two sexes. The authors’ theory is the first step towards knowing how the confusion and the seemingly negative reaction can be eliminated. 4. Describe the self-regulating processes you engage in the research class? What behaviors do you observe in others that serve to maintain gender identities? In research class, we are wont to being mindful of the topics that we handle. We strive to be gender-sensitive and try, as much as possible, to conduct a research in a manner that will not be offensive for either males or females. Maintaining gender identities is something that everybody strives to do. This may be apparent in the way questioning is done in different genders. Because females are expected to be coy about topics like sexual relationships, these are not normally asked straightforward of them. Also, since society has constructed man as a natural leader, the male members of the class are more often than not appointed leader or looked upon as knowledgeable. 5. In what ways do West and Zimmerman contribute to â€Å"theory making†? Describe their theory in your own words? How is it useful? West and Zimmerman themselves outlined in their paper, â€Å"Our purpose in this article is to propose an ethnomethodologically informed, and therefore distinctively sociological, understanding of gender as a routine, methodical, and recurring accomplishment.† In saying so, they themselves admit that, with their article, they are trying to add to the already existing body of knowledge on gender. With â€Å"Doing Gender†, West and Zimmerman contribute to theory making by inferring their own findings on what gender really is. For West and Zimmerman, gender is something that one has to continuously work on. It is not a given aspect of a person nor is it something that, once learned, is already ingrained in you. In fact, the two believes that gender is a continuing process and one has to keep on working at conforming to ‘roles’ associated with his/her gender. They also believe that â€Å"doing gender† is an inevitable part of life and that to actually change how â€Å"doing gender† solidifies gender roles, overhaul of societal beliefs is needed. West and Zimmerman’s theory is, in my opinion, useful in that it can help us achieve a unified definition of gender. This, in turn, may result to a better understanding of how the concept of gender is created by the societal undercurrents. 6. Discuss what makes West and Zimmerman’s article research? Describe their methodology. Give an example of an application of this methodology in counseling or counselor education. Merriam-Webster.com defines research as a â€Å"studious inquiry or examination†¦ aimed at the discovery and interpretation of facts, revision of accepted theories or laws in the light of new facts, or practical application of such new or revised theories or laws†. â€Å"Doing Gender† approached its conclusion with the use of a method (studious inquiry). The authors had a particular aim at conducting the study (aimed at interpreting facts), and that was to come up with a more informed understanding of gender (revision of accepted theories or law). Studious inquiry, aimed at interpreting facts, revision of accepted theories or law – all these have been successfully met West and Zimmerman’s article; hence, it can actually be considered a research. West and Zimmerman approached their comprehension of gender by compiling existing point of views and studies on gender. Those that actually contradict their theory were properly explained as to why they cannot be taken for truth and those that are in support of their theory were properly explained.   This is what George Psatahs called â€Å"The organization of practical actions and practical reasoning†, a variety of ethnomethodology (â€Å"Ethnomethodology†, 2007). Said method is aimed at looking at ways people construct the meanings and interpretations of the world and everything in it. Since counseling entails knowing why a person thinks the way s/he does, ethnomethodology can be very useful in conducting it. With a deeper understanding of how people view the world, more informed answers can be delivered in a counseling session.   

Marooned Ice Breaker Party Game for Adults

If you were marooned on a deserted island, who would you want with you? This ice breaker is a great game to play when people don’t know each other, and it fosters team building in groups that already work together. Peoples choices can be very revealing about who they are. Ideal Size Up to 30. Divide larger groups. Use For Introductions in the classroom or at a meeting, and as a team-building exercise. Time Needed 30 minutes, depending on the size of the group. Materials Needed None. Instructions Give people a minute or two to think about this question: If you were marooned on a deserted island, which three people would you want with you? They can be dead, alive, or imaginary. Ask participants to introduce themselves and share their choices with the group. Start with yourself so they have an example. Example Hi, my name is Deb. If I were marooned on a deserted island, I would want Tim with me because he’s smart, strong, and fun, and I love him. He would know how to make a shelter and find food, and we’d have wonderful conversations. My second choice would be someone who tells great stories, like Garrison Keillor or Eoin Colfer. And my third would be Solomon Burke, the blues singer, so we’d have soulful music. Debriefing Debrief by asking if there were any surprises in the group and if anybody has a question for another participant. You will have listened carefully to the introductions. If somebody has chosen a person related in any way to your topic, use that person as a transition to your first lecture or activity.