Stateless societies Essay Example

Stateless societies Essay A few scholars would argue that stateless societies imply lack of proper law and order mechanism, while some other scholars would suggest that there was a particular system of maintaining law and order even in the stateless societies. In the stateless societies, one may not find the centralized law enforcing authorities that are noticeable in the modern times. Stateless societies give the impression that they are disorderly and chaotic. Although such societies lack proper order, one may not consider them as chaotic. In the stateless societies, there is no concentration of powers in the hands of a single authority. Even in societies that lack state institutions, there are mechanisms by which law and order is maintained. The members of the society can collectively decide regarding the accepted ways of behavior. There can be consensus among the different members of the society regarding the methods of maintaining particular social order. Those people who break the norms and customs of the society can be punished by the community. However, such punishments may not be unjust so that they do not overcompensate the crime committed by the person. There are no written rules regarding the kind of punishment that a particula r crime deserves. In such a society, there are also provisions for settling disputes among different members so that some sort of order is maintained. However, this is not to mean that stateless societies were ideal societies. There were several instances of norm breaking activities. In such cases, the local community were given the authority to punish the offenders. Even in the absence of centralized administrators, it was possible to maintain some sort of order and avoid chaos. The potential criminals and norm offenders were discouraged by the earlier examples of punishment given to the people who tried to threaten the peace and order in the society. Thus, the stateless societies may not be considered as chaotic although there were many instances of norm breaking activities. We will write a custom essay sample on Stateless societies specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Stateless societies specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Stateless societies specifically for you FOR ONLY $16.38 $13.9/page Hire Writer

Trust essays

Trust essays Lack of trust is a reoccurring theme through out the three cases. One might ask, why you need trust in any civil society? Lack of trust in a civil society has the society with no real stability. Trust in authority is lacking in each case. The approval rating for Bill Clinton is high. Does this mean that most Americans trust Bill Cliton? Most polls would tell that trust is a serious issue. So, what is the consequences of Americans not having trust in there president? It cant be to bad because the economy is doing great and the budget and finally balanced. Most Americans are happy so what is the problem? The lack of trust is a direct correlation with weak and/or illegitimate authority. Trust with our president has always been a sensitive issue. Richard Nixion broke that trust with the country and sealed the fate for himself and his party for a short term. No one really understood why Nixon had ordered the break in of the democratic offices in the first place. What made matters worse is Nixion never came out and admitted his mistake even when the evidence was overwhelming. Clintons case has some similarities to it. While he finally did come out and admit what he had done he showed little remorse and accusations still remain about a cover up. The lack of trust in a political position in this country tends to the norm. It is created and redefined every day in Washington with a political figure. This creates an image and a strong stereotype for all political figures. This in turn hurts all of our civil society. Without the trust then how do you have the legitimate authority to lead the country. Most would say that Clintons leadership really is not the question but his judgment is. To me, that is a contradiction and that poor judgment leads to poor leadership. His poor judgment leads to his ethics and morals that he has. People with weak family values will have a hard time tru ...

Potassium Periodic Table of the Elements Facts

Potassium Periodic Table of the Elements Facts Potassium Atomic Number: 19 Potassium Symbol: K on the Periodic Table Potassium Atomic Weight: 39.0983 Discovery: Sir Humphrey Davy 1807 (England) Electron Configuration: [Ar]4s1 Potassium Word Origin: English potash pot ashes; Latin kalium, Arabic qali: alkali. Isotopes: There are 17 isotopes of potassium. Natural potassium is composed of three isotopes, including potassium-40 (0.0118%), a radioactive isotope with a half life of 1.28 x 109 years. Potassium Properties: Potassiums melting point is 63.25Â °C, boiling point is 760Â °C, specific gravity is 0.862 (20Â °C), with a valence of 1. Potassium is one of the most reactive and electropositive of metals. The only metal that is lighter than potassium is lithium. The silvery white metal is soft (easily cut with a knife). The metal must be stored in a mineral oil, such as kerosene, as it oxidizes rapidly in air and catches fire spontaneously when exposed to water. Its decomposition in water evolves hydrogen. Potassium and its salts will color flames violet. Uses: Potash is in high demand as a fertilizer. Potassium, found in most soils, is an element that is essential for plant growth. An alloy of potassium and sodium is used as a heat transfer medium. Potassium salts have many commercial uses. Sources: Potassium is the 7th most abundant element on earth, making up 2.4% of the earths crust, by weight. Potassium is not found free in nature. Potassium was the first metal isolated by electrolysis (Davy, 1807, from caustic potash KOH). Thermal methods (reduction of potassium compounds with C, Si, Na, CaC2) are also used to produce potassium. Sylvite, langbeinite, carnallite, and polyhalite form extensive deposits in ancient lake and sea beds, from which potassium salts can be obtained. In addition to other locations, potash is mined in Germany, Utah, California, and New Mexico. Element Classification: Alkali Metal Potassium Physical Data Density (g/cc): 0.856 Appearance: soft, waxy, silvery-white metal Atomic Radius (pm): 235 Atomic Volume (cc/mol): 45.3 Covalent Radius (pm): 203 Ionic Radius: 133 (1e) Specific Heat (20Â °C J/g mol): 0.753 Fusion Heat (kJ/mol): 102.5 Evaporation Heat (kJ/mol): 2.33 Debye Temperature (Â °K): 100.00 Pauling Negativity Number: 0.82 First Ionizing Energy (kJ/mol): 418.5 Oxidation States: 1 Lattice Structure: Body-Centered Cubic Lattice Constant (Ã…): 5.230 CAS Registry Number: 7440-09-7 References Los Alamos National Laboratory (2001) Crescent Chemical Company (2001) Langes Handbook of Chemistry (1952)

Castle Bingo Essay Example | Topics and Well Written Essays - 2000 words - 2

Castle Bingo - Essay Example ----------------------------------------------13.0 Appendices----------------------------------------------------------------------------------------13.0 Castle Bingo Executive Summary The research’s finding is that there are many significant supports from each community have a concern on modernization of the active leisure of Castle Bingo and to improve the parks and open more spaces for advancements. There is a significant support for the use of council budgets to support the castle leisure services and strong and effective support for all the small increases in council tax to cater for the improved services especially for games. There seems to be general opinions for the current technology and community services about the Castle Bingo which has been an existing company based in Cardiff office for many years. The concern is on the two types of the customer that is off line based on attending clubs and on line gamers based on internet and their web sites. The findings from th e research are that Castle Bingo online web site concentrates on the information based on the club information. The current location for the main club is favored mostly especially on the by the focusing groups but their experience is expected towards the current location of the sites for the new facilities. The main concern is that the offline and online castle leisure is to focus on the effective marketing research program. Clearly, there is a feeling of the focus group members that the current contract of leisure in problem. This is perceived from the work against all the sports for all the members and the promotion including the management which is mostly concerned with the targeting group. Improving the quality of the on going centers in better location would encourage the current users on the improvement on effective marketing programs though these issues would be addressed in the management teams. Most of the people urge that the council should use its funding including the ta x from the councils to provide sports and other services in order to make the marketing research effective and efficiency. The decisions of the managers in Castle Bingo are based on the benefits of the company as a whole but not on the side of the individuals. Introduction Castle leisure researches interviewed a representative samples targeting 1000 people from the city using an agreed questionnaire. The studies were concerned with 10 locations for researcher where by the sample sizes were formulated: Sample size: this includes the sample social demographics of the data according to their ages and sex. Sample size Male and females Total 1020 15-24 Spalding 850 25-30 Long

Human cloning and stem cell research Essay Example | Topics and Well Written Essays - 500 words

Human cloning and stem cell research - Essay Example This essay examines prominent scientific and ethical elements related to human cloning and stem cell research. While the nature of human cloning and stem cell research has a number of important medical implications, these notions are always accompanied by the ethical concerns of biotechnology. In considering current usages of genetic engineering one is able to establish a more broad ranging understanding of these questions; in these regards, genetic engineering finds widespread use in agricultural procedures, as well as genetically engineered animals (‘Ethical Issues’). As scientists experiment animal engineering questions emerge regarding what constitutes human cloning, as human genes have been inserted into animal organisms (‘Ethical Issues’). Stem cells specifically are biological cells found in multicellular organisms. Research has allowed scientists to artificially grow or replicate these cells that can be used in medical therapies. Stem cell research and human cloning poses a number of widespread benefits to humanity. Indeed, it’s been indicated that this technology could potentially be implemented to aid, â€Å"debilitating diseases and disabilities, including Parkinson’s and Alzheimer’s diseases, diabetes, heart disease, liver disease, and spinal cord injury† (Lindsay, p. 228). Still, Federal funding has oftentimes been withheld from such research among arguments that such research kills an entity that is the equivalent of a person. While theology has ostensibly objects to cloning and stem cell research in terms of religious doctrine, it’s clear that even from a secular perspective the process poses a number of concerns. In these regards, if stem cell experimentation is allowed groups worry that eventually full-scale human cloning will occurs (Lindvall). Questions emerge concern the potential of human/animal chimeras. While such considerations are somewhat sensational, one also considers the moral issues

Early childhood education Essay Example for Free

Early childhood education Essay Early childhood education has for a very long time been neglected by educational planners in Australia. Early childhood education is one of the most important stages in pursuit of education given the fact that the foundation children receive in their pre-school years and in early school years goes along way in shaping their prospect careers. Early childhood education in Australia is faced with several challenges key of which include lack of a systematized curriculum covering both private and public sectors. The other challenge is lack of enough trained teachers in early childhood education which has seen the standards of early childhood education deteriorate in the recent past. Although the Ministry of Education in Australia has on several occasions initiated commissions to offer long lasting solutions to the challenges highlighted above, none of this has to date yielded into success. Failure for recommendations contained in various commissions set up by the Howard government can be attributed to lack of clear policy governing early childhood education provision in Australia. Early childhood education provision in Australia has traditionally been teacher-centered as opposed to being child-centered. It has lacked impetus in that instead of focusing on the needs of the children the kind of education provided in early stages of schooling has lacked in objectivity. There is therefore a need for a lot more emphasis on children interest from an early age so as to overcome some of the challenges witnessed in latter stages of education such as upper primary and secondary levels. If children are given enough orientation at the pre-school and early school levels such children are likely to grow up with a clear focus on areas of interest something which can help resolve the low literacy and accounting skills evident amongst high school and primary schools students. Teacher training will play a very significant role in accomplishing the goals of early childhood education. Teachers play a critical role in curriculum interpretation and unless the teachers are able to interpret curriculum effectively efforts to streamline early childhood education in Australia are likely to fail. To counter such challenges there is a need for the government to offer incentives to early childhood education teachers for instance offering free training programs or alternatively offering government sponsored training programs (MacNaughton, Williams, 1998). There lacks proper curriculum to guide early childhood education and the one in place has been in use for many decades something which clearly indicates that it could have outlived its use (Margetts, 2003). Until stakeholders in early childhood education come up with solutions as well as recommendations geared towards streamlining early childhood education to meet modern educational needs then all efforts geared towards achievement of effective early childhood education provision in Australia are likely to be unsuccessful. In conclusion, early childhood education in Australia is in deplorable state. There is a need for the government to include in its educational agenda, policies which will see more funding directed to early childhood education. The government must take initiative and implement the necessary amendments to the education act which has not served early childhood education properly. There is a need for integration of early childhood education to primary education and secondary education for purposes of achieving transition so that early childhood education is not viewed as a stand alone sector in education. References MacNaughton, G. Williams, G. (1998. 69-79) Techniques for Teaching Young Children: Choices in theory and practice, Addison Wesley Longman Australia Pty Ltd, Frenchs Forest, NSW. Margetts, K. (2003. pp. 45-65) Child care arrangements, personal, family and school influences on childrens adjustment to the first year of schooling, Proceedings of the Australian Early Childhood Association Biennial Conference, Hobart 10–13 July 2003, Australian Early Childhood Association.

Essay on Love and Gender in Twelfth Night -- Twelfth Night essays

Love and Gender in Twelfth Night      Ã‚  Ã‚  Ã‚   Shakespeare's Twelfth Night examines patterns of love and courtship through a twisting of gender roles. In Act 3, scene 1, Olivia displays the confusion created for both characters and audience as she takes on the traditionally male role of wooer in an attempt to win the disguised Viola, or Cesario. Olivia praises Cesario's beauty and then addresses him with the belief that his "scorn" (3.1.134) only reveals his hidden love. However, Olivia's mistaken interpretation of Cesario's manner is only the surface problem presented by her speech. The reality of Cesario's gender, the active role Olivia takes in pursuing him/her, and the duality of word meanings in this passage threaten to turn the traditional patriarchal concept of courtship upside down, or as Olivia says turn "night to noon" (139).      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Perhaps the biggest upset to the traditional structure is the possibility that Olivia may be in love with a woman. Shakespeare allows his audience to excuse this by having Olivia be unaware that Cesario is actually female. Yet, Olivia's attraction seems to stem exactly from the more feminine characteristics like Cesario's "beautiful scorn" and "angry lip" (136-137). Olivia's words allow an audience, particularly a modern one, to perhaps read her as suspecting or even knowing that Cesario is female, yet choosing to love him/her anyway.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Olivia's description of Cesario's beauty, both here and upon their first encounter, praises typically feminine qualities, but curiously doesn't question Cesario's gender. The comparison of love to guilt tempts the readers mind to wonder if Olivia is guilty about her love for such female attributes. Olivia's oath on maidenhood ... ...ess Ltd, 1972. 222-43. Burton, Robert. The Anatomy of Melancholy. Ed. Floyd Dell, New York: Tudor Publishing Company, 1927. David, R. W., ed. The Arden Shakespeare: Love's Labour's Lost. London: Methuen, 1951. Dusinberre, Juliet. Shakespeare and the Nature of Women. London: Macmillan Press Ltd, 1975. Erasmus, Desiderius. In Praise of Folly. Trans. Hoyt Hopewell Hudson, Princeton, New Jersey: Princeton University Press, 1970. Hotson, Leslie. Shakespeare's Motley. New York: Oxford University Press, 1952. Potter, Lois. Twelfth Night: Text & Performance. London: Macmillan, 1985. Shakespeare, William. The Norton Shakespeare. Edited Stephen Greenblatt et al. New York: W. W. Norton & Company, 1997. Zijderveld, Anton J. Reality in a Looking-Glass: Rationality through an Analysis of Traditional Folly. London: Routledge & Kegan Paul, 1982.   

History of Typography Essay

First of all, what is typography? Typography is the art of letter forms being organized into certain words or sentences. Typography came from the Greek word typos which means form and graphe which means writing. Most people would agree that a German man named Johannes Guttenberg was the one who invented typography. Before Guttenberg, everything had to be scribed by hand which was very time consuming. Guttenberg also created blackletter, the first ever typeface. Since blackletter looked very compact, a man named Nicolas Jensen invented the first ever Roman typeface during the 15th century. Since Jensen’s typeface was made of straight lines and regular curves, it was easier to be read compared to the blackletter typeface. After Roman letters, the italics typeface was created during the late 15th century by Aldus Manutius. During the 18th century, a man named William Caslon created a typeface called Old Style. A few decades later, John Baskerville created a variety of typeface which is now called Transitional. A few years later, a French man named Didot and an Italian man named Bodoni created typefaces that are classified as Modern. During the second industrial revolution, advertising needed new typefaces. Letters got taller, wider, and even weirder. Since the typefaces during the 19th century were so complex, the early 20th century brought something simple. A man named Paul Renner from Germany created a typeface called Futura which was based on simple geometric shapes. In 1957, Helvetica was introduced. Some would call this the world’s most favorite typeface. The world of typography changed with the introduction of the computer – and it will continue improving since technology is constantly improving too.

Lifting the Coporate Veil

LIFTING THE CORPORATE VEIL (i) Introduction (ii) Principles of Corporate Personality (iii)Statutory Exceptions (iv)Common Law and the Mere Facade Test (v) Agency and Groups (vi)Conclusions INTRODUCTION 1. When a creditor discovers that a debtor company is insolvent, the creditor will frequently want to recover the debt from a shareholder, director or associate of the insolvent company. There exist various statutory and common law mechanisms by which the corporate veil can be lifted and liability imposed on individuals or other companies.This lecture sets outs and discusses those mechanisms in the light of recent authorities and of the Companies Act 2006. PRINCIPLES OF CORPORATE PERSONALITY 2. One of the fundamental principles of company law is that a company has personality that is distinct from that of its shareholders. This rule was laid down by the House of Lords in Salomon v. Salomon & Co1, in which it was held that even if one individual held almost all the shares and debentures in a company, and if the remaining shares were held on trust for him, the company is not to be regarded as a mere shadow of that individual.Lord MacNaughten stated2: â€Å"The company is at law a different person altogether from the subscribers to the Memorandum and, although it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the 1 [1897] A. C. 22 2 Ibid, at p. 51 2 same hands receive the profits, the company is not in law the agent of the subscribers or the trustee for them. Nor are subscribers as members liable, in any shape or form, except to the extent and in the manner provided by theAct3. † The rule in Salomon lies at the heart of corporate personality, and is the principal difference between companies and partnerships. However, there are situations in which the courts look beyond that personality to the members or directors of the company: in doing so they are said to lift or pierce the corpor ate veil. There is no single basis on which the veil may be lifted, rather the cases fall into several loose categories, which are examined below. STATUTORY EXCEPTIONS 3.There are certain statutory exceptions to the rule in Salomon which involve a director being made liable for debts of the company because of breach of the companies or insolvency legislation. Eg: (a) Failure to obtain a trading certificate 4. Where a public company fails to obtain a trading certificate in addition to its certificate of incorporation before trading, the directors will be liable to the other parties in any transactions entered into by the company to indemnify them against any loss or damage suffered as a result of the company’s failure to comply with its obligations.This provision Companies Act 1985, s. 117(8) has been retained in the 2006 Act. See CA2006 s767(3). (b) Failure to use Company’s name 5. Section 349(4) of the CA 1985 provided that if an officer of a company or a person actin g on its behalf signs a bill of exchange, cheque or similar instrument on behalf of the company, in which the company’s name is not mentioned4, that person will be personally liable to the holder of the instrument in question for the amount of it (unless it is duly 3 i. e. Companies Act 1862 4 Thus contravening s. 349 (1)(c) of CA 1985 3 aid by the company). However, although CA2006 s. 84 imposes criminal penalties for failure to use the company name on relevant documents, there is currently no equivalent provision in the 2006 Act imposing such a personal liability. (c) Disqualified Directors 6. Under s. 15 of the Company Directors Disqualification Act 1986, if a person who has been disqualified from being a director of, or involved in the management of a company acts in contravention of his disqualification he will be liable for all those debts of the company which were incurred when he was so acting.The same applies to a person who knowingly acts on the instructions of a di squalified person or an undischarged bankrupt. (d) Just and Equitable Winding Up 7. Under s. 122(1)(g) of the Insolvency Act 1986 a petition may be presented to wind up a company on the grounds that it would be just and equitable to do so. This may involve lifting the veil of incorporation, for example to examine the basis on which the company was formed5. (e) Fraudulent Trading 8.Section 213 of the Insolvency Act 1986 deals with fraudulent trading. Under that section, if it appears to the court that â€Å"any business of the company has been carried on with intent to defraud creditors of the company or of any other person, or for any fraudulent purpose†, it may order that â€Å"any persons who were knowingly parties to the carrying on of the business in the manner above-mentioned are to be liable to make contributions (if any) to the company’s assets as the court thinks proper†. (f) Wrongful Trading 9.Section 214 of the Insolvency Act 1986 concerns wrongful tra ding, and enables the court to make a declaration, when a company has become gone into insolvent liquidation, that a former director is liable to make a contribution to the company’s assets. Such a declaration can be made where the director in question knew or ought to have concluded, 5 E. g. Ebrahimi v. Westbourne Galleries [1973] AC 360. 4 at some point before the commencement of the company’s liquidation, that there was no reasonable prospect that the company would avoid going into insolvent litigation. By s. 214(7), the provisions of s. 214 also apply to hadow directors. (g) Phoenix Companies 10. The Insolvency Act 1986 also allows the court to lift the corporate veil in cases of socalled â€Å"Phoenix Companies†, in which a new company is created with the same or a similar name to an insolvent company. S. 216 of the Act makes it an offence for anyone who was a director of the insolvent company during the 12 months before liquidation to be associated with a company with the same name as the insolvent company or a name so similar as to suggest an association6. S. 217 provides that where a person is involved in the management of a company in contravention of s. 16, or where he acts, or is willing to act, on instructions given by a person whom he knows to be in contravention of that section, he is himself jointly and severally liable with the company for all the relevant debts of that company. (h) Unfair Prejudice 11. The Courts’ powers under s. 459 of the 1985 Act (the provisions of which are duplicated in s. 994 of the 2006 Act) apply where â€Å"the company’s affairs are being or have been conducted in a manner which is unfairly prejudicial to the interests of its members generally or of some part of its members (including at least himself). The general proposition that the conduct of a parent company in control of a subsidiary can be relevant where a s. 459 petition is presented by shareholders of a subsidiary is unsurp rising7. It has also been held by the Court of Appeal8 that directors’ unfairly prejudicial conduct of a subsidiary may be actionable by shareholders of the parent under s. 459 if the parent and subsidiary have directors in common. (i) Third Party Costs Orders 6 Unless that person is given leave by the court so to act: s. 216 (3) 7 see Nicholas v Soundcraft [1993] BCLC 360 Citybranch Ltd v Rackind [2004] EWCA Civ 815 5 12. The court has jurisdiction to make a costs order against a party to the proceedings in favour of a non-party (including the directors or shareholders of a litigant company) by virtue of s. 51 Supreme Court Act 1981 and CPR 48. 2. This has recently been applied by the Court of Appeal in the case of Alan Phillips Associates Ltd v Terence Edward Dowling9. A contract was accepted by a company on headed paper almost identical to that of a business run by Mr Phillips prior to incorporation.Mr Phillips wrongly issued proceedings in his own name and the company was then substituted as Claimant. The company’s claim was dismissed and a third party costs order was made against Mr Phillips. 13. More typical circumstances for a third party costs order arose in Goodwood Recoveries Ltd v Breen10 which held that where a non-party director could be described as the â€Å"real party† seeking his own benefit and controlling and/or funding the litigation, then even where he had acted in good faith or without any impropriety justice might demand that he be liable in costs. 4. Similarly in CIBC Mellon Trust Co v Stolzenberg11 when the court held that there was no reason in principle why, if a shareholder (not being a director or other person duly authorised, appointed and legally obliged to act in the best interests of the company) funded, controlled and directed litigation by the company in order to promote or protect his own financial interest, the court should not make a costs order against him. COMMON LAW AND THE MERE FACADE TEST Engine o f Fraud 15.It has long been established that the Courts will not allow the Salomon principle to be used as an engine of fraud, or to avoid pre existing legal obligations. Probably the bestknown example of this rule is Gilford Motor Company Ltd v. Horne12, in which the Defendant had been managing director of a the Claimant company, and had entered into a 9 [2007] EWCA Civ 64 10 [2005] EWCA Civ 414 11 [2005] EWCA Civ 628 12 [1933] Ch. 935 6 covenant not to solicit customers from his employers when he ceased to be employed by them.On leaving the company’s employment, Horne formed a company to carry on a competing business, the shares in which were held by his wife and a friend, and he thereby solicited the Claimant’s customers. The Court of Appeal held that this company was a mere facade or sham to cloak his breach, and granted an injunction to enforce the covenant against both Horne and the company. 16. Similarly, in Jones v. Lipman13 the Defendant had entered into a con tract to sell property, but then sought to avoid the sale by transferring the property to a company which he controlled.Russell J held that specific performance could be ordered against the company, which he described as â€Å"the creature of the First Defendant, a device and a sham, a mask which he holds before his face in an attempt to avoid recognition by the eye of equity†14. 17. A recent example of the application of the principle is Kensington International Ltd v Congo15. The Claimant had obtained various judgments against the Republic of Congo which it sought to enforce by way of third party debt order against money payable to a company called â€Å"Sphynx† who had sold a cargo of oil.Sphynx had bought the oil from Africa Oil. Africa Oil had bought the oil from the Congolese state owned oil company (â€Å"SNPC†). Sphynx and Africa Oil were both controlled by the president and director general of SNPC. The court held that the various transactions and compa ny structures were a sham or facade and had no legal substance, and were set up with a view to defeating existing claims of creditors against the Congo. SNPC and Sphynx were simply part of the Congolese state and had no existence separate from the state.It was not necessary for there to be a divestment of assets at an undervalue to justify the court piercing the corporate veil in relation to the particular transactions. 13 [1962] 1 WLR 832 14 ibid, p. 836 15 [2005] EWHC 2684 (Comm) 7 18. It should be noted that the mere fact that there is fraudulent activity does not necessarily justify the piercing of the corporate veil. In Dadourian Group v Simms16 individuals who had fraudulently misrepresented that one of them was a mere intermediary when in fact he was a co-owner and ontroller of a contracting company was liable for deceit but the veil was not lifted so the individuals were not found liable for the company’s breach of contract to buy equipment. In this case there was no conspiracy to injure the Claimant and there had been a genuine intention that the company would buy the equipment. The now defunct â€Å"Interests of Justice Test† 19. In Creasey v. Breachwood Motors Ltd17 the facts were slightly different from those of Gilford v. Horne and Jones v. Lipman.Creasey had been the manager of a garage owned by Breachwood Welwyn Ltd (â€Å"Welwyn†), but was dismissed from his post and intended to sue for wrongful dismissal. In anticipation of his claim, and wanting to avoid having to pay him damages, the proprietors of Welwyn formed another company, named Breachwood Motors Ltd (â€Å"Motors†), and transferred the entire business of the old company to it. Creasey obtained judgment in default against Welwyn, which was then struck off of the register of companies. Creasey obtained an order substituting Motors as defendants, against which Motors appealed. Richard Southwell Q.C. , sitting as a judge of the Queen’s Bench Division, he ld that Motors could be substituted as defendants, and that the veil could be lifted because Welwyn’s assets had been deliberately transferred to Motors in full knowledge of Creasey’s claim18. Richard Southwell Q. C. specifically decided that it was right to allow the veil to be lifted as regards Motors, rather than force Creasey to apply to have Welwyn restored to the register and apply for an order that its assets be restored to it under s. 423 of the Insolvency Act 1986 (an alternative which the judge described as a â€Å"procedural minefield†). 0. In Ord & Anor v. Belhaven Pubs Ltd19 the Court of Appeal has however decided that the decision in Creasey was wrong. In Ord the defendant company had made various 16 [2006] EWHC 2973 (Ch) 17 [1992] BCC 638 18 Ibid, p. 648 B 19 [1998] BCC 607 8 misrepresentations to the claimant. By the time these came to light, the company had all but ceased trading, and had negligible assets. The claimant sought to substitute the defendant company’s holding company, and the judge at first instance followed Creasey and allowed the substitution.The Court of Appeal decided that this was incorrect, as the original company had not been a mere facade for the holding company, nor vice versa. Unlike the new company in Creasey, neither company had not been created as a sham to avoid some liability, there had been no element of asset stripping and so the veil should not be lifted. Hobhouse LJ, giving the judgment of the court, stated: â€Å"There may have been elements in that case [i. e. Creasey] of asset stripping. I do not so read the report of [Richard Southwell QC’s] judgment†¦ But it seems to me to be inescapable that the case in Creasey v.Breachwood as it appears to the court cannot be sustained. It represents a wrong adoption of the principle of piercing the corporate veil and an issue of the power granted by the rules to substitute one party for the other following death or succession. The refore in my judgment the case of Creasey v. Breachwood should no longer be treated as authoritative. †20 The Current State of the Law 21. The courts are now increasingly reluctant to lift the veil in the absence of a sham. In particular, it is clear that the veil will not be lifted simply because it would be in the interests of justice.In Adams v. Cape Industries plc21 the Court of Appeal was unequivocal on this point. Slade LJ said22: â€Å"Save in cases which turn on the wording of particular statutes or contracts, the court is not free to disregard the principle of Salomon v. Salomon & Co Ltd [1897] AC 22 merely because it considers that justice so requires. Our law, for better or worse, recognises the creation of subsidiary companies, which though in one sense the creatures of their parent companies, will nevertheless under the 20 Ibid, p. 616 B 1 [1990] Ch 433 9 general law fall to be treated as separate entities with all the rights and liabilities which would normally attach to separate legal entities. † 22. That the courts are now less willing to lift the corporate veil than was once the case is also indicated by the judgment of the House of Lords in Williams v. Natural Life Health Foods Ltd23. The defendant company was effectively run by one man, a Mr Mistlin, and had given negligent advice to the claimant regarding the profitability of a franchise.On the company being wound up the claimant joined Mr Mistlin as a defendant on the basis that he had assumed personal responsibility. The House of Lords unanimously rejected the Court of Appeal’s finding that Mr Mistlin had assumed responsibility to the Claimant, holding that in order for a director to be personally liable for negligent advice given by the company, it had to be shown both that the director had assumed personal responsibility for that advice and that the claimant had reasonably relied on that assumption of responsibility.As there had been no personal dealings between Mr M istlin and the claimant, these tests were not met, and the corporate veil should remain intact24. 23. A court will also be justified in disregarding a company’s personality so as to prevent the corporate form being used as a medium through which to lawfully carry out an activity which would otherwise be a wrongdoing. In Trustor AB v.Smallbone25 the defendant Smallbone had effected the payment of considerable sums of money from Trustor AB, a company of which he was managing director, to a company called Introcom, which he controlled. Sir Andrew Morritt V-C found that Introcom was simply a vehicle for receiving the money, and that the payments were made in breach of Smallbone’s duty to Trustor. Summary judgment was ordered against Smallbone and Introcom. 24. What then is the law following the decisions in Ord and Williams?Neither case, of course, involved findings that the relevant company had been a facade. Ord should not be 22 Ibid p. 536. 23 [1998] 2 All ER 577 24 The Court of Appeal has held that the principles identified by the House of Lords in Williams are equally applicable to torts other than negligence, although this decision has been criticised: see Standard Chartered Bank v. Pakistan National Shipping Corp. (No 2) [2000] 1 Lloyd’s Rep 218 25 [2001] 1 WLR 1177 10 thought to prevent the veil being lifted in cases where there is a sham or facade.Subsequent authorities, as well as the House of Lords decisions prior to Ord26, show that the law is still that the courts will be willing to lift the veil in cases where there is a sham and that principle is still at the heart of the test to be applied. AGENCY AND GROUPS 25. Although Salomon made it clear that a company is not automatically the agent of its shareholders, in exceptional cases such a relationship can exist, and it will be a question of fact whether there is a relationship of agency in any particular case, so that it is appropriate to pierce the veil.Questions of agency most o ften arise in the context of associated or group companies, and so the two areas are here considered together. Statute 26. Companies Act 1985 ss. 227-231 (and CA 2006 s. 399 et seq) provide that groups of companies must prepare group accounts, which must comprise consolidated balance sheets and profit and loss accounts for the parent company and its subsidiary undertakings.The aim of the accounts is to give a true and fair picture of the state of the undertakings included in the consolidation as a whole, which are treated for the purposes of the accounts as an economic unit. The process naturally requires that the corporate veil be lifted in order to identify which companies form the group. The courts are also sometimes willing to treat a group of companies as a unit for other purposes, and have tended to justify the decision to pierce the veil by analogy with the legislation, or by finding that one group company was the agent of another.Case Law 27. The development of the courtsâ⠂¬â„¢ attitude to agency in a company context has tended not to produce clear rules, perhaps until recently, and so the historical case law is summarised below. The principles leading to a finding of agency were considered by Atkinson J in 26 E. g. Woolfson v. Strathclyde Regional Council [1978] SLT 159, in which Lord Keith of Kinkel stated that it was appropriate to lift the veil â€Å"only where the special circumstances exist indicating that [the company] is a mere facade concealing the true facts†. 1 Smith, Stone & Knight Ltd v. Birmingham Corporation27, in the context of whether a subsidiary company was the agent of its holding company. That was a case where agency was established and the veil lifted – the parent company had full and exclusive access to the subsidiary’s books, the subsidiary had no employees other than a manager, it occupied the parent’s premises for no consideration and the only evidence of its purportedly independent existence was its name on the stationery.Atkinson J said that the question of whether a company was carrying on its own business or its parent’s was a question of fact, and identified six questions which he considered determinative: (i) Were the profits of the subsidiary those of the parent company? (ii) Were the persons conducting the business of the subsidiary appointed by the parent company? (iii) Was the parent company the â€Å"head and brains† of the venture? (iv) Did the parent company govern the venture? v) Were the profits made by the subsidiary company made by the skill and direction of the parent company? (vi) Was the parent company in effective and constant control of the subsidiary? These questions, while still relevant, can no longer be viewed as a complete statement of the law. As will be discussed below, the trend of the authorities has been away from findings of agency unless particular circumstances dictate that such a finding should be made. 28. It is relevant to consider the purpose for which the relevant company structure was created. In Re F. G. Films) Ltd28 an American holding company set up a British subsidiary to produce a film, in order that it might be classified as a British film. The Board of Trade refused to register it as such, and the matter came to court. It was held that the British company’s participation in the making of the film was so small as to be practically negligible, and that it had been brought into existence for the sole purpose of being put forward as having made the film, and for thus enabling it to qualify as a British film, and that therefore there was a relationship of agency. 2 29. In Littlewoods Mail Order Stores Ltd v. McGregor29 Lord Denning warned that the Salomon doctrine had to be carefully watched, and said that Parliament had shown the way as regards the scrutiny of groups of companies, and that the courts should follow suit. 30. An influential case in this area was DHN Food Distributors Ltd v. Tower Hamlets London Borough Council30, which concerned compulsory purchase: one company in the group owned the freehold of premises, from which another group company traded and which it occupied as bare licensee.The Court of Appeal stressed the significance of the existence of a â€Å"single economic unit† and recognised the group as a single entity, allowing it to recover compensation, but the exact reasons behind the decision are unclear, as the members of the court were each apparently influenced by different factors. Lord Denning MR noted that the subsidiaries were wholly owned, Shaw LJ pointed out that the companies had common directors, shareholdings and interests, and Goff LJ referred to ownership and the fact that the companies had no business operations outside the group.Goff LJ also stated that not all groups would be treated in this way, and there have been cases since DHN Food Distributors in which wholly owned subsidiaries have not been identified as a unit wit h their holding companies31. 31. To further confuse the position, DHN Food Distributors was not followed by the House of Lords in the Scottish appeal of Woolfson v. Strathclyde Regional Council32, and also runs counter to many decisions of courts in Australia and New Zealand. In Industrial Equity Ltd v.Blackburn33 the High Court of Australia said that the group accounts legislation did not operate to deny the separate legal personality of the company. In Re Securitibank Ltd (No. 2)34 the New Zealand Court of Appeal considered the decision in Littlewoods Mail Order Stores and thought that the approach in that case was the wrong way around– the court considered that the Salomon principal should be the starting point 13 for any examination of a group of companies, and any departure from it should be considered carefully.In the New South Wales case of Pioneer Concrete Services v. Yelnah Pty Ltd35 Young J considered the authorities and held that the veil should only be lifted wher e there was in law or in fact a partnership between the companies, or where there was a sham or facade36. 32. The English position was again considered by the Court of Appeal in Adams v. Cape Industries plc37, in which the Claimants with default judgments obtained in Texas against a company sought to enforce those judgments against an its ultimate holding company in the United Kingdom.The Court of Appeal held that although a parent company exercised supervision and control over its subsidiary in a foreign country, the parent company was not present in that country, and did not submit to that jurisdiction, by a subsidiary which did business in its own right. In the passage quoted above, Slade LJ stated that the Salomon principle will not be disregarded simply because justice so requires, and that subsidiary companies should be considered as individuals unless special circumstances dictated otherwise.Members of a corporate group were perfectly entitled to use the corporate structure e ven if the consequence was that only lowly capitalised subsidiaries were exposed to potentially harmful asbestos claims. 33. It is suggested, therefore, that the present position is that the courts are likely to be unwilling to lift the veil as against groups of companies in the absence of some agreement of agency, and that Littlewoods Mail Order Stores and DHN Food Distributors cannot any longer be considered authoritative. CONCLUSIONS â€Å"Genuine Ultimate Purpose†- An alternative test? 4. Some shams or facades may be obvious, but many others will not. The courts are reluctant to provide precise guidelines so as to define what constitutes a sham preferring the flexibility of a case by case approach. Useful tests to be employed when trying to identify a sham are: * Are the relevant entities in common ownership? * Are the relevant entities in common control? * Was the company structure was put in place before or after a particular liability (or serious risk) arose, and if th e latter then to what extent was he liability or risk a motivating factor for those who set up the structure? * Was the company structure put in place in an attempt to allow an activity which would be unlawful if carried out personally? 35. It has been suggested by some commentators38 that a â€Å"genuine ultimate purpose† test should replace the traditional established sham or facade test. However, this novel approach may throw up as many problems as the traditional test.Further, it seems to strike at the heart of the concept of the limited liability company since a primary (and often sole) purpose of incorporation is to reduce personal exposure to trade creditors, a motive that has been held to be acceptable since the concept of the limited company first became part of the legislative framework. Parliament, when passing the Companies Act 2006, had ample opportunity to conduct a wholesale revision of this principle but deliberately left the topic well alone. There currently appears to be little judicial enthusiasm for such revision either. DOV OHRENSTEIN RADCLIFFE CHAMBERS LINCOLN’S INN

Can employers determine your social class by looking at your resume

Can employers determine your social class by looking at your resume This is a strange question, and one you may not have ever asked yourself when submitting a resume to prospective employers. Sure, you assume employers will size you up based on experience and college education. However, recent research has come out that suggests there is an additional factor that comes into play when employers are navigating through resumes: social class. You might ask how employers can find out about something that isn’t explicitly mentioned on a resume. Lauren Rivera, Professor at the Kellogg School of Management and contributor to Harvard Business Review, set out to answer this exact question. She analyzed  the country’s top law firms and came to a hypothesis: Everything else being held equal, people from elite backgrounds are more likely to get interviews than their less privileged counterparts. Every year, thousands of students apply for internships at these law firms. Their resumes are virtually equal. They have a good GPAs, great experience, an d are on law review. Who gets the interview? That’s where Lauren’s research gets interesting.Despite the fact that we would like to think people earn opportunities based on their own merit and hard work, it appears this isn’t always the case. Based on prior research in the December  2016 issue of American Sociology Review, Lauren found that hiring in top professional services is indeed skewed towards higher class candidates. She conducted a field experiment using the resume audit method, which involves assigning different criteria to resumes and sending them out to employers to see the probability of the candidate being called back for an interview.The question you may be asking is a good one: how do you identify social class on a resume? The answer is via extracurricular activities. Here is a breakdown of Lauren’s resume items that she used in this field test:Can you identify which student is from a wealthier social class? Obviously, sailing, polo, and classical music are indicators of someone who has enjoyed a more privileged upbringing, whereas someone who is on track and field is less likely to be of that background. The important thing to note here is that all educational and work-related components are virtually the same. The candidates are equally qualified.This is where the results get interesting.  Lauren found that employers highly favored higher-class men compared to the 3 other groups (higher-class women, lower-class women, lower-class men). Why did this happen? To explore the issue further, Lauren and her team conducted a follow-up experiment where they interviewed 210 additional attorneys from around the country, asking each attorney to evaluate the same resumes they used in their experiment. The results showed that they favored interviewing higher-class men above all other candidates.The interesting thing about this follow-up study is that Lauren and her team were able to find out why. The attorneys saw higher-cla ss candidates of either gender as being bitter fits for the culture and clientele of large law firms. Interestingly enough, even though higher-class women were seen as good fits, they were rejected because the attorneys believed they would be the least committed to the job of any group. They cited family as being the primary reason a higher-class woman would ditch the job. Overall, the attorneys just didn’t want to take the risk.These findings tell us that despite our national myth of â€Å"hard work pays off,† there are additional factors that come into play. The social class people grow up in can greatly determine what kind of jobs and salaries they are able to obtain. While there is no simple solution to inherent bias favoring affluent men, steps can be taken to mitigate the bias as much as possible. Getting rid of the requirement to list extracurriculars and reducing names to initials are just a few of the important first steps that could make a huge difference whe n resumes are being screened- and could eventually give everyone a truly equal opportunity.

Word Choice Content vs. Contents

Word Choice Content vs. Contents Word Choice: Content vs. Contents If you’re used to English pluralization, you might assume â€Å"contents† is just the plural of â€Å"content.† And both terms do have a general sense of â€Å"something within something.† But there is a difference between these words, so check out our guide below to make sure your writing is error free. Content (Uncountable Noun) The singular â€Å"content† is typically an uncountable noun. Uncountable nouns are terms that refer to something as an undifferentiated whole, such as â€Å"water† or â€Å"sand.† The main use of â€Å"content,† then, is to refer to something within something else as a whole: The content of the wedding speech made the groom blush. Croissants have a very high fat content. In the first sentence above, for instance, the â€Å"container† is the wedding speech. So when we say â€Å"content,† we mean â€Å"what the speech says as a whole.† And in the second sentence, the â€Å"container† is the croissant, so the â€Å"content† is the fat in the croissant. In both cases, though, â€Å"content† involves treating something as a whole, not as separate items. Contents (Countable Noun) The plural â€Å"contents† is usually a countable noun. We thus use it when we can separate the â€Å"content† of something into individual items, like chapters in a book or items in a bag. For example: I checked the table of contents to find the appendix. The contents of her shopping bag spilled across the ground. As such, using â€Å"contents† shows that we’re treating each item of content as a separate thing rather than lumping them together as a whole. A table of contents. â€Å"Content† as a Verb and Adjective We’ve looked at the noun â€Å"content† above, but this word can also be a verb or an adjective. As a verb, it means â€Å"satisfy† or â€Å"induce a state of contentment†: He contented himself with watching the TV. The third-person singular form of this is â€Å"contents.† This is the only time you will need this spelling other than when it’s a countable noun. As an adjective, meanwhile, â€Å"content† means â€Å"pleased or satisfied†: I was content to spend my life proofreading. But the adjectival form of this word is only ever spelled â€Å"content.† Summary: Content vs. Contents While â€Å"content† and â€Å"contents† can both mean â€Å"something contained within something,† there’s usually a subtle difference in how we use these terms: Content is an uncountable noun. We use it when referring to the contained thing as an undifferentiated whole (e.g., the â€Å"content of a speech†). Contents is a plural countable noun. We use it when the things in a container are separate and countable (e.g., book chapters in a â€Å"table of contents†). Key when choosing between these terms, then, is considering whether you can count the contained things. The only other occasion you would use the spelling â€Å"contents,† moreover, is as a third-person singular verb meaning â€Å"satisfy,† but this is quite a rare usage. And if you’d like further help with the spelling in a document, try our proofreading service.

8 Forms of Waste in real Life Essay Example | Topics and Well Written Essays - 250 words

8 Forms of Waste in real Life - Essay Example This ensured that there was minimum time wasted by any of them waiting for the next step in production (Sarkar 76). The chefs were further required to assemble all their working tools before commencing their work to avoid unnecessary movement of materials and people during the process. The school further ensured that the required amount of baking flour was used. There had been concerns from the school management that the catering department had looked too much into the quality of snacks provided at the school canteen and failing to check on the quantity. As a result, the department was required to change its system so that unnecessary time was not spent in baking. This helped to scrap off extra processing and consequently increase on quantity. The last step taken by the school was ensuring that all the chefs assigned to preparing snacks adhered to their work so as to ensure that there were no non-utilized workers (Sarkar