Frederick Douglass: Slave Life and His Constitution Views Essay

Throughout reading â€Å"Narrative of the Life of Frederick Douglass†, one does not simply learn and discover the everyday average slave life style, Douglass incorporates his own mental philosophies as to how slavery and society is ran during that time by telling it from his own first person prospective, and he also uncovers the evils that slavery hides. Slaves during the antebellum of the Civil War had faced not only many physical threats by their slaveholder or master, but mental dangers as well. Douglass’s Narrative demonstrates the double purpose of the work as both a personal account and a public argument. Douglass introduces the reader to his own circumstances by telling his birthplace and the fact that he does not know his own age. He then generalizes from his own experience, explaining that almost no slaves know their true ages. Next, Douglass takes this detail of his experience and analyzes it. He points out that slave owners purposely keep their slaves ignorant, and that this is a tactic whites use to gain power over slaves. This is the structure Douglass uses in his Narrative. He presents his personal experience as a typical slave experience, and then usually makes a point about the experience and what it tells us about how slavery works and why it is wrong. Douglass intends to use the Narrative to expose the more evil underside of slavery. He writes to educate audiences about what really goes on at slave plantations, including more cruel and destructive behaviors. For example, he devotes his writings to a discussion about white slave owners impregnating their slaves. He does not seek to overly shock his readers. He presents a practice and explains how it touches on both slaves and slave owners. Despite the unfair treatment given to the female slaves, Douglass incorporates his own experiences with the slaveholders’ destructiveness through the memory of his meeting with Edward Covey. From the time upon his arrival, Covey beats him senseless for his so called â€Å"awkwardness†. Douglass doesn’t dwell on these instances throughout the course of his story. Douglass often returns to this theme, to depict the concept of slavery as repulsive and dirty to not only slaves, but the slaveholders as well. Douglass makes use of the stories of other slaves to make an argument about the inhumanity of slavery. After Douglass recounts Mr. Gore’s murder of Demby, he includes several similar stories, such as Mrs. Hick killing her female servant and Beal Bondly killing one of Colonel Lloyd’s elderly slaves. These additional scenes serve to support Douglass’s claims about slavery. Douglass is attempting to convince whites that the events he witnessed such as a white man killing a black man and suffering no legal consequences are the normal practice. Also incorporating the story of his aunt, and him witnessing the horrific beatings that had been laid upon her. He says,† I was so terrified and horror-stricken at the sight, that I hid myself in a close, and dared not to venture out till long after the bloody transaction was over.†(page.11). This shows yet another example of how slavery can not only be dehumanizing to the slave holders, but also affects the slaves mental state of mind as well. After escaping the plantation and moving on in his life, Frederick Douglass had begun his career as an abolitionist in 1851. Upon starting his career, he had faced his views towards the Constitution. His initial interpretation crossed that of another abolitionist, William Lloyd Garrison. Both the individuals had agreed on many concepts. Both men started off by agreeing with the vision that the U.S Constitution was a pro-slavery document. When looking into the basis of the Constitution, the preamble states the basic rights of the everyday common citizen—- Life, Liberty, and the Pursuit of Happiness. Douglass and Garrison however looked upon it in a different style. They had seen this document as a â€Å"covenant denounce and an agreement with hell† which the two individuals had said it compromised with the â€Å"tyranny of the slaveholder.† One can interpret this to meaning that the Constitution protected the slave holders. Douglass makes the comparison in which that the slaveholders used the Constitution as barrier for their beliefs. The two individuals find Supreme Court cases to back up their cause. The case in which is known as the Dred Scott decision proclaimed that the right of slave owners to got maintain their possession of their slaves, even if they were illegal. This yet again, was one of the key reasons as to why many abolitionists such as Douglass and Garrison were to believe that the U.S Constitution was nothing other than a Pro-Slavery document. Douglass had broken off to develop his own separate views over time. To Douglass’s usage, he had conjured a number of speeches which he had advocated the views of slavery to the white population by using his own personal experiences to create his strong message. In one of his well-known speeches, â€Å"What, To The Slave, Is The Fourth Of July† he confides in his audience how the Constitution is indeed a glorious document. But the key question that is asked in the course of the speech is simply, how do the slaves benefit from the document? The simple answer to that question was they didn’t.

Great Gatsby and the American Dream

The Great Gatsby and the American Dream There is really no set definition of what the American Dream is, everyone has different views on what they see it as. The main idea of the American Dream is pretty much making it big and being successful in life, having everything you need, wealth, prosperity, love and happiness. Jay Gatsby portrays the American Dream in some senses but not to its full potential.Throughout the novel The Great Gatsby the American Dream isn’t shown in its positive light but, more of the opposite of that: more of the downfall or failure of it. Everyone wanted to be living the American Dream – the pursuit of happiness in life. In the 1920’s instead of going for things that brought happiness everyone seemed to revolve around money, wealth, and power. Instead of finding happiness with what they had they were all trying to attain money and power and believed this would lead to happiness.If they had all that already they took it all for granted and didn’t see everything that they had right there in front of them. Although it may have seemed someone had it all on the outside, once you really knew the person you could see that they weren’t living the best life and weren’t that much better than anyone else. The American Dream took a lot to actually achieve and no one really lived the actual dream because of many reasons but they were living some aspects of it.The three main characters fail to pursue the American Dream to its entirety – for Gatsby he tried to be something he wasn’t only so he could get Daisy and love, without this he was nothing; for Daisy it was because of greed she lived for money and social status which got in the way of her happiness and being with who she really loved; and for Tom his money gets in the way of morals and he took everything he had in front of him for granted. Jay Gatsby went from nothing to something to try to win over Daisy.His American Dream wasn’t a bout having material things, although it involved having to get them, instead it was trying to get the love of Daisy. Earlier in his life when he first fell in love with Daisy he was a poor man and Daisy didn’t want that at all. Due to Gatsby’s low social standing she wouldn’t be with him. Gatsby wanted a better life and he thought he could do it if he put his mind to it, which is also a part of the American Dream. Eventually he got money and became rich but he did this through illegal methods.This is the complete opposite of what the American Dream is because it’s supposed to be achieved through good virtue and hard work. He threw extravagant parties only to try and get close to Daisy, hoping that she would show up to them, but he himself never actually attended his parties. He wasn’t living a very great life as it seemed to everyone else, it was all a lie. The only thing that gave his life meaning was Daisy and that was the one thing he couldnâ⠂¬â„¢t have.She only came back to Gatsby after Gatsby attained his millions and was part of the high social class, but his life still wasn’t very stable. This shows that she let wealth get in the way of her love. Daisy loved Gatsby but because of the fact that there was really no stability in his life she didn’t feel comfortable with it and wouldn’t leave Tom for him. She was after the money and because Tom was settled down she decided to stay with him where it was safe. Greed and the fact that money took priority over everything with her was what held her back from happiness and living the American Dream.Tom was cheating on Daisy but she still stayed with him regardless just because she was comfortable with that lifestyle of being in the upper class and being seen as wealthy. Tom was a rich, handsome, successful man with a wife and family, and everything going for him, but instead of being happy with what he had he went and ruined others’ lives. He cheat ed on Daisy with Myrtle who was married to Wilson and destroyed their marriage. His money got in the way of his morals, family, and living the American Dream.Tom and Daisy somewhat represent the American Dream through their wealth and prosperity this was only a part of the dream not the whole picture because they still weren’t happy they just possessed the material items. The American Dream is contradicted, everyone wanted it but no one lived it for what it was supposed to be. Gatsby in the end sees himself as a failure when Daisy chooses Tom instead of him. The failure of Gatsby's hoped for life relates to the failure of the American Dream. Without his dream Gatsby has nothing – nothing to keep him going, no direction, and no purpose to live.He was unsatisfied with life and in the end, Wilson had killed him. This shows that Jay Gatsby’s American Dream didn’t go anywhere and wasn’t satisfied to its full extent although he attempted to succeed he fa iled. The extent of the novel The Great Gatsby representing the American Dream is more of showing that the American Dream isn’t always achieved and doesn’t always work out the way you want it to or think it should. The American Dream is hard to achieve and it seems as if it’s impossible for anyone to actually achieve every aspect of it, so it is just what it is, a dream.

Memoirs of a Geisha

I. Title: Memoirs of a Geisha (1997) II. Author: Arthur Golden (1957- ) III. Setting: a. Where: Gion, Kyoto, Japan b. When: Early 1900’s (1930’s, World War II) IV. Character and Characterization: c. Principal Characters i. Sayuri Nitta (Chiyo Sakamoto) Sayuri is the main character of the book. As a child, she always thought well of others. She has determination and does not give up easily. Her gray eyes are what make her stand out the most. ii. Mameha Mameha was a well-known geisha in Gion. She was Sayuri’s older sister (not by blood) and mentor. She taught Sayuri what she needed to do for her to become a successful geisha.She is very determined and would do anything to achieve her goal. iii. Hatsumomo Hatsumomo was a geisha of the Nitta Okiya, the same okiya that Sayuri came from. She boasts of herself and thinks that no one is better than her. She despised Sayuri and saw her as competition, which led to her numerous attempts to destroy Sayuri’s life. iv. Chairman The Chairman was the reason why Sayuri had a purpose to live, which was the result of his act of kindness to Sayuri when she was a child. He is a person who thinks of other’s feelings. As a geisha, Sayuri wanted nothing more than for the Chairman to take notice of her. . Nobu Nobu was the Chairman’s right-hand man, the Chairman owed him a lot. He is patient and kind. Nobu’s appearance is peculiar because of his skin which was damaged by a bomb. He fancies Sayuri and waited most of his life to become Sayuri’s danna. d. Secondary Characters i. Pumpkin Pumpkin was Sayuri’s friend when they were young. Their friendship was destroyed by Hatsumomo, who was Pumpkin’s older sister. She was sweet and very helpful at first, but was influenced by Hatsumomo. Pumpkin also became a geisha from the Nitta Okiya, but she was not as famous as Sayuri. ii. AuntieAuntie was the first person to show kindness to Sayuri when she arrived at the Nitta Okiya . She wanted Sayuri to become successful and to not end up like her. When Sayuri became a geisha, she continuously helped her through what she needed to do. iii. Mr. Tanaka Sayuri, as a child, idolized Mr. Tanaka and thought that no other man is higher than him. Mr. Tanaka was the person who offered Sayuri’s father to sell Sayuri and her sister Setsu. He was the reason why Sayuri ended up in Gion. iv. Mother Mother was the sister of Auntie and the owner of the Nitta Okiya. She was very fond of money and would do anything to become richer.She later adopted Sayuri as her daughter and as the successor of the Nitta Okiya. v. Dr. Crab Dr. Crab was one of the men who were attracted to Sayuri when she became a geisha. Dr. Crab is a kind of person who would let nothing to stand in his way. He is known for spending a lot of money in the pursuit of mizuage. V. Subject Matter: a historical fiction about the life of a geisha in Japan before World War II VI. Thesis/Main Idea: The story re volves around a girl whose life was transformed from rags to riches when her father sold her until she became a well-known geisha in Kyoto.VII. The Part I Like The Best. Why? I was thrilled the most when I was reading the part where the Chairman met Sayuri in the Ichiriki Teahouse after the incident with the Minister on the island of Amami. I was so consumed by the book since I badly wanted to know what the Chairman would say to Sayuri. Shock and disbelief came over me when the Chairman admitted that he knew Sayuri was the child he saw crying near the Shirakawa Stream. VIII. The Part I Like The Least. Why? I did not like the part where the war was going on and Gion closed down.I felt as if the part was not that significant to the main topic of the story and that the story would just have the same effect to the readers without it. As a reader, I thought that this was the dullest part of the story. IX. Vocabulary Improvement: 1. Geisha-(n. ) a Japanese women educated to accompany men as a hostess, performing different skills such as dancing and playing instruments * Most Americans confuse geishas as prostitutes because of the pretend geishas who called themselves geisha girls and sold their bodies to American soldiers in Japan during the World War II. . Okiya-(n. ) the lodging house in which a geisha lives until she has paid all her debts from the okiya for sending her to school * Mameha was a geisha who was allowed to live in her own house since she was able to pay off all her debts from the okiya she was from. 3. Danna-(n. ) a geisha’s patron, a wealthy man who supports the geisha’s needs in exchange for spending time with him privately * Nobu spent almost his entire life waiting to become Sayuri’s danna which unforntunately never happened. 4. Shamisen-(n. a three-string musical instrument that is played using a plectrum * Many geishas, if not all, were taught how to play the Japanese instrument called shamisen, which they used in performa nces. 5. Mizuage-(n. ) the coming of age ceremony of an apprentice geisha, usually associated with the geisha’s loss of virginity; a large sum of money is to be paid to the geisha in return for her mizuage * According to Mineko Iwasaki, the geisha Arthur Golden interviewed for his book, a geisha’s mizuage was never won by means of bidding.X. Brief Summary: Chiyo Sakamoto, a girl from a little fishing village called Yoroido, was 9 years old when her father sold her and her sister Satsu to a man named Mr. Tanaka. They were brought to Kyoto where Chiyo and her sister were separated; Chiyo stayed in Gion in the Nitta Okiya as a maid, whereas her sister was brought to Miyagawa-cho where she worked as a prostitute. Chiyo started going to school to become a geisha, but when she learned about her sister’s location, she went to look for her.When they met, they decided that they would runaway a few days after, Chiyo tried to runaway but failed, which caused her her school ing priviledges. As Chiyo continued to live as a maid, knowing that she won’t see her sister again, she felt as if she has no purpose in life; then he met the Chairman who treated her kindly, which gave her hope for a better future. After this incident, she wanted to become a geisha hoping that she would please the Chairman someday.Mameha, a well-known geisha in the Gion district, became her mentor and trained her to become a successful geisha; she then changed her name to Sayuri Nitta, of the Nitta Okiya. Though she had numerous admirers, she wanted no one but the Chairman to take notice of her; she strived hard to for this and in the end, she eventually learned that the Chairman acknowledged her way back then from the very first time they met. Memoirs of a Geisha â€Å"Memoirs of a Geisha† is a book written by Arthur Golden. The plot takes place in Japan and tells us the story of a young girl; a fisherman’s daughter and her journey through life to become a famous Geisha, a Japanese female entertainer. The book describes the struggles of a young girl, Chiyo, who is abandoned; sold by her father. The story is told in flashback format with reference to the protagonist's present and past. The focal point of the story is constantly on the internal narrator, Chiyo, who later changes her name to Sayuri when she becomes a geisha. Sayuri, who is our protagonist, is eight years old and lives in the small fishing village of Yorido at the beginning of the story. She lived happily with her family until one day her mother becomes sick. Her father who is a fisherman can't afford the medical treatment of her mother. Seeing no other way out, he sells Sayuri and her clumsy older sister Satsu to Mr. Tanaka; the owner of the seafood company which all the villagers work for. Mr. Tanaka brings the girls to the cultural city of Gion. Satsu who is the less beautiful of the two is sold to a brothel while Sayuri is sold to the Nitta Okiya, a geisha house. At the Nitta Okiya she meets a number of different people. There is the owner of the Okiya who is referred to as â€Å"Mother†, a bull-dog looking woman, whose main concern is money as described by Sayuri. The main â€Å"Villain† of the story is Hatsumomo , a famous and successful geisha who lives in the same Okiya as Sayuri. Hatsumomo is the main resource of the Nitta Okiya since all the money she earns goes to support it. From the day Sayuri arrives at the Okiya, Hatsumomo dislikes her, she tries to make Sayuri's life as hard as possible. At first it is hard to understand why she has that kind of behaviour towards Sayuri but as the story continues we understand that it is all about jealousy. Hatsumomo can't stand that Sayuri is beautiful and sees that in a few years she might become a successful geisha unless she gets rid of her. Hatsumomo clearly states that she hates Sayuri and doesn't want her in the Okiya: â€Å"I shall destroy you† (pg. 78)1 Sayuri comes to the Okiya with a debt which she has to pay off. The debt just keeps getting bigger because she has to take geisha ‘lessons. Sayuri is taken out from geisha practice,e after several accidents, and made a slave at the Okiya. She has no hopes for her future when Mameha, a character who becomes very important to the story, comes to convince Mother to let Sayuri continue her geisha practice. She helps Sayuri throughout her career by introducing her to many famous and rich people who can invite her to their parties and by taking her to all important places where the big parties are held. Mameha gives her personal lessons and gives her all help she can and if it weren't for Mameha, Sayuri would never have become a geisha. Throughout the story we see how Sayuri's character changes drastically, from a simple and a naive country girl to a slave with no future to a graceful famous geisha and when the story turns again, a seamstress trying to survive the second World War. Although the story mostly concentrates on Sayuri and we get to know the secrets of a geisha's life, there's a lot more that can be learnt from the story. It tells us about the life in Japan before, during and after the Second World War. The story which is set in Japan wouldn't have existed if we were to set it elsewhere. Geishas are something unique to only Japan and can't be found in any other culture around the world. It tells us about the time before the war when everything was good. Sayuri mentions the war a couple of times, in the beginning but she talks about it as if it were something that was far off and didn't concern her. Then slowly she starts realising that the war is affecting them more and more when they start using ration books. Still, the reality of the war isn't realised fully by either Sayuri or the reader until it hits you in the face when suddenly the heads of different Okiyas are selling fancy kimonos and jewels at the black market for their survival. The book mentions real-life incidents such as the bombing of Tokyo and other big cities. It tells us about the problems that the people of Japan were faced with and how even graceful geishas are forced to become normal seamstresses, making parachutes for the war. The theme of the book in my opinion is first of all, the life of a geisha since it tells us about how geishas lived and what they had to go through. Arthur Golden takes us into an unknown world and reveals the secrets of what seems to us a glamorous life. The book shows that the life of a geisha is far from glamorous. Both in sense of the social problems they have to face such as jealousy from other geisha and the struggle to make a good reputation for themselves in order to survive and also personal problems such as those older geishas, whose skin has rotted and become yellow because of the paints they used, had to face. Another theme of the book may also be; destiny. Sayuri's destiny was to become a geisha no matter what came in her way, no matter how impossible it seemed at times, she finally succeeded in becoming a geisha and not just that, she even became a very successful and famous geisha of her time. When the book starts and we see the village of Yoroido through the eyes of a young innocent girl, you wonder ‘what does this little girl living in a small fishing village have to do with a graceful and glamorous geisha? It's almost as you wonder whether the title of the book is wrong. As the story develops, we see how Sayuri ends up in the cultural city of Gion, but then suddenly when the story turns again and Sayuri is made a servant at the Okiya you start wondering if the story will instead start focusing on Hatsumomo. The book is very slow and boring in the beginning, several times I thought of just putting it down but just then the story takes a new turn. It really tells about a life I knew nothing about before and got really interesting the further I got into the book. The author has tied in historical events into an interesting story reflecting not only the lives of geishas but also the lives of ordinary people of that time. I found the book very interesting and different but a bit slow. Since it is semi-reality based I would recommend it to people both my age but also older people. The story catches your interest whether you are young or old. I would give the book 3 out of 5 points.

Business Advice Essay Research Paper In advising

Business Advice Essay, Research Paper In reding Gus, Gloria, and the murderer ( jointly known as the ? claimants? ) as to the sustainability in jurisprudence of their several claims in relation to, Rajinder ( hereinafter referred to as? R? ) , Sarah ( hereinafter referred to as? S? ) , and the liquidated company Exotic Holidays Ltd. ( hereinafter referred to as? E Ltd. ? ) , the nucleus issue appears to be that of corporate individuality as opposed to personal individuality of the members of the corporate entity. Issues associating to the general effects and effects of incorporation are besides discussed, viz. , issues of separate legal personality, liability and related exclusions, which in bend necessitates consideration of the? corporate head covering? and under what fortunes the tribunals will be prepared to delegate liability etc beyond the corporate entity to the members. Before sing single claims, some idea is given to the general or cardinal issue of legal individuality, on the evidences that this is cardinal to all the state of affairss. The most of import instance in this respect is doubtless Salomon V Salomon [ 1897 ] AC 22 ( hereinafter referred to as? Salomon? ) , which besides provides an disposed get downing place.The basically of import principal that emerged from Salomon is that a company, one time incorporated, is a legal entity in its ain right. In other words, the company itself, in this case E Ltd. , is a clearly separate being from those that are its members ( R and S ) , and as such, has? single? rights and liabilities accordingly.This has two immediate consequences. First, the company, non its members, must seek a redress despite the fact that in world, it will be the members, non the company, that conclude a redress is needed to turn to some incorrect making to the company. Second, the alternate state of affairs in which the company itself must be sued straight, non the members personally, in the event that the company itself has committed some error. The overall consequence is that members? personal liabilities and the liabilities of the company are regarded as separate. For all purposes and intents, the tribunals have traditionally drawn a divide between them. This separation of members and company, or instead the differentiation between them, is frequently referred to as the? corporate head covering? .The Salomon principal has been by and large upheld by the tribunals, sometimes with terrible effects. In the Irish instance Macaura V Northern Insurance Company Limited [ 1925 ] AC 619, the tribunal upheld the statement of an insurance company that it was non apt to pay out if points were insured on a member? s ain name and non? his? company? s name despite the fact that the points being a portion and package of the company? s concern. The tribunal maintained a stiff divide between the member and the company.In more modern times, Slade LJ basically reiterated the go oning cogency of the Salomon principal in Adams v Cape Industries [ 1990 ] Ch 433, ? ? the tribunal is non free to ignore the principal of Salomon? simply because it considers that justness so requires? ? This principal was more late once more affirmed in Ord A ; Another V Belhaven Pubs Limited [ 1998 ] BCC 607.However, as resolute as the principal stands, there are exceeding instances where the tribunal will? raise the corporate head covering? either at common jurisprudence or by legislative act. This was considered in Atlas Marine V Avalon Maritime [ 1991 ] a All ER 769, ? ? . . . to pierce the corporate head covering is an look I would reserve for handling the rights or liabilities or activities of a company as the rights or liabilities or activities of its stockholders? ? There are assorted fortunes where the tribunal will raise the head covering. In the context of liability, such a class of action by the tribunals will intend that the members themselves will be held apt beyond the company. In other words, liability will non halt at the company, as per the Salomon principal, provided the tribunal is satisfied that certain conditions are met. ? It is these conditions that demand to be considered in each single instance with regard to the claimants, since from the given facts, it appears that R and S seek to trust on the Salomon principal in order to deviate any possible liability from themselves personally to E Ltd as a separate legal entity. ? # 8212 ; Gus.According to the given facts, Gus has issued a writ against R originating from alleged? ? behavior in breach of contract? ? that predates and overlaps the day of the month of incorporation of the company.The alleged breaches extend from April 1998 to October 1998, while R sold his concern to E-Ltd in June 1998 while the company itself was incorporated on the 30th June 1998. Therefore, it appears that Gus had been covering with E Ltd. and non R personally after the incorporation.Ordinarily, by application of the Salomon principal, the action against R would neglect on the evidences that Gus was covering with? E Ltd. and non with R.However, as mentioned above, there may be a manner in which the tribunals may be asked to life the head covering and seek action against R straight. This may go on if R is suspected of fraud, although non needfully of a condemnable nature. In this instance, just fraud would suffice. Put another manner, the duties adhering the member are extended to the bind the company.In Jones v Lipman [ 1962 ] 1 All ER 442, the sale of a piece of land was at the Centre of a contract. The marketer had later changed his head? and in order to avoid an order of specific public presentation of his contractual duties, he transferred his land into the name of a company. The tribunal refuses the defense mechanism that the land was now in the ownership of the company and granter an order of specific public presentation against the seller.Likewise, in Gilford Motor Company Limited V Horne [ 1933 ] Ch 935, the tribunal held that a company that constituted a mere? fake? and formed to avoid contractual duties would non be tolerated. In this instance, the tribunal once more lifted the head covering and issued an order against an person who was non even a member of the company in question.Similarly, Gus must demo that R was in consequence? concealment? behind E Ltd. If this can be achieved, it seems possible that the tribunal may allow a redress against R straight. However, if R can demo that the sale was a legitimate trade in the sense that the sale of R? s former concern to E Ltd. was non a? fake? and was formed simply to avoid a contractual duties etc, it seems improbable that the tribunals will follow the path taken in Jones v Lipman or Gilford v Horne in visible radiation of the determination in Adams v Cape Industries where the tribunals refused to raise the corporate head covering. Lord Keith commented in Wolfson v Strathclyde Regional Council [ 1979 ] that the Salomon principal should merely be excluded in instances of a fraudulent nature where facts were being concealed by a ruse.That said, if R seeks to trust on Adams v Cape Industries, there might be a job sing that this instance was distingu ished from a similar instance, Creasey V Breachwood Motors Limited [ 1992 ] BCC 638 partially on the footing of the timing of the transportation from entity to entity. The tribunal may good see the timing of the sale, i.e. half manner through the alleged breach of contract, as a relevant factor and may good see this as some kind of turning away tactic on R? s portion. It is deserving bearing in head that Creasey v Breachwood was later criticised in Ord V Belhaven. Hobhouse LJ stated, ? ? it seems to me ineluctable that the instance in Creasey v. Breachwood as it appears to the tribunal can non be sustained. It represents a incorrect acceptance of the rule of piercing the corporate head covering? Therefore, in my opinion the instance of Creasey v. Breachwood should no longer be treated as authoritative? ? ( Although the evidences for the unfavorable judgment might good non use to the present instance. ) In sum-up, the facts are non sufficiently clear to justify a clear decision, but it appears that the chief obstruction to Gus wining would be the ability to show that R sold his concern to E Ltd. in order to avoid contractual duties via assumed trust on the Salomon principal. Notably, Lord Keith commented in Wolfson v Strathclyde Regional Council [ 1979 ] JPL 169 that the Salomon principal should merely be excluded in instances of a deceitful nature where facts were being concealed by a artifice. Such as artifice must clearly be demonstrated. # 8212 ; Gloria ( hereinafter referred to as? G? ) .From the given facts, G is stated to hold been a? ? former client? ? of E Ltd. Again, with respect to the philosophy of the corporate head covering, G would prima facie merely have a claim against E Ltd. and non R straight or personally. Unless, the tribunals can once more be persuaded to raise the corporate veil.Members of a company have a general fiducial responsibility of attention which should regulate all their behavior within the model of the company in inquiry, and unless it can be shown that they have breached that responsibility by gross carelessness or Acts of the Apostless of bad religion, no personal liability claims can by and large be successful against them. In Williams v Natural Life Health Foods Ltd ( 1998 ) 2 ALL ER 577, the House of Lords held that the corporate head covering should merely be lifted in utmost instances and moreover, there must be some kind of personal deceits made by the member of the company, who accepts as much, and that the complainant would hold had to hold relied on these deceits. The House of Lords refused to raise the head covering in that instance on the evidences that there had been no contact between the parties and in any event, there was no grounds that the complainant had believed that the suspect had accepted any personal liability.In sum-up, it seems unlikely, based on the given facts, that G? s action straight against R will win. However, taking the determination in Williams v Natural Life into history and the stated standards upon which the House of Lords refused to raise the corporate head covering, if G can run into those standards, her claim might good be sustainable. # 8212 ; The Liquidator ( hereinafter referred to as? L? ) .Again, the principal from Salomon is the get downing point with respect to L? s claim against R and S.A farther parallel can be drawn with Salomon. The murderer in Salomon claimed that the company therein was nothingness as it was basically a? fake? on the evidences that the company was in world nil more that Salomon? s? agent? , due in portion to it being a ? one-person company? . However, the House of Lords held that it was irrelevant that the company was in consequence a? one adult male company? ? and that provided the company had been incorporated right, the fact that one individual held an overpowering bulk of portions in the company was non relevant either.More specifically, it was held in Kodak Limited V Clark [ 1905 ] 1 KB 505 that a 98 % shareholding in a company does non by itself create a member/agency relationship. Therefore any similar statements on the evidences that E Ltd. was fundamentally an? agent? of R? s due to his big shareholding will neglect due to the opinion in Salomon and Kodak v Clark.. By and large talking, L will be unable to trust on a common jurisprudence based attack in inquiring the tribunal? s to life the corporate head covering against R and S. However, there may be a possible path via legislative act. Section 213 of the Insolvency Act 1986 in consequence states that where a individual has continued to merchandise through a company cognizing full good, i.e. fraudulently, that the company will be unable to duly repay creditors, the individual may be held personally apt to an extent determined by the tribunals. Section 214 of the same Act, relevant to companies in insolvent settlement ( as is the instance with E Ltd. ) , extends beyond a clear? purpose to victimize creditors? , as per s213, to include? unlawful trading? whereby the individual knew or ought to hold known that creditors will be unable to be duly paid while go oning to merchandise through the company until the clip of the weaving up order being granted. ? In order for the s213 to apply, L must bring forth grounds of a deceitful purpose by R and S to victimize the creditor he represents. Alternatively, under s214, L must show? unlawful trading? which might be an easier proposition.When sing s213, s213 ( 4 ) directs the tribunals to take assorted things into history. Under s213 ( 4 ) the tribunals are directed to see whether the member/s had acted moderately under the fortunes, or more specifically, ? ? the facts which a manager of a company ought to cognize or determine, the decisions which he ought to make and the stairss which he ought to take are those which would be known or ascertained, or reached or taken, by a moderately persevering individual holding both? ( a ) the general cognition, accomplishment and experience that may moderately be expected of a individual transporting out the same maps as are carried out by that manager in relation to the company, and ( B ) the general cognition, accomplishment and experience that that manager has. Therefore in drumhead, in order for s213 to use, these criterions must be applied to the facts of the present instance, and if it is found that R and S had fallen below the needed criterions, an application via s214 might good be sustainable in that the tribunals may good raise the corporate head covering and extend liability to R and S in their personal capacities. Bibliography. ? Farrar? s Company Law? ? ? J.H. Farrar A ; B.M. Hannigan? Company Law? ( Statutes ) ? Butterworths? Company Law? ( Cavendish ) Internet Beginnings. ? Rethinking Company Law and Practice? ? The Hon Justice Michael Kirby ( www3.lawfoundation.net.au ) ? Company Law? ( www.bigwig.net ) ? Limited Liability? a necessary effect of incorporation? ? ? Aiden Small ( www.nuigalway.ie ) ? Company Law? Corporate Personality? ( www.ukcle.ac.uk ) ? Piercing the Corporate Veil? ( www.themis.wustl.edu ) ? The Doctrine of Separate Legal Personality? ( www.law.anu.edu.au ) ? Raising the Corporate Veil Revisited? ( www.acca.org.uk )

Treatment of a patient with dog-bite wounds Research Paper

Treatment of a patient with dog-bite wounds - Research Paper Example Upon seeing the patent, the first indication was to treat her with flucloxacillin. However, flucloxacillin. However, I just realized that most dog and cat bites contain Pasteurella multocida which is ten times more likely to cause infections after an animal bite and in many cases this is resistant to flucloxacillin (Morgan & Palmer, 2007). Hence, flucolcaxicillin is to be used with other medication and this was going to cause more complications for the patient.Hence, there was the need to select a more specialized medication. There was the need for a medication that will help the patient to deal with any growing threat of infection that could result from the dog bite. This is because allied complications like tetanus and other possibilities were effectively eliminated. In this case, the patient is a 30-year-old lady. In this situation, the patient is to be viewed as an adult and a female. And hence, her condition and situation were to be considered in-depth. As a matured patient, she was expected to be capable of signing her contracts and also dealing with various complications. However, further details like her work commitments and family commitments were necessary to arrive at the right and most appropriate approach and method of dealing with the situation. With the information available, it was apparent that she qualified for adult medication and other social considerations like going home and going to work among other things were to be considered.

Electronic Monitoring and Employee Productivity Assignment

Electronic Monitoring and Employee Productivity - Assignment Example Most employees are subjected to monitoring that includes office and cubicle searches, video surveillance, electronic mail monitoring and health and psychological screening (Schumacher, 2011, pp 138-144). The current trends in electronic monitoring especially in the 21st century have increased at an alarming rate. The latest monitoring trends include the use of video cameras, email monitoring and telephone recordings among others. The monitoring has moved to network forensic monitoring software that is currently in use to mine emails for keywords and security breaches (Schumacher, 2011, pp 138-144). Most managers say that without monitoring employee activities it is difficult to achieve productivity especially in this era of social networking. The rise of the internet compounded by the development of the smart phones have made it difficult for employees to stick to work and therefore contributing to decreased productivity. This may not be true considering some of the theories that hav e been propagated about employees and productivity (Schumacher, 2011, pp 138-144). McGregor’s theory X and Y help us understand the positive and the negative aspects of employing electronic monitoring at the workplace.... Tailor says that employees should do what managers tell them to do and the managers tell the employees what to do in order to be paid accordingly. This theory has been used to support electronic monitoring so as to achieve productivity and pay employees what they are entitled to depending on what they have done (Bolden, Gosling, A, & Dennison, 2003, pp 6-50). Therefore employee monitoring can be seen as both positive and negative in many aspects. Implementing the electronic surveillance will mean that employees are under tight control from the management and therefore they may end up being less productivity as McGregor puts it. On the other hand the productivity might increase because when they are monitored, the time they are not productive is subtracted from the total time. This means that by the end of the day their wages will be reduced. The reduction will make them leave the activities that make them less productive so as to increase their wages (Schumacher, 2011, pp 138-144). E mployee monitoring has been criticized by a number of people because it infringes on the rights of both the customer and the employee. It is not the best form of management as it increases stress, decreases job satisfaction, cultivates a culture of mistrust and negative work relationships and therefore it is not. To some level there are key ethical considerations that encourage employee electronic monitoring and these include security as concerns a company’s information such as trade secrets or restricted places, productivity as in employees have to be at the right place at the right time and doing the right things at the right time, reputation as employers do not want company information such as logos to be found at the wrong place that may cause them

Financial Accounting Essay Example | Topics and Well Written Essays - 1250 words - 3

Financial Accounting - Essay Example In 2003, the Financial Reporting Council adopted a combined code of two reports, one of which covered the non-executive director’s role and how they should dispense their duties in an ethical way, while the other gave guidelines on the conduct of audit committees. With time, various amendments have been made on the 2003 Combined Report, and in 2010, the Financial Reporting Council adopted the UK Code on Corporate Governance that provides the guidelines on how the listed companies in the London Stock Exchange should conduct themselves when representing their shareholders. This paper aims at discussing the concepts contained in the code of conduct adopted on 29th June 2010, while giving a special focus on the duties and responsibilities of Non-executive directors, referring to the 2003 and the 2010 versions of The Code of Conduct. Non-executive directors of a company do not take part in the executive work of the team and are not part of the employees of the company (Walter & Shilling 2009, p. 25-28). The Governance Code obliges the directors to adhere to the financial reporting standards while representing their companies, and show accountability and prudence while doing this (Hamill et al. 2010, p. 56-59). The mode of reporting as outlined in the code of conduct requires the company to state how it effectively applies the supporting principles and the provisions, stating whether they comply with the provisions in the code of conduct or not (Ryan, 2004, p. 16). The code separates the duties of the chairperson with those of the chief executive officer, and gives the appropriate ratio of the non-executive directors and who should be incorporated in the board committees. Companies must be headed by a Board of Directors, who oversees the overall operations of the company, holding them liable for any misrepresentation of the investors, and the losses that may thus occur in such an event. According to Halbert and Ingulli (2011, p. 30), the directors of a