Tuesday, October 29, 2019

A Clockworkwork Orange (1971 movie) Essay Example | Topics and Well Written Essays - 500 words

A Clockworkwork Orange (1971 movie) - Essay Example Besides, the director makes use of the characters as his mouthpiece to communicate with the viewers. Thesis statement: An investigation to unearth the scope of the problems faced by human beings, within the film A Clockwork Orange by Stanley Kubrick. Plot summary The plot revolves around the protagonist Alex DeLarge, who is an outlaw and a member of a gang involved in anti-social activities. The film unveils the near future social life in London. But Stuart Y. McDougal states that â€Å"When A clockwork orange appeared in 1971, it was attacked as an unmediated celebration of the violent young self, as a provocation to youthful viewers to imitate what they saw on the screen† (19). As pointed out, Alex represents the gangs in London. After stealing a car, Alex attempts to rape a lady. This incident distracts the members of Alex’s gang but they are helpless to revolt against him. This encourages Alex and leads him to further crimes. At last, Alex was sentenced to lifetime imprisonment (say, 14 years). Within the prison system, Alex was forced to undergo experimentation to reduce social crimes. The Ludivico technique of conditioning, under the supervision of the Minister of the Interior transformed Alex to a new individual. This is the core aspect of the film A Clockwork Orange by Stanley Kubrick.

Sunday, October 27, 2019

Case Study Career Aspirations Analysis Education Essay

Case Study Career Aspirations Analysis Education Essay A career is a job market as well as of the individual career seekers interest and skill. By examining the job market, those interested in careers can learn what jobs are available and in demand now and what jobs will be available and in demand in the future. Career in essence is a series of related jobs towards the fulfillment of a set of individual goals that provide a sense of satisfaction and accomplishment. My career aspiration is be to be a General Manager. To fulfill my needs, I have to do a lot of thing to get it. There are four general individual characteristics affect how people make career choices, which is Interest where they believe match their interest, Self-image where an extension of a persons self image as well as molder of it, Personality which is personal orientation and personal needs and lastly Social backgrounds which is social economic status, educational and occupation level of a persons parents. Yes I choose my career from this characteristic. I believe in myself that one day Ill be general manager. This is because my believed is really matched what I want to be in future. The type of company that I would like to work is in a international company. It because by working there I can challenge myself to achieved my goals. This has been a aspiration for me since Im small to be general manager. This is because most of my family members are working in high post in a big c ompany. So I said to myself that one day I also want to be like them. I knew something about this high post general manager from my family members, they told me and teach me some important. I have choose this because I want my personal looks to be formal, in a very standard way. By working in this area I can gain more knowledge  because of the rapid change and growth in the business where most business is going global now days. In that, I also can gain more profit faster if the business that Im doing is successful. According to John Hollands theories, the personality types and working environment has been divided into six types which is realistic, Investigative, Artistic, Social, Enterprising and Conventional. Investigative gives more interest in intellectual activities where it must be a idea and theories for someone who does a work. Enterprising is a type concerned with action and with achieving result through other people, enjoy leading and persuading for an entrepreneur and representative. This both theories really suits me because I have the criteria in it. Besides that, Career Anchors by Edger Schein function also had suits me. This career wants a person perception about his or her own talents, motive and values tended to evolve into a relatively stable pattern. Identifying ones area of contribution in the long run, this has inspire my career in working in a managerial role. I also like to learn more than one thing after fully understanding the first thing. I like to move forward every ti me and gain extra knowledge in new field. I strongly decided that this field that Im choosing for my career is well suits with my personality test. In that test my result is ENFJ. I really concern about myself when Im out with people because Im harmonious. Im very respect person, harmony, and loyal to thing that I do. I will take a risk to do job, because I want to achieve my goal and I know I have to take a risk. If I really cannot take it something that has fail my success I will regret it and will ignore it. I know by doing that I can try for second time. But it will be a bit had for the first time to hear the truth. I will be happy if I get to create something new where it can give me a lot of profit in my life. Im also ready to hear about others problem because I have the ability to solve problem. Sometimes I will confused whether which decision shall I take, but after reading all the thing carefully I will take my decision, and I wont follows others in that. 1.2 Skill Required When choosing an occupation it is very important to be skillful. Skill can be divided into basic skills and related skills. When talking about related skills we can discuss on the skills that are related to the specific job. Basic skills that are needed to be in a job can be similar to one another but will different when it comes to carrying out a specific task. The basic skills that have in myself is athletics. I can do coaching, team sport and individual sport. I have a football skill. I start coaching long time ago by helping my school teacher to train his team. Other than that, my communication skill is very good. My grammar, speaking style, listening and writing is also good. I practice my listening from other people talk and talking on phone and also talk good English to all my friends. This is how I practice my communication skills. A outdoors activities skills like farming and animal care is my aspiration skill. I learn farming from my dad, in he will always do farming and I will help him and from here I got the skill. The related skill that I have choose to be General Manager is organizing, making decision, managing time, solving problem, leading and owing or operating a business. I used to make own decision at times at college. Its like a group of my friends planning something and I will make a decision and they will listen to me. I will be on time if I go out. I want to be a good time making if I go out. This will practice me when I start my work in future. Solving a problem is my main concern, because I used to solve many of mime and my friend problem very well. I dont this to be happened very often in life. Sometimes I will lead my brothers business, he will tell me what to do and not. Im creative in making idea and very imaginative. A skill of a General Manager can be more diverse and be more general in nature to classify in any area of management or administration. The other skill that may see of a General Manager is personnel, purchasing, or administrative services. In some organizations, the duties of general and operations managers may overlap the duties of chief executive officers. By looking at these related skills of being General Manager it is seen that I have to improve and develop myself so I could achieve my career development goal and aims in future. When being a General manger it is very important for an individual to be knowledgeable and wide thinking so in any consequence the companys growth will not decline. 1.3(a) Strength Looking at my strong educational background, I have completed my Foundation Studies in Business 1 year ago and now Im doing my degree in International Business. From here I have the knowledge of the theories which I have studied for foundation. I can contribute my knowledge to others because I have the strength to do so. Below is my strength: Very punctual Creative Able to do something without anyone help Understanding in everything Friendly to everyone Very hardworking Good listener Good in creating Ideas Brave in doing anything Good in resolving problem Good in handling problem Good in giving Counseling Maintain thing well Managing time Tolerant Being a good group leader Looking at all my Strength, I have done everything at above and I know that I can do that. this is because being a good group leader can bring me to the top of leader board for a management. I can handle and solve complains, diversify works to my members, being patience and also calm down any serious situation. This is the most important characteristics needed by a good group leader. I know from here becoming a group leader will bring me to success when I become General Manager. A General Manager also will have all kind of this job working together and gain more things from it. In college, a task I given to us by our lecture and we need to choose 1 group leader. They had selected me as group leader because I have the ability to work hard, to things together, and also can solve problem if my members dont know. Other than that, I can be a good listener, member will talk and I will listen to them. Punctual is the key word, I used to be very early and will push my friends to reach at col lege early to start our work, and they listen to me. This is because Im the group leader so I feel proud and this will happen when I become a General Manager. 1.3(b) My Weakness Like to do things very fast without knowing it Language Problem Do work at last minute Take things easily My main weakness is my language problem. At college when I talk to Chinese student from China, they wont really understand English. They can only speak in Chinese language. This is what my main problem, because it might give an effect to me in future when Im dealing with customer. To solve this problem, I have to start learn English. In order for me to communicate with them, I must take sometimes to get to know them well. Section 2 Experience 1: Working After finish my SPM (secondary educational level), I worked at my uncle office as admin officer. I worked there for almost 4months before joining Stamford College. My work at first is to check all the old report and then have to clean it up. It was fun working at that way. After that I has given a task to work out with 1 employee regarding about his work. From here I really gain a lot of profit knowledge. Although I dont have knowledge about the work Im doing, but I had been guided by my uncle. Microsoft word and excel is the main subject for my working period. I have to list down the company rough account with guides from my uncle. I learn how to improve language while working, my computer skill been improve and also has solve a problem without telling to my uncle. It really gave me the exposure of office life where it increases more interest to remain in this particular field where I can actually prosper. During my working period I learn a lot of thing and it has gave me a working life style. Dress code everyday must be formal and its like a practice for me in future. When we study we dont exactly get the picture of working life. I learn to be more responsible where it really help me to organize myself. By learning all this skills I can always improve my skills because it is very important at least to have this basic requirement. For my working experience, this has gave me roughly idea how to manage myself and this can help me to my future career aspiration as a General Manager. Experience 2: Student As a student I have learn how to do my assignment without others help, exam, presentation and group project. Every subject at college has a task of assignment to do. This is given to student is because, they want student to learn doing things together and in group. For assignment, I will do research in web and find details about the task. Exam is where we will train our self to see how far we have learnt something during a certain period. From here will really push our self to achieve a good goals of mark. Presentation will be done in a group in my college. We will communicate between friends to do a work. Group project is where all members will sit together and complete a task together. This work as student is testing how far we can do something with individual and with friends. Exam we get to learnt how to write, think, how to organize something and how to manage our time management by reaching before the exam start. For assignment I learnt how to do research on net, analysis and do work in computer. Presentation I learnt oral studies with my group members about how to do, complete and research for the work. Group project is to see our team work. I was the group leader and I see that team work in my group is very well going. Experience 3: Society/Activity Final experience that I want to share is when I became a captain for my futsal team in college. From here I learnt a lot of thing about how to manage things carefully. Im a vice president of badminton club in my college. Being a team captain for my futsal team is very hard task. I learnt how to make strategies and manage my team while playing on field. Vice president works is enjoyable because I been very friendly to everyone who just join the club, get to give my experience to the junior who dont really know how to play and manage my work with arranging all the student info in details. Section 3: Objective 1 The first objective that I want to set is to find part time job on my semester break. To gain more knowledge of working style is my main target and how to solve things easily. The action that I have to take is to search job in internet and newspaper. I will do this in this 2years time because I have 2 more years to go to complete my degree. Objective 2 My second objective is I would like to set to learn Mandarin. This is because I want to improve my listening and speaking skills in this language. The actions I have taken to improve in this language is by attending for the language classes. Other than that, even to improve faster, I will start to mix around with those who have knowledge about this language. I will attend for this class during my semester break. The class will be on every weekend only for 2hours. I want to do in weekend because I will be busy on weekdays because I have classes to attend. Objective 3 My final objectives is to learn about computer programming which is basically gives more importance to internet usage. I want to learn this because computer programming is very important in today s world. To do so, I have to attend for classes in order to get the specific knowledge about using the internet. I will ask any of my friends to recommend for me a better centre that offer this program or else I will ask my brother to teach me because he is good and have experience in computer programming. I will tell my brother to give me a class for this computer programming every day for 1hour because Im staying with him. Curriculum Vitae Ravinder Singh Toor Current Address: Main Address: 88, Jalan 14/15, Section 14 958, Lorong Anggerik Kanan 3,58000 Petaling Jaya, Bandar Sunggala, 71050PD,Selangor Darul Ehsan. Negeri Sembilan. Tel: 016-6560217 DOB: 4 APRIL 1989 E-Mail: [emailprotected] To fulfill all the needs that a company want and will come up with great ideas to bring the company into a upper level of successfulness. Education 2008-2011 Currently doing my Degree in BA(Hons)International Business Average point for Year1: 66% Module: Introduction to Economics, Governing Business Activities, Accounting and Its Regulatory Framework, People Organizations Management, Marketing Principle and Practice, International Entrepreneurship. 2006-2008 Foundation Studies in Business(FSB) at Stamford College. 2002-2006 Sijil Pelajaran Malaysia(SPM) at Sekolah Tinggi Port Dickson. Experience 2005 Work part time as Waiter. 2006 Work at Damai Jaya Shipping Trading as admin. Academy/Society Sport- Football captain (2008-2009) Badminton- Vice President (2009) Toast Masters member Interest Like working in a area where I can develop my experience and learn new thing. Skills Good in Microsoft Office, Excel and Power Point. Good in handling and solving problem. Language- Excellent English and Bahasa Malaysia.

Friday, October 25, 2019

The Bluest Eyes Essay -- essays research papers

A Search For A Self Finding a self-identity is often a sign of maturing and growing up. This becomes the main issue in Toni Morrison’s novel The Bluest Eyes. Pecola Breedlove, Cholly Breedlove, and Pauline Breedlove are such characters that search for their identity through others that has influenced them and by the lifestyles that they have. First, Pecola Breedlove struggles to get accepted into society due to the beauty factor that the norm has. Cholly Breedlove, her father, is a drunk who has problems that he takes out of Pecola sexually and Pauline physically. Pauline is Cholly’s wife that is never there for her daughters. Pacola is a little black girl has a hard time finding herself. Brought up as a poor unwanted girl, she desires the acceptance and love of society. The world has led her to believe that she is ugly and that the epitome of "beautiful" requires blue eyes. Every night before she goes to sleep, she prays that may she wake up with blue eyes. The image of "Shirley Temple beauty" surrounds her. In her mind, if she were to be beautiful, people would finally love and accept her. This idea of beauty has been imprinted on Pecola her whole entire life. Many people have inscribed this notion into her. Her classmates also have an effect on her. They seem to think that because she is not beautiful; she is not worth anything except as the focal point of their mockery. As if it were not bad enough being ridiculed by children her own age, adults also had to mock her. Mr. Yacowbski as a symbol for the rest of society's norm, treats her as if she were invisible. Geraldine, a colored w oman, who refused to tolerate "niggers", happened to walk in while Pecola was in her house. By having an adult point out to her that she really was a "nasty" little girl, it seems all the more true. At home she was put through the same thing, if not worse because her family members were the ones who were supposed to love her. It was obvious to Pecola that her mother preferred the little white girl of the family that she worked for over her. One day as Pecola was visiting her mother at the home where she is working, Pecola accidentally knocked over a blueberry pie. Obviously burned by the hot pastry, her mother completely ignored Pecola's feelings of pain and instead tended to the comforting of her white "daughter". For a ... ...es. The more time she spent with her own black family, the more time she realized how ugly, poor, and unworthy they were. In coming upon this realization, Pauline has a decision to make. She could have stuck with her biological family, continued to be unsatisfied but be accepted as an equal, or she could completely give up on her own family and devote all her time, energy, and love on her white charges. However she fails to realize that by committing herself to a servant's life that's all she will ever amount to be - a black servant in a white world. Pecola's search for identity was defined by her everlasting desire to be loved. Her purpose in life was to be beautiful and as a result of that to be loved. Her family and community made it impossible for her to ever be sanely content. Cholly's family (or lack thereof) and his community as a boy ultimately influenced the way he was as a man. Their effects on him molded his personality and as a result influenced his identity. Pauline’s confusion whether to love her family or the white family that she works for leads her to not caring that much at all. She realizes that whoever she ends up living with will not change who she really is.

Thursday, October 24, 2019

Company Law Essay

It has been a long established principle of Company Law that the corporate personality is a separate legal entity distinct from its members. (Salomon v Salomon & Co. (1897) However, there are circumstances in which the courts might find it appropriate to dispense with this principle and ignore the principle of separate corporate personality by ‘lifting the corporate veil’ so to speak. Yet, the courts have not been as prepared to pierce the veil of the corporation as they have been to protect it. Salomon v Salomon & Co. gave birth to the separate legal personality of the corporation. In this case, Mr. Salomon, who was conducting business as a leather merchant formed a company which he called Salomon & Co. Ltd in 1892. His shares were distributed among his wife and children, each of whom held one share each, for Mr. Salomon. This was necessary at the time because the law requires that the company consist of at least seven shareholders. It is also important to note that Mr. Salomon was the managing director of the company. (1897) Salomon & Co. Ltd. purchased the leather business which Mr. Salomon estimated to be worth 39,000 pounds. Mr. Salomon based this valuation on his view that the business was bound to be a success rather than the actual value at the time of purchase. The funds were paid as follows: 1) 10,000 pounds worth of debenture stocks leaving a charge over all of the assets of the company and 2) 20,000 pounds in 1 pound shares and 9,000 pounds in cash. At this juncture, Mr. Salomon paid off all of the creditors of the business. As a result, Mr. Salomon held 20,001 shares in Salomon & Co. Ltd. and his wife and kids held the remaining 6 shares. Also, as a result of the debenture, Mr. Salomon was a secured creditor of the company. (Salomon & Salomon Co. Ltd. 1897) The leather business floundered and within a year Mr. Salomon ended up selling all of his debentures so as to salvage the business. This did not work out the way Mr. Salomon planned and the company was unable to pay its debts and consequently went into insolvent liquidation. The company’s liquidator alleged that Salomon & Co. Ltd. was nothing but a sham serving as an agent for Mr. Salomon. Therefore Mr. Salomon should be held personally liable for the company’s debts. The Court of Appeal agreed with this finding and held that a company’s shareholders were required to be a bona fide organization with the intention of going into business rather than just for the purpose of meeting the statutory provisions for the number of shareholders. (Salomon & Salomon Co. Ltd. 1897) The House of Lords reversed the decision of the Court of Appeal holding as follows:- 1) It was not relevant for the purposes of determining the genuineness of a company’s formation that some shareholders were holding shares for the purpose of forming the company pursuant to relevant statutory provisions. In fact, it was perfectly legal for the procedure for registration to be used by a person for the purpose of conducting a one-man business enterprise. 2) Moreover, a company that was formed pursuant to the regulations provided in the Companies Acts is a separate legal person and was not therefore an agent or trustee for the controller. Therefore the company’s debts were its own and were not the debts of its members. The liability of the members would be limited in proportion to the shares that they each held. (Salomon & Salomon Co.  Ltd. 1897) Salomon v Salomon & Co. Ltd. has stood up well against the test of time. In Macaura v Northern Assurance Co. [1925] AC 619 the House of Lords held that in the same way that the company’s liabilities are the company’s and the shareholders, the assets are also the company’s rather than the shareholders. (Macaura v Northern Assurance Co. [1925]) In Barings Plc (In Liquidation v Coopers & Lybrand (No. 4) [2002] 2 BCLC 364 a parent company suffered a loss as a consequence of the loss incurred by one of its subsidiaries. It was held that the subsidiary was the proper party to commence an action in respect of the loss. This rationale followed the rationale in Salomon v Salomon & Co. Vis-a-vis the loss was that of the subsidiary and was therefore that company’s liability rather than the parent company’s liability. The subsidiary was a separate legal entity from its parent company. (2002 p 364) This ruling was closely followed in both Gile v Rhind [2003] as well as Shaker v Al-Bedrawi {2003]. In Re Southard &Co Ltd Templeton [1979] 3 ALL ER 556 at 565 LJ said that A parent company may spawn a number of subsidiary companies, all controlled directly or indirectly by shareholders of the parent company. If one of the subsidiary companies, to change the metaphor, turns out to be the runt of the litter and declines into insolvency to the dismay of its creditors, the parent company and other subsidiary companies prosper to the joy of the shareholders without any liability for the debts of the insolvent subsidiary. ’(Re Southard &Co Ltd Templeton [1979] 3 ALL ER 556 at 565) Lee v Lee’s Air Farming, a New Zealand case, is another good example of the court’s reluctance to pierce the corporate veil. In this case, in 1954 Lee started a company called Lee’s Air Farming Limited. Lee owned all of the shares of the company and was the company’s Governing Director. In addition, Lee worked for the company as its chief pilot. He died in a plane crash while flying the company plane and his wife tried to claim damages via the company’s insurance scheme under the Workers’ Compensation Act. (Lee v Lee’s Air Farming [1961]) The New Zealand Court of Appeal rejected the widow’s claim that Lee was a worker within the meaning of the Workers’ Compensation Act and the case went to the Privy Council. The Privy Council found that Lee’s Air Farming Limited was an entirely different legal entity from Lee and legal relationships between the two were perfectly permissible. Moreover, the Privy Council found that Lee, as Governing Director could indeed give order to himself in his capacity as chief pilot. Therefore a master/servant relationship did exist between the two and Lee was in that respect a ‘worker’ within the meaning of the Act. Indeed, as seen in the cases discussed above the courts aggressively protect the separate legal identity of the corporate citizen. However, there have been legislative intervention whereby specific situations have been defined where it would be appropriate to pierce the corporate veil. For example Sections 213 and 214 of the Insolvency Acts make it possible for the lifting of the corporate veil in cases of fraud and wrongful dealing. (The Insolvency Act 1986 Sections 213 and 214) Section 213 is often referred to as the ‘fraudulent trading’ provision. (Dignam & Lowry 2006 Ch. ) This section arises if the court is satisfied that company carried on any of its business ventures with the intention of defrauding the company’s creditors or the creditors of anyone else. Section 213 will also arise if the court finds that the company acted for any other fraudulent reason and persons involved in those fraudulent ventures can be found liable for the company’s debts. In order to satisfy the court of the existence of fraud Section 213 requires proof of ‘actual dishonesty, involving, according to current notions of fair trading among commercial men, real moral blame’. The . Section 214 does not impose as onerous a burden or standard as does Section 213. It is not necessary to prove an intention to defraud. Section 214 applies to the period just before a company begins winding up procedures. Section 214 arises when the court is satisfied that the directors either knew or ought to have known that the company was becoming insolvent and continued to trade anyway. The director can be liable for the company’s debts in these instances. (The Insolvency Act 1986 Section 214) Section 227 of the Companies Act 1985 makes further provision for lifting the veil of the corporation. This section arises in instances where it is necessary to require the production of group members or group accounts to verify whether or not a subsidiary’s financial activity is that of the holding company. (Companies Act 1985 Section 227) The judiciary has also demonstrated a will to lift the corporate veil whenever the ends of justice desire it to be done. The circumstances in which the court will ignore the corporate veil are ill-defined and the impression is that these circumstances are developed on a case by case basis. Professor Gower said that ‘challenges to the doctrines of separate legal personality and limited liability at common law tend to raise more fundamental challenges to these doctrines, because they are formulated on the basis of general reasons for not applying them, such as fraud, the company being a â€Å"sham† or â€Å"facade†, that the company is the agent of the shareholder, that the companies are part of a â€Å"single economic unit† or even that the â€Å"interests of justice† require this result. ’ (Davies 2003 p 184) Adams v Cape Industries Plc [1990] Ch 433 is viewed by Gower and Davies as the leading case on the exceptions to the corporate veil. In the case the Court of Appeal said that it is not satisfied that the ‘court is entitled to lift the corporate veil as against a defendant company which is a member of a corporate group’ merely on the grounds that the company was used to shield a member of that group from future liabilities of the company. As a matter of fact, the Court of Appeal maintained that this was a legal right by adding ‘whether or not this is desirable, the right to use a corporate structure in this manner is inherent in our corporate law. ’(Adams v Cape Industries Plc [1990] Ch 433) The courts tend to be rather inconsistent with its position on the grounds upon which it will displace the laws protecting the corporate veil. While Adams v Cape Industries Plc was very strict in its position in favor of safeguarding the corporate veil, the House of Lords was rather liberal in DHN Food Distributors Ltd v Tower Hamlets London Borough Council [1976] 1 WLR 852. In the latter case Lord Denning speaking of a parent company and its subsidiary holdings said, ‘these subsidiaries are bound hand and foot to the parent company and must do just what the parent company says’. He went on to say ‘this group is virtually the same as a partnership in which all the three companies are partners. They should not be treated separately so as to be defeated on a technical point’. (DHN Food Distributors Ltd v Tower Hamlets London Borough Council [1976] 1 WLR 852) It wasn’t long before the courts departed from the position taken by Lord Denning. Woolfson v Strathclyde R. C [1978] SLT 159 the House of Lords took issue with Denning’s view on the nature of holding companies and the groups under them. The Lords maintained that the corporate veil would not be displaced unless it was shown that the company was a facade. (Woolfson v Strathclyde R. C [1978] SLT 159) In Trustor AB v Smallbone (No. 2) [2001] 1 WLR 1177 the court was adamant that the corporate veil would only be lifted in three circumstances. They were, 1) if the court was satisfied on the evidence that the company was a mere sham or facade, 2) the company itself was involved in some impropriety or 3) where the interest of justice required it. (Trustor AB v Smallbone (No. ) [2001] 1 WLR 1177) Earlier cases identified appropriate circumstances where the court might find that a company was indeed a facade. In Gilford Motor Company Ltd. v Horne [1933] Ch 985 the court found that the company was a facade. In this case an employee bound by a covenant not to solicit the business of his employers, left his employment and set up a company which he used to breach the covenant. The employee argued that while he was bound by the covenant, the company was not. (Gilford Motor Company Ltd. v Horne [1933] Ch 985) In another case the defendant signed an estate contract with the plaintiff for the sale of realty to him. The defendant changed his mind and formed a company, transferring the realty to the company. He claimed that he was no longer the owner of realty and therefore no bound to the terms of the estate contract. The court found that the company was a mere facade for the defendant and he was ordered to sell the realty as per the estate contract. (Jones v Lipman [1962] 1 WLR 832) The Court of Appeal identified three instances in which it would be appropriate for the corporate veil to be lifted. The court said, ‘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 A. 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 general law fall to be treated as separate legal entities with all the rights and liabilities which would normally attach to separate legal entities. (Adams v Cape Industries Plc [1990] Ch 433) Adams has effectively narrowed the circumstances in which the courts will intervene and lift the corporate veil. This is unfortunate since changing times together with the complex development of both the corporate structure and company law, the Salomon v Salomon & Co. rule is in reality perhaps out of place today. (Gallagher & Zeigler 1990) Although there have been times when the courts have shifted away from this ruling it remains the poster child for the criteria to be met when determining whether or not to life the veil of the corporation. The prevailing attitude is to safeguard against lifting the corporate veil. Question 2b) The doctrine of majority rule has been a long established principle of Company Law within the English Legal System and makes it difficult for minority shareholders to take legal action in respect of majority shareholder improprieties. That said, Rebecca as a minority shareholder is protected to a limited extent by the provisions of Section 459(1) of the Companies Act 1985. The development of the common law doctrine of majority rule was enunciated in Foss v Harbottle. The rationale behind Foss was that any difficulties within the structure of the company ought to be dealt in the general meetings of the company by ratification by the majority shareholders. The prevailing attitude of the courts was one of nonintervention. It would only step in if it was for the purpose of dissolving the business. The facts of Foss v Harbottle reveal that in 1835 a company, Victoria Park Company purchased land in the Manchester primarily for residential purposes. Thomas Harbottle, a director of Victoria Park Company had purchased the property and resold it to Victoria Park Company who eventually developed the property. Richard Foss and Edward Turton, shareholders of Victoria Park Company brought an action against Thomas Harbottle alleging breach of fiduciary duties in that he sold the property to the company at an inflated price. Turton and Foss also claimed that, acting outside of their powers as directors the directors had burrowed funds in the name of the company. The court held that plaintiffs had no locus standi, and that they were required to have obtained the company’s approval to commence legal action. This approval is properly obtained by virtue of a general meeting. In Foss v Harbottle, Wigram VC explained that ‘the corporation should sue in its own name and in its corporate character, or in the name of someone whom the law has appointed to be its representative. ’ It would therefore only be permissible in exceptional cases of serious abuse that minority shareholders could sue the company as a defendant. This explains the relatively strict approach adopted by the courts in deciding representative forms of actions in the guise of minority shareholder oppression. Jenkins LJ in Edwards v Halliwell explained the justification of the majority rule doctrine in Foss v Harbottle when he said ‘the rule in Foss v Harbottle, as I understand it, comes to no more than this. First, the proper plaintiff in an action in respect of a wrong alleged to be done to a company or association of persons is prima facie the company or the association of persons itself. Secondly, where the alleged wrong is a transaction which might be made binding on the company or association and on all its members by a simple majority of the members, no individual member of the company is allowed to maintain an action in respect of that matter for the simple reason that, if a mere majority of the members of the company or association is in favour of what has been done, then cadit quaestio’. This is where Section 459(1) of the Companies Act 1985 is important to Rebecca in respect of what appears to be ‘insider dealing’, mismanagement and perhaps even fraud. Section 459(1) of the Companies Act 1985 provides as follows:- Any member of a company may apply to the Court by petition for an order under this section on the grounds that the affairs of the company are being or have been conducted in a manner which is unfairly prejudicial to some part of the members (including at least himself) or that any actual or proposed act of omission of the company (including an act of omission on its behalf) is or would be so prejudicial. ’ David Partington, notes rather bluntly, that the discretion contained in Section 459 is very broad and perhaps infinite. ‘The breadth of s. 459 means that there must be an infinite range of situations in which it may be employed. Partington goes on to say that the courts have been extremely flexible in their application of the term ‘unfairly prejudicial. ’ The test for ascertaining whether or not conduct is ‘unfairly prejudicial’ is an objective test rather than a subjective one. The defendant’s motives are often times not of paramount importance to the courts. In Re Bovey Hotel Ventures Ltd. it was held that ‘the test †¦. is whether a reasonable bystander observing the consequences of (the defendant’s) conduct would regard it as having unfairly prejudiced the petitioner’s interests. The remedies are no longer limited to ‘winding up’ procedures and this of course explains the wider discretion for commencing an action by minority shareholders. Among the remedies available are, rectification, injunctive or ‘buyout relief. ’ By virtue of ‘buyout’ relief, the court makes an order requiring the company to purchase the shares of the petitioning minority shareholders. This is perhaps the best course for Rebecca to follow. She might not wish to remain a part of a company in which she has all but lost faith in. Re Sam Weller & Sons Ltd. rovides some useful guidance as to the kind of conduct that might amount to ‘unfairly prejudicial’ within the meaning of the 1985 Act as amended. For example, failing to pay a dividend in the absence of a sound commercial explanation for such a failure amounts to ‘unfairly prejudicial’ conduct’. In Sam Weller’s case the dividend had already been covered 14 times with the company declaring it for the past consecutive 37 years. In interlocutory proceedings, Gibson LJ denied the company’s application to strike out the petitioner’s claim noting that the company had a case to answer.

Wednesday, October 23, 2019

Discourage people from damaging their own health Essay

What more should be done to discourage people from damaging their own health? Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Discouraging people from damaging their own health is important because it will help the people to live a healthy lifestyle and with a healthy lifestyle, the people can live longer without any health problems or diseases. There are many ways to discourage people from damaging their own health, especially such as discouraging the people from smoking. To discourage people from smoking it can be done by putting tobacco labels, stop advertising, raising taxes and banning smoking. Tobacco labels are like warning messages that appear on the packaging of cigarettes and other tobacco products concerning the health effects of those products. There have been implemented in an effort to enhance the public’s awareness of the harmful effects of smoking. For example, in the United States, on September 2012, all cigarettes for sale or distributed in the United States were to be packaged or advertised with these new cigarette health and a stop smoking hotline number. Studies have shown that viewers had a stronger response to the pictures than to written warnings. Cigarettes advertisements that are carried on televisions, radios and internet websites, should be stopped. If it is not being put to a halt, the people will smoke more and damage their own health more. Instead they should advertise the side effects of smoking too much cigarettes. For example, in the United States, the congress banned cigarette advertising on TV and radio in 1971 and spit tobacco advertising in 1987. The American Legacy Foundation and many states have made anti-smoking public service messages that are featured on television, radio, and billboards. Some tobacco companies have come up with their own advertisements, which appear to be anti-smoking and it actually helps reduce the amount of smokers. Raising the taxes of cigarettes, will reduce the amount of people or may be even stop them from smoking therefore the people will be able to live healthy a lifestyle. An example is in the U.S. The taxes on cigarettes have risen in many states in recent years. These increased costs have been shown to discourage young people from starting to smoke and encourage smokers to quit. As of early 2014, the federal cigarette tax is $1.01 per pack. State taxes on tobacco vary from as low as 17 cents in Missouri to up  to $4.35 a pack in New York. Nearly all states and Washington DC levy their own taxes on other tobacco products such as cigars, pipe tobacco, snuff, and chewing tobacco. As of 2014, Pennsylvania charges no state tax on non-cigarette tobacco products, while Minnesota and Washington both charge 95% of the wholesale price of the tobacco product in taxes. The most important way to stop people from smoking is by banning smoking in some countries. This means that the government will introduce the law into the country and if anyone who goes against the law, will have to pay a fine. In the United States, the laws in all 50 states and the District of Columbia restrict or do not allow smoking in certain public places. These laws range from simple restrictions, such as designated areas in state or local government buildings, to laws that ban smoking in all public places and workplaces. Federal buildings are required to be smoke-free. Smoking is also banned on all domestic airplane flights. According to the US Surgeon General, smoke-free policies that ban smoking in all indoor areas are the only way to be sure that people are not exposed to secondhand smoke at work and in other public places. In my conclusion, I think the government or any organizations should be raise more awareness of the side effects of smoking cigarettes by organizing exhibitions, making leaflets about the side effects of smoking and televisions advertisements to raise awareness. From there, the people would understand the bad effects of smoking too much cigarettes.

Tuesday, October 22, 2019

Honda Essay Example

Honda Essay Example Honda Essay Honda Essay Message from the President and CEO Striving to be a company society wants to exist by continuing to create technologies and products with new value please customers, we will endeavor to provide even better products by redoubling our quality assurance activities. Bringing all Hands resources to bear in a global effort to strengthen our business structure Striving to be a leader in environment and safety Were finally beginning to see subtle signs of a recovery in the global economic slowdown that began with the financial crisis in the United States in 2008. Although a lull recovery in our businesses in Japan, Europe, and the United States will take more time, Honda delivered products to more than 24 million customers worldwide through its motorcycle, automobile, and power product businesses in PAYOFF. Im confident that these results are the product of a concerted effort on the part of our associates, suppliers, dealerships, and other partners to supply products and services that will please customers while respecting local culture and customs in accordance with our policy of manufacturing close to the customer, a philosophy Honda has embraced nice its founding. Nowhere is this success more evident than in China, where we sold a record 580,000 automobiles during 2009, and in Thailand, where we are manufacturing the PC scooter, a strategic global model, and expanding our business from Asia to the world. Nonetheless, the business environment in which we operate continues to be a challenging one, and I recognize that it is essential for Honda Group companies worldwide to come together to strengthen our business structure through the targeted application of limited management resources to key segments of our operations. We also face challenges in fulfilling our responsibilities as a manufacturer of mobility solutions. Consistent with our historic commitment to manufacturing high-quality products that will CARS Report 2010 During 2010, we launched the CRY-Z sport-type hybrid, which combines environmental friendliness with driving pleasure, as well as the Nope generator, which runs on ordinary household butane gas canisters. Were planning to including a hybrid model of the Fit hatchback and the EVE-neo electric motorcycle. We also plan to contribute to the resolution of environmental issues from the standpoint f renewable energy utilization by promoting use of residential generation units and thin-film solar panels, which use less energy and generate lower CA emissions during the manufacturing process than conventional silicon-based solar panels. Additionally, the Gawk Plant, which began operations in 2009, is striving to implement environment- and people-friendly operations, particularly through initiatives to reduce energy consumption. The facility has been designed with future generations in mind, for example by minimizing generation f waste products during the plants future demolition, using recyclable building materials, and making use of construction techniques that minimize the structures environmental impact. How do we make products environmentally friendly? How do we make them useful and convenient? How do we make them fun to use? Honda is committed to bringing its full resources to bear on the effort to realize a low-carbon society by developing technologies for reducing CA while sharing Joy and excitement with its many customers and other stakeholders. Honda has led other companies in developing proprietary cosmologies for dealing with safety issues, in keeping with its Safety for Everyone philosophy. Honda strives to pursue safety initiatives by taking advantage of the uniqueness of these technologies. We have sought to live up to the principles of this philosophy by working to communicate the freedom and Joy of mobility to all the people of the world through our motorcycle, automobile, and power product businesses as well as through projects such as ASIMOV, Handset, and new mobility technologies such as Walking Assist. Creating products and technologies that offer new value and exceed the expectations of our customers and stakeholders worldwide, we are striving to be a company that society wants to exist. Honda associates are uniting worldwide, taking on the challenge of fulfilling our responsibility to society. Striving to realize a sustainable society through a Group-wide effort to provide new value The Honda Philosophy, which includes fundamental beliefs in terms of respect for the individual and the Three Joys, forms the basis for all corporate activities and serves as the standard for conduct and decision-making by Takeout Tit President and CEO 6

Monday, October 21, 2019

Offensive and Otherwise Inappropriate German Words

Offensive and Otherwise Inappropriate German Words Warning: This article may contain  examples of the following language: unanstndig  dirty, obscene, indecent; improper, rude, ill-manneredunanstndige Wà ¶rter gebrauchen  Ã‚  to use four-letter words, bad languagedie Unanstndigkeit  (-en)  dirty joke, obscenityUnanstndigkeiten erzhlen  Ã‚  to tell dirty jokes You may find some of the words and expressions  contained in this German  glossary objectionable.  As with English, most should  only to be used when and if you really know what youre doing. This article isnt explicitly (ha) meant to promote the use of these expressions, but to arm you with information. As  Goethe  said, a lack of knowledge can be a dangerous thing.   Cursing and Swearing  (das Fluchen) While most swear words in English are sexual or have to do with your parentage, German leans more towards the scatological (having to do with excrement or feces). Although Germans sometimes borrow  the English f-word, the German version is rarely used in swearing. German terms roughly equal to American bullsh or British bollocks include:   der BockmistScheiß redenScheiße!Quatsch mit Soße Donnerwetter!  Darn it! Zum Donnerwetter!  , it depends on the tone of your voice and how it is said. As an interjection of acknowledgment, it is more like My word! You dont say. die Drecksau/der Dreckskerl  filthy swine, bastard die Hà ¶lle  hell   Ã‚  Ã‚  Fahr zur Hà ¶lle!   Go to hell!  Ã‚  Ã‚  Zur Hà ¶lle mit...   To hell with...  Ã‚  Ã‚  Sie machte ihm das Leben zur Hà ¶lle.   She made his life a living hell. NOTE: Avoid anglicisms like  was in der Hà ¶lle!  Most English hell expressions are Teufel expressions in German. Der Mist  is a mild German word meaning dung, manure, or rubbish/nonsense. However, when used in some compound words (der Mistkerl,  das Miststà ¼ck), it is no longer fit for polite society! der Mistkerl  bastard, dirty swinedas Miststà ¼ck  bastard (m.), bitch (f.) verdammt  damned, bloody Verdammt!   Damn!/DammitVerdammt noch mal!   Damn it all!/Damn it to hell!/Bloody hell! (Br.)Verdammter Mist!   Goddamn it!/Sod it! (Br.) verflucht!  damn! Verflucht noch mal!   For chrissake!/Goddamn it! der Scheiß  /  die Scheiße Variations of this German word [literally, sh, crap, damn, bloody (Br.)] are so ubiquitous as to warrant an entire section of its own.  It is important to know that the German and English versions of the s-word are not always equal. The English subtitles of German movies often mistranslate the German expletive  Scheiße!  Its use in German is frequently closer to English Damn! or Dammit! To say This town really sucks, you could say:  Diese Stadt ist echt Scheiße.  Although it sometimes isnt as strong a curse word as English Sh! that doesnt mean you should casually use  Ã¢â‚¬â€¹Scheiße!  in German. An expression such as  Dieses Scheißauto!  could mean This f-ing car! or This damned car! - depending on how it is said and by whom.   Scheiß-  prefix  lousy, shty, bloody (Br.), crappy, damned (thing).  This prefix, like its cousin above, often should be translated as damned (thing), or something more mild than you might think. For instance, when a German says  So ein Scheißwetter!, it only means that the weather is really bad: Such awful weather! By the same token,  Diese Scheißpolitiker!  means These damned politicians! (a universal complaint).   scheißegal  adj.  of no damned importanceDas ist mir  (doch)  scheißegal!  I dont (really) give a damn/f-/sh (about that)!scheißen  to sh, crapDu scheißt mich an!  Youre sh-in me!/Youre a pain in the ass!Ich scheiß drauf!  I dont give a damn/f-/sh (about that)!der Scheißkerl  bastard, son-of-a-bitch, motherf-er Obscene Hand Gestures While we dont include inappropriate gestures in this glossary, you should know that some hand signs or gestures are universal, but others are not. In some parts of the world, the American OK sign (finger and thumb forming an O) is an insult having to do with a body orifice. If a German taps his/her forehead with the index finger in someones direction, that is a bad thing (meaning the other person is an idiot), and punishable by a fine if a policeman sees it or someone files charges. Sexual Terms and Body Parts Many of the terms in this glossary relate to human sexuality. Some of them have a double meaning that you should be aware of. If you refer to an animals tail in German (der Schwanz), thats OK, but you should also know that the same term is a crude way of referring to the male sex organ. The German verb  blasen  can have many of the same multiple meanings that blow has in English. But if you want to enjoy a good German erotic novel, youll find some of that vocabulary here as well. blasen  Ã‚  to blow (fellatio) jemandem einen blasen   to go down on s.o., do fallatioSie hat ihm einen geblasen.   She gave him a... ficken  Ã‚  to fk, have sex (vulgar),  mit jemandem ficken   to fk s.o. NOTE:  The German forms of  ficken  are used only in a sexual sense. Most English fs: Fk him!   Der kann mich doch am Arsch lecken!; This f-ing car!   Dieses Scheißauto!; We were just f-ing with you.   Wir haben dich nur verarscht.; Fk off!   Verpiss dich! geil  horny.  This word (along with  supergeil) has become slang for cool or great in German.  Das ist ja geil!   Thats really cool! die Eier  (pl.)  balls, nuts (lit.  eggs) einhandsegeln  (teen slang)  to jerk off, wank, spank the monkey einparken  (teen slang)  to have sex, get laid, bang die Kiste  boobs, tits; (big) buttDie hat ne große Kiste.   Shes got big tits.Note: In some regions, this can mean a big butt rather than boobs. knallen  to bang, screw der Knutschfleck  (-en)  hickie, love bite The Bottom Line der Arsch   ass, arse; butt.am Arsch der Welt in the middle of nowhere, in a Godforsaken holeam/im Arsch sein to be screwed upDas geht mir am Arsch vorbei! I dont give a sh (about that)!in den Arsch gehen to get screwed upDu kannst mich! (am Arsch lecken) You can kiss my ass!Leck mich am Arsch! Kiss my ass!/F- off!Setz deinen Arsch in Bewegung! Get your ass in gear!er Arschkriecher/der Arschlecker (-)  ass-kisser, brown-nosedas Arschloch  a-holeder Po  bottom, behind, butt kommen  to come, have an orgasm der/das Kondom  condom.  Also known by many slang terms:  Gummi,  Pariser, etc. die Mà ¶pse  (pl.)  tits, boobs pissen  to piss, pee.   sich verpissen   to piss off, f- off der Sack  (Scke)  bag, sac, sack; scrotum, balls (testicles); bastard, bugger, sod ein fauler Sack  a lazy bum, lazy bastard/bugger (degree of harshness depends on circumstances/tone of voice)eine faule Socke  a lazy bum (less harsh than fauler Sack) die Sau  sow, bitch, bastard.  alte Landsau  stupid old bitch, dumb bastard (lit., old country sow).  Also see Schwein below!  In German, words related to the pig (sow, swine) fill in for English terms of illegitimacy (bastard, son-of-a..., etc.).   Sau-  prefix  bloody, damn, lousydie Sauarbeit  damned/bloody/lousy workdas Sauwetter  damned/bloody/lousy weather die Scham  shame; private parts, genitals, vulva (fem.) das Schamhaar  pubic hair scharf  hot, horny, sexually aroused Ich bin scharf auf ihn.  I have the hots for him. die Scheide  Ã‚  vagina.  The  Rammstein  song lyric bis der Tod der Scheide is a play on this word and the phrase bis der Tod euch scheidet (till death you do part) in their song Du hast. See  full lyrics. der Schwanz, die  Schwnze, das  Schwnzchen (diminutive)  tail, slang for penis das Schwein  pig, bastard, son of a bitch, swine.  This is one of the worst words in German! NEVER use it (or its compounds) unless you know what youre doing, and probably not even then! Ironically,  Schwein haben  means to be lucky:  Wir haben Schwein gehabt.   We were lucky. (We came out smelling like a rose.) Schweine:  So eine Schweinerei!  How disgusting!/What a dirty trick! der Strich  prostitution; red-light district.  auf den Strich gehen  to be a prostitute, ply her / his wares der Teufel  devil Zum Teufel!   Dammit!  Ã‚  Ã‚  Wer zum Teufel hat das gemacht?   Who the hell did that?  Ã‚  Ã‚  Der Teufel soll mich holen, wenn...   Ill be damned if...  Ã‚  Ã‚  Geh zum Teufel!   Go to hell!  Ã‚  Ã‚  Hol dich der Teufel!   Go to hell!  Ã‚  Ã‚  Scher dich zum Teufel!   Go to hell!  Ã‚  Ã‚  Der Teufel wird los sein.   The sts gonna hit the fan. All hells gonna break lose. ​die Unaussprechlichen  (pl.)  ones unmentionables (humorous) die Zuckerstange  (slang)  penis (candy cane) German Slang Terms for Masturbation Lest you think that German has an abnormally large number of terms for masturbation,  let me point out that English does as well. sich abzapfenaus dem Handgelenk schà ¼ttelnden Fleischtopf rà ¼hrenden Schimmel schà ¼ttelnden Trumpf in die Hand nehmendie Hnde in den Schoß legendie Ladung là ¶schen, entsaftendie HandmassageHuptling Schnelle Vorhauthobelnkrumme Finger machenOld Schà ¼ttelhandsein eigenes Sà ¼ppchen kochenselbst ist der Mannsich einen runterholensich einen von der Palme schà ¼ttelnsich entschleimensich Luft machenTaschenbillarddas ÃÅ"bel an der Wurzel packenwichsen Derogatory Terms for  Other People  (Xenophobia,  der Auslnderhass) Like English and other languages, German  has many derogatory and insulting terms for groups of people most of which, not surprisingly, should be avoided at all times.  Some Germans, Austrians, and Swiss, particularly members of right-wing (rechtsextreme), neo-Nazi, or other hate groups, express their dislike of foreigners and other enemy categories (leftists, women, gays) with derogatory German slang terms. Because of their inflammatory nature, we have included only a few terms here, but others are easy enough to find elsewhere online. Of interest, the simple German phrase Im proud to be a German â€Å"Ich bin stolz, ein Deutscher zu sein.† is considered a typical German right-wing slogan.  While in many countries, such a statement is considered normal and patriotic, in Germany it has overtones going back to the Nazi era.   Other phrases associated with right-wing extremist groups include the following: der Hitlergruß: Nazi salute (Hitler salute).  A right-wing symbol of neo-Nazi groups such as the skinheads in Germany. Any display of Nazi symbols, the swastika, Nazi flags, or Nazi-related regalia is against the law in Germany.Unarische  non-AryansUndeutsche  un-GermansRotfaschisten  red fascistsZecken  ticks, blood-suckersRechte  (Rightists)Faschos  fascistsGlatzen  skinheads (baldies)Neonazis  neo-NazisRechtsextremisten  extreme right-wingersSkinheads  skinheadsUnrechtssystem  unjustice systemUnterrassen  sub-racesweißer Spiesser  WASP (White Anglo-Saxon Protestant) More Insults Subkulturen  (Subcultures, e.g., Punks, Goths, etc.)Dekadente  decadentsAsseln/Assis/Asoziale  asocialsVertreter der Wirtschaft  (Business People)Kapital- und Politbonzen  capitalistic and political fat-catsLinke  (Leftists)der Piefke  (PEEF-kah)  Kraut, Heini, Jerry (German person).  Austrians use this word as a disparaging term for a German, somewhat like the Mexican use of gringo for an American. Even in Germany, a  Piefke  is a pompous idiot, so it is not a word to be used lightly.  Ein kleiner Piefke  is a little pipsqueak. Bodily Functions der Pups  fartfurzen  to fart, cut onepupsen  to cut one, fartdie Kacke  caca, crap, sh. Example:  dann ist aber die Kacke am Dampfen.  | Then the sh will really hit the fan.die Flitzerkacke  (teen slang)  the shs, diarrhea (der Durchfall)kacken  to crap, poop, sh