Company Law - English law Case Study Example | Topics and Well Written Essays - 2500 words

Company Law - English law - Case Study Example Commentators have attempted to categorise those decisions under various headings, such as agency, fraud, group enterprise, tort and so forth6. What is clear on a close reading of the cases which have distinguished Salomon is that the courts will only interfere - by lifting the veil of incorporation - where there is clear evidence of wrongdoing or where they are required to interfere by Statute. There is therefore a presumption that members of a limited company are only liable to the extent of any unpaid amount on nominal value of their shares unless 'wrongdoing' can be established. LJM Limited seems to have been incorporated for the sole intention of providing a vehicle for the directors Jean, Lynette and Lauren to unlawfully deprive W&H Limited, its shareholders and its members of its corporate assets and any retained profits from the international contract. There is authority to suggest that the courts will lift the veil to prevent evasion of an existing obligation7 and the court will grant an injunction/specific performance in that instance. For a short while it also seemed to be the case that the court would lift the veil where there was clear evidence of asset stripping. In Creasey v. Breachwood Motors Ltd [1992]8 proprietors of Breachwood Welwyn Ltd transferred that company's assets to the defendant company. The evidence indicated that the defendant company had been formed for the sole purpose of avoiding the payment of a substantial wrongful dismissal claim. Breachwood Welwyn Ltd was then struck off the company register following the procedure laid down in Section 652 of the Companies Act 1985; hence depriving the plaintiff of any redress. Robert Southwell QC, sitting as deputy High Court Judge, held that the plaintiff could present his claim for damages directly against the new company, Breachwood Motors Limited, as its sole purpose was to strip Breachwood Welwyn's assets and deprive Creasey of redress. The decision in Creasey was unequivocally overruled in Ord & Another v Belhaven Pubs Ltd [1998] by the Court of Appeal. Hobhouse L.J said: " Creasey v. Breachwood . represents a wrong adoption of the principle of piercing the corporate veil. Therefore, in my judgement the case of Creasey v. Breachwood should no longer be treated as authoritative". The Court of Appeal cited its previous decision in Adams v. Cape Industries plc [1990]9 where plaintiffs were not able to seek redress from a holding company when its subsidiary (the defendant) went into liquidation. The House of Lords have endorsed this stricter interpretation of Salomon more recently in Williams v. Natural Life Health Foods Ltd [1998]10. In that case a franchise company had already gone into liquidation by the time a misrepresentation was discovered. The plaintiff sought redress directly from the sole director of the former franchise company. Their Lordships held not only that the corporate veil was sacrosanct and should only be lifted in the most

Intercultural Communication and Conflicts Essay Example for Free

Intercultural Communication and Conflicts Essay The communication between different cultures is very difficult. Intercultural communication can lead to misunderstanding and confusion. You may offend someone without even knowing it. Nonverbal communication is challenge as well such as handshakes, eye contact, hug, and etc. These problems happened so many times from my fiancee who is from America and me who is from South Korea. One day, my father visited to our place for holiday. When my father walked into our place, my fiancee was lying on the sofa and then he said â€Å"Hi. In Korean culture, when adults come to you, you need to stand up and bow to them. That moment, my fiancee’s behavior was disrespectful to my father. This tells us that we grew up differently since we have different culture background. However, we both have the attitude where we like to learn about each other cultures. It gives us a better understanding and respect more. To me, language barrier is one of issue with communication. When I moved to America, I barely spoke English and I was really afraid of speaking with other people, especially in English; however, time went by, as went to high school, college and join in the Army in America, I became more interactive in communication with people. Also, my fiancee helps me to learn and correct my English skill. Interpersonal communication Thousands of people use more online email, texting, Facebook, twitter, and etc. to communicate now, because it’s easier and faster to communicate to others. On the other hand, online communications can be bad. More likely, face to face communication can be avoided. I realized that most people use smart phone anytime and anywhere now. Sadly, it happens during class, meeting, dating, waiting, and dining. In fact, one of my nieces who is 6 years old refused to talk and listen to me when I discipline her. Instead face to face communication, she wanted to text me to say â€Å"sorry. † I didn’t accept her apologize because I believe in true meaningful interpersonal communication should be face to face communication.

The Calm After the Storm - Original Writing :: Papers

The Calm After the Storm - Original Writing I don't know whether one could call my life a disaster, or a series of miracles. I have seen tragedies that you think only happen in newspapers or novels, yet I have also seen what comes out the other side and that it is way above average human morals. I am proud to have lived amongst such strong and determined individuals whom I hope will teach others to follow in their footsteps. Of all my childhood memories, one sticks out to have affected me most. I can remember the look of deep fear on my mother's weary face. I wanted to reach out and have her hold me close to her, but I knew that I was no safer with her than in the arms of Edith, my oldest sister under the dining room table. I could hear the huge rip and then crash of the monster waves beating against the side of our house. I had heard of the huge storms years ago before I was born, but they hadn't become real until now. Suddenly, there was the splintering smash of shattering glass and cold salt water hit me in the face. I was sick on Edith but she didn't have time to care as she ran frantically around the swamped house looking for something to barricade the broken windows with. I must have passed out after that because the next thing I remember is waking up alone in Uncle George's barn. I brushed the scratchy straw from my salty clothes while I could hear my baby sister Clara crying from the house. As I entered the cottage kitchen Aunt Francis had a bowel brimming with steaming porridge. So as to not offend her I gulped it down quickly while she gave Clara her bottle. I then asked her about the previous night. She explained to me how the waves had destroyed our home. Half the village was living in ruins now, all because a cement factory dredged our beach of all its shingle. I couldn't quite understand how this made the waves eat up our village

Domestic Violence and Social Class Essay

Domestic violence is something that happens every day around the world. Young, old, rich or poor, this is an issue that we must look at to better ourselves as a country. One of the things that we look at is how domestic violence relates to the different social classes of the country, this being upper, middle, and lower. Some would thing that it would be more common in lower classes, but the reality of it is domestic violence is a problem across all social classes. In this paper I will discuss different articles about domestic violence and its relation to social class. It is clear to see that any of the articles on this topic focus around women as victims and men get put into a category of the only ones committing violence. From different articles you can see that social class has a relation and an effect on domestic violence. To begin with we need to understand what domestic violence is. The National Domestic Violence Hotline describes domestic violence as pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner. Abuse is physical, sexual, emotional, economic or psychological actions or threats of actions that influence another person. This includes any behaviors that frighten, intimidate, terrorize, manipulate, hurt, humiliate, blame, injure or wound someone. Domestic violence can happen to anyone of any race, age, sexual orientation, religion or gender. It can happen to couples who are married, living together or who are dating. Domestic violence affects people of all socioeconomic backgrounds and education levels (The National Domestic Hotline). This is one of the best definitions you will find. It’s important to realize that Domestic Violence can happen to anyone. The focus on economic background is important; there is not one ocial class that domestic violence does not occur in. It is key that we keep this in mind, otherwise we begin to label and fit certain social groups into categories. And as we will find out this is not the case at all. In Gender, Status, and Domestic Violence, by Kristin L. Anderson she discusses many issues related to domestic violence. In her article she talks about social economic status and how it can affect domestic violence. The section on social class begins with how gender and social class play very big roles with each other, or how each social class helps determine the resources available to men for the construction f masculinity (Anderson, 1995). Anderson begins with the working and lower class and how their position they hold at work lacks power and authority. This can lead to violence in the home because they search for positions of power in other aspects of their life. And many times the search for power and masculinity starts in their home life. This could be one explanation for the cause of domestic violence among low income social class. It is very clear that society even thought changing for the better over the years, still puts the man as the breadwinner of his family. And if a man annot produce for their family I agree with her that that will look for other places to find there masculinity and in some cases this is accomplished with violence against their partner. Next Anderson discusses middle and upper class together. She states with reference from another article that â€Å"Middle and upper class notions of masculinity focus on ambition, responsibility, and professional employment (Segal, society. The research done in this article shows that men or women with low income jobs and less resources are more likely to be violent in their home as a means to gain the lack of power in their life. Men who have fewer resources then there female partners will be more likely to commit domestic assault than the men with resources equal or greater than their female partners (Anderson, 1995). We can see for the research done by Anderson that she focuses on the reporting of violence. I would have like to have seen some numbers on education and or employment in ration to domestic violence. But it is clear and can be understood that men base their masculinity on their economic social status, and if that status is low they begin to search for other ways to gain power, and often that is in the means of domestic iolence against their partners. Social class plays a key role in everyday life of millions around the world. So it is clear that social class would play a role in domestic violence. Knowing that domestic violence knows no boundaries it is correct to say that wealth does not protect against violence. In the article Economic stress and Domestic Violence by Claire M. Renzetti from the National Online Resource Center on Violence against Women, they bring social class and domestic violence into clear view. One discussion in the article which we have to take into account when looking at social class and domestic violence is ell put when she stats â€Å"the data we have about domestic violence comes from samples to which researchers have greatest access, such as individuals who use social services and these individuals are more likely to have low incomes† (Renzetti, 2009). With this in mind it is clear to see why there are so many articles on low income violence. As she states from a study done by Benson and Fox (2003) from analyzing data from the National Survey of Household and Families, the family income increases the likelihood of domestic violence decrease. It is becoming clearer hat even though we know that domestic violence knows no social class, The National Crime Victimization Survey reports the chance of violence in a low income household is five times great then the households with the highest incomes (Renzetti, 2009). As stated earlier it seems that the relation to domestic violence and employment takes a big part of the problem with violence among the social classes. In the article by Anderson early discuss she makes it clear that the feeling of power is directly related to the males economic standing. Renzetti state that sever studies have documented hey deliberate sabotage to their partners efforts to maintain paid employment (2009). We can tie that back to how males base their masculinity and power on their economic status. Women have reported that their attempts to obtain paid employment outside their homes only aggravated their partners. It is becoming clear that men see power in being the main provider in the house and to lose some of that power is demining in some ways, and can result in violence against their partners. She references an article by Bush (2003) say that paid employment if a female intimate partner is threatening for some men, especially men who are unemployed r in low paying Jobs. Renzitti states that some researchers have argued that social class has a greater influence on domestic violence risk than race/ethnicity, and that even the social class of your neighborhood plays into account. Disadvantaged neighborhoods domestic violence rates are significantly higher in neighborhoods By now it is clear that there is a relation between social class and domestic violence. In domestic violence, sexual assault and stalking by Walby & Allen (2004) they discuss how it could be the domestic violence that is causing the low economical status. This is a little broader thinking then our other authors but still Walby & Allen tie mans need for masculinity and power into the equation. But first to look how they discuss domestic violence as the cause for low social status, the lack of economic resources is clearly associated with domestic violence against women. But it is how we see one leading to the other that they discuss. Walby & Allen purpose that maybe it is the other way around. For example that poverty and low social status are the consequences of domestic violence. Women who leave behind their homes and partners in order to escape violence will be much more ikely to be poorer as a consequence of the loss of their home and of their partner’s income (Walby &Allen, 2004). This is a new concept to think about but can easily be seen as possible. From what we have learned low income family are more prone to domestic violence, it is clear to see if the victim does get out of this relationship they have no means of economic support. In return this Just keeps them in poverty and most likely sinks them deeper down the status pool of the world. As Walby & Allen (2004) report that â€Å"eventually making their way back into the abusive elationship because they have no economic support. It seems that the affect that social class and domestic violence have on each other is a never ending cycle. As we found in the research social class plays a big part in domestic violence and in some cases domestic violence plays a big part in social class. Whichever way that you look at it one constant held true across all of the articles, this being that men have been socially constructed by society to have to have the need for power in relationships. And when that power is l acking and they feel there masculinity is in eopardy we see domestic violence. Now a lot of the focus of the articles was on the lower class, showing that the economic stress had a direct relation to man and the need for power. We need to understand that the lower social status groups are not the only ones with a domestic violence problem. Like I said earlier domestic violence can happen across any social class, rich or poor. Most of the research that is done focuses on women in poverty because that is where the easy samples are. We know that there is a problem there, we need to move on to research that examines women ofa higher social standing. When we open up to who is we look at then we will begin to get a real grasp on the social class and domestic violence issue. Now I know that that depends on if they are willing to report, but that is a whole different topic for a different day. We have to be careful not to stereotype individuals into this field Just because of the economic standing, but it is clear that social class and domestic violence show a clear and direct relation with each other.

Literary Genre

Literature (from Latin litteraetantri (plural); letter) is the art of written works, and is not bound to published sources (although, under circumstances unpublished sources can be exempt). Literally translated, the word literature means â€Å"acquaintance with letters† (as in the â€Å"arts and letters†). The two major classification of literature are poetry and prose. â€Å"Literature† is sometimes differentiated from popular and ephemeral classes of writing.Terms such as â€Å"literary fiction† and â€Å"literary merit† are used to distinguish individual works as art-literature rather than vernacular writing, and some critics exclude works from being â€Å"literary†, for example, on grounds of weak or faulty style, use of slang, poor characterization and shallow or contrived construction. Others exclude all genres such as romance, crime and mystery, science fiction, horror and fantasy. Pop lyrics, which are not technically a written medium at all, have also been drawn into this controversy.POETRY A poem is a composition written in verse (although verse has been equally used for epic and dramatic fiction). Poems rely heavily on imagery, precise word choice, and metaphor; they may take the form of measures consisting of patterns of stresses (metric feet) or of patterns of different-length syllables (as in classical prosody); and they may or may not utilize rhyme. Relaxation Through Poetry is a tool used to help someone relax in times of stress. One cannot readily characterize poetry precisely.Typically though, poetry as a form of literature makes some significant use of the formal properties of the words it uses – the properties of the written or spoken form of the words, independent of their meaning. Meter depends on syllables and on rhythms of speech; rhyme and alliteration depend on the sounds of words. Arguably, poetry pre-dates other forms of literature. Early examples include the Sumerian Epic of Gilgamesh (dated from around 2700 B. C. ), parts of the Bible, the surviving works of Homer (the Iliad and the Odyssey), and the Indian epics Ramayana and Mahabharata.In cultures based primarily on oral traditions the formal characteristics of poetry often have a mnemonic function, and important texts: legal, genealogical or moral, for example, may appear first in verse form. Some poetry uses specific forms. Examples include the haiku, the limerick, and the sonnet. A traditional haiku written in Japanese relate to nature, contain seventeen onji (syllables), distributed over three lines in groups of five, seven, and five, and should also have a kigo, a specific word indicating a season.A limerick has five lines, with a rhyme scheme of AABBA, and line lengths of 3,3,2,2,3 stressed syllables. It traditionally has a less reverent attitude towards nature. Poetry not adhering to a formal poetic structure is called â€Å"free verse† Language and tradition dictate some poetic norms: Persian p oetry always rhymes, Greek poetry rarely rhymes, Italian or French poetry often does, English and German poetry can go either way. Perhaps the most paradigmatic style of English poetry, blank verse, as exemplified in works by Shakespeare and Milton, consists of unrhymed iambic pentameters.Some languages prefer longer lines; some shorter ones. Some of these conventions result from the ease of fitting a specific language's vocabulary and grammar into certain structures, rather than into others; for example, some languages contain more rhyming words than others, or typically have longer words. Other structural conventions come about as the result of historical accidents, where many speakers of a language associate good poetry with a verse form preferred by a particular skilled or popular poet. Works for theatre (see below) traditionally took verse form.This has now become rare outside opera and musicals, although many would argue that the language of drama remains intrinsically poetic. In recent years, digital poetry has arisen that takes advantage of the artistic, publishing, and synthetic qualities of digital media. An essay consists of a discussion of a topic from an author's personal point of view, exemplified by works by Michel de Montaigne or by Charles Lamb. ‘Essay' in English derives from ‘attempt. ‘ Thus, one can find open-ended, provocative and/or inconclusive essays.The term â€Å"essays† first applied to the self-reflective musings of Michel de Montaigne–even today he has a reputation as the father of this literary form. Genres related to the essay may include: †¢the memoir, telling the story of an author's life from the author's personal point of view †¢the epistle: usually a formal, didactic, or elegant letter. †¢works by Lady Murasaki[citation needed], the Arabic Hayy ibn Yaqdhan by Ibn Tufail, the Arabic Theologus Autodidactus by Ibn al-Nafis, and the Chinese Romance of the Three Kingdoms by Luo Guanz hong[citation needed].Early novels in Europe did not count as significant litera perhaps because â€Å"mere† prose writing seemed easy and unimportant. It has become clear, however, that prose writing can provide aesthetic pleasure without adhering to poetic forms. Additionally, the freedom authors gain in not having to concern themselves with verse structure translates often into a more complex plot or into one richer in precise detail than one typically finds even in narrative poetry. This freedom also allows an author to experiment with many different literary and presentation styles—including poetry—in the scope of a single novel.Other prose literature Philosophical, historical, journalistic, legal and scientific writings are traditionally ranked as literature. They offer some of the oldest prose writings in existence; novels and prose stories earned the names â€Å"fiction† to distinguish them from factual writing or nonfiction, which writers histori cally have crafted in prose. Natural science As advances and specialization have made new scientific research inaccessible to most audiences, the â€Å"literary† nature of science writing has become less pronounced over the last two centuries. Now, science appears mostly in journals.Scientific works of Aristotle, Copernicus, and Newton still possess great value, but since the science in them has largely become outdated, they no longer serve for scientific instruction. Yet, they remain too technical to sit well in most programmes of literary study. Outside of â€Å"history of science† programmes, students rarely read such works. Philosophy Philosophy, too, has become an increasingly academic discipline. More of its practitioners lament this situation than occurs with the sciences; nonetheless most new philosophical work appears in academic journals.Major philosophers through history—Plato, Aristotle, Augustine, Descartes, Kierkegaard, Nietzsche—have become as canonical as any writers. Some recent philosophy works are argued to merit the title â€Å"literature†, such as some of the works by Simon Blackburn; but much of it does not, and some areas, such as logic, have become extremely technical to a degree similar to that of mathematics. History A great deal of historical writing ranks as literature, particularly the genre known as creative nonfiction. So can a great deal of journalism, such as literary journalism.However these areas have become extremely large, and often have a primarily utilitarian purpose: to record data or convey immediate information. As a result the writing in these fields often lacks a literary quality, although it often and in its better moments has that quality. Major â€Å"literary† historians include Herodotus, Thucydides and Procopius, all of whom count as canonical literary figures. Law Law offers a less clear case. Some writings of Plato and Aristotle, or even the early parts of the Bible, m ight count as legal literature.The law tables of Hammurabi of Babylon might count. Roman civil law as codified in the Corpus Juris Civilis during the reign of Justinian I of the Byzantine Empire has a reputation as significant literature. The founding documents of many countries, including Constitutions and Law Codes, can count as literature; however, most legal writings rarely exhibit much literary merit, as they tend to be rather garrulous. Drama A play or drama offers another classical literary form that has continued to evolve over the years.It generally comprises chiefly dialogue between characters, and usually aims at dramatic / theatrical performance (see theatre) rather than at reading. During the 18th and 19th centuries, opera developed as a combination of poetry, drama, and music. Nearly all drama took verse form until comparatively recently. Shakespeare could be considered drama. Romeo and Juliet, for example, is a classic romantic drama generally accepted as literature. Greek drama exemplifies the earliest form of drama of which we have substantial knowledge.Tragedy, as a dramatic genre, developed as a performance associated with religious and civic festivals, typically enacting or developing upon well-known historical or mythological themes. Tragedies generally presented very serious themes. With the advent of newer technologies, scripts written for non-stage media have been added to this form. War of the Worlds (radio) in 1938 saw the advent of literature written for radio broadcast, and many works of Drama have been adapted for film or television. Conversely, television, film, and radio literature have been adapted to printed or electronic media.Oral literature The term oral literature refers not to written, but to oral traditions, which includes different types of epic, poetry and drama, folktales, ballads. However the use of this oxymoron is controversial and not generally accepted by the scientific community. Some prefer to avoid the etymolog ical question using â€Å"oral narrative tradition†, â€Å"oral sacred tradition†, â€Å"oral poetry† or directly using epics or poetry (terms that no necessarily imply writing), others prefer to create neologisms as orature.

Evaluation of an iq test essays

Evaluation of an iq test essays Evaluation of an IQ test : Analysing the Reliability and Validity of the Psygat This study involved the examination of a newly developed intelligence test, the Psygat, in order to assess its reliability and construct validity. A group of 268 psychology students, with an average age of 22.37 were asked to complete the Psygat tests after completing two other intelligence tests, a Culture Fair test and a Verbal IQ test. The results of the Psygat were then analysed for internal reliability through a split half analysis based on age. The construct validity of the Psygat was examined through the analysis of the test scores against the other two intelligence tests. The hypothesis that the test would show significant internal reliability as well construct validity when measured against the other two tests was supported, although inconsistencies with the Culture Fair IQ test were detected for the younger age group. It was concluded that the evidence suggests that the Psygat is a test that could be validly used as an assessment of verbal intelligence, but further investi gation is required regarding the tests use for the assessment of culture fair parameters. While countless intelligence tests have been developed over the last century, the need for strict policing over the construction and administration of tests in order to prevent misuse has been well established. As far back as 1944 Lawson (1944,1992) identified significant problems with the construction and use of intelligence tests and proposed strict guidelines. Since then, the number of tests in common use has increased dramatically, with their importance in the functioning of the community being advanced considerably. However, despite the best efforts of the international psychology community, concern has been growing in recent years over the misuse of psychological testing, including intelligence tests (Turner et al, 2001, Daniel 1997), with at least some of this concern being dire...

Global Capitalization essays

Global Capitalization essays Subsequent to the signing of the Peace of Westphalia in 1648, a strong theory of a modern state emerged. The concept relied deeply upon the establishment of three principals explained by James Lee Ray. Obtaining a modern state depended on, first and foremost, territory. The image of a territory with fixed borders having an apparent national identity with in them (Class notes 10/23). A vast campus that in comparison to another holds unique characteristics and shows diversity. Principal two is the demanding need for nationalistic loyalty. In other words it was found a necessity to obtain and practice faithfulness for your encompassed land. Modern States relied upon the people as nationalistic motivators to uphold it as a nation. Devotedness of the people is characteristic of a modern state (Class notes 10/23). Nationalism is an inspiration to fight and die, to take the risk for your territory. The third, and perhaps the most definable element of a modern state, is respect fo r sovereignty. For an idealistic state, admiration for the supreme law of the land is a necessity. The source of sovereignty lies in the people and their confidence, dependence, recognition, loyalty, and respect for their chosen government. Sovereignty gives a select people in a distinguished place the ability to have the final say based on the needs and wants of the people with in. This all creating a headquarters of decision making for the territory, with all its alleged loyalty. Due to the rise and expansion of importance of the consumer economy, all of the terms defining a modern state and the ability to have one are threatened. The world has united together economically. Challenging our defined borders, our motivational nationalistic loyalty, and our admiration for sovereignty, the image of a powerful "modern state" has been over looked and seemingly forgotten. All in the name of the global consumer economy and the desirable need to be on the...