Sunday, December 8, 2019
Question: Discuss about the Law Of Business Corporate. Answer: Directing mind and will A company is not a natural person. It is an artificial person which is incorporated by its members the company has a separate legal entity and rights and duties like a natural person which are different from his members but simultaneously it can merely perform through its members. The key personnels of the company are known as directors who regulate the company and considered as mind and will of the company. Their capability to tie a company originates from the contract of the agency. Through the express actual authority, implicit actual control or apparent authority An employee can also bind the corporation. If an employee of the company has taken an action beyond its power, but the corporation desire to be tied to the act of the employee, such company can give approval to such act of the employee. The Western Australian Supreme Court recently gave the decision related to a key personnels liability for the action of the company in situations where the company was prosecuted by investors that lost their assets in an investment plan (Sugarloaf Hill Nominees Pty Ltd v Rewards Projects Ltd(2011)WASC). The Supreme Court of Victoria held that the senior person is the directing mind and will of a company whose power is derivative from the company's board of directors who will perform for the company and for the interest of the company or any employee can be the companies mind and will if such employee performs under the authority (ABC Development Learning Centres Pty Ltd v Wallace(2006)VSC 171). Lifting theCorporateVeil A corporation has distinguished legal personality and they cannot be entitled to the liabilities of the company, not more than its stake( SalomonvASalomonandCoLtd(1897) AC22) But simultaneously, a company a juristic person whose all the decisions are taken are by its directors and stakeholders. In the case of lifting the corporate veil, the court struck down the limited liability part and held all directors and shareholders of the company individually liable for companys activities. The court did not consider the separate personality of the company and make the stakeholders responsible for the act of such body like such activities were done by the stakeholders. The piercing and lifting of the corporate veil are different processes in which piercing is considering the right and responsibility of company as stakeholders rights and responsibility. Lifting is observing beyond the company to identifying the stakeholders, for the lawful purpose (AtlasMaritimeCoSAvAvalonMaritimeLtd(No1)(199 1)4AllER769) The need of such process known as lifting the corporate veil came into existence because the company was using corporate veil as a shield to defend themselves. The reasons behind piercing the corporate veil contain recognition of actual owners, deception, injustice, and observing members liability when the responsibility arises. In the current instance, the court has laid down the need of the doctrine of piercing of corporate veil to reduce the cases related to fraud where members of the company are using limited liability clause as a shield (PrestvPetrodelResourcesLtd(2013)2AC415.) References ABC Development Learning Centres Pty Ltd v Wallace(2006)VSC 171 Sugarloaf Hill Nominees Pty Ltd v Rewards Projects Ltd(2011)WASC SalomonvASalomonandCoLtd(1897) AC22PrestvPetrodelResourcesLtd(2013)2AC415.AtlasMaritimeCoSAvAvalonMaritimeLtd(No1)(1991)4AllER769.
Saturday, November 30, 2019
Ufo's: Fact Or Myth? Deep Throat: A military UFO? Mr. Mulder, why are those like yourself, who believe in the existence of extra terrestrial life on this Earth, not dissuaded by all the evidence to the contrary? Mulder: Because, all the evidence to the contrary, is not entirely dissuasive. Deep Throat: Precisely. Mulder: They're here, aren't they? Deep Throat: Mr. Mulder, they've been here for a long, long time. Said on the hit show The X-Files. Writ. And prod. Chris Carter (FOX) Radars pick up strange signals everyday and some of the spacecraft are not recognizable. Are there strange crafts from outer space carrying little green men, or are they special government crafts, remained to be kept a secret? Maybe both. Who really knows for sure? UFO's, unidentified flying objects, are a curiosity to all of us, even if you don't believe they exist. UFO's first appeared over 103 years ago. (Andy 28) A craft apparently crashed into a windmill tower and exploded in Aurora, Texas. Some of the material that was recovered had strange hieroglyphic symbols on it. Since 1897, there have been thousands of sightings all over the world. From California to New Zealand and Sicily. The most famous crash in UFO history was the crash in Roswell, New Mexico in 1947, in which an Army base issued a press release saying it had found a flying disk. (Fox 48) There are about 500 residents who are still living who reportedly witnessed the alleged alien spacecraft crash in New Mexico. The Army originally said the Roswell incident was the result of a radar reflector from a weather balloon hitting the Earth. (Associated Press A.6) The government later admitted the explanation was false, but refused to say what had happened. Five bodies were removed from the craft and they were described as small with large heads with skin an orange/yellow color. The Army found strange debris which consisted of a foil like substance, balsa wood like beams, and a strange sort of string, which the sheep would not go near. (Andy 30) Forty-nine percent of the people polled in a current Life poll think that the U.S. Government is withholding information from the public about the existence of UFO's. (Fox 56) The U.S. Government has been trying to debunk any existence of UFO's. There have been hundreds of requests made by the government in order to learn more about these alleged UFO's, for instance, the Freedom of Information Act Requests, which have requested all documents pertaining to Unidentified Flying Objects or the UFO phenomenon and all documents pertaining to Unidentified Aerial Objects, or UAO's. (Greenwald 3) Have you ever had memory lapses? Strange markings on your body you've never seen before? You might have the symptoms of an alien abductee. Many psychiatrists think alien abduction is actually sleep paralysis, hundreds claim they've had experiences similar to alien abduction. (Fox 54) People who have actually claimed that they have been abducted, don't think that's always the case. On November 5, 1975, a group of loggers who were exploring the mountains of northern Arizona observed a strange, bright light in the sky. They drove closer, to take a closer look at the craft. One of the loggers, Travis Walton, got out of the truck and as he walked toward the object, he was struck by a beam of light. His friend, Mike Rogers, thought that he was dead and fled in fear. After driving for a short distance, the other workers in the truck forced him to go back and look for Travis. When they got there, there was no sign of the object or Travis. They reported the encounter to the police the next day and the police thought that they had made up the story to cover-up the murder of Travis Walton. For five days, the authorities mounted a manhunt in search of Travis or his body. The police requested that the men take a polygraph test to clear their names. The first test was inconclusive, but the second said that they were, in fact, telling the truth. (Kosmo 5) On November 10th, five days after the abduction, Travis's brother-in-law received a phone call from Travis and he went to pick him up a few miles outside of
Tuesday, November 26, 2019
Angela's ashes style essay essays Angelas Ashes is an autobiographical memoir written by Frank McCourt about his childhood from his infant years in Brooklyn, through his adolescence in Limmerick, Ireland and his return to America at the age of nineteen. This novel is characterized by various aspect of style. McCourt uses rhetorical devices such as repetition and bombast to good effect, he uses irony especially when depicting the juvenile Frankie. His style is also characterized by a colloquial which is important to the realism of the text. A richly irony style typifies much of McCourts prose. McCourt uses irony which is use of the humorous words to imply the opposite of their actual meaning; when a straightforward statement is undermined by its context to provide a different significance. Like for example when Frankie gets confused about his birth, it creates a gloomy atmosphere. But because of McCourts use of irony, it creates humor that alleviates the gloom. McCourts style is also characterized by the use of repetition. Repetition is usually used for emphasis and McCourt uses this style of writing to give us a strong feeling of his state of mind at a particular point of his life especially through his suffering childhood full of poverty and sadness. It was of course, a miserable childhood; the happy childhood is hardly worth your while. Worse than the ordinary miserable childhood is the miserable childhood and worse yet is the miserable Irish catholic childhood. McCourts use of repetition pf the word miserable lets the readers know that McCourts memory of his childhood is only full of miserable events such as his brother and sisters death and being raised by a drunkard father who is obsessed with being patriotic and always questioning his son, Youll die for Ireland, wont you son? ...
Friday, November 22, 2019
3 Types of Sexual Life Cycles - Evolution One of the properties of life is the ability to reproduce to create offspring that can carry on the genetics of the parent or parentsÃ to the following generations. Living organisms can accomplish this by reproducing in one of two ways. Some species use asexual reproduction to make offspring, while others reproduce using sexual reproduction. While each mechanism has its pros and its cons, whether or not a parent needs a partner to reproduce or it can make offspring on its own are both valid ways to carry on the species. Different kinds of eukaryotic organisms that undergo sexual reproductionÃ have different types of sexual life cycles. These life cycles determine how the organism will not only make its offspring but also how the cells within the multicellular organism will reproduce themselves. The sexual life cycle determinesÃ how many sets of chromosomes each cell in the organismÃ will have. Diplontic Life Cycle A diploid cell is a type of eukaryotic cell that has 2 sets of chromosomes. Usually, these sets are a genetic mixture of both the male and female parent. One set of the chromosomes comes from the mother and one set comes from the father. This allows a nice mixture of the genetics of both parents and increases diversity of traits in the gene pool for natural selection to work on. In a diplontic life cycle, the majority of the organisms life is spent with most of the cells in the body being diploid. The only cells that have half the number of chromosomes, or are haploid, are the gametes (sex cells). Most organisms that have a diplontic life cycle start from the fusion of two haploid gametes. One of the gametes comes from a female and the other from the male. This coming together of the sex cells creates a diploid cell called a zygote. Since the diplontic life cycle keeps most of the body cells as diploid, mitosis can happen to split the zygote and continue splitting future generations of cells. Before mitosis can happen, the cells DNA is duplicated to make sure the daughter cells have two full sets of chromosomes that are identical to each other. The only haploid cells that happen during a diplontic life cycle are gametes. Therefore, mitosis cannot be used to make the gametes. Instead, the process of meiosis is what creates the haploid gametes from the diploid cells in the body. This ensures that the gametes will have only one set of chromosomes, so when they fuse again during sexual reproduction, the resulting zygote will have the two sets of chromosomes of a normal diploid cell. Most animals, including humans, have a diplontic sexual life cycle. Haplontic Life Cycle Cells that spend the majority of their lives in a haploid phase are considered to have a haplontic sexual life cycle. In fact, organisms that have a haplontic life cycle are only composed of a diploid cell when they are zygotes. Just like in the diplontic life cycle, a haploidÃ gamete from a female and a haploid gamete from a male will fuse to make a diploid zygote. However, that is the only diploid cell in the entire haplontic life cycle.Ã The zygote undergoes meiosis at its first division to create daughter cells that have half the number of chromosomes compared to the zygote. After that division, all of the now haploid cells in the organism undergo mitosis in future cell divisions to create more haploid cells. This continues on for the organisms entire life cycle. When it is time to sexually reproduce, the gametes are already haploid and can just fuse with another organisms haploid gamete to form the zygote of the offspring. Examples of organisms that live a haplontic sexual life cycle include fungi, some protists, and some plants. Alternation of Generations The final type of sexual life cycle is a kind of mix of the two previous types. Called alternation of generations, the organism spends about half of its life in a haplontic life cycle and the other half of its life in a diplontic life cycle. Like the haplontic and diplontic life cycles, organisms that have an alternation of generations sexual life cycle begin life as a diploid zygote formed from the fusion of haploid gametes from a male and a female. The zygote can then either undergo mitosis and enter its diploid phase, or perform meiosis and become haploid cells. The resulting diploid cells are called sporophytes and the haploid cells are called gametophytes. The cells will continue to do mitosis and split in whichever phase they enter and create more cells for growth and repair. Gametophytes can then once again fuse to become a diploid zygote of the offspring. Most plants live the alternation of generations sexual life cycle.
Thursday, November 21, 2019
Visual Arts and Design Assignment in The Engineering II building in UC Santa Barbara - Essay Example Ã The buildingÃ¢â¬â¢s interior design provides the essential space that the university would require in addressing congestion through the provision of conference rooms, lecture halls, and staffrooms (Foulsham 1). The buildingÃ¢â¬â¢s architectural design coincides with the use of energy efficient facilities that reduce the exploitation of the non-renewable energy sources; hence, it is renowned for its conservative measures. Further, the buildingÃ¢â¬â¢s engineers used the recommended materials to make the worldÃ¢â¬â¢s greenest public facility. The essence of evaluating the buildingÃ¢â¬â¢s inclusion of solar panels on the dome emanate from the societyÃ¢â¬â¢s emphasis that the mankind should adopt renewable energy sources in order to avoid the risk of pollution from non-renewable energy sources. The Engineering II buildingÃ¢â¬â¢s construction process adhered to the institutionÃ¢â¬â¢s mission that fosters the need of its constituents to apply eco-friendly measures in order to safeguard the future outcomes (Foulsham 1). For example, the facilityÃ¢â¬â¢s architectural design reduced the use of electricity by 36 percent for every square foot of its space. Arguably, the plumbing team in stalled a natural gas system that would suppress the units consumed at a rate of 15 percent compared to the previous year. Despite the institution bordering the stateÃ¢â¬â¢s coastline, the artistic buildingÃ¢â¬â¢s drainage facility evokes the understanding that its drainage system instills the environmentally conservative measures, which reduce the risk of pollution. Another architectural aspect, which is evident in the buildingÃ¢â¬â¢s interior design, is the utilization of space to serve the engineering departmentÃ¢â¬â¢s teachers and students.Ã Ã
Tuesday, November 19, 2019
Advantages Of Learning Abroad And Methods Of Getting Grants - Essay Example The reason why I was being offered this once-in-a-lifetime experience was due to my good grades at my local high school. What made this offer even more exciting was that my school would take care of all of my expenses during my time in London. Once I found out, I immediately knew that I would go there if I was allowed to. My parents, especially my father, were very strict and did not like to let me out of their sights at all. To prepare for the inevitable explanation to my parents, I first tried breaking the news to my younger sister. Her response was one of amazementÃ¢â¬âI could sense that she felt jealous about the tremendous opportunity that I had. She encouraged me to tell our parents as soon as possible so that they would have more time to prepare themselves for it. I concurred with her assessment and decided that I would tell them when I next had the opportunity to speak with them. Later that night, I sat the whole family down in one place and told them of my exciting news. Surprisingly, both of my parents seemed remarkably relaxed about the whole thing. They even offered to give me spending money during my time away! At the sound of this, I felt heartened that this was the right move for me at this stage in my life. When I first arrived at Gatwick Airport in London, I had someone waiting to pick me up, even though I had never personally met them before. Back in Dubai, I was assigned a host family that would take care of me during my stay in London. As it turned out, it was not really a family that I would stay with; an old lady and two dogs ended up looking after me. The first couple of days were quite tough for me both physically and socially. As I came from the heat of Dubai, I was not used to the cold London weather. It was just my bad luck that I had come in winter! Also, the accents of the local people were quite hard to understand, so most of the time I just smiled and nodded at them.
Saturday, November 16, 2019
Freedom of Marriage Essay The reasoning of any just law is meant to be rational and, moreover, fair. However, the government has failed to recognize the rights of many American citizens because they do not conform to societyÃ¢â¬â¢s stereotypical standards. In a nation founded on freedom, have todayÃ¢â¬â¢s citizens evolved into narrow-minded drones that bind minorities into what they believe are the Ã¢â¬Å"correctÃ¢â¬ moral standards? Have the basic freedoms guaranteed by our forefathers been stripped away in order to protect the strict moral codes society has placed upon itself. Same-sex marriage should be legal because it is discriminatory to deny homosexual couples the same rights as heterosexual couples. The illegalization of same-sex marriage excludes gay couples from the same financial marital benefits guaranteed to married heterosexuals. The denying of these rights is no longer a decision to be made by the U. S. government as religious beliefs are strongly imbedded in the ceremony of marriage. Contrary to common beliefs, the legalization of same-sex marriage has not degraded the traditional values associated with a marriage. The constitutional right of marriage is currently being denied to many American citizens. The actions of many have contributed to discrimination against a minority who deserve their birthright as American citizens to join in homosexual unions. Exclusion of marital benefits from homosexual couples contributes to the large financial strain of being gay. Taxation relief, family health care benefits, social security spousal benefits, and inheritance rights all lessen the financial burden on married heterosexual couples, but these benefits do not pertain to married homosexuals today. All of these benefits excluding same-sex couples lead to an exponentially higher cost of living. Ã¢â¬Å"In our worst case, the coupleÃ¢â¬â¢s lifetime cost of being gay was $467,562. But the number fell to $41,196 in the best case for a couple with significantly better health insurance, plus lower taxes and other costs. Ã¢â¬ (Siegel Bernard, Lieber) The numbers represent the discriminatory effects of illegalizing homosexual marriage. Ã¢â¬Å"Same-sex couples, become Ã¢â¬Å"strangersÃ¢â¬ to the basic rights of liberty and the pursuit of happiness, and re at risk for minority stress and its health consequences. Ã¢â¬ (Riggle, Thomas, Rostosky) In a country founded on equal rights, American laws pertaining to gay marriage necessitate punishment on individuals only seeking to gain a right heterosexuals already have. Religious beliefs present the most persuasive arguments against the legalization of gay marriage. The majority of religions strictly prohibit the union of homosexual couples as the union supposedly to defile the religious ceremony of marriage. Some may recognize the validity of this argument; however, the U. S. government should not be influenced by this religious defense when considering illegality of homosexual marriage. America was founded on the belief in freedom of religion, which is why 221 years ago the first amendment to the U. S. constitution restricted the government from having any religious affiliations. The amendment stands today as the overpowering counterpoint against illegalization of gay marriage due to religious conflicts. The government does not have the right to illegalize homosexual marriage based solely on religious prohibition of the practice. Many individuals believe that same-sex marriage will increase the already high divorce rates. This belief is propelled by the misconception that the institution of marriage will be weakened by the allowance of homosexual unions thus increasing leniency of divorce. Allowing same-sex marriage will not impair family values, but will instead generate a new family dynamic. This new model of a family will not affect the traditional aspects of a family; it will simply leave the option of same-sex marriage open. The derogatory affects of same-sex marriage in society are so minimal that, Ã¢â¬Å"In Massachusetts, which legalized gay marriage in 2004, the divorce rate has declined by 21 percent and is the lowest in the country by some margin. The state which experienced the highest increase in its divorce rate over the period (Alaska, 17. 2 percent) also happens to be the first one to have altered its constitution to prohibit same-sex marriage in 1998. (Silver) Based on these statistics, same-sex marriage will not be detrimental to society. Those opposing gay marriage often argue that a homosexual coupleÃ¢â¬â¢s inability to procreate is what makes them ineligible for marriage. It is obvious that is anatomically impossible for homosexual couples to reproduce, leading many to question the purpose of gay marriage if procreation is unfeasible. Ã¢â¬Å"Marriage was created to allow society to support heterosexual couples in procreation and society can choose not to give the same benefits to same-sex couples. (Jacobson) If marriageÃ¢â¬â¢s only purpose were to support reproduction, homosexual couples would have essentially no purpose for getting married. However, many successfully married heterosexual couples cannot reproduce because of incurable medical conditions. Without the ability to procreate, they would be fairly denied the right to marriage as well as homosexuals. Therefore, the argument presented is invalid because it does not address all couples without the ability to reproduce. The illegalization of same-sex marriage is to be determined by the value society places on fairness. Economically homosexual couples should receive the same compensations for being married as heterosexual couples are provided with. The resulting reimbursements would diminish financial struggles many homosexual couples encounter over the course of their lifetime. Spiritually gay couples deserve the right to freely exhibit their sexual desires without any discriminatory actions expressed by religious followers. Furthermore, the government should not consider these religious beliefs when determining the laws restricting oneÃ¢â¬â¢s one right to participate in a homosexual marriage. Although many believe that the allowance of gay marriage will directly result in higher divorce rates, the freedom to be in a gay marriage has shown no direct correlation to divorce rates in stateÃ¢â¬â¢s granting gay marriage. The illegalization of gay marriage is discriminatory against a minority of American citizens whose only desire is to be given the same rights as heterosexuals. The prejudice opinions opposing gay couples must be set aside in order for homosexuals to receive the benefits they fairly deserve.