Lecture Notes Beowulf Essay

Genre A heroic folk epic rooted in the oral tradition of the Anglo Saxons, Beowulf is an anonymous poem committed to paper by an unknown Christian monk in 1000 Common Era, some 300 years after it was first composed. The manuscript is part of a document known as Cotton Vitellus A housed in a British Library. Beowulf belongs to the epic genre of long, narrative poems dealing with heroic deeds against a background of war and the supernatural and themes of grandeur and significance. Full of legendary myths and somber, elegiac cadences, it has been composed in the Anglo Saxon vernacular and can be classed amongst other great epics such as the Illiad, Odyssey, Aenied and Paradise Lost to name a few. The name Beowulf is a kenning, Bee-Hunter reflecting the warrior heritage of the central character Basic Plot The poem is eponymously named for its hero Bewoulf, a great warrior and later King, who sets out to rescue King Hrothgar and his people from the monster Grendel. During the course of the poem, we see Beowulf slaying first Grendel and then his revenge seeking mother. Beowulf’s final conflict takes place with the Dragon angered by the plundering of the treasure it is guarding. Structure of the Poem There are three prevailing views as to the structure of the poem: -the structure is defined by the three increasingly difficult conflicts Beowulf faces -the structure can also be viewed in terms of kingship for instance, young Beowulf and old Beowulf with a different set of problems to be faced during each phase -the structure is that of interlacing of memories with narratives of present, a cyclical process of action, memory and reflection Background Although the poem is rooted in the Anglo Saxon as well as early Christian traditions, it reflects two distinct value systems frequently at odds with each other. For instance, in line with its Anglo-Saxon origins, the poem celebrates the Germanic heroic code, which, exemplifying the pagan warrior culture, lays stress upon family ties, genealogy, immortality through fame and revenge for wrongs done to one’s kith and kin. It values ancestral heritage and individual reputation. Christianity, on the other hand, believes in immortality in terms of the afterlife and teaches that vengeance is best left to God. Bewoulf and Grendel Bewoulf is not just a warrior and king. He also serves as a cultural ideal and as an incarnation of Anglo Saxon values and beliefs. The ‘Cain-descended’ Grendel, with his innate desire to tear asunder whatever has integrity, represents chaos and disorder, in contrast to Bewoulf, who represents order and cosmos. Grendel is the ultimate exile. Unferth Unferth acts as a foil to Beowulf by accentuating through contrast the character of the latter. He redeems his earlier verbal taunting (flyting) of Beowulf by offering him his sword in a later conflict. Literary devices/techniques Litotes-understatement e. g, ‘Cain had no pleasure from that find’ Kenning-metaphorical descriptions combining two words to offer evocative alternative to original Caesura-a pause in the line of a poem Alliteration- In language, alliteration refers to the repetition of a particular sound in the first syllables of a series of words or phrases.

Law for Manager Essay

The partnership act 1890 governs the relationship of the persons and the outside world. And in respect of dissolution; if there is no partnership agreement, the partnership act set out the rights and duties of the partners. Such rights and duties (by act or agreement) may be varies by the consent of all partners. (S 19). ‘The relation which subsists between persons carrying on a business in common with a view to profit. ’ Under S24 (5) ‘in common’ means every partner has a say in the firm. The members are only liable for their subscription unless the partnership agreement says otherwise. Saywell V Rope [1979] the wives are not in the partnership as no evidence suggested. ‘Person’ includes a corporation as well as individuals. Companies can enter partnership. ‘With a view to profit’ means certain organisations are excluded. E. g. club or society has no view to profit. Pitreavie Golf Club V Penman [1934] creditor sue under partnership, held, Club’s motivation was to allow member to play not share in profit. ‘Business’ included every trade, occupation and profession. Keith Spicer Ltd V Mansell [1970] Claimant sue the partnership for debt owned, held, there were no partnership so claim failed. Because def carrying on business with no view to profit. It is important to determine whether a partnership exists. For tax reason. When acting in the course of business, the company will bind the other partners to outsiders. S. 24 right to share in profit, management, duties and faith since the arrangement is uberrimae fidei. S. 35 dissolution. If not acting in good faith then the court can dissolve the partnership. S. 28 duty to disclose, bond to render true account of all things affecting the partnership to any partners or their legal representatives. Law V Law [1905] – After the sales agreement there is a partnership asset that was not hidden from the account. But W had lost the right to avoid the contract as he takes the money while knowing disclosure had not made. Held: the agreement to sell shares is avoidable. The contract may be verbally, written or in deed. Basic: A partnership is not a company since it is not incorporated; therefore it has no legal personality separate from its members. Partnership may be implied by conduct where a ‘person holds himself out’ as being a partner. Then he will be liable for the debt incurred S. 4 Under the Rules of the Supreme Court 1965, the partners may be sued in the firm’s name. In KHAN & OTHERS V MIAH & OTHERS [2000] HL confirmed that partnership begins at the point of agreement, not the point when the trading starts. S. 5 each partner is an agent for the firm, has the power to bind the firm by his conduct. The partner is agent as far as he’s acting on the firm’s ordinary activities. Mercantile Credit Co V Garrod [1962] – G was sleeping partner and partnership agreement prohibited the sale of cars which P did. Held: G was bound by contract by virtue of S. making the contract was the doing of an ‘act for carrying on in the usual way business kind carried on by the firm. ’ S 29 (1) every partner must account to the firm for any benefit made by him from any transaction concerning the partnership, it property, name or business connection. Bentley V Craven [1853] C brought products at low price but sell them to the firm at wholesale rate. Held: C can’t retain the profit from these transaction and profit need to hand to the firms. C had used partnership asset, his position to make profit. No person may be introducing as a partner without the consent of all partners. Consent is implied by the other partner when they sign the article. Any different concerning the running of the business, it must be resolved by a majority vote of the partners. If a fundamental change is proposed, requires consent of all partners. S. 9 every partner is liable jointly with the other partner for all debts and obligation of the firm. The civil liability Act 1978 provided that judgement recovered against any person liable jointly with another, shall not be an action brought against the other. Business name. The firm’s name can’t be used to fraudulently imply that the business is identical with another business. A person’s business suffers in the same name/similar name may bring a ‘passing off’ action and obtain an injunction stopping the defendant. ANNABEL’S (BERKELEY SQUARE) Ltd . VG. SCHOEK[1972] S. 30 If any partner without the consent of the others, carries on business of the same nature as and competing with that of the firm, he must account for and pay over all profits made in that business. In the absence of any agreement to the contrary, a partner can carrying a non-competing business which does not involve the use of the firm’s property. Croft V Day [1843] Mr Day uses the same trade name as the other in the same street. Held: the injunction was granted preventing the new firm from trading under the name Day and Martin, the intention of the new firm was to deceive the public. Under S. 34 it is a c riminal offence for a partnership to use the word ‘limited or ‘ltd’ in its name. Partnership agreement terms: Name of partners; Date on the start and end of the partnership; How profit and loss being shared; How much may each partner draw monthly; At which bank the partner maintain its account; Principal asset; Submission of disputes to arbitration; The partnership is based on agreement and they are free to alter them. S. 9 say the decision may be made unanimously; a partnership can’t be formed for an illegal purpose. Types of partnership: 1) General partner takes active role in the daily management and has share in the loss and profit. 2) Sleeping partner contributes capital, take share in profit and liable for debt. But he does not take part in daily management. 3) A partner by holding out is not a true partner in the firm. He’s liable for financial obligation of the firm. MARTYN V GRAY [1863] Under S. 14 a person can become liable for debt if he by word or conduct represent or other to represent that he’s a partner. E. g. his name on the firm’ letter. ) Salaried partner is an employee becomes ‘holding out’, he received salary and bonus depends on the profit. The 1890 Act does not deal with them. 4) LLP is a member under the LLP Act 2000. Change of partners. The death of the partner may dissolve the partnership, but the agreement should allow the partnership continue between the other partners. On the death of the partner, the estate is not liable for debts incu rred after his death, even if the creditor was unaware of his death. S 17 (1) New partners are not liable for debts before they joint the partnership. The right to sue a new partner may be acquired by novation. Where an agreement between the creditor; the new agreement and the old firm is made, and the original contract is therefore discharged, and the new firm is accepting the liability for the debt. Byrne V Reid [1902] the claimant can introduce his son as partner when they are 21, held, other partner could not refuse because this is layout in the partnership agreement. The retirement of a partner: S. 17(2) He may be discharged from any existing liability by agreement (novation) between him, the firm and the creditors. Creditors are not force to accept novation and may still regard the retiring partner as liable for debt. The retiring partner can get compensation from the other partner. Under S. 36, the retiring partner will be liable for debt if: 1)To person dealt before his retirement unless given written notice that he’s no longer a partner or 2)To person who had no previous dealing with the firm before but know the composition before retirement. Unless the retirement person has given notice or had advertised in the London Gazette. Such notice is effective without consent. Liability for wrongs: 1)S 10 provides that any wrongful act or omission of any partner acting in the course of the business or with authority of co-partners. Any loss or injury is caused to person which is not a partner. The firm is liable to the same extent as the partner committing the wrong. This liability is jointly and several. 2) In HAMLYN V HOUSTON & Co [1905] a firm was liable to compensate a claimant where one of the partners had bribed a clerk employed by the claimant in order to obtain information about a rival’s business. 3) The firm will be vicariously liable for the torts committed by its employees in the course of their employment. 4) Lloyd V Grace, Smith & Co [1912]. Advantages of partnership: Uphold of capital, being responsible, share expertise, share resources, share profit and flexibility. Disadvantages of partnership: Conflict, jointly and severally liability, sharing debt/loss. Differences: 1) A company is a type of corporation, registered under company legislation. Company act 2006. The members of the company may have limited liability. The company’s debt belongs to the company not the shareholders, even if the company is insolvent. 2) A partnership is ‘the relationship which subsists between persons carrying a business with a view to profit. ’ S 1 Partnership act 1890. It’s an unincorporated association, having no separate legal personality from the partners. It may have firm’s name but not corporate status. Partners are responsible for the acts of the firm. Partners have unlimited liability and responsible for partnership’s debt. 3) LLP is registered at the companies’ house and received a certificate of incorporation. LLP is corporate bodies having separate personality from their members. LLP is personally liable to the third party for wrongful acts and might be liable in the insolvency. They are tax as partnership, flexible, trading disclose, accounting and filing similar to the company. They can also lend and raise floating charge. Perpetual succession 1) A company has perpetual succession; it is not affected by the death of the shareholders or change ownership of its shares. It continues to exist until it wound up by court/its members. 2) A partnership may be terminated on the death, retirement, bankruptcy or insanity of a partner. 3) LLP is incorporated, so not affected by the death etc. of a partner. His share may be inherited but the beneficiary will not be able to take part in management, only share in profit. A company has separate legal personality from its members. Salomon V Salomon & Co [1897], Lee V Lee’s air farm Ltd [1961], Macaura V Northern Insurance [1925], Cox V Coulsons [1916] – An actor shoot an audience in accident and claimant sue for damage in the partnership of the theatre (def) and theatrical company. Held: def is not in partnership with the actors company so not liable, neither of them are agent. Corporate veil can be lifted where there’s evidence of fraud/illegality. Gilford Motor Co V Horne [1933], Daimler Co Ltd V Continental Tyre Co [1916] (War time), Chandler V Cape Plc. Civil law-compensation; Criminal law –retribution/punishment. Lift corporate veil to target parent company; but difficult, usually subsidiary. Ownership; Separate ownership and management in a company; Small company has ownership and management in the hands of CEO; in a partnership there’s unity of ownership and control. All partners have right to management. Accounts; Company accounts have to be laid before the general meeting, published and audited. They are open to public inspection; Partnership accounts are not subject to public inspection and no need audited; LLP account need auditor’s report and have be sent annually to company’s house and to each member. Tax liability; Corporation tax paid on company’s profit, income tax by shareholders on dividend; Income tax is paid by partners as self-employed; LLP are tax as partnership. Shares. 1) Shares in listed companies re freely transferable. Private companies may impose restriction on transferring oh shares. Company can issue shares of different class with right attached to the shares. 2) A partners share is not freely transferable. New partner can be introduced with consent of all partners. In the absence of agreement, all partners have equal rights regarding the firm’s affairs and shares in capital, profit and losses. 3) a member of LLP may leave by agreement or by given notice. (S. 43 of the 2000 act) The firm is not dissolving on the departure of the member so no shares in the LLP’s assets. Unless agreement provides otherwise. Formalities: 1) To form a company requires registration to be complied with payment of fees. During lifetime of the company there are administrative formalities to be complied. Certain information (change of article/special resolution) need to submit to registrar. Information about a company’s affairs is readily available at company’s house or company’s registered office.  This also applies to LLP. 2) The formation of partnership has no legal requirement to be complied. But the business names act 1985 applies the partnership being based on agreement between the partners. No requirement for partnership except those affecting the business. E. g. registration for VAT, return of profit from HMRC. The public has no right to access material concerning partnership affairs. 3) LLP required submitting an annual return and accounts to companies’ house and keeping accounts in accordance with company legislation and daily records disclosing the financial position of the firm. The veil of incorporation, it was established in Salomon that a registered company is a legal person separate from its members. This principle may be referred to as ‘the veil of incorporation’. In general the law will not go behind the separate personality of the company to its members. Restated by Lightman J in Acatos and Hutcheson Plc V Watson [1995]. Principle of separate identity should be upheld unless there was a specific statutory provision or some other contractual term or common law principle to the contrary. Therefore, when the company is incorporated the veil of incorporation comes down, giving the company a separate legal personality from its members. Fraudulent trading, S. 213 of the insolvency act 1986: 1) If it appears that ‘any business of the company has been carried on with intent to defraud creditors of the company or of any other person, or for any fraudulent. 2) Purpose ‘it may order that ‘any persons who were knowingly parties to the carrying on of the business in the manner above mentioned are to be liable to make contributions to the company’s assets as the court thinks proper. 3) S. 993 CA 2006 Criminal offences of fraudulent trading. 3) High standard of proof. S213 of the IA 1986 provides that if in the winding up of a company it appears that the business has been carried on with the intent to defraud creditors or for any fraudulent purpose, the court, on the application of the liquidator, may declare that any persons who were knowingly parties to the fraudulent trading shall make such contributions to the company’s assets as the court thinks fit. ) S214 of the IA 1986 provides that where the liquidator of a company can show that D prior to liquidation, knew or ought to have known that there was no reasonable prospect that the company could avoid insolvent liquidation, and did not take steps to minimise the loss to creditors, the court may require D to make personal contribution to the company’s assets. Does not have to be dishonest, unreasonable behaviour or negligence. Reproduce Marketing Consortium Ltd [1989] Company become insolvent Ds directors were not dishonest but failed to take action. Held: the directors know that liquidation will occur, but fail to minimise loss during the disposal of assets. 5) S216 of the IA 1986 provides a criminal offence is committed. Directors or shadow directors during the 12 months prior to the company’s insolvent liquidation who concerns himself during the next 5 yrs in the formation or management of the business with a name similar to the earlier company. S 217 imposes personal liability on such a person for the debts and liabilities of the second company. Ricketts V AD Valorem Factors [2003]. ) Under S15 of the Company directors disqualification Act 1986, a person who has been disqualified continue acting in the management of a company will b e liable for the debts of the company contracted during that period. He can be guilty of a criminal offence under S13. Lifting the veil 1) Disqualified director. S. 15 of the company directors disqualification Act 1986, where disqualified from being a directors in contravention of disqualification. D liable for all debts of the company which were incurred when he was so acting. The same applies to the person who knowingly acts on the instructions of a disqualified person. ) S. 122(1) of the Insolvency Act 1986 petition to wind up a company on the grounds above. That it would be just and equitable to do so. For instance the court might look into why the company was formed. 3) Company name: S349 companies act 1985. E. g. directors or secretary issues or signs on behalf of the company, a bill of exchange or order for goods under the company’s name incorrectly stated; they are liable if the company defaults. 4) Penrose V Martyr [1858]-a company’s secretary accepts a ‘bill’ drawn on the company’s name on which the name was incorrectly written. The company defaulted. Held: The secretary was personally liable. 5) Trading certificate. Where no certificate has been obtained to enable a public company to commence trading, the directors commit a criminal offence and are personally liable to indemnify the other party for loss if the company defaults. However, failure to obtain the certificate does not affect the validity of any contract. Judgement. It is difficult to be precise about the circumstances when a judge will be prepared to lift the veil of incorporation. In Wolfson V Strathclyde Regional Council [1978] the COA laid down the principal that it is only permissible for a court to lift the veil where ‘special circumstances exist indicating that the company is a mere facade concealing the true facts. Gilford Motor Company Ltd V Horne [1933], Jones V Lipman [1962], DHN Ltd V Strathclyde RC [1978], Adams V Cape Industries Plc and Another [1991]. Judges lift veil to reveal fraud, sharp practice, oppression and illegality. Judge have lifted the veil in the: 1) Alien enemies. During war time, where a company is control by enemy aliens contract will be unenforceable by the company. A company registered in the UK may be an alien enemy if those in control to its affairs are alien enemies. Daimler Co. Ltd V Continental tyre and Rubber Co Ltd [1916]. 2) Where company is formed to enable persons to evade existing liability there’s abuse of company law. Gilford Motor Co Ltd Horne [1933] an ex employee was personally bound by a valid restraint of trade from approaching his former firm’s customers. He set up new company to solicit customers of his previous employer. Held: The Company was a mere sham to cloak the wrong doings of the director and the court grant the injunction against the new company as well as against him. ) Lord Denning as prepared to life the veil in Wallerstiner V Moir [1974] there was fraud surrounding the making of a loan to director. The company of which he was a director made a loan to another company which was his ‘puppet’, so the loan should be treated as made to him. 4) Interest of justice. Creasey V Breachwood Motors Ltd [1993] an employee successfully claimed unfair dismissal against a company to whom all the assets of the original company, owned by the same individuals, had been transferred. However, the corporate veil can only be pierced if there is some evidence of impropriety or fraud. 5) Conflict viewpoint. In Creasey V Breachwood Motors Ltd [1994] the judge said ‘the power of the court to lift the corporate veil exists. The authorities provide little guidance as to the circumstances in which this power is to be exercised. ’ However, in Williams V Natural Life Health Foods Ltd [1998] the HOL took the view that the corporate veil was sacrosanct and should only be lifted in the most exceptional circumstances. ) In Trustor AB V Smallbon [2001] the def, a managing director had transferred substantial sums to another company. The Chancery Division was prepared to pierce the veil and recognise the receipt by that company as that of the individual in control, because it was used as a device or facade to conceal the true fact. However, in the absence of impropriety or fraud the courts will not pierce the veil. 7) Corporate manslaughter. Gross negligence manslaug hter- is the veil lifted here? Is the veil lifted in case where corporate manslaughter is established?

Whistleblowing. Whistle Blowing Issues That a Potential Whistleblower Essay

Whistleblowing. Whistle Blowing Issues That a Potential Whistleblower Should Consider Before Blowing a Whistle in the Public Sector - Essay Example Secondly, he should consider whether the issue involves are a breach of legal obligation like a contractual obligation awarded to the said officer. Thirdly, the case should involve an issue where justice was not effectively and fairly awarded to a victim or a party. Fourthly, the case should be one involving an issue concerning the endangerment of the public like a health or war issue. Lastly, the whistle blower should consider the issue of the state’s security by revealing such information to various parties as it might lead to chaos and unrest among the public. A case example of whistle blowing against the public sector involves where an individuals notices some abnormities in the armed service recruitment process. An example is when the concerned armed service officials are not selecting individuals based on their qualifications, but based on bribes, tribalism, nepotism or favors given to them. The second example is when a public servant tasked with ministerial office uses the office for selfish materialist gains like engaging with unscrupulous dealers to provide the public with poor quality products whose origins and sale have not been certified with the body concerned with monitoring of goods sold to the public (Arszulowicz & Gasparski, 2011, 97). . The Wikileaks Case as Whistle Blowing Case In my opinion, Wikileaks case is a whistle blowing cases as evidenced in many issues being raised about the company by various individuals. Most cases being brought up by the company against individuals or companies always involves circumstances where various issues are being perpetrated against the citizens or an individual. An example is the PFC or the Bradley Manning case where he believed that the issues Wikileaks was whistle blowing on has the capability of plunging the country into a state of unrest or would jeopardize the security of the nation. This was an issue concerning the armed services and the whistleblower has every intention to believe that their activities would lead to an overkill of various civilians involved. Manning provided a video that killed numerous citizens in Baghdad to the public which showed them of the government’s irresponsibility in taking care of the civilians. In my views, this information revealed the government’s role in failing to deliver its legal obligation to protect the citizens even in times of emergency (Arszulowicz & Gasparski, 2011, 45). . The Pros and Cons of the False Claim Act That Offers Payment to Whistle Blowers False claim Act cases are known to offer payment to whistle blowers because it considers the whistle blower as a significant person in aiding in the process of justice to the citizens and various parties concerned. However, false claims acts have both advantages and disadvantages to the whistle blowers in numerous instances. Advantages The false claim offers a pay-out to the whistle blower as way of showing gratitude in revealing various unethical issues happening in various state departments or aiding in the process of finding justice to various helpless victims who are not capable of protecting themselves. Secondly, false claim act offers payment to the whistle blower by ensuring public safety for various concerned individuals and stakeholders. A whistle blower will feel satisfied because the issue he or she has raised was disturbing to him and that is why he decided to blow the whistle on various concerned officials. When concerned officials take responsibility of a disturbing issue confessed by a whistle blower, then the whistle blower feels that he or she is compensated as his worries are addressed. Thirdly, many

Answer question Essay Example | Topics and Well Written Essays - 1500 words

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Intro to Criminal Justice Module 5 online Essay Example | Topics and Well Written Essays - 500 words

Intro to Criminal Justice Module 5 online - Essay Example Among the courts is the appellate court belonging to the general court. The literature has revealed the Supreme Court together with the court of appeals as components of this category of courts. According to the source used, the Supreme Court is the premier court in Carolina. The fact that it has a chief justice is an evidence for its highness. The chief justice works in unison with several other justices (Www.nccourts.org 4). They together sit as a body in Raleigh with the sole aim of listening to cases appealed from courts such as the district, as well as the superior courts. The Supreme Court deals with cases of legal significance and does not have a jury. The decision they make after hearing these cases ought to be printed and distributed to diverse locations in outsized volumes. The fifteen judges comprising the court of appeals play a noteworthy role in hearing cases. The fifteen judges are normally in panels, and each of these panels has three judges. Similar to the Supreme Court, it also handles cases that also question the constitution. The main purpose for its formation was to reduce the faction of responsibilities accorded to the Supreme Court. Additionally, the court handles convictions concerned with death cases. North Carolina superior court is a different level of court that hears different cases from those heard by the two courts discussed above. This court has general jurisdiction (Www.nccourts.org 5). The state of Carolina is composed of several superior court districts endowed with the responsibility of handling matters allied to elections. This category of courts hears cases involving massive money such as $ 10, 000. Several other categories of cases heard in this court level include the corporate receiverships and injunctions. The establishment of North Carolina district courts was solely for administrative, as well as electoral reasons. This category of courts has authority over civil cases concerned with controversies in money, but

Public Economics Essay Example | Topics and Well Written Essays - 1250 words

Public Economics - Essay Example (a) According to Segura and Braun (2004, p.34), â€Å"a club good is a particular case of public good, which has the characteristics of excludability and non-rivalry (or partial non-rivalry, depending on the congestion).† It could never be a pure public good nor pure private good because it has the characteristic of least partly ‘rivalrousness’ and ‘excludability.’ Therefore, the usage of this good is exclusive for the club members (voluntary) and not for the good of the public, because if a good is already consumed by one of the members, the others will lose the opportunity, and the benefits are kept away from non-members (Murshed, 2010, p.153). The non-members are not allowed to assess, join and cooperate in the group because club members’ priority is to gain maximum utility over the certain goods. In other words, club goods are not public goods but they are a ‘quasi-public’ or partial public goods, for they are only made availab le to two or more individuals, and restricted or protected from the outsiders consumption or non-members that did not contribute to the club’s creation (Brummer, 2008). ... See for instance, a single individual will not have the capacity and the resources to build a club on its own, because it will shoulder the cost of the construction as well as the maintenance. Also, even if he did, the enjoyment will be more appreciated if it is shared to two or more people as long as the number of members did not detract the enjoyment of the other group members. A theory of club goods is â€Å"intrinsically bound up with issues of inclusion and exclusion, and hence, how members are selected and non-members excluded. This implies some notion of discrimination† (Crawford, 2006, p.121). â€Å"The important point here is that many government services are closer to the characteristics of club goods (or at least they are impure public goods) compared to pure public goods, particularly at the local level† (Murshed & Tadjoeddin, 2008, p.7). One of these services is higher education or universities which can be seen as a club good particularly the rising of the student tuition fees (Sandler & Tschirhart, 1997, p.336). Education itself is a club good because whose benefits are non-rival and non-excludable, thus it can be shared without detracting the availability of opportunity to other individuals. However, because of the rising student tuition fees poorer students would not be able to obtain the offered benefits of higher education, although it gives access to disadvantage students (Kershaw, 2010). This education that based on financial and not on academic ability is some kind of a restriction in the entry of poor bright students in an elite institutions or this can be considered discrimination. Withdrawal of the public funding would only make

Irish Immigrants and Scottish Society Essay Example | Topics and Well Written Essays - 1500 words

Irish Immigrants and Scottish Society - Essay Example The arrival of the large mass of Irish immigrants belonging to lower social classes and carrying no educational values, but only the desire to survive, made it difficult for both sides to coexist and found the basis of a new society. The immigrants brought with them the religious and ideological conflict between Catholics and Protestants and supplemented in this way a problem that haunted British history from early times. As Tom Devine discusses in his paper there is a major crisis that started with the first wave of immigrants who came from area belonging to what is nowadays the Republic of Ireland and who were mostly Catholics. In such conditions, generated by what should be interpreted as the fled from famine and not immigration per se, the identity of the Irish immigrants transformed itself in a very spectacular way. Their values that were founded on religious beliefs represented an impediment in the process of assimilation that was supposed to take place between the Scottish society and its values and the newly arrived. The differences between the Irish and the Scottish are not to be analyzed only in terms of religion, but also from a social perspective; the nineteenth century meant for Scotland industrialization, new means of work and production that were not present in the rural Ireland. Lack of systematization of work generated not only the difficulties related to food in Ireland, but it triggered problems such unemployment and lack of education and working skills. After the first wave of immigrants, in the years following 1800, the Irish who came to Scotland carried with them a different aspect of Irish identity and, as Tom Devine points out, the interaction with the Scots was starting to open new paths, and the relationship between the two waves of immigration unveiled the fact that there were significant differences of mentality between them and that in the first decades there has been an agrarian improvement in Ireland and that Protestants developed a different intellect and thus were able to cope better with the new social environment. Comparing the two movements, the first one, the Catholics, were driven to Scotland by famine, these people who formed in Ireland a crafting society changed their lives in a significant way, leaving behind their rural homelands and throwing them in the middle of a society that they could not cope with because they lacked industrial skills. However, their identity was not shattered immediately because of the pride they took as Catholics, without realizing that to be an Irish immigrant is not all about expressing a religious statement. The stubbornness and will to survive shaped both English and Irish identities and the experience generated even by these uneducated and ill people imposed new values in the British history. Nevertheless, their desire to permanently reinforce their beliefs and also to create the necessary institutions devoted to its practice helped them surpass their minimal organizational status and rise in time to that of the more evolved Scottish society. The Protestant Irish belonging to the second wave provided a change for the Scottish society and Irish

INTRODUCTION TO THE LEGAL ENVIRONMENT Assignment

INTRODUCTION TO THE LEGAL ENVIRONMENT - Assignment Example 2. According to the Constitutional Reform Act 2005, the highest court in England is now the Supreme Court (previously the House of Lords). It ranks the highest in heirarchy, followed by the Judicial Committee of the Privy Council, and then the Senior Courts of England and Wales which include the Court of Appeal, High Court and the Crown Court respectively. The doctrine of precedent makes any decision of the Supreme Court binding on itself and all courts inferior it, which include the Privy Council, Court of Appeal, High Court and the Crown Court. Decisions of the Court of Appeal would be binding on the High Court and below, and so on. As such, decisions of the Senior Courts do not form binding precedent on the Supreme Court but may be considered by it. 3. Ratio Decidendi literally means the reason for the decision. When a judgement is delivered, the judge puts together rules of law and principles which were followed that led to that decision. This essentially forms the reason for tha t judgement, or ratio decidendi. The ratio decidendi of a judgement becomes part of the binding precedent on future cases for similar or inferior courts. ... 4. Reversing, overruling and distinguishing all relate to verdicts in relation to cases cited as authorities within them. A case is reversed when, on appeal to a higher court, the judge allows the appeal thereby reversing the decision of the lower court. In exceptional cases, the higher court may reverse its own judgement on appeal, such as that seen in Re Pinochet (1999) where the House of Lords allowed an appeal due to a conflict of interest that arose with respect to the judicial panel. Overruling occurs when a higher court repeals a principle laid down previously by a lower court or by itself in order to account for new developments in law and societal circumstances. An example is the case of Hedley Byrne v Heller (1964), where the original authority on the liability arising out of negligent misstatements, Candler v Crane (1951), was overrruled. Distinguishing applies to a case in the context of facts or law. A case may be distinguished on the facts on a similar principle or law from an earlier decision (regardless of court heirarchy) in order to reach a different verdict. This is a device used by judges to avoid following controversial decisions. 5. In contract law, an offer is a a statement which expresses the intention of the offeror to abide by the terms made explicit within it as soon as the offeree signifies their acceptance. An offer normally includes the price but mere mention of price does not give rise to an offer (Harvey v Facey (1893)). Once the offer is made which has not been revoked, upon communication of acceptance by the offeree, the parties enter into a binding agreement or contract enforceable at law. An invitation to treat is not an offer but an invitation to the other party to make an offer. It does not

Frankenstein Essay Example for Free

Frankenstein Essay According to mental health specialists, Borderline personality disorder is a serious mental illness and those afflicted have issues with regulating their emotions, behaviors, and thoughts. On top of that, they have a hard time maintaining relationships with others because of their reactions to certain situations or ideas, and are found to be â€Å"unstable†. Not unlike the men in Shelley’s Frankenstein, a person with, the somewhat misnomered, illness is very impressionable to the various occurrences in their life. It is true that with age and as the story goes on, that the toll of being emotionally unstable and incapable of dealing with the repercussions of their actions increases and is reflected in the personalities of the men in Frankenstein. Starting with the most susceptible of the three main male characters, the Wretch has the least understanding of how the world around him works. He is seen to be pondering the realization that he has been shunned, by the one person who should accept him for who he is, and he instantly feels indignation. â€Å" ometimes I allowed my thoughts, unchecked by reason, to ramble in the fields of Paradise and dared to fancy amiable and lovely creatures sympathising with my feelings and cheering my gloom but.. [my creator] had abandoned me, and in the bitterness of my heart I cursed him,† (93-94). He is content with the knowledge that people are wanted and treated well by those who care, but is disappointed when he comprehends that he and the people around him are not one and the same. The Wretch struggles to come to terms with this, as he has not been prepared to deal with the cruelty of those who he instinctually admires. The Wretch takes offense easily, and is hardened by the fact that there is so much good in the world, yet he remains unwanted. The Wretch desperately wanted to be accepted by the cottagers, and is so overcome with grief when they reject him entirely that it oversteps his anger. He is even found to say: â€Å"I could have torn him limb from limb but my heart sunk within me as with bitter sickness, and I refrained,† (97). Sad and confused, the Wretch finds himself alone and dealing with the sudden and all-too-heavy realization that he is not wanted in the world he was brought about into. The Wretch is child-like, not unlike his first victim, and does not have an understanding of how he is received by others. The Wretch comes across William Frankenstein, Victor’s youngest brother, and wants to be his friend; but his attempts at friendship being dodged by the youngster only confuses and hurts him further. â€Å"I could seize him and educate him as my companion and friend, I should not be so desolate in this peopled earth the child still struggled, and loaded me with epithets which carried despair to my heart: I grasped his throat to silence him, and in a moment he lay dead at my feet,†(102). Regrettably, The Wretch did not realize his strength and was too taken by the idea of friendship to see what he was doing. Disappointed still at the fact that a young and impressionable child was old and wise enough to know they were different, the Wretch truly feels alone and abandoned by society. Robert Walton is a man who is always changing his mind, and changing his behaviors and focuses. He realizes a new goal for himself, to travel to the Antarctic, and sets out on yet another adventure; he is relishing in the thought that he is finally content with the direction in which his life is going. These reflections have dispelled the agitation with which I began my letter, and I feel my heart glow with an enthusiasm which elevates me to heaven; for nothing contributes so much to tranquilize the mind as a steady purposea point on which the soul may fix its intellectual eye,† (2). Walton is quoted several times to have said that he changed focuses in his life. He is inconsistent a nd fickle about his life’s goals, and never completes anything. Sure he may one day set out and finish something, but the Robert Walton depicted by Shelley and introduced to Victor Frankenstein is not that man. Robert Walton is a simple man. who is so proud, that he can not bear to be a disappointment to anyone, including himself. While writing to his sister, Walton is addressing the fact that should he fail on his latest mission, he will be far too ashamed to face that and most likely disappear completely. â€Å"If I succeed, many, many months, perhaps years, will pass before you and I may meet: If I fail, you will see me again soon, or never,† (3). From the very beginning, Robert is displayed as a character who is unstable and very easily disappointed. While this is not life ruining, a trait like this surely only complicates life and upsets those around him. In promising to estrange himself from his family solely because of a failure, one that has not even happened yet, Robert is painted as a man who perhaps should not be trusted. Walton’s emotions and how he reacts is everchanging, and he is quick to change his mind about a person or idea solely based on prejudice or the opinions of others. Robert allows himself to feel badly for the monster when listening to his grief over the death of Victor, but his sudden and ery deep obligation to Victor, as well as his prejudice against the Wretch, stops him. â€Å"I was first touched by the expressions of his misery; yet, when I called to mind what Frankenstein had said of his powers of eloquence and persuasion, and when I again cast my eyes on the lifeless form of my friend, indignation was rekindled within me,†(164). Perhaps Robert would have felt more strongly about the Wre tch and his own story had Robert not known and immediately sided with Victor. In lieu of assessing the situation and how he felt about the monster, Walton promptly writes off any good feelings for him, because he is an easily-influenced man, who is incapable of really thinking things through. Victor Frankenstein, towards the end of his life, is quick to anger when faced with even the thought of his creation. Robert Walton wanted to know what was plaguing the mind of his new friend, but was taken aback by how upset Victor was when questioned about the monster. After confronting him, Walton says, â€Å"As I spoke, a dark gloom spread over my listener’s countenance. At first I perceived that he tried to suppress his emotion; he placed his hands before his eyes, and my voice quivered and failed me as I beheld tears trickle fast from between his fingers, a groan burst from his heaving breast,† (11). Victor is a man of prestige and a scholar, to see him break down at the mention of the Wretch is largely an indicator that he is somewhat deranged. He literally breaks down and cries in front of Robert Walton, a man whom he has just been introduced to, and is so moved by his emotions that he has to excuse himself and spend the night calming himself. Though this is early on in the novel, the actual event takes place at the end of Victor’s tale, and can later be chalked up to the fact that the creation of his monster took so much out of him, that he is a different, and highly disturbed man. Victor is taken so strongly by his emotions and devotion to his project that he jeopardizes himself and his health. Victor explains the struggles he went through to create the monster, but is so enraptured with the idea of making new life, that he dismisses these downsides. He is quoted as saying, â€Å"I had worked hard for nearly two years, for the sole purpose of infusing life into an inanimate body. For this I had deprived myself of rest and health. I had desired it with an ardour that far exceeded moderation; but now that I had finished, the beauty of the dream vanished, and breathless horror and disgust filled my heart,† (35). Taken by his convictions, Victor knows what he is doing is wrong, and continues on with them anyway. He sees that his creating the monster and tampering with life is wrong, but goes through with it because his want to succeed is much greater than the battle within him over how morally right or wrong it is. As the novel progresses, this eats away at Victor, as he feels so badly about what he’s done. Victor abhors the creation he has made because he is a man who lets impressions fog his view of others. Victor himself feels a general sadness when he hears the tale of the Wretch, because not unlike Victor, nor any other â€Å"living† man, the Wretch has feelings. However, Victor openly admits that: â€Å"I compassionated him and sometimes felt a wish to console him; but when I looked upon him, when I saw the filthy mass that moved and talked, my heart sickened and my feelings were altered to those of horror and hatred,† (106). This reflects poorly on Victor, as he is the man who created the Wretch. To feel horror and hatred at one’s own creation, one whom many liken to a son of Frankenstein’s, is abominable of Victor. Victor is just a man who is incapable of looking past his preju. dices and accepting the wrongs he has done. Knowing what kind of man he is, he should not have gone through with the making of the Wretch at all. However, the drive to accomplish something great and be renown for his advancement in the science community, as well as an arguably deep-rooted want to be distinguished and intellectual, proved to be much greater than any compunction from creating life and tampering with something so delicate as the human emotion. The Wretch, Robert, and Victor are all men who are shown as developing and complex characters. Their decisions and ultimately the way they handle the consequences of their actions is what makes the men of Frankenstein emotionally unstable.

Australian Prime Ministers-Sir John Kerr Essay Example for Free

Australian Prime Ministers-Sir John Kerr Essay Sir John Kerr was an eminent lawyer. He was the 13th Chief Justice of the Supreme Court of New South Wales and the 18th Governor-General. He is best known for being the controversial figure at the centre of the dismissal of the Labor government of Gough Whitlam on 11 November 1975, an event which sparked the most significant constitutional crisis in Australian history. On that day Kerr dismissed Prime Minister Whitlam and appointed Malcolm Fraser to form a caretaker government, pending elections. The dismissal was the most dramatic event in the history of Australian federal politics. For the first time since Federation, the unelected representative of the Queen had removed a government which commanded a majority in the House of Representatives. The Dismissal, as it is known, remains a highly controversial event in Australian political history. Kerr was born in 1914 in Balmain, a then working-class suburb of Sydney, where his father was a boiler-maker. After studying at Fort Street High School he graduated in law from the University of Sydney and became a barrister in 1938. At Fort Street, Kerr met Dr H V Evatt, later to become a High Court judge. As a prominent lawyer, Kerr was known for representing trade union clients and had strong ties to the Australian Labor Party. At one stage, in the 1950s, he even intended to stand for parliament as a Labor candidate. In the 1960s Kerr was promoted to other judicial positions (as well as working for a government intelligence agency), and in this period his political leanings became more conservative. He became close with Sir Garfield Barwick, the Liberal Attorney-General who had become the Chief Justice of the High Court in 1964. Kerr was appointed Chief Justice of New South Wales in 1972, and when Sir Paul Hasluck retired as Governor-General in July of 1974, Prime Minister Whitlam recommended to the Queen that Kerr take up the position. It has been said that Whitlam seemed to have faith in Kerrs political reliability due to his former membership in the Labor Party. However, Kerrs political views had changed over time and he had come to see the role of governor-general in a different way from Whitlam. The Whitlam Labor Government had come to power in December 1972 after 23 years of Liberal/Country Party coalition rule. Campaigning on the slogan Its Time, the ALP seemed to have the support of the nation, although in reality their margin of victory was relatively narrow. Whitlam was the first of a new type of Labor prime minister. He put in place a number of progressive legislative proposals, implementing free education policies, reaching out to Asia and breaking with the US on foreign policy. His approach, however, did meet with some resistance. The Senate, with great determination opposed and rejected some of Whitlams key legislative proposals. This included Bills designed to institute a free health insurance system; to provide Senate representation for the Australian Capital Territory and the Northern Territory; to reform the organisation of electorates; and to allow the government to oversee the mining of oil and minerals. The repeated rejection of Whitlams bills led to the calling of a double dissolution election, in which all members in both Houses are up for re-election. A political scandal also forced the election. Prior to the double dissolution election, Whitlam maneuvered to create an extra Senate vacancy in Queensland by offering a sitting senator, Vince Gair, an ambassadorship. Whitlam hoped Labor could win the vacant seat and take control of the Senate. The so-called Gair Affair infuriated the Opposition, who threatened to block supply in the Senate, which meant exercising its power to reject or defer appropriation or money bills. It is a constitutional necessity that the government be allocated money by the parliament through the passing of annual appropriation bills. These bills give the government the money it needs to govern the country and to run parliament for the financial year. In response to these blockages and hoping to secure his position with a strong re-election, Whitlam went to the then Governor-General Hasluck, and gained the double dissolution election which was held in May of 1974. The Whitlam government was re-elected, although with a reduced majority, and the Senate continued to present an obstacle the agenda of the government. During 1975, the Government also was involved in the Overseas Loans Affair. The Whitlam government had a number of plans it needed funded. These included the construction of a natural gas pipeline, the electrification of interstate railways and a uranium enrichment plant. Some of Whitlams ministers seeked to raise an overseas loan of $4 billion to fund these projects, but rather than go to the usual American and European sources, they seeked financing from the oil-rich Middle East. A Pakistani broker was used to secure the loan and the entire process was considered questionable by members of the government, media and public. In the end, no loan was ever gained and no broking commissions paid, but Whitlams government was made to look reckless and foolish. In the face of economic difficulties and the political impact of the Loans Affair, Whitlam remained vulnerable throughout 1975. After a series of resignations in 1975, Opposition Leader Malcolm Fraser announced that the Opposition would use its numbers in the Senate to block supply until Whitlam called another election. Whitlam refused, and this confrontation was followed by several weeks of constitutional crisis, which raised a number of crucial questions about Australian democracy and the roles of the House of Representatives and Senate in the Australian system. Governor-General Kerr took an active interest in the crisis and became convinced of the need to dismiss Whitlam from office. In a later statement, Kerr said he believed that it was the democratic and constitutional solution to dismiss a prime minister who could not guarantee supply and to let the Australian people decide the conflict. Kerr sought the advice of his friend Chief Justice Barwick, who endorsed the legality of the action on Monday, 10 November 1975. On Tuesday 11 November 1975 (Remembrance Day), Whitlam proposed calling a half-Senate election, but the Governor-General rejected this proposal and instead, officially dismissed Whitlam from power. Fraser was asked to step in as a caretaker prime minister. A double dissolution election was held on 13 December of that year. Although the House of Representatives passed several motions of confidence in the Whitlam Government and instructed the Speaker, Gordon Scholes, to send this message to Kerr, the governor-general was steadfast in his decision. Scholes subsequently wrote to the Queen, who replied that there was no place for her involvement or interjection in an internal Australian political conflict. At the 13 December election, Frasers Liberal-National coalition was elected with a large margin. For Whitlams supporters the events of November 1975 were shocking and an abuse of the governor-generals power. In Kerrs statement of reasons for the dismissal, he made the case that he was simply doing his job to uphold democracy, stating that The decisions I have made were made after I was satisfied that Mr Whitlam could not obtain supply. No other decision open to me would enable the Australian people to decide for themselves what should be done. In the wake of the Dismissal, Kerr remained a controversial figure for the rest of his life. Due to a public problem with drinking he was later forced to resign as the Australian Ambassador to UNESCO (United Nations Educational, Scientific and Cultural Organization). He lived in England for some years and died on 7 April 1991. After another defeat in 1977, Whitlam resigned from parliament. Malcolm Fraser went on to be Prime Minister for almost eight years until his defeat by Bob Hawke in 1983. The Dismissal remains a controversial subject in the history of Australian politics, and is particularly relevant to happening debates about Australia becoming a republic and further empowering the Head of State. The constitutional and political effects of the Dismissal remain of importance to anyone interested in Australian politics and the structures of power in Australia.

Strategic Justifications In The US Wine Industry

Strategic Justifications In The US Wine Industry Mergers refer to the aspect of corporate strategy, corporate finance and management dealing with the buying, selling and combining of different companies that can aid in, finance, or assist a growing company in a given industry. As outlined by Lawrence Gitman, it is the combination of two or more firms, in which the resulting firm maintains the identity of one of the firms usually the larger. The primary reason for a merger is to improve a companys financial and strategic position. (Gitman, 2009) Determining whether the merger or the acquisition in the U.S. Wine Industry is offensive or defensive is dependent on each companys perspective. International Beverages quest for seeking an acquisition was considered a defensive action put forward by the company and it needed to lengthen its life within the organization. This company was known as a leading producer and marketer in the wine industry. This company being slow at achieving internal growth as their revenues grew at a mere 10% per year as a result of aggressive acquisition strategy. They needed to make an acquisition to prevent it from becoming a market failure as lack of any acquisition resulted in a no growth rate for the Company. This needed to be done to achieve growth internally and to refrain from going under. The wine industry has showed desirable preferences for change to higher end brand which placed International Beverage in a very dangerous position as customer would show a great deal of preference for the highe r end brand wines. International Beverage then had to take the initiative and move strategically in order to remain in the market as a key player, thus alleviating any adverse effects that would occur as a result of the new emerging preference in the future. One of the other companies to be acquired was Starshine. One of the main compositions of companies that International Beverage acquires was the fact that they were all producers of low end quality wine. Starshine was one of them. They too were also facing the fact that they could eventually lose in the market shares as the market began leaning towards a higher end brand of wine and Starshine were offering mid range labels in the market. Since Starshine produced only mid range brand wines, it would have been in their best interest to merge with the other company Bel Vino in order to secure a share in the market. This would have been their defensive action. The merger was crucial because had they not merged with Bel Vino, International Beverage could have acquired their company as the urgently needed some pull out, keeping in mind also that International Beverage also needed some fix for themselves to retain their market share. Starshine would then now be able to deal with their cost issues and competition from foreign producers. The merger between Starshine and International Beverage would be a defensive action with respect to the emerging market changes and also to avoid not having a say in the future business of the company. Bel Vino was producers of high-end wine with a very strong brand. Despite this, they also had sluggish performance, there prevalent management conflicts, these were the internal problems the company was faced with; also their inability to form good distribution lines, have a bad management team and as a result, has unflattering performance levels (Luehrman Kester, 2009). The market change favoured Bel Vino prospects as it allowed them to have more clients to form a better distribution line which will then have positive effects on its revenues. Bel Vino did not need a merger neither an acquisition because it could have solved the aforementioned issues by itself. Despite this fact, there was the option of solving these issues by taking advantage of the already established distribution lines and high earnings of both Starshine and International Beverage (Luehrman Kester, 2009). Given these reasons, Bel Vino is the only one that would be taking offensive action in both instances with respect to merger and acquisition. Question 2 What primary advantages did your company bring to the table? An acquisition of or merger with Bel Vino would benefit both company as Bel Vino, is the company that offered classic vintages and strong brands (Luehrman Kester, 2009). This would give them the comparative advantage over the other companies since these other companies, Starshine and International Beverage, deal mainly with lower end and mid range labels (Luehrman Kester, 2009). From the fact that industry has overcome the wine glut the demand for wine has shifted to the higher end products which neither of Bel Vinos competitors possess (Luehrman Kester, 2009). This was an advantage for Bel Vino since they were able to use this for their negotiations. This would be beneficial also for International Beverage and Starshine providing the opportunity to gain a market share and for their survival in the new market transformation. Bel Vino also benefited from the low cost advantages with respect to the merger with Starshine given the fact of the apparent cost control issues. (Luehrman Kester, 2009). Management in Bel Vino were able to utilize their finances as opposed to overspending on advertisement as Starshine did. All in all, Bel Vino brought several advantages to the table during this negotiation, all of which benefitted each of the companies of way or the other. Question 3 Compare the market positions, financial performance, and future prospects of Bel Vino and Starshine. What are the most significant sources of synergies for the potential transactions? Market position can be defined as the ranking of a brand, product, or firm, in terms of its sales volume relative to the sales volume of its competitors in the same market or industry (Business Dictonary, 2009). In analyzing the three companies, it was found that from the years 2006-2010 Starshine continually had higher net sales to that of Bel Vino. In 2006 Starshine had 475 million compared to Bel Vinos 359 million and International beverages 2980 million. In 2007 Starshine had 495 million compared to Bel Vinos 360 million and 2999.9 million. In 2008 Starshine had 525.1 million compared to Bel Vinos 366 million and 3019.9 million. In 2009 Starshine had 557.2 million compared to Bel Vinos 382.1 million and 6100.4 million. In 2010 Starshine had 591.5 million compared to Bel Vinos 390.1 million and 6141.2 million. (Harvard Business School 2009) This shows that Starshine had a greater market presence than that of Bel Vino and that Bel Vino was finding it difficult to generate sales esp ecially in the international markets to compete with its rivals. This was possibly due to its poor distribution lines. International Beverage could help Starshine and Bel Vino increase their market share both domestically and internationally and also help improve Bel Vinos distribution line. Financial performance refers to the measuring of a firms policies and operations in monetary terms. These results are reflected in the firms return on investment and return on assets (Business Dictionary, 2009). As the formula for return on assets is Net Income/Total Assets, the Return on assets for Starshine through the years 2006 to 2010 are; in 2006: 11.1/498.3 = 2.23%; in 2007: 8.6/503.9=1.71% ; in 2008: 17.4/507.5=3.43 ; in 2009: 28.3/531.5=5.32 ;in 2010: 36.9/556.9= 6.63%. In comparison, the returns on Assets for Bel Vino throughout the years are in 2006: 4.2/425.9=0.99%, in 2007:18.8/406.8=4.62%, in 2008: 27.7/389.4=7.11, in 2009: 33.2/403.6=8.23%,in 2010: 36.1/409.1=.8.82%. This shows that Bel Vino had a higher return on assets than Starshine. Our return on assets are as follows; in 2006: 162.2/1227.2=13.22%; in 2007: 109.9/1461.5=7.52; in 2008: 97.5/1544.5=6.31; in 2009: 423.7/22.32.7=18.98; in 2010: 446.6/2770.2=16.12. This again shows that our company, International Beverage company is a larger better run company. In relation to the future prospects of these companies, Bel Vino had to focus on the protection of their brands, increase in distribution lines and increase in sales volumes. Pertaining to Starshine, they need to cut costs and break into the high end market. Question 4 What was the rationale behind the choice of target for the opening bid and our overall bidding strategy? As we were in a better position than both companies, we were faced with the decision of it to stay as we were and run the risk of both companies merging or if to acquire on of the companies. We decided that were not under any pressure and we were going to keep our bidding low as we felt it was in the other companies best interest to merge with us. We started by making a bid for Starshine as we felt that with their greater presence in the markets would help us to gain an even stronger market share. We thus made an opening bid of $45 per share to Starshine. This bid was rejected. As a result our share price dropped by $0.50 to $64.70 while starshines rose by $2.26 to $56.64. We decided to start the bidding at such a low price so during negotiations; the ceiling price would not get too high. We realised that Starshine offered Bel Vino 1.05 new Starshine shares for each existing Bel Vino Share. So we decided to give Bel Vino something to think about by offering $39 per share. This was lo wer than their share price at the current time which was $45.96. We were not prepared to buy out any of these companies while incurring huge debts. This was another reason why our bids were kept so low. Bel Vino didnt see our bid as attractive despite the fact that we could improve their distribution line internationally considerably. So they rejected our bid. We thus decided it was not worth it to acquire any of the two companies as they lacked the vision to see that they could only benefit by merging with us. In the end Starshine accepted Bel Vinos offer and the companies merged. Question 5. If you were not successful at completing a transaction, why do you believe this was the case? Do you think it represents the best outcome for your shareholders? Would you do anything differently if given another chance to negotiate? According to the confidential information our team was provided with, both Bel Vino and Starshine were potential prospects for a merger. Our main prospect was Bel Vino since they sold high end products and our company would have received more value from this merger. We also noted that a merger with Bel Vino would have added worth to our company. Therefore in the long term, shareholder value will also be increased. In order to increase shareholders value, it is imperative that a company implements strategic planning. This can be done by increasing cost base while maintaining revenue and by increasing revenue share and by reducing cost (Ezine Article, 2010). A merger between Bel Vino and Starshine would have reduced cost of goods sold by roughly $3 million to $ 5 million. In addition, their Research and Development cost would decrease by a significant amount, roughly, one million on an annual basis. Bel Vino showed strategic planning and they recognized the goal of the company and beca use of their financial operations which were done effectively and efficiently, they were able to develop their working capital. There was a possibility of mergers between Bel Vino and Starshine, which actually came to fruition. Before any negotiation is made by any organization and for it to be successful it is critical for them to look over key issues that will affect their organization in the long run. In other words preparedness is one of the main key to successes in any business organization. In addition, a good strategy is also important for a healthy and long term existence of that company. Our team definitely lacked in the area of preparation was resulted in International Beverage not being able to merge with any of the two prospective companies. Our team members were definitely not ready to negotiate because we did not conduct enough background work in terms of focusing on our operating assumptions which included domestic and international revenues. In addition, due to the lack of understanding the game and time, we were not capable of making enough offers to the other two wine companies These factors needed to be decided upon before we ventured into the negotiation process. We also need to focus more on our balance sheet and make comparisons between Bel Vinos and Starshines balance sheets. Despite our unpreparedness, we were able to make bids by offers to both Bel Vino and Starshine at prices, $48.81 and $58.57 respectively. Both companies rejected our offers. We assumed that they believed that their companies were worth more than what we were offering them. At the end of the simulation, Starshine and Bel Vino merged. In conclusion, the wine simulation was a learning experience for our team and we realized the importance of conducting our homework before venturing into negotiations. It is important to learn about your counterparts in detail, as opposed to looking on the surface. Details such as financials are crucial in getting into mergers. If given the opportunity to negotiate again, we will definitely make serious preparations for the negotiations.

In Ozymandias the subject of the passing of time is different to :: English Literature

In Ozymandias the subject of the passing of time is different to Coy Mistress Compare the ways in which the poems you have studied deal with the passing of time. All the three poems deal with the subject of the passing of time in different ways. In â€Å" His Coy Mistress† Marvell uses time to say let us form a sexual relationship together by saying â€Å"Had we but world enough, and time, This coyness, Lady, were no crime† which means if we had all the time in the world we could do whatever we wanted to do. But we don’t have all the time so let us form the relationship now. In â€Å"Ozymandias† the subject of the passing of time is different to â€Å"Coy Mistress† because the poet is saying no tyranny can beat time. This is symbolised by the statue in the poem. The reason it is different is because it’s not saying marry me of have a relationship it is shown by the statue. In â€Å" To the Virgins, to Make Much of Time is similar to â€Å"Coy Mistress† because the poet is speaking to the women by saying â€Å"Then be not coy, but use your time, And while ye may go marry† which means don’t be shy use your time and whilst your are young go and marry. â€Å"To the Virgin† and â€Å"Coy Mistress† are different to â€Å"Ozymandias† because Ozymandias is about a time defeating human power and the other two poems are about love or human desire beating time. In â€Å"Coy Mistress, the poem has a soft touch. Marvell shows his intelligence by referring to exotic places for instance the Indian Ganges in his poem. He also uses biblical references like 'before the flood', which is supposed to represent the idea of Noah's Ark and how a big storm came causing a flood and animals dying. These hyperboles also include phrases like 'an hundred years,' 'two hundred,' and 'thirty thousand,' so that he can exaggerate his feelings and emotions. Metaphors used like 'winged chariot' which means to describe time, death hurrying near. 'Vegetable love' helps to expand the meaning and clarify his feeling and emotions that he has for his mistress. The idea of 'vegetable love' denotes the meaning about the ancient division of souls that they were vegetative, sensitive and rational. All the poems that I am studying were written in the era of metaphysical poetry (1590 - 1670). The idea of this style was that of exploring ideas through intricate and startling images. The themes of metaphysical poems are usually that of religion, love or wordplay. Metaphysical poems tend to have underlying themes, often written with

A Worn Path, The Bean Trees, Little Women, How It Feels To Be Colored M

Courageous and Heroic Women in A Worn Path, The Bean Trees, Little Women, How It Feels To Be Colored Me, and the The Piano  Ã‚   Women have been heroic and courageous throughout history, though not all of these heroic (or courageous) adventures have been shown in any way.   Some of women’s heroic and courageous adventures are portrayed through short stories, books, and movies.   Eudora Welty’s short story â€Å"A Worn Path,† Barbara Kingsolver’s book The Bean Trees, Louisa May Alcott’s book Little Women, Zora Neale Hurston’s story â€Å"How It Feels To Be Colored Me,† and the movie â€Å"The Piano† all show women going through their own amazing and heroic adventures.   In these stories, the authors and director share with the reader (and watcher) the heroics of a woman.   Though these heroic adventures are full of risk and danger they are very valuable adventures for the characters’ health and development. In â€Å"A Worn Path† the character Phoenix Jackson walks through the forest on her way to town to get her grandson some medicine.   Now, Phoenix is an elderly lady, so this trip takes her awhile.   She has to go up and down hills, through thorny thickets, and over streams on logs.   Throughout the story she talks to herself and encourages herself to go on.   She talks to the brushes and the animals that she hears and tells them to keep â€Å"out of my way all you foxes, owls, beetles, jack rabbits, coons and wild animals!   Keep from under these feet†¦Ã¢â‚¬  (Gilbert and Gubar 1641). This trip shows how heroic Phoenix is, for it’s pretty risky for her to take.   It might not be as risky for a younger person, but it’s hard for an older woman to go through barbed-wire fences, over logs, and through ditches.   She could get caught or hurt on any of the obstacl... ...es where he gets to do more with her than she wants, like touching her, taking off some of her clothes, and eventually sleeping with her.     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   All of these women show their courage in some way or another, whether that courage is of the heart, mind, or body.   Women have had heroic and courageous qualities throughout history, but these women are some very good examples of how some women have the nerve and bravery to do and think what they feel is right no matter what men or other women think of them.   Works Cited: Alcott, Louisa May. Little Women. New York: Signet, 1983. Hurston, Zora Neale. "How it Feels to be Colored Me." World Tomorrow, 11 (May, 1928) Kingsolver, Barbara. The Bean Trees. New York : Harper, 1988. Welty, Eudora. "A Worn Path." Perrine's Story & Structure. 9th ed. Ed. Thomas Arp. Tokyo: Harcourt Brace Jovanovich, 1997.

State Task

Task la As a new recruit working in a public service you have been asked to investigate the response to emergency service incidents. You should describe how emergency incidents are graded by a selected public service call centre. Firstly, you should give examples of emergency incidents as described in the Civil Contingencies Act 2004. You should also describe how emergency incidents are graded for a selected public service control room including the grading categories used, and the role of call handlers and incident managers. Look at the guidance notes to see what needs to be covered.Use the box provided to answer this question. Task la (Pl) When you look at an emergency incident. It has to be graded by the public services call centre. An emergency incident can be seen in many different ways of all sorts of backgrounds and serviettes. Some are more serious than others and some need more than one public service to respond to the incident. This is where the call centres grade the emerg ency. They have to make sure that that they use the right grading to get the correct response to the incident and that they ensure peoples safety. When looking at the emergency incident responses system.You also have to look at the civil contingencies act 2004. The civil contingencies act is important because it decides who is under what category of response and how urgent the response is. This act gave a new definition to the term emergency. This definition covers many different things for example it covers terrorism and dangers to people's health. This Act is split in to 3 parts. Part 1 defines the obligations of certain organisations to prepare for various types of emergencies. This puts a legal obligation in place to local uthorities and the public services; these are called category 1 responders.The main job which is put in tront ot them is the Job ot intorming the public ot the incident in which has Just happened. Part one is all about local arrangements to protect the citizen s. Part 2 is about emergency powers which are temporary emergency regulations made in the name of the queen by the order in council these regulations last for a maximum of 21 days but parliament can choose to extend this time if they see fit to do so before it ends. The next part of the act is looking at the definition of ategory 1 and category 2 responders. Every responder has an emergency planning officer.Their main role is to make sure they have good communication with the other responders and that they stay in accordance of the act. Category 1 responders are core responders or â€Å"blue-light† responders. There are 9 different responders for example some of the responders in category 1 are: fire service, police service and the NHS primary care trust. These will normally be the first ones to respond to an incident they get it under control and evaluate if any category 2 responders are eeded and if so which ones. Category 2 responders are key and work with category 1 respo nders they help and support them.Category 2 is utility services and transport organizations Electricity distributors and transmitters and Gas distributors. They also get help for network travel and highway agencies, also the health and safety executive. The police have a certain code they use over the radios to determine how dangerous or life threatening the issue is. When you call the police, the phone call goes to the control room and they will assess the situation and decide on what code o give it the code will play a vital part in whether or not they get to the crime in time.

Athena and Telemachus

Chayenne Georges Prof Jette Eng-111 3/10/13 Athena and Telemachus Athena, the Grey eyed goddess, is one of those women in The Odyssey whose role is so important. She is the goddess of wisdom, who helps Telemachus on a journey to bring his father back home. Athena goes to Odysseus son to put courage in him. She doesn’t show her true self to humans; instead Athena disguises herself on three different occasions. She appeared as Odysseus friend Mentes, when she approached Telemachus. When Athena touches down Ithaca she is immediately spotted by Telemachus, who was sitting unhappy among the suitor.Free-will is greatly used between Athena and Telemachus, when she is persuading him to find his father. Athena says, â€Å"If I were you, I should take these steps to make these men disperse,† [Homer, 320]. Here Athena is trying to get Telemachus to realize that it’s time for his father to come to Ithaca, and he has to get the suitors out of his home. In The Odyssey Telemach us is portrayed as a boy who has to grow up, he needs to find the courage and guidance to find his father, Athena is Telemachus’ voice she is the one who helps give this courage to him.The Odyssey give you more of an external view of the characters, it doesn’t really expose their inner thoughts or feelings. Meadowlands by, Louise Gluck demonstrates Telemachus’ true feelings for his father. â€Å"When I was younger I felt sorry for myself compulsively; in practical terms, I had no father; my mother lived at her loom hypothesizing her husband’s erotic life;† [Meadowlands, Telemachus’ Kindness, 24]. Here a whole different side of Telemachus is being identified.In Meadowlands Telemachus is angry at his parents, he pity them. This quote from Telemachus’ Kindness shows the anger he has towards his father for leaving. He feels as if he had no childhood because he never had a father figure in his life. Penelope sorrowed over Odysseus absence, instead of marrying one of the suitors and give Telemachus a father figure, someone to look to, Penelope often fantasied about her husband life and what he is doing while he is gone. She would loom every night to stall the suitors, keep from marrying them.

Article on “Coke Blinks” Essay

Mark Bittman’s article â€Å"Coke Blinks† discusses how the famous soda company, Coca-Cola, recently released a video where it addresses the growing problem in our nation of obesity. In the video Coca-Cola attempts to claim that it is not their fault people are obese; it’s the consumers fault because the company offers low calorie beverages and now has smaller proportioned drinks. They are basically saying that every calorie counts and not just the ones in their products. Bittman describes this video as, â€Å"Sheer manipulation, calculated to confuse, obscure and deny.† Bittman beliefs sugar, â€Å"Especially in liquid form† is extremely harmful and not just because it leads to obesity. He thinks Coca-Cola is more focused on making money than it is trying to help the nation deal with obesity. He goes on to compare soda to nicotine saying, â€Å"Soda is a fructose delivery system as tobacco is a nicotine delivery system.† He is stating that Coca-Cola is doing the same thing tobacco companies once did, ignore the fact that their product was extremely harmful and they didn’t want the consumers to know because it would lead to a loss in product sales. This article focuses on the negative effects that sugar based beverages have on the body. Bittman states, â€Å"There is virtual consensus that drinking too much soda is bad for you, and it’s not hard to understand the evidence.† In the end Coca-Cola is simply trying to lessen its bad reputation for causing health problems such as diabetes and chubbiness by releasing a video which talks about obesity. Bittman is implicating the irony in Coca-Cola’s video and he simply trying to warm people not to drink soda because it’s not healthy.   

Crucible Essay

Even after doing those things the harassers still end up at fault for whatever happened to them, but despite all that, they were able to regain their lost integrity. In Miller's play it can be seen that characters were given the opportunity to w hat was right which they used, however it was not an easy for them to make the decisive on of telling the truth. An example of this is when John Proctor refuses to sign his name on an affiliation. The reason Proctor refuses to do so is because he values his reputation and more than anything he wants to keep his good name. Because it is my name! Because cannot have another in my life! Because I lie and sign myself to lies! Because I am not worth the dust on t he feet of them that hang! How may live without my name? I have given you my soul; leave my name. † (Act 4 page 143. ) In this quote it is seen that Proctor is trying hard to keep his name clean, and while doing so he does not care about what the future consequences would be. Simi L arry Reverend Hale has citizens who look up to him which places him as a higher authority. Pray you, someone take these† (Act 1 page 36. Here it is showed that Hale possesses p rower over the tizzies and that he is not concerned about the others in town. However tow awards the end both characters lose whatever power they had which causes them to be true to 20th errs and tell the truth and earn back their lost integrity. When the time came Proctor realized he en deed to redeem himself. â€Å"A man may think God sleeps, but God sees everything, know it no w. I beg you, sir, I beg you see her what she is†¦ She thinks to dance with me on my wife's grave ! And well she might, for I thought of her softly.God help me, I lusted, and there is a promise in such sweat. But it is a whore's vengeance†¦ (Act 3 page 110. ) Here Proctor finally admits y o performing adultery and admits to his past mistakes, even though it has cosseted him his life e. Also Hale does the same, he adm its to his mistakes and comes out with whatever truth was aft to be told. â€Å"Let you not mistake your duty as I mistook my own. † (Act 4 page 132. ) Hale after a long time finally admits that he misused his power and he regains his lost integrity while e trying to save the lives of innocent people.Also throughout the play it can be seen that there is change between character s whether it be the character changing themselves or helping other characters change. A good example of this would be from the beginning of the play, when it is seen that Proctor is did slowly to his wife Elizabeth. â€Å"Baby, I may think of you softly from time to time. But will cut off my hand before I'll ever reach for you again. Wipe it out of mind. We never touched, Baby† (A CT 1 page 23). This here shows that Proctor is unfaithful to his wife and that he is also trying to erase the past and keep the truth about his adultery in the dark.In contrast while Proctor w s unfaithful, Hale was be ing motivated by wrongdoings. â€Å"Why is it all simple. I come to do the devil's work. I come to counsel Christians they should belie themselves. There is blood on my head. Can you see the blood on my head† (Act 4 page 131). Here Hale is showing that he has been motivated by the devil to do wrong things. He here believes that he is doing the devil's w ark. Never the less even after displaying such hideous traits both character's managed to chi anger themselves and again earn back any lost integrity.

Qualitative Research- Fieldwork Observation Assignment

Qualitative Research- Fieldwork Observation - Assignment Example These issues can be accessed and evaluated through observation. This is true because most of the traits that determine students’ performance are physically portrayed. Most of these characteristics are associated with the environment which students grow in. For example, literatures have found that students brought up in poor backgrounds perform poorer than those brought up in middle class backgrounds (Billie & Bette & Wolfe, 2006). Specifically, physical characteristics like students behavior and the way they conduct themselves have a lot to say about their academic performance. In the effort to determine this concept, I sought to carryout a research through observation from a public school in a poor background setting. The aim of this research was to find out how the students conduct themselves and if their behavior conducts have any relationship with their academic performance. In learning theories, main focus is on behavioral psychology. For children to be able to learn and remember new things, some things are considered to take place in the learning process. According to Billie & Bette & Wolfe, (2006), some of these things are explained by behavioral and constructivism theories which focus their attentions on acquired factors that help the learner acquire knowledge. Burkhardt, (2004) asserted that students’ achievement is influenced by environmental factors such as cultural, ethnic, and socioeconomic factors. These factors are said to shape students behavior, which have adverse, effects on their academic performance. According to Burkhardt, (2004), students who come from poor back grounds have been found to perform poorly in their academic works. In some instances, living conditions are extremely harsh that the students have to attend school with empty stomachs. Field-notes My field-work started early in the morning at 7: am. I purposely decided to start my research at this hour in order to gather information on the arrival of students from the ir homes since this was a day school. Students started arriving some minutes after 7: am. There was only one teacher who had arrived by then. I later came to realize that he was the teacher on duty that day. He mobilized students in cleaning their classrooms and the compound. Most students were seen to be sluggish in responding to the teacher’s instruction. For example, when they were told to clean their classes, most of them hid themselves behind the classes. The teacher was forced to come after them with a cane. When the bell for the assembly was rung, some students were still arriving from their homes. In the effort to capture them for punishment, the teacher had difficult times as the students ran away while others hid themselves. In fact, some of those that were caught and given some punishment to do, they retorted to the teacher. When the lessons started, I visited one of the classes where I observed various occurrences. Some minutes before the teacher entered the class room, most of the students seemed not to be settled. They were discussing the previous night’s happenings. Some were chatting and gossiping. However, a few were seen to be preparing themselves for the lesson before the teacher entered. When the lesson started, some students were lying on their desks while others were busy chatting. In fact, remarkably few students concentrated on what the teacher was teaching. This was evident when the teacher asked questions related to what he taught. The students gave irrelevant answers while other said

Divorce from Different Perspectives Essay Example | Topics and Well Written Essays - 3000 words

Divorce from Different Perspectives - Essay Example This paper will provide a platform for the analysis of the topic of divorce by first understanding their rationale on the subject. Some of the major contributors to the increased divorce cases will be identified and will finally conclude by establishing some of the ways the different parties propose for tackling this problem. According to Browning, the major causes of the change in family patterns such as increased divorce rates are modernization and globalization. This further raises a vital question such as should the changes be embraced and seen as the norm? The other important question that arises is what are the changes indicative of dynamism in family life or are they part of a wider problem or crisis? Browning notes that since the 1980’s there has been a significant change in the worldwide perception of family changes such as divorce. Studies conducted by sociologists, psychologists and economists point to these changes as to having detrimental effects on most people. D ivorce has been found to bring about immense emotional, social and financial consequences. Changes in the family patterns caused by practices such as divorce have been linked to declining well-being of children who are involved in the process. Studies into the effects of divorce have pointed out that children from families where divorce has happened have a high rate of delinquency. They were also found to exhibit low self-confidence and faced a higher risk of leading unhappy marriages in the future. It is critical to understand that each branch of Christianity views divorce in its different way. Since its commencement over two thousand years ago, the Catholic Church has maintained its stand on the indissolubility of marriage. The church holds a conservative view on the dissolution of a marriage. According to the Catholic Church teachings, marriage is a covenant not only between two consenting adults but also between the parties and God.  

Socialization into Nursing Essay Example | Topics and Well Written Essays - 1750 words

Socialization into Nursing - Essay Example Those involve carrying out treatments, monitoring equipment that may be used in the treatment of the patients, i.e. mechanical ventilators, as well as informing the doctor about the progress or decline of the patient. Apart from the patient, a nurse also has certain responsibly toward the family of the patient by telling them what their family member is going through, what treatment is required, and what precautions could be taken to avoid the illness in future. A nurse does everything possible for the care and betterment of the patient. Besides that, certain nurses are travelling nurses. They travel on airplanes or on ships to render services to the passengers. Some nurses also peruse the career of teaching in universities and share their experience with students wanting to peruse this career. So I think, after being a nurse, you can serve and take care of people in numerous ways. Thesis: I believe that nursing is another name for care and understanding. Further, I would describe th eories of Jean Watson's Philosophy of Nursing, which are very close to my theories and thoughts on nursing. Nursing Theorists Jean Watson's Philosophy of Nursing: Carative – The Theory of Human Caring Jean Watson’s theory of human caring is based on 4 theories of which 3 are discussed below. Human: A human is a creation who has every right to be respected, cared, assisted and nourished. He as a whole has every right to lead a healthy and stable life with full potential of exploring and living with dignity. He should be taken care of and taught what’s good for him, as he has certain major responsibilities to fulfill in this world. A human aims to life his life to the fullest, and a nurse’s responsibility towards him is to make him feel better when he is ill, by proper medication, treatment and by guiding him about the right way to live. He deserves to live a safe life, and a nurse should save him from all the bad habits, like tobacco and alcohol, if he is engaged in those dangerous things. Health: Jean Watson has made a huge contribution by adding three definitions of health in WHO. She considers health as a key to live a stable life. Health is something which makes a person survive in society with good physical and mental functioning. She believed that health is a key through which helps a human to do his day to day tasks effectively and fully. She believed that health means lack of illness. Nursing: In her theory, she explained that nursing is another name for care, and is meant to help the sick revive from illness, emphasizing on taking good care of health. Promoting good health and the treatment of illness and sickness is the name for nursing. Personal life philosophy I believe this life is given to every individual to find the right path that leads to God’s will. Relationships, feelings, career are all secondary, but finding the right path, building your faith strong, and feeding your soul with the love of god is primary. Nobody in this world should hold more importance in our life than God as he has blessed us with all we have today. Living a true, caring, selfless life will lead us to the right path which is accepted by God. The decisions I make to take my life further are solely based on whether God would like me do it or not. I don’t make those decisions which would be better for me for a short period of time. But take those which will benefit me through out my life time. I believe that no one is