Medical Law Essay Example

Clinical Law Essay Example Clinical Law Paper Clinical Law Paper The case presents guardians contradicting each other over their multi year old minor accepting proceeded with chemotherapy for his leukemia. While kid and mother are against the treatment, father and specialists of the trust need to proceed with treatment so the kid would get by for one more year. The standard the specialist ought to follow is the ‘best-interests’ of the patient paying little mind to the parents’ clashing position. Regardless of whether both the guardians need to cease treatment, the specialist ought not disregard eventual benefits rule since the patient is inept to choose. As there is no earnestness if treatment is proceeded, the specialists would be all around encouraged to allude the issue to moral council in the emergency clinic for extreme reference to Court’s suitable requests. In any event until the court is drawn nearer, the boy’s treatment should proceed. In England, agree or refusal to treatment by grown-ups is explicitly accommodated distinctly in Mental Health Act clearly because of mental insufficiency. For Children, Family Reform Act 1969 and Children Act 1989 would apply. Youngsters who are 16 or 17 years of age can be treated as grown-ups for assent purposes, however it would not make a difference to refusal. For Children beneath 16, Gillick (1986) case law is of some help. The guideline set out all things considered states that if the minor patient is of adequate insight and getting; he/she is considered Gillick able to give assent. Refusal to such a treatment previously agreed to whether by minor patient himself or by his folks is to be treated in an alternate point of view. For infants or small kids, somebody for their benefit alone can give assent to the greatest advantage of the youngster. On the off chance that there is a contention, court can have abrogating capacity to mediate and choose to the greatest advantage of the youngsters. In re M [1999), 15? year old, Gillick equipped, with an intense cardiovascular breakdown was suggested for heart transplant. In any case, the patient cannot, reluctant to have somebody else’s heart. The specialist concluded that transplant was in the bests interests of the minor patient and along these lines it was held to be substantial disregarding refusal. In the moment case, Peter is a multi year old kid experiencing treatment for leukemia which he needs to be ended because of the agonizing chemotherapy. Since the specialist is conclusion that duration of treatment would guarantee his one more year’s endurance, his dad is eager to proceed with treatment however his mom is standing up to. Since minor has no limit and subsequently no self-governance, his refusal can be superseded by the intermediaries of guardians. For this situation there is struggle among guardians and the specialist is in danger to singularly proceed or suspend treatment because of the possibility of both of the guardians continuing against him. Despite the fact that the specialist is allowed under law to choose in the ‘best interests’ guideline, court mediation will be attractive in the current case as a result of the time accessible for taking a choice for continuation or discontinuance. The specialist will be in genuine fix if the choice is to be taken in a split second in which case eventual benefits guideline would apply. Expecting this is an instance of contention among guardians and the specialist, area 15. 2 of BMA Guidance will apply (BMA). Again this arrangement requires an appraisal of advantages or weight of treatment. The clinical calling is guided by indistinguishable standards from it would apply on account of a grown-up in comparable circumstance of extreme unavoidable torment and pain. This solidifies to the rule of eventual benefits of the patient, be a grown-up or a kid. The General Medical Council’s direction as Good Medical Practice (2006) likewise focuses on the rule of the eventual benefits of the youngster in para no 68 which says that the specialist ought to alongside the guardians or those answerable for the kid evaluate weights or dangers for the kid and urge the kid additionally to take an interest in the dynamic procedure predictable with age and development of the kid. Para 69 says that specialist ought to survey limit of the youngster to take a specific choice and to comprehend results of treatment or non treatment. Especially paras 72 to 76 urge the specialists accountable for the inept patient to accomplish an accord between the two guardians of parental capably without permitting the parent not in consent to veto their proposition. It has been made additionally understood that specialists accountable for the uncouth patient to move toward the issue with sympathy and take the guardians and others worried into certainty so they in their enthusiastic upheaval don't submit mistakes in their judgment. On the off chance that still unrealistic to take out contrasts of assessment among the guardians forestalling treatment, specialists should look for legitimate exhortation and get a decision from the courts. On the off chance that none of them with parental duty is happy to approve treatment, specialist can not actualize his proposition without court’s administering except if the crisis calls for treatment to the greatest advantage of the youngster so as to forestall decay and to spare the child’s life until further notice. Regardless court’s extreme requests should be acquired in such circumstances. (GMC) He should likewise consider material laws or legitimate points of reference applicable to the various wards of U. K. In Re J (1990), court held that treatment was not to the greatest advantage of the patient if suffering was to an excruciating degree. In the event that the specialist gives treatment which would include physical assessment, medical procedure, or dressing an injury without a legitimate assent, he would be held at risk for battery. Regardless of whether treatment is proceeded after the assent is pulled back, it would add up to battery. In regard of Devi [1980], specialist was held at risk for battery for leading hysterectomy which the patient had comprehended as having assented for just fix of her uterus. In what is know as Glass case, Jones and Samanta (2004) report that for a situation that surfaced under the watchful eye of European Court of Human Rights (ECHR), mother demanded retaining her assent which specialists opposed and gave clinical treatment on two events with a goal to give him palliative consideration for a perishing tolerant. The kid has endure even today however the specialists acted to the greatest advantage of the kid. The ECHR granted expenses to David’s mother finding that specialists neglected to show adequate crisis to act in the child’s eventual benefits. To sum things up, the case was about Davis Glass, the patient conceived in 1986 as intellectually and truly handicapped who had been under 24 hour care and consideration by his mom and relatives. As he was not considered by them as in critical condition, relatives trusted he would endure his ordinary life expectancy. During 1998, he must be admitted to the Portsmouth Hospitals NHS Trust for a tonsillectomy. His postoperative condition got convoluted and after a few endeavors of revivals, specialist felt his condition had become terminal and further serious consideration would not be suitable. In any case, family felt specialists were not interventional enough as he was brought into the world debilitated and sure beyond words. Luckily, David recuperated and was released. On the following readmission, specialists needed to utilize sedatives in his treatment as a piece of palliative consideration to remember him of torment, uneasiness and pain. This was not settled upon by his mom who kept up that the specialists were endeavoring clandestine willful extermination and requested he be put to full revival with intubation if there should be an occurrence of heart failure. Specialists held the view that it would not be suitable and requested lawful exhortation. The specialist exhorted no court’s point of reference existed declining doctor’s choice to give palliative consideration to an inept patient and who is critically ill. This time additionally David improved and was sent home. In any case, on a readmission some time later, he was determined to have a terminally respiratory disappointment condition and henceforth was instructed organization with respect to Diamorphine for relief from discomfort and to liberate him from trouble. Be that as it may, the mother wouldn't accept that he was passing on and didn't consent to the organization of Diamorphine which she felt would ruin his odds of recuperation. In spite of her booking, medical clinic gave in the Diamorphine and after a ton of disturbance as result due to David’s mother’s response, the patient shockingly recouped though the two specialists and the patient’s mother had arrived at resolution that he was passing on. The creators infer that current case law and rules are not adequate to take care of such issues of whether specialists have acted to the greatest advantage of the patients or not. Citing Glass case, Hagger LE (2004) says that wellbeing experts ought to guarantee that their activities are self evident so they are not blamed for having acted in scurry and that if arrangements of Human Rights Act 1998 are seen by and by, there will be no drop out. In spite of the fact that the accompanying case isn't clinical law related, it would be of help with the instance of questions between guardians over their child’s right. The case included strict childhood and circumcision of the kid. Mother was a Christian and father, a Muslim. They were both non-rehearsing. Their multi year old kid had gained a blended legacy and mainstream way of life by being raised by his mom and remaining in contact with his dad. Under area 8 of the Children’s Act, father applied for boy’s circumcision which the High Court declined. The Lordship found that circumcision would be a greater amount of a special case than the standard since the kid was being raised in non-Muslim circle. Despite the fact that father requested guaranteeing that kid was brought into the world a Muslim and unimportant division would not render him a non-Muslim, the court held that s 1 (7) of the Children Act doesn't permit a parent to let his child experience circumcision without the assent of the other espe

Viscosity Free Essays

Thickness of Liquids Part I: Low Viscosities Mona Kanj Harakeh 1 Objectives †¢ To gauge and examine the viscosities of perfect (Toluene/p-Xylene) and nonideal (Methanol/Water) twofold arrangements and their segments. †¢ To decide the Activation Energy to gooey stream. †¢ The impact of temperature change on the thickness will be considered. We will compose a custom paper test on Thickness or on the other hand any comparable point just for you Request Now Strategy: The viscosities of fluids are controlled by estimating the stream time for different fluids in an Ostwald viscometer. 2 Ostwald viscometer 3 Viscosity †¢ The opposition of a fluid to stream is called its consistency Viscosity is a property of fluids that is significant in applications extending from oil stream in motors to blood course through corridors and veins. Estimating thickness †¢ How long a fluid removes to spill out of a pipette under the power of gravity. †¢ How quick an item (steel ball) sinks through the fluid under gravitational power. 4 Molecular properties adding to thickness Viscosity emerges from the coordinated movement of particles past one another, it is a proportion of the simplicity with which atoms move past each other. It is influenced by numerous elements, for example, †¢ Molecular size. Sub-atomic shape. †¢ Intermolecular collaborations (alluring power between the atoms). †¢ Structure of the fluid itself. †¢ Tempe rature(Viscosity diminishes with expanding temperature the expanding active vitality conquers the appealing powers and atoms can all the more effectively move past one another). 5 Viscosity ? The IUPAC image of thickness is the greek image estimated time of arrival â€Å"? †. ? Thickness â€Å"? † of a liquid is its protection from stream. ? At the point when a Liquid streams, regardless of whether through a cylinder or as the consequence of pouring from a compartment. Layers of fluid slide over one another. The power (f) required is straightforwardly corresponding to the Area (An) and speed (v) of the layers and contrarily relative to the separation (d) between them. Av Equ. 1 f fd gcms cm ? ? gcm ? 1 s ? 1 ? 1 piose ? 1P Av cm 2 cms ? ?2 d unit of consistency 6 Viscosity Units The unit of thickness is the balance named after Poiseuille Jean Louis Marie. It is most ordinarily communicated as far as centipoise â€Å"cP†. The centipoise is regularly utilized on t he grounds that water has a thickness of 1. 0020 cP at 20oC; the closeness to one is an advantageous happenstance. The SI unit of consistency is Pascal-second (Paâ ·s) = Nâ ·s mâ€2 or Kg m-1 s-1. †¢ In cgs unit 1 Poise â€Å"P† = 1 g. cm-1. s-1 (dyne . s) 10-2 Poise â€Å"P†= 1 centipoise â€Å"cP† 1 Pa. s = 103 cP 10 P = 1 Kgâ ·m? 1â ·s? 1 = 1 Pa. s 1 cP = 0. 001 Pa. s = 1 mPa. s †¢ The transformation between the units: 1 P = 0. 1 Pa. s For some fluids at room temperature the consistency is extremely little 7 (0. 002-0. 04) in this way (10-2 P), centiP is regularly utilized. Ostwald Method †¢ Time for fixed volume V of fluid to fall through a fine into a supply Upper Fiducial imprint †Depends on thickness. †Depends on consistency. Reference fluid is utilized. †¢ This sort can be utilized for fluids of consistency up to 100 balance. Lower Fiducial imprint 8 Ostwald Method The pace of stream R (cm3/sec) of a fluid through a ba rrel shaped container of sweep r and length l under a tension head P is given by the Pousille condition. Equ. 2 Measurement of P, r, t, V, and l allows the estimation of the thickness: Equ. 3 It is simpler to quantify the consistency of a fluid by contrasting it and another fluid of known thickness. Since P = ? gh Equ. 4 The consistency of an answer can be resolved comparative with a reference fluid (de-ionized H2O). 9 Oswald viscometer The Oswald viscometer is a basic gadget for looking at the stream times of two fluids of known thickness. On the off chance that the thickness of one fluid is known, the other can be determined. Ostwald viscometer is utilized to gauge the low viscosities’ fluid. After the supply is loaded up with a fluid, it is pulled by attractions over the upper imprint. The time required for the fluid to tumble from mark 1 to stamp 2 is recorded. At that point the time required for a similar volume of a fluid of realized consistency to stream under indistinguishable conditions is recorded, and the thickness is determined with Equation ? ? ? k? Equ. 5 ? ? ( r ) ? t ? r tr Where â€Å"r† alludes to the consistency, thickness and stream time for a reference fluid, normally water. In this way it is imperative to do set of estimations of known fluid and at controlled temperature. 10 Fluidity Equ. 6 †¢ The proportional of consistency is smoothness, F ? ? †¢ The idea of smoothness can be utilized to decide the consistency of a perfect arrangement. †¢ One specific bit of leeway for ease is that the fluidities of blended double arrangements of fluids an and b are around added substance. So if each unadulterated fluid has fluidities Fa and Fb, the smoothness of a blend is given by: where ? an and ? b is the mole division of part an and b separately, †¢ Fluidity condition is just marginally more straightforward than the proportionate condition as far as consistency  µ = ? : Equ. 8 †¢ where ? an and ? b is the mole portion of segment an and b individually, and ? an and ? b are the segments of unadulterated viscosities. †¢ The thickness of the blend isn't straight 11 Kendall proposed another methodology for communicating the consistency of a blend: ln? ? ? A ln? A ? ? B ln? B Equ. 9 Where xA and xB are the mole divisions of segment An and B separately, and ? An and ? B are the segments as unadulterated viscosities. The above condition is substantial for the Ideal Solutions, for example, Toluene/p-Xylene in which the collaboration energies between the parts are equivalent to those between the unadulterated segments. The disappointment of part fluidities to be added substance in the blended state emerges, at that point, either from the development of affiliation buildings between the segments or from the devastation of such edifices that might be available in the unadulterated segments after the unadulterated segments are blended. Under this condition the accompanying conditions would not be legitimate: and ln? ? ? A ln? A ? ? B ln? B 12 Temperature Dependence of Viscosity †¢ Over a sensibly wide temperature run, the consistency of an unadulterated fluid increments exponentially with opposite total temperature. †¢ This connection was first communicated quantitatively by Arrhenius E? (1912). ? ? An exp( †¢ Where A will be a steady for a given fluid and E? is the enactment vitality of consistency. †¢ The shipped particles ought to defeat the actuation vitality so as to beat intermolecular appealing powers. RT ) Equ. 10 †¢ A plot of ln ? against 1/T (Arrhenius plot) ought to be straight and have an incline equivalent to E? R. E ln ? ? ln A ? ? Equ. 9 RT 13 Experimental †¢ To gauge the consistency by Ostwald strategy, A fluid is permitted to move through a meager bore tube ( 1 mm) at that point the stream rate is resolved and the physical measurements for the cylinder ought to be known precisely. †¢ Ostwald viscometer ought to be adjusted with a reference fluid in this manner the sweep and Length of the viscometer can be known definitely. †¢ Operationally, the investigation is finished by estimating the time required for a given volume of fluid to move through the viscometer slim. †¢ The main thrust is the gravity. Ostwald viscometer is intended to keep the tallness of the partition of the upper and lower levels of the streaming fluid as steady as could be expected under the circumstances. 14 Calibration of the Ostwald Viscometer †¢ Ostwald viscometer is adjusted utilizing 10 mL of filtered water. The stream rate, thickness and known consistency of decontaminated water are utilized to compute k. Estimation of thickness of various arrangements †¢ The consistency of two blended arrangements in with various rates of fluids will be estimated utilizing Ostwald strategy. Synthetic substances Molar Mass(g/mol) Molecular Formula Methanol 32. 04 CH O Toluene 92. 4 CH A-Toluene/p-xylene p-Xylene 106. 16 CH Water 18. 02 HO B-Methanol/Wate r †¢ Measure the consistency for each unadulterated fluid at that point measure the thickness 20%, 40%, 60% and 80% rates by volume. 4 7 8 10 2 15 Procedure: Suspend the viscometer into an enormous container (2-L) of water that is put on a hot plate, that is as near 25â ° C as could reasonably be expected. Ensure the viscometer is completely submerged in the water. 1. Pipette 10 ml of de-ionized water of known thickness into the Ostwald viscometer and permit time for the fluid to equilibrate to the temperature of the shower. At that point utilize a pipette bulb to push or pull the fluid level up over the upper fiducial imprint on the viscometer. Permit the water to run down and start the clock precisely as the meniscus passes the upper imprint. Stop the clock similarly as the meniscus passes the lower mark. Rehash in any event twice. Your stream times ought to consent to inside around 0. 4 seconds. 2. Perfect and dry the viscometer by running a couple of milliliters of CH3)2CO through it. Channel the CH3)2CO and suction for about a moment to dissipate all the CH3)2CO. 3. Decide the stream times of every one of your methanol/water 16 arrangements at 25â ° C. Method: cont’d . Complete the arrangement by estimating the stream time for unadulterated Methanol. Rehash each at any rate twice. Your stream times ought to consent to inside around 0. 4 seconds. 5. Perfect and dry the viscometer as in the past. 6. Decide the stream times of every toluene/p-xylene arrangement as in sync 3. End the judgments w ith the unadulterated p-xylene. 7. For our temperature work heat the water shower in around 5 to 10 degree augments and decide the stream time of the unadulterated pxylene as before at every temperature. Ensure that the temperature is consistent. The specific temperature isn't significant as long as it is known to  ± 0.  °C, and that the viscometer has had the opportunity to equilibrate to another temperature. Stop at about 60â ° C. 17 Table Data 1: The stream times of each of ( methanol/water) and (toluene/p-xylene) arrangements at 25oC %by volume 100% water 20% methanol 40% methanol 60% me

Breakup Depression Symptoms, Coping, and More

Breakup Depression Symptoms, Coping, and More Depression Causes Print An Overview of Breakup Depression By Kendra Cherry facebook twitter Kendra Cherry, MS, is an author, educational consultant, and speaker focused on helping students learn about psychology. Learn about our editorial policy Kendra Cherry Updated on September 11, 2019 Mixmike/Getty Images More in Depression Causes Symptoms Diagnosis Treatment Types Childhood Depression Suicide In This Article Table of Contents Expand Symptoms Causes Diagnosis Treatment Coping View All Back To Top Breakups can take a serious toll on your well-being. Not only can the end of a relationship lead to major life changes in finances and living situations, but breakups also create a great deal of emotional turmoil. Some splits are easier than others. You might be able to let go and move on fairly quickly. In other cases, you might feel angry, sad, bitter, anxious, and heartbroken.   All of these emotions can be perfectly normal after a romantic breakupâ€"but if they lead to prolonged feelings of sadness and apathy, it might be a sign that something more serious is going on. Stressful life events such as a breakup or divorce can sometimes trigger prolonged and severe emotional distress.   One study found that even normal post-breakup emotional states closely resemble clinical depression. Experiencing depression and other symptoms following the end of a relationship is sometimes diagnosed as an adjustment disorder with depressed mood, also referred to as situational depression. While these feelings usually resolve within six months, it is still important to understand the signs and symptoms so that you can find help and support if you need it. Symptoms Feelings of sadness can vary from mild to severe after a breakup. Sometimes these feelings can be strong for a relatively brief period of time. In other cases, people might feel milder feelings of sadness that linger for a longer period of time. Because the emotional responses to a breakup can vary so greatly, it can sometimes be difficult to tell if what you are feeling is a normal response to the end of a relationship or something more serious. More serious symptoms that may indicate depression include: Feelings of hopelessness or helplessnessLosing or gaining weight; appetite changesSleeping too much or too littleLoss of pleasure and interestFeelings of worthlessnessFeeling sad, empty, or worthlessnessFatigue and lack of energyListlessness Grief and sadness are normal reactions after a stressful life event. Research has found that break-ups can influence people in a number of profound ways. Following the end of a relationship, people report negative outcomes such as distress, loneliness, and a loss of their sense of self. Give yourself time to grieve the loss of the relationship. Healthy responses include a period of sadness, crying, frustration, regret, and even the loss of interest in things you normally enjoy. It is a period of adjustment, so you need to give yourself some time to cope and heal before you are able to move on. While upsetting, these feelings usually start to lessen with time as you recover from the breakup. If your symptoms seem more serious than normal sadness after a breakup or if your symptoms seem to be getting worse, talk to your doctor about what you are feeling. How to Recognize Symptoms of Depression Causes As a form of situational depression, the end of a relationship is what triggers these feelings. A breakup can be a point of major change in a person’s life. Not only does it mean no longer being involved with someone you once loved, but it can also lead to an entire cascade of life changes. Shared friends may choose sides, which can lead to the end of other relationships. You might have to adjust your finances, your living situation, or even cope with the challenges of co-parenting children with your ex. Breakups can also influence how you view yourself. One study found that the end of romantic relationships influenced how university students felt about their own academic performance, including their ability to concentrate, their homework, and test scores. Another study found that breakups not only altered self-concept but that people who have a greater disruption in their self-image are also more likely to experience more post-breakup emotional distress. All of these adjustments can be challenging. They can make you feel confused, insecure, anxious, and sad. And in some cases, it may trigger more severe and longer-lasting feelings of depression. Diagnosis Breakup depression is not an actual medical term or diagnosis, but this does not mean that what you are feeling after a breakup does not represent a real condition. Once you decide to talk to your doctor or mental health professional about it, they will ask you a number of questions about your symptoms. You will need to explain the symptoms you have been having, how long you have had them, and how severe they are. Depending on your symptoms, your doctor might diagnose you with adjustment disorder with depressed mood (sometimes referred to as situational depression). Adjustment disorders are conditions that can occur when you have difficulty coping following a stressful life event.   To be diagnosed with this condition, you must: Begin experiencing symptoms within three months of the identifiable trauma (in this case, a breakup)Have symptoms that are worse than what is expected and that interfere in your daily lifeHave symptoms that are not the result of another condition or related to substance or alcohol use Different Types of Depression Treatment The good news is that even if you do experience depression triggered by a breakup, symptoms usually begin to get better on their own by six months after the event. As time passes, your situation improves, and you begin to recover from the breakup, in most cases, you will find yourself gradually feeling much better. If your symptoms are mild to moderate, you may be able to handle them on your own by practicing good self-care and surrounding yourself with a strong support system. If your symptoms are more severe or if you just feel that you need a little extra help coping, talk to your doctor or therapist. Counseling can be helpful to help you gain perspective, address negative thought patterns, and establish coping skills that may help you both now and in the future. The 7 Best Online Help Resources for Depression If your symptoms are severe or do not seem to be improving, your doctor may also prescribe medications such as antidepressants that can help. Coping Whether you’re are having normal post-breakup sadness or something more serious, there are things that you can do to make it easier to cope once a relationship ends. While there is no way to predict who will experience breakup depression, there are things that you can do to help make yourself more resilient to stressful events. Some things you can do include: Forming a strong social support networkCaring for yourself and your healthLearn problem-solving skillsWork on improving your self-esteemCreate goals to work towardsTake steps toward solving your problemsFind a sense of purpose in your life Research has also shown that writing about what you are feeling can improve coping after a traumatic event. One study found that people who used positively-focused writing had the greatest increase in positive emotions following a breakup. Finding ways to stay occupied can also be helpful. While you might be tempted to brood, doing things that keep your mind and body busy keep you from ruminating over negative thoughts. Try digging into a new project around the house or start up a new hobby that you’ve been wondering about. Exercising and spending time with friends can also be a great way to elevate your mood and cope with post-breakup stress. Breakups can interrupt your sense of personal agency and even challenge your self-belief. Focusing your attention on the aspects of your life where you do have more control, such as your work or your hobbies, can help you restore your sense of mastery and help you feel more empowered.   A Word From Verywell The end of an intimate bond can signal a whole host of life changes. Sometimes these changes can be a good thingâ€"it can lead to personal growth or moving on to a relationship that is more supportive and loving. In some cases, they can result in lingering feelings of depression. While it is normal to be sad or even heartbroken for a while after a breakup, you should talk to a professional if your symptoms seem to be stronger or lasting longer than you would normally expect. Focus on taking care of yourself, reach out to friends and family for support, and dont hesitate to talk to your doctor if your symptoms seem to be worsening. Why Some People Are Prone to Depression

Plato And Aristotle s Views On Life And Political Regime

Western philosophy’s origins can be traced back to the ideas of Greek philosophers Aristotle and Plato. Aristotle and Plato were philosophers who lived in Athens, Greece who critically studied matters of human life, political rule, human nature, and therefore wrote on the subjects. Plato s ideals are theoretically based and although Aristotle was one of his students his thoughts and ideas are more practical and biologically orientated than Plato s ideals. Although Plato and Aristotle have similar ideas on ideal human life and political regime there approach on both is distinct, since Aristotle focuses more on developmental and practical forms of life and Plato strives to proclaim the ideal forms although they may be unattainable. An ideal purpose or function exists for individuals in both Plato’s and Aristotle’s conceptualizations of mankind. This ideal purpose is called a telos, and every human being has a telos to live up to. According to The Republic wri tten by Plato the soul consists of three parts: reason, spirit and appetite. (Plato p. 130: 435 b-c; p. 135: 440 e) Each person is governed by one of the three components of their soul and it ultimately determines their role in society. Individuals with a soul that is dominated by reason are the only ones that are rational and those who spirit or appetite rule there body are deemed as irrational. The component of reason in the soul is the rational part which is wise and rules the spirited and appetitiveShow MoreRelatedAristotle And Plato : Definition Of A Good Citizen1965 Words   |  8 PagesJessica Arteaga-Ramirez Jackie Vieceli PS311 October 06, 2016 Aristotle and Plato (definition of a good citizen) Like other ancient philosophers, Aristotle and Plato had two different conceptions of the state, justice, and politics. 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George Orwell s Shooting An Elephant - 927 Words

Through reading and writing literature we use our brains to think abstractly about, and dive deeper into, common ideas. On the surface, George Orwell’s â€Å"Shooting an Elephant† tells the story of the struggle between those who rule and those who are ruled over, while personifying this struggle through the narrator and his internal struggle. I would argue that more can be taken from this essay and applied to make a lasting impact on the heart of a young person. We live in world where young adults are coming of age in a world where you express yourself in one-hundred-forty characters or less. Where peers are free to label each other as intolerant if they don’t share common views. Where the popular desire is not to be yourself, but to find a way to make yourself different. â€Å"Shooting an Elephant† has the power to give perspective on these destructive, and all too common, patterns of thought. In the light of the explosion of social media, we are witnessing a generation that is increasingly unable to focus. Social media is quickly retraining the brains of its users with constant notifications and its conversion of conversations to only comments. Orwell’s essay is perfect for presenting to young people because of decreasing attention span of our youth. This essay is concrete and concise. Much of the focus on teaching literature surrounds novels and poetry, while this essay allows readers to discover a story through a different way. The length of the essay also needs to be consideredShow MoreRelatedGeorge Orwell s Shooting An Elephant 1114 Words   |  5 PagesShooting an Elephant : George Orwell Since the publication of George Orwell s, Shooting an Elephant in 1936 many philosophers have engaged in conversation about humanity, violence, politics, power, dominance, race, culture and principles. Orwell was in fact a genius plain and simple, though in a very complicated way(Firchow 94). He brings you into the essay with his lucid and vivid details the entire way through from the setting I remember that it was a cloudy, stuffy morning at the beginningRead MoreGeorge Orwell s Shooting An Elephant And A Hanging 860 Words   |  4 PagesIn George Orwell’s Shooting an Elephant and A Hanging. The setting of both the spots was in Burma, a nation in Asia. In A Hanging the setting was principally in a correctional facility while in Shooting an Elephant was in a Moulmein, in lower Burma where an Elephant went quiet . The Characters in A Hanging were for the most part a Hindu who was little whit no hair and obscure fluid eyes, additionally he had a thick, mustache which was hu mongous for his body. Additionally George OrwellRead MoreAnalysis Of George Orwell s Shooting An Elephant 1265 Words   |  6 Pages  Shooting an Elephant is an essay by George Orwell, first published in the literary magazine New Writing in the autumn of 1936 and broadcast by the BBC Home Service on October 12, 1948. The essay describes the experience of the English narrator, possibly Orwell himself, called upon to shoot an aggressive elephant while working as a police officer in Burma. Because the locals expect him to do the job, he does so against his better judgment, his anguish increased by the elephant s slow and painfulRead MoreAnalysis Of George Orwell s Shooting An Elephant 1010 Words   |  5 Pagesforced to make can have long-lasting effects on them.†¯In Shooting an Elephant, by George Orwell, the author goes back to a situation in his life when he was a young adult where he had to make a choice between evil deeds. Many years later, the decision still haunted him. It takes place back when Orwell was a British police officer in Burma. He reevaluates his situation in life when he encounters a moral dilemma; to kill or save an elephant. Orwell is a confused and unhappy young policeman who lives inRead MoreAnalysis Of George Orwell s Shooting An Elephant 989 Words   |  4 PagesPride{1} Unanticipated choices one is forced to make can have long-lasting effects.{2} In Shooting an Elephant, by George Orwell, the author recounts an event from his life when he was about twenty years old during which he had to choose the lesser of two evils. Many years later, the episode seems to still haunt him. The story takes place at some time during the five unhappy years Orwell spends as a British police officer in Burma. He detests his situation in life, and when he is facedRead MoreAnalysis Of George Orwell s Shooting An Elephant 953 Words   |  4 PagesThe area of focus I chose was a work from the Innocence and Experience chapter. The work of fiction that I chose to analyze is â€Å"Shooting an Elephant† by George Orwell. The main question is whether what he did in the story was ethical. This story is about the inner fight between right and wrong, â€Å"if I do this†¦Ã¢â‚¬  or â€Å"if I do that†¦Ã¢â‚¬  or â€Å"what if I don’t do anythin g?† Bottom line is you’re damned if you do, and damned if you don’t. We all do this in some form or fashion, we all have that inner voice tellingRead MoreAnalysis Of George Orwell s Shooting An Elephant 985 Words   |  4 PagesUnanticipated choices one is forced to make can have long-lasting effects.{2} In Shooting an Elephant, by George Orwell, the author recounts an event from his life when he was about twenty years old during which he had to choose the lesser of two evils. Many years later, the episode seems to still haunt him. The story takes place at some time during the five unhappy years Orwell spends as a British police officer in Burma. He detests his situation in life, and when he is faced with a moral dilemmaRead MoreAnalysis Of George Orwell s Shooting An Elephant 1886 Words   |  8 PagesDisobedience† challenged its readers to â€Å"defy the law and the Constitution† of the United States (407). About eighty years later in 1936, George Orwell wrote â€Å"Shooting an Elephant† (307). In the essay, Orwell described a memorable experience of his time as an officer in imperialist Burma. â€Å"Shooting an Elephant† is a narrative account of Orwell’s encounter with a rogue elephant, acting as an extended metaphor for imperialistic England. Both of the essays revolve around governmental motifs. Based on the historicalRead MoreAnalysis Of George Orwell s Shooting An Elephant 1250 Words   |  5 Pagesbefore then. For example, in the essay â€Å"Shooting an Elephant† by George Orwell, Orwell himself is working as a British police officer in Burma in the 1920’s. He does not like his job because of his hate for the oppressive nature of the British government. However, he does take the job seriously. One day, he gets a report about an elephant tearing through the town. He quickly gets his gun and rides to the scene with his horse. Once Orwell arrives, the elephant is long gone, but he sees all the damageRead MoreAnalysis Of George Orwell s Shooting An Elephant 2165 Words à ‚  |  9 Pagesauthor of Shooting an Elephant, George Orwell, describes his moral troubles as a police officer in Moulmein in lower Burma (known as Myanmar in the twenty-first century) when encouraged by its citizens to kill a rogue elephant in town. Orwell details how nearly every citizen in Moulmein had a grudge against Europeans, and would, as a result, antagonize any European in the town. Orwell was a sub-divisional European police officer and had a particularly difficult time in Moulmein. Orwell explains one

How to Start an Iphone Repair Company Free Essays

DeviceTrade How to start an iPhone/iPod repair shop. DeviceTrade iPhone/iPod Repair On average 4. 5 million iPhone 3G and 3GS’s glass screens break every year. We will write a custom essay sample on How to Start an Iphone Repair Company or any similar topic only for you Order Now In the past the only options were to take the phone to Apple ($200 to repair), take it to a big repair shop ($80 to repair) or do a mail in repair service and be without a phone for 3-5 days. A new trend of home based iPhone repair businesses are now emerging and becoming extremely successful. The factors that contribute to their success are †¢ †¢ †¢ Local – Within 10 miles of customers Fast – Repairs done in under 15 min Inexpensive – On average charging $40 – $60 How to start a iPhone/iPod repair shop DeviceTrade Start-up After you have decided that you want to start an iPhone repair business the first step is to learn the repairs. It is easiest to do this by buying a broken iPhone so that you can practice on it and not worry about breaking one of your customers phones. This also gives you more time to get comfortable opening the phone up and working with the tiny components. Now that you have mastered the skills of the trade you can begin to determine how you are going to run your business. Things like where are you going to get replacement parts, how you are going to market, and where you actually want this business to take place. There are a growing number of people operating home based iPhone repair businesses and simply set up shop at home. This model works well because it helps to keep costs down on all fronts and you can work form the comfort of your home. Even if you do plan to open a store eventually, starting out of your home and getting a feel for the demand in your market is always a good idea. If you do decide to work rom home it is important to check local laws about running a business from your home and make sure that you are in compliance. How to start a iPhone/iPod repair shop DeviceTrade Which iPhone repair makes the most money? The iPhones front and back glass screen is very susceptible to drops and accounts for 80% of the broken iPhones out there. The rest of the repairs consist of water damage, charging port, speakers etc. The great thing about the f ront glass screen on the iPhone 4 4S is that a replacement screen can cost under $20. This leaves a profit margin of $20 – $40 per repair which takes on average 10 minutes. The business or repairing cracked iPhone screens alone is more than a $200 million dollar business, based on the average price of $50 per repair. How to start a iPhone/iPod repair shop DeviceTrade Inventory Your inventory level should grow as your sales grow. However, it is prudent to start small, keeping inventory at a realistic level. For instance keeping enough parts on hand to last you at least 5 – 7 days is a good measure. This way you will have enough time to order more parts and account for shipping time. It is always good to carry a little more inventory than necessary so that you are never out of parts if you have an un-particularly busy day. Another big factor when buying parts is the quality. There are dozens of parts suppliers out there and not all parts are created the same. For instance, the iPhone 4 screen has four different quality levels that are all marketed as the same part by online suppliers. You will never know which quality you get until they are shipped to you. There is also the question of using a US or Chinese supplier. It is recommended to start with a US supplier and then based on your own personal risk tolerance, and time you are able to wait for shipping try other options. How to start a iPhone/iPod repair shop DeviceTrade Pricing Pricing your repair services is a challenging proposition. Setting your price too low and you run the risk of undermining your profits. While if you set your prices too high you can run the risk of losing customers to competitors. One important thing to take into consideration is your competition and what prices they are charging. You can find them by doing an online search of â€Å"Your City iPhone Repair† and this should bring up your major local competitors. The one price point that is universal is Apple who charges $200 to repair a cracked screen. It is not always beneficial to undercut your competition, but in a home based iPhone repair business it is usually pretty reasonable since you are cutting costs on having a storefront. Setting your price is pretty straight forward just remember to account for the replacement parts, labor, advertising, and any other expenses that you incur. The typical profit margin for most repairs is $40 – $60. How to start a iPhone/iPod repair shop DeviceTrade Income Potential Opportunities in the home based iPhone repair business market are growing exponentially. Your income potential depends on how hard you work and marketing your business because if you live in any city or suburb then the market is there! There are dozens of iPhone repair businesses started by United iPhone Repair, some full time and some part time. The part time businesses, people just repairing phones in the evening, are able to bring in on average 3 iPhone repairs per day which equates to $37,500 in revenue per year or $30,000 in profit. While the full time businesses can bring in 5 – 10 phones per day and generate revenues over $100,000 annually. How to start a iPhone/iPod repair shop How to cite How to Start an Iphone Repair Company, Essay examples

Painting Analysis in Jane Eyre Essay Example For Students

Painting Analysis in Jane Eyre Essay Canes art transcends her isolation by bringing her into contact with others who see it; it functions as a bridge between her desire to be alone and her need for companionship. Despite her struggles With inner conflict and the people in her life, Jeans art helps her find personal power, marking her true identity as her own woman. Whether it is her love of drawings or the creations of her own, artwork has provide Jane a means of agency to survive the harrowing conditions afforded to the orphan child, allowing her to emerge as a wealthy, independent social equal. The first glimpse of Canes resourcefulness and mental escape comes from one of the first activities in the novel. She escapes from her powerless place in the hostile Reed household temporarily through a book taking care that it should be en stored with pictures She retreats to a solitary window-seat, having drawn the red Noreen curtain nearly close Haired in double retirement, and buries herself in Berwick A History of British Birds The window offered protection, but not separation from the outside: At intervals, while turning over the leaves of my book, I studied the aspect footpath winter afternoon Through the images and quotes contained therein, Jane manages to acquire the only kind of power to she access to- knowledge, Each picture told a story; mysterious often to my undeveloped understanding and imperfect feelings, yet ever profoundly interesting Her interpretation of the illustrations provides training for the young girl, vivo will later produce her own images. Her quest for identity and power has begun, and the young orphan begins to discover how she can begin her journey to find her place as a social equal. Interrupting her happy retreat, looking at the pictures, is her wretched cousin John Reed. He claims that Jane, as a dependent in his household, has no right to look at books without his permission. As punishment for her transgression, he throws her favorite Berwick Birds at her, physically knocking Jane down with its force (3-5). A fight ensues, with Jane comparing Reeds actions to those of murderers, slave drivers, and Roman emperors. Adults intervene; Jane is blamed for the conflict and is confined to the red room where she experiences terrible suffering, In this incident, Jeans visual pleasure takes the form of looking at art objects in prints and illustrated books. Instead of being a harmless leisure activity, this looking is regarded by the male character as a provocation, setting off various stratagems aimed to reconfirm rights tot ownership by laying down restrictive or subordinating conditions of access (Groom 374). Confrontations between Jane and male authority would follow her from her removal from the Reed home to her schooling at Elwood. Early on in her education at Alderwoman finds herself in a situation similar to that of the breakfast room incident at Gathered. Trying to escape the notice of the headmaster Mr.. Brochures. With no massive curtain to shield her this time, she held slate in such a manner as to conceal face (62). The treacherous slate slipped from her grasp and crashed to the floor. As she rallied forces for the Swart. It came (62). In a humiliating light Of indignation, Mr.. Brochures, placing Jane on a stool for all to see, biblically admonishes her for dropping school property. He further attempts to ostracize her from the others by condemning her a liar (information he received from Mrs.. Reed, Canes wretched benefactress). Jane serves the time, designated by her punisher, sobbing and full of shame. She realizes that this wrongdoing would eliminate Miss Temples promise to teach her drawing and to learn French. Jane descends from the stool in search of Miss Temple, her beloved superintendent, who often *listens to Mr.. Brushstrokes serializing in ladylike silence with her tout closed as if it would have required a sculptors chisel to open r (Gilbert 784). Miss Temple kindly allows Jane to speak in her detente, such an unfamiliar concept conning from the Reed residence. Once Canes story is corroborated she is rewarded with beginning lessons in drawing and French. Her subsequent years at the Elwood Institution, although glossed over by Bronze, are when Jane emerges as an artist. Her first sketch is landscape with a crooked cottage whose graphic limitations bring about a daydream that evening in which she envisions a feast of more accomplished imagery(72). Each imaginary scene is one she anticipates producing with her own hands: picturesque landscapes with ruins, lowing cattle that recall Dutch painters like Cup, butterflies hovering near roses, birds pecking at fruit. Through this elegiac, bucolic, wish-fulfilling dreamboats, she sees herself become adept at making freely- penciled, rather than minutely copied, renderings Of the natural world intensively and expansively observed. (Groom 377-378) Jeans goal is clearly much higher than reproducing Others works. She sees herself acquiring the skills off professional artist. Jane learns at Elwood that she can create and lose resell in alternate worlds when she draws and paints. She shows the ability to envision a cheerful life different from her circumstances. However, following Miss Temples departure from Elwood, Jane returns to feelings of isolation. Once again she finds solace gazing out a window, realizing the promise the other side has to offer. Her restless desire of life outside the classroom leads Jane to seek employment elsewhere. It is through her preparations to leave Elwood that the reader learns of Canes growth and achievement as an artist. Her pictorial facility is a landscape, a watercolors given to the superintendent of Elwood, who had interceded on her blithest Brochures to obtain tort Jane a reticence and permission to leave the school (Groom 379), The painting framed, and placed prominently over the chimney-piece, in the parlor at Elwood Her painting is one of several accomplishments that impress Bessie, the Gathered servant who visits upon learning of Canes departure for her next job at Threefold Bessie thinks the painting is beautiful: It is as fine a picture as any Miss Reeds drawing-master could paint, let alone the young ladies themselves, who could not come near it (90), Jane now possesses the accomplishments f a lady, and to a degree which will ensure her economic independence as a teacher. The picture Bessie sees is not described; it has no significance for Jane other than as a social gesture T functions simply as a milestone on her advance to independence (Militate 316). Canes artistic confidence and her newly acquired social status, follow her to her next adventure at Threefold. During her time as a governess, Canes art continues to gain the attention Of others. Shortly after Rochester first appearance at Threefold, he summons lane and tries to get to know Canes qualifications as governess for Ad ©el. Rochester asks to view again some of her work the young girl had shown him, adding, l dont know whether they were entirely of your doing: probably a master aided you? (124). Jane vehemently denies his accusation, yet Rochester remains skeptical. Analysis Of Islam EssayShe scolds herself for her romantic fantasies about Rochester that could ruin herself and her career. The contrast between the real and the ideal is imagined and put forth, to keep in mind the distance between desire and reality'(Swim 193). Here Jane paints out of her minds eye, not in order to indulge her imagination, but to control IL Jane returns to Gathered to visit her dying Aunt Reed. Bessie greats her kindly, but Jane otherwise receives a cold greeting from her aunt and cousins. Returning to such a disheartening place, coupled with missing Rochester, Jane uses her art as a means of comfort. She carries her art with her because art supplies her with occupation or amusement (250). Her first sketch there shows her thoughts in line with Rochesters as she sketches the characters that he often associated with her (Classes 116), She draws: Fancy vignettes, representing any scene that happened momentarily to shape itself in the ever-shifting kaleidoscope of im agination: a glimpse of sea between vivo rocks; the rising moon, and a ship crossing its disk; a group of reeds and water-flags, and a naiads head, crowned with lotus-flowers, rising out often; an elf sitting in a hedge-sparrows nest, under a wreath tot hawthorn-bloom, (236-237) Her fantasies shift to real possibility, she sketches a face-Rochester, all in heavy black pencil and complete with flashing eyes (237). Jane describing her own work and the qualities she seeks to emphasize in the artist strength, determination, flexibility and spirit reinforce what Jane finds attractive in Rochester _ The portrait of Rochester is involuntarily made and, in fact, helps to close the gap between the mind and the representational object: spontaneity, imagination, sexuality, and sexual desire combine to produce a portrait that faithfully represents the painters state of mind (Swim 195). In a time Of emotional need, she unconsciously conjures up a speaking likeness Of the man she loves (237). After leaving Threefold, following the interrupted marriage ceremony, Canes art provides a temporary asylum, as she grieves for Rochester. During her stay at the Moor house, her artwork earns her the admiration of Diana and Mary Rivers. They are so impressed with her talents that they give her all of their drawing supplies (360). Once again Jane attributes her talents with social status when she remarks, My skill, greater in this one point than theirs, surprised and charmed them (360). Their appreciation of her artistic skills, and their generosity help strengthen Canes weakened disposition, Jeans struggles to cope with losing everything that mattered to her, her artwork enlivens those around her- especially Roseland Oliver. Canes art excites admiration, impressing Rochester with its peculiar power and electric#wing Roseland with surprise and delight. Canes painting and sketching quietly satisfy an impulse toward a kind of display that is itself subordinated to pleasure in looking as when she happily agrees to sketch a portrait of Roseland: I felt a thrill of artist-delight at the idea of copying from so perfect and radiant a model (Newman 157). Jeans first description of Roseland presents a figure seen entirely from an artists angle: eyes shaped and colored as we see them in lovely pictures The penciled brow The livelier duties of tint and ray, (372). *The ease with which this terminology is manipulated shows a new detachment in Jane, as well as suggesting a certain superficiality in the figure she exams (Militate 319). Even though Jane can use her imaginative faculties to alleviate the pain of reality, she does not separate from reality (Classes 116). She grieves constantly for the loss Of Rochester and her identity. Her art does not offer the same gratifying rewards that it once did. Her work has continued to mature and is evident by Rosewoods portrait Mr.. Oliver and SST. John Rivers authenticate the precision of the portrait. The painting also causes Shoots to admit to Jane What she already knows that he is in love with Roseland and it is while he gazes at the picture that he allows himself to give way to his feelings for a set period of time a little space for delirium and delusion, he calls it (Loosen 256). The painting also serves another function. The portrait of Roseland Oliver brings to fruition, Canes aspirations for independence, SST. John recognizes her as the rightful heir of a fortune. His proof of her identity consists of a signature in the ravished margin of portrait-cover, which Jane confronts as if it belonged o another: Ye got up, held it close to my eyes: and I read, traced in Indian ink, in my own handwriting, the words JANE ERE' (392), Jane construes her signature as the work doubtless of some moment tot abstraction and thus disowns it as the product of her own volition, even as it fulfills the conditions of he uncles will and her own desires to be financially independent and to belong to a family (Marcus 217). Jane Eyres art is mode of self-expression, revealing in rare glimpses her depth of character and aspirations for independence As Militate suggests, her work is one means of charting her growth to maturity/ (315). Beginning in the window- seat at Gathered, a ten-year-old girl escapes abuse and neglect by escaping through images in her beloved books, through twenty years of creating herself through her art, Jane ends her career as an artist When she becomes Mrs.. Jane Rochester. In the account of her married life in the final chapter, all her imaginative activity and visionary skill are devoted to the task Of embodying in words, for the benefit of her blind husband. Her gift of words helps her to create a new artist identity-a storyteller.

Look Me in the Eye My Life with Asperger’s Essay Sample free essay sample

Look Me in the Eye: My Life with Asperger’sis a traveling autobiography of John Elder Robison. A narrative of endurance. it recounts how he was able to get the better of the odds of turning up with dysfunctional parents and unwittingly populating with Asperger’s Syndrome. He portions spots and pieces of a troubled childhood. remembering how he befriended a miss by petting her with a stick. It turned out to be the first in a series of rejections he was to see manner into his grownup life. at some point doing him turn inward. With every narrative. Robison cites his defects and the lessons he gleaned the difficult and painful manner. from an Aspergian’s point of position. He acknowledges his deficiency of empathy. his inability to do clear distinction between a immature individual and a moderate-sized Canis familiaris. and his repeating trouble to efficaciously pass on with other people. We will write a custom essay sample on Look Me in the Eye: My Life with Asperger’s Essay Sample or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page whether through oculus contact. existent conversation. or merely picking up societal cues. Nonetheless. all these did non halt him from detecting his endowment for electronics. He flitted in and out of sets. joined the corporate universe of video game technology. rose up the ranks. but quit his occupation and became a auto trader and refinisher. Robison’s developmental hold. as he had to happen out at the mature age of 40. was due to Asperger’s Syndrome. In the book. he invariably explains the inclinations and idiosyncracies of autistic people. and narrates how his status. while estranging him from friends. familiarities. co-workers and higher-ups at work. besides motivated him to endeavor difficult. explore and finally emerge exultant both in his calling and his ain household. Aside from John Elder Robison. the primary characters in his book.Look Me in the Eye: My Life with Asperger’s. include his parents. John and Margaret Robison ( who became a professor and poet. severally ) ; his brother Christopher ( who became Augusten Burroughs. a notable writer ) ; the childs and instructors at Philadelphia’s Mulberry Tree Nursery School ; vicinity familiarities ; Dr. Finch ; set members ; friends that include Jim Boughton and TR Rosenberg. John Elder Robison’s parents presumptively had the most impact on his life. While they were depicted to hold shown parental attention and responsibility. their downward spiral into depression ( for his male parent ) and lunacy ( for his female parent ) took its toll non merely on their ain wellness but besides on the proper upbringing of their childs. which in bend impeded the latter’s smooth and easy passage into mainstream society. Although John Elder recalls sing the household healer. Dr. Finch. wi th his household during his teenage old ages ( Robison. 2007. p. 55 ) . they finally backed out when Dr. Finch’s â€Å"increasingly eccentric behavior† ( Robison. 2007. p. 86 ) surfaced. As his mother’s mental status deteriorated. John Elder and his brother were forced to cover with the world that their parents were of a different cast. In a manner. it drove him and his brother to larn to fend for themselves at a immature age. The matrimonial prostration of his parents. which he saw coming. terrified and pained John Elder Robison. He impotently saw his male parent bend to alcohol and transform into a indurate adult male. while his female parent became a confused individual who would masticate on coffin nail butts and horrifyingly show her paranoia to the extent of stating his boy that devils were watching her. John Elder Robinson’s affliction with Asperger’s Syndrome frustrated non merely himself but besides those he wanted to befriend. every bit good as his parents and wise mans. He was misjudged and made to experience like he had a major defect. The ill will. in some manner. made him turn to puttering with machines. music and authoritative autos. which suited him good. Probably because of the book’s lighthearted tone. the impact of John Elder Robison’s status as an Aspergian on other pe ople’s lives did non look to be every bit grave as the reverberations that usually torment most other households with an autistic member. While being an Aspergian did badly compromise his societal and communicative interactions. the restrictions created by his upset did non. after all. hinder him every bit far as doing the most of himself and prosecuting his involvements were concerned. There were household issues that his immediate household members had to postulate with because of John Elder Robison’s upset. Fault-finding. concern and concern from his parents that he was non subscribing to behavioural conventions created strain on household dealingss. John Elder’s Aspergian head dictated that things be done in a certain extremely logical mode. As a child. when he got physical with one of his friends for what he perceived as disorderly drama wonts. it caught the anger of his parents. who failed to grok that the anti-social inclinations were stemming from an undiagnosed upset. As a effect of this upset. John Elder was regarded as a flawed single by those around him. and he was left with no pick but to stop formal schooling. It is a corroborated fact that many people with Autism or the less stigmatized Asperger’s Disease do non readily obtain entree to allow medical attention. particularly since few physicians have the specialized cognition to singlemindedly go to to victims of such conditions. Fortunately for John Elder Robison. he proved that he can happen his topographic point and map in the normal universe. even if his medical issues were non attended to early in his life. Not all Aspergian persons. though. may turn out every bit positively as John Elder did. given late. small. or no medical intercession. Furthermore. the medical community’s involuntariness to turn to a signifier of Autistic upset that does non suit snugly into the box of a more accepted medical forte puts many stricken childs in a agonizing state of affairs. their households torn apart or fumbling for medical replies. John Elder Robison himself expressed misgiving for the medical profession as shown by his hesitating stance when he described his family’s interaction with Dr Finch: â€Å"Sometimes it seems like he calmed things down. and other times it seems like he fired my parents up† ( Robison. 2007. p. 86 ) . He gives recognition to the bizarre healer. though. for being instrumental in controling the physical assault inflicted on him by his male parent. On the other manus. a therapist-friend in the individual of TR Rosenberg served like visible radiation at the terminal of a tunnel for John Elder Robinson. TR Rosenberg confirmed what many other autistic and Aspergian Syndrome sick persons and their concerned households genuinely want to hear: that Autism. or Aspergian Disease. can be treated. TR Rosenberg’s attack of jumping on John Elder Robison the truth about his status by demoing him a book may hold been galvanizing. but overall. his insightful diagnosing mirrors the immense positive impact a medical practician may hold on a patient. Robison clearly expressed gratitude for it. TR Rosenberg’s words to John Elder Robison. in refering to the Aspergian Syndrome. that â€Å"It’s non a disease†¦ It’s merely how you are† ( Robison. 2007. p. 236 ) mean the reassurance. alleviation and hope that most Aspergians and autistic people are in great demand of from medical practicians chew overing over su ch conditions. There are parts in the book when some readers will feel the apathy from the medical community. like in the chapter called â€Å"The Nightmare Years† where he cited the household healer Dr. Finch’s quaint behaviour. There is besides a part in the book when he coolly recalled. â€Å"For 10 old ages I had listened to my foremans that I could non pass on or work with other people† ( Robison. 2007. p. 214 ) . I feel that in such cases. the medical community failed the patient and his household. Existing in a society bereft of edifying medical literature or some other enlightening agencies that may cast visible radiation on a small understood upset. Aspergians – as with most other persons with developmental upsets – normally receive more than their just portion of obstructions to cope with. On the whole.Look Me in the Eye: My Life with Asperger’sis a good read worth urging to others. because it illustrates how. even with a potentially tormenting st atus and confusing deficiency of changeless parental nurturing. a individual can predominate. Mention Robison. J. ( 2007 ) .Look me in the oculus: my life with Asperger’s. New York: Crown Publishers.

German Immigrants and America essays

German Immigrants and America essays The 19th century was a time of rapid growth and change in America. It was a century of Westward expansion, and the building up of new cities like Chicago, St. Louis, and Milwaukee. It was a time where people from far off places packed up their belongings and sought out new opportunities as they immigrated to the United States. Immigrants brought with them their cultural backgrounds, traditions, and traits to their newly adopted land. The Irish, Italian, German, Polish, British, and Jewish were just a few of the different cultures that dominated the United States in the 19th century. The largest group of immigrants that came to the United States in all but three of the years between 1854 and 1894 were the Germans. By the end of the 1800s over five million Germans arrived and during the 1900s another two million came. The German immigrants came from a wide geographic area and for several different reasons (19th Century, 1998, para. 1). German immigration into the United States was a big movement during the 18th and 19th centuries and the Germans left their native land for several reasons. Upon their arrival into the United State they faced difficult challenges and had obstacles to overcome. Once the Germans arrived in the United States they moved westward, toward the Mississippi River. Many of them settled in several large midwestern cities, including Cincinnati, Milwaukee, Detroit, St. Louis, and Chicago. There they established ethnically homogeneous neighborhoods-called kleindeutschlands, or Little Germanys-that continued to grow with the arrival of new immig rants (Marger, 2003). By the late nineteenth century, Germans were the second largest ethnic group in the society, exceeded only by the British (Marger, 2003). Immigration to the United States was happening from several European countries during the nineteenth century. These immigrants came to United States for several reasons. The largest number of German imm...

Will American Airline and US Airways merge going to cause monopoly in Essay

Will American Airline and US Airways merge going to cause monopoly in major city'airfare - Essay Example Once the two airlines merge, they will operate as a single entity within the airline industry. Combining these firms’ business is seemingly detrimental to major city airfare. In this respect, there are diverse and dynamic arguments with regard to monopolization of major city airfare. The American Airlines-US Airways merger, however, is less likely to cause airfare monopoly in major cities. In their domestic and international operations, both American Airline and US Airways operate alongside other major airlines such as Delta and United Airlines. Monopoly over airfare would have to outperform other major airline in terms of air ticket prices. In this respect, the American Airlines-US Airways merger has limited chances of controlling airfare due to high competition in the industry. Although the merger could make American Airlines the biggest airline globally (Rosenbloom, 2014), the airline will still have to face stiff competition from other major airlines both locally and internationally. Without necessarily accounting for all major airlines, American Airlines will have to face Delta, United, and Southwest airlines as far as the domestic airline industry is concerned. Due to the competition factor, the firm, even after the merger, cannot base its primary operational strategy on airfare control. Airfare in major cities remains influenced by demand and supply factors, aspects that the merger would have to address before realizing monopolized airfares. Airfare-based monopoly will be difficult to realize in a highly competitive industry. Debates on the American Airlines-US Airways merge contend that air ticket prices could increase following the move (Rosenbloom, 2014). Critical to note, however, is that customers are rational as far price and utility are concerned. With or without the merger, consumer tastes, preferences, and decisions will still be critical to account for. This merger

The Economic Environment of Business Essay Example | Topics and Well Written Essays - 3500 words

The Economic Environment of Business - Essay Example This paper aims at indentifying the structure in which Ryanair operates while addressing how it has adopted its market strategies to gain entry into new markets. Also the regulatory issues that it has had in regards to the existing market will be discussed. Lastly, the paper will consider the directions it is taking in terms of international expansion, capital acquisition and challenges faced. In order to understanding the airline industry it is important to understand the customers first. The airlines on the other hand are customers to airline manufacturers like Boeing and Airbus (Palmer & Ponsonby 2002). The governments and the global economic structure are the other factors that highly affect the airline business. It is important to appreciate however that despite the industry having many players and obstacles, it is ever growing in terms of companies expanding while others coming up. The airline business has enhanced international trade and investment for many years thereby taking a huge stake in encouraging globalization (Gregory & Marilyn 2004). This means that many other industries in the global economy highly depend on it. The airline industry has been on a steady growth of about 7% for the past decade in respect to expansion moves but not necessarily profitability. However, business and tourism travel hugely increased over the same period owing to the increased l iberalization of the world trade (Nigel et al. 2003). The European tourism market is shifting to Eastern Europe to destinations that were not considered for tourism there before. The IATA predicts that the airline business will grow tremendously by about 5% to 8% in the coming decade having grown at a rate of 5% this past one (Miriam 2010). However, the same body predicts that the industry will generally grow at a lower pace in America and Europe. The basic reason behind this arises from the fact that these respective industries are already fully developed.

Challenges And Constraints Of Solar Energy Environmental Sciences Essay

Challenges And Constraints Of Solar Energy Environmental Sciences Essay The biggest challenge that Solar Energy faces today is the alternative conventional energy sources that are cheaper in terms of consumption measures (Rupees per KWh).Electricity generated from Solar Energy is costlier compared to that produced from coal-fired power plants. Government and enterprises are working on producing cheaper solar cells to reduce cost of usage. Although the price of Solar Photovoltaic technology has decreased in the last years, it is still not a feasible solution for large scale power generation purposes. In India, the average cost of Photovoltaic modules is around Rs. 2 lc/KWh and the cost of electricity generation of electricity from Solar Photovoltaic and Solar thermal route is in the range of Rs. 12 -20 per kWh and Rs. 10 15 per kWh respectively. The electricity produced this way is four-five times costlier from that produced from conventional sources. Advancement in technology is required to reduce this gap. The manufacturing process needs to be more cost- effective since the Solar Photovoltaic conversion of electricity is a high-technology process demanding high level of skills and expertise. Companies are allocating special funds for research and development in the industry to encourage innovations to improve the process. Since the field is a relatively new one with less knowledge in the field, new companies face challenges in coping up with the existing players in the field. India is suitably located to receive sufficient sunlight all round the year. However there are a few places which do not receive enough solar energy throughout the year, which affects the cost of production. Areas which receive huge amounts of rainfall and are clouded for most parts of the year, automatically get ruled out as prospective sites for Solar Energy generation. Another major challenge that solar energy faces is storage of the generated power. Electricity from Photovolatic cells cannot be generated during the night and during cloudy days and hence suitable measures have to be adopted to store the energy produced during the other times of the day. Another major disadvantage is that access on a short term basis cannot be predicted. Since India is located near to the equator the incoming radiation fluctuate a little every year, it is however difficult to predict the incoming radiations on a day to day basis. Apart of this there are seasonal variations which cause the supply and demand to grow out of phase. It is thus imperative that Solar Energy cannot be relied upon as the only source of electricity for potential uses like space heating, till proper storage measures are invented. It is also difficult to store energy since it also increases the cost of production and installation. Only once this issue gets resolved can solar energy actually com pete with other existent sources of energy. ENVIRONMENTAL COSTS Due to absence of proper government regulation ,local government and individuals are skeptical about the effect that setting up of big solar power plants will have on the individuals and environment. A large scale solar power plant typically requires approximately one square kilometer for every 20-60MW generated. RAW MATERIAL AND WASTE PRODUCTS Some of the materials ( like Cadmium) used for producing Solar PV cells are hazardous and other raw materials like plastics used for the packaging of the cells are non-biodegradable, thereby impacting the environment. Although some of the waste generated during the manufacturing process is recyclable (silicon), not all other materials are recyclable and disposal of the same is a challenging process. AESTHETICS AND DESIGN Another barrier to wider adoption of solar cell and solar module products and systems among commercial and residential consumers is aesthetics and design. Consumers have resisted solar products for aesthetic reasons. Established solar products are heavy, rigid, fragile and non-modular. Solar cell and solar module manufacturers can improve aesthetics by developing products that can be more attractively integrated into building structures, and that are lighter, flexible and modular and hence more feasible. Growth in future and driving factors Concentrated Solar Vs Photovoltaic Solar Solar energy utilization technologies can be broadly classified into two categories as Concentrated Solar Technology Photovoltaic Solar Technology In Concentrated Solar Technology the solar energy converts heat liquids into steam, which is then used to drive turbines to produce electricity, heating and cooling purposes, providing hot water etc. In PV Solar, solar panels are used to produce electricity. The Concentrated Solar technology provides a good alternative to PV solar, one that is less expensive and more versatile. Benefits of concentrated solar technology are: It uses existing resources like generators, piping and mirrors. Due to which the production costs are much lower than PV solar In producing solar energy no hazardous materials are used. Thus it is free from production hassles that could arise due to future government laws or policies. It can also store the heat that is generated during the day, and use it at a later time when the electricity is needed. Storing heat is much more efficient than most forms of storing electricity, and does not require expensive equipment or large tracks of land. Due to the aforementioned benefits Concentrated Solar Technology is currently a more sought after method. But the potential for PV Solar Technology is higher and is being worked over across all countries. Government incentives Major percentage of the solar energy production has been backed by the government world over. Few of the government incentives in the following ways are: FIT (mainly in europe) Direct Subsidy on panels Renewable Portfolio Standards (RPS, in US) ITC (Investment tax credits, in US) Some of the goals with respect to solar energy of different countries driven by government initiatives are: The  European Union  has linked goals to get 20% of its energy from clean sources by 2012. Chinas Renewable Energy Law aims to raise the total percentage of renewable energy used in the country to 15% by 2020. The U.S. Stimulus Bill of February of 2009 included $60 billion in loan guarantees for companies building solar and wind plants with the goal of doubling renewable energy production from 2009 to 2012. In June of 2008, Germany approved a law cutting its solar subsidies by 10%. Further, under the law subsidies will fall another 8%-10% each year for the next three years. The Spanish Government cut its solar subsidies by 30%. Renewable energy demand Shifts in renewable energy demand are a major driver for the solar market. Two major drivers of this shift are climate change  and  peak oil. Climate Change With more people than ever being aware of global warming and its potential effects, and fear of the repercussions of a carbon-based energy scheme is driving consumer demand for alternatives like solar. With increasing number of people being aware of global warming and its harmful effects, rising fear caused due to carbon based energy production, the demand for alternative energy resources are in demand. The number of awareness campaigns to promote the use of alternative resources has increased tremendously over the past few years and will continue to rise in the future. Wind and Solar energy are the first potential step taken into consideration. Peak Oil and Energy Independence The ever rising oil prices and the scarcity of finding the mines and oil reserves are a growing concern. It is predicted that the oil resources will dwindle to such an extent that the growth of any country will be a standstill if measures are not taken today to curtail the dependence. Furthermore, a large part of the world oil supply can be found in politically turbulent countries; with OPEC having dominant control over world oil supply (and, therefore, prices), many countries desire energy alternatives in order to break dependence on geopolitically unstable nations. Technology and Silicon Supply Silicon was previously used extensively by the semiconductor industry. But, with the advent of solar power and its rapid growth the demand for them has increased exponentially, resulting in an under-supply of silicon unable to meet the current demand. Thus the higher prices in silicon mean higher production costs for solar companies and lower margins. For a sustainable growth and control in costs of production in the future the demand-supply equilibrium must be in check. In recent years the technical advancements in the field of solar power has been rapid and tremendous. Everyone across the value chain, manufacturers and suppliers are working towards producing more solar energy out of the existing solar equipment. Advancements have included increasing cell energy efficiency, using thinner wafers, and increasing generating power in low-light (generation of energy even on a cloudy day). The advancement in two new manufacturing processes namely string-ribbon technology and thin-film technology, designed to drastically reduce the  silicon  required to make PV cells, could dramatically decrease the cost of new PV cells. The use of a new nanotechnology based approach using Tetrapod Quantum Dots (TQ-Dots) is being considered. It is an economical alternative to replace the silicon wafer based solar cells with flexible TQ-Dot solar cells and has the advantage of generating electricity from UV and infrared wavelengths allowing generation 24/7. Government Regulation As the solar industry continues to grow at 25% per annum, the government is faced with the challenge to regulate the industry to allow for equitable distribution of the industry benefits. The Union Ministry has set up a separate Ministry of Non-Conventional Energy Sources later renamed as Ministry of New and Renewable Energy. The government is trying hard to bring India to the number 1 level by introducing grid based incentives and providing concession at various levels of manufacturing and distribution in its recent budget 2010-11. Effect on the Environment: There is an ongoing debate on how Concentrated Solar Plants especially inare affecting the environment. There is a concern how the use of vast amounts of public land for Solar Energy development will affect local inhabitants. Local Government and Environmental bodies have raised concern for reliable regulatory measures to be setup to understand the affect on the operations of such large plants on the environment. It is expected that the government will frame certain special energy zones, where concentrated solar plants will be setup. Permitting: The permit fees to set up Solar Plants varies in different areas in the countries, which causes variations in the setup price causing a dilemma in the minds of prospective investors.The cost of Solar Installation in a city varies from Rs.15,000 to Rs. 50,000.Many countries that used to face such issues are now migrating to a uniform permit fees system to encourage investment in this field. Regulating Solar Energy Providers: As part of JNNSM, government has dedicated NTPC VidyutVyapar Nigam, for the purchase of Solar Energy by independent solar plants, the prices of which are fixed by the Central Regulatory Electricity Commission for a given period of time. The power distribution companies will purchase the power generated from these plants at the prices set by the regulator.They would also follow the below mentioned norms: CERC has announced tariff of Rs. 18.44 per unit for solar PV power and Rs. 13.45 per unit for solar thermal power for 25 years; Zero or concessional duty to be applied on import of some specific items; Zero Excise duty on manufacture of many solar energy devices within the country; NTPC VVN will purchase solar power for a period of 25 years at fixed tariff announced by CERC; CERC will review the costs every year and fix tariff accordingly for new projects. Union Budget 2010-11: Government has announced an allocation of $10bn for the Jawaharlal Nehru National Solar Mission. The budget also provides incentives to private solar companies by reducing customs duty on solar panel by 5% and exempting excise duty on photovoltaic panels.

Brunswick Plastics Essay

Introduction Brunswick Plastics, located in Canada, is an injection molding company. Brunswick Plastics produces 50 different products; however, they are not reaching capacity. Production required multiple labor hours, and since they weren’t at capacity, they were finishing a little above breakeven. The Division Manager of Brunswick Plastics, Michael Smith was informed of an opportunity for his company and must make a decision on whether or not to venture into this opportunity. Mr. Smith was informed of a project of producing 150,000 milk crates. He can place a bid for the project. However, Mr. Smith isn’t confident in the information that he has, and needs answers to best estimate the costs of producing the additional units. The costs that he knows are as follows: Production Labor$0.14 Loading Labor 0.02 Crate Materials 1.71 Stamp Materials 0.04 TOTAL$1.91 per unit Stamping Machine $5,000 one-time cost Mr. Smith must make a critical pricing decision to have a competitive advantage in the bid process. He has specific questions which answered, will provide a confident grasp on the situation to enable him to make a decision on whether to place the bid and at what price. If the bid is too high, it will most likely be rejected, and the company would lose the opportunity to reach capacity and make a higher profit. But, if the bid is too low it would cause a loss for the company. We will answer Mr. Smith’s questions throughout this case analysis. Question #1: Based on your interpretation of Exhibit 3, what is your estimate of the change in â€Å"PFMOH† cost if the factory were to run one extra batch of 150,000 milk crates? Based on the interpretation of Exhibit 3, the linear regression that has the most accurate relationship with Plant Fixed Manufacturing Overhead (PFMOH) is Direct Labor Hours (DLH). Michael Smith calculated that 3,472 scheduled machine hours would be need, 2,083 running hours. Using the equation, PFMOH=4321+(2.85*DLH), and knowing that an operator must be present for each hour of scheduled machine hours (3,472), we can determine an increase of $14,216.20. We must also factor in depreciation expense (straight line depreciation) of $500 annually ($5,000/10years). Yielding a change of $14,716.20. 4,321+(2.85*3,472)=$14,216.20 $14,216.20+$500=$14,716.20 Question #2: What is your estimate of the incremental cost per unit for one batch of 150,000 milk crates? The incremental cost per unit is $2.09 and is determined by adding the direct labor and direct materials per unit to the variable overhead. Variable overhead is determined by multiplying the number of machine hours by the â€Å"rule of thumb† for variable overhead, which is stated in the case as $13 per machine hour of â€Å"running time,† and dividing the product by the number of units. ($13*2,083)/150,000=$0.18 $1.91+.18=2.09 Question #3: What does Exhibit 2 suggest would be a â€Å"normal† price for milk crates for an â€Å"average† job shop? What does this suggest about the $3.00 price which seems to prevail at the time of the case? The case suggests the price for the crates for an average job shop is: 150,000*$3.00=$450,000*57%=$256,500 Therefore, the direct materials and direct labor is $256,500, $1.71 per unit for the average job shop. At $1.71 per unit, Brunswick’s bid price will be much higher at $3.00, which increases the chance that the bid will be rejected. Question #4: What is the â€Å"strategically relevant† cost per unit for milk crates? (for purposes of deciding whether or not the $3.00 â€Å"market price† is profitable, on an ongoing basis) At $3.00 market price, producing the 150,000 crates would be profitable for Brunswick, because the profit per unit is $0.81. Production Labor$0.14 Loading Labor 0.02 Crate Materials 1.71 Stamp Materials 0.04 Variable Overhead 0.18 PFMOH 0.10 TOTAL COST$2.19 per unit $14,716.20/150,000=$0.10 $3.00-$2.19=$0.81 At $0.81 a unit for 150,000 units, Brunswick’s annual profit would be $121,500. $0.81*150,000=$121,500 Question #5: What is your advice to Mr. Smith regarding the milk crate opportunity? Be specific and show the calculation supporting your advice.  Assuming the original fixed costs will not be changed, we would recommend that Mr. Smith place the bid for the project. A price of $3.00 is the average current market price; however, considering Mr. Smith’s need for the contract to alter his contribution margin and to meet capacity, we recommend him bidding at $2.90. His opportunity cost of not getting the bid is greater than the $0.10 he will lose if he made a bid at $2.90.The chances are fair for Mr. Smith’s bid to be accepted at this price. If it is accepted, Brunswick would increase their profit by $106,500 annually. They would also come much closer to meeting capacity if they placed the bid. $2.90 Market Price per unit-$2.19 Total Cost per unit= $0.71*150,000 units=$106,500 of profit Question #6: What overall strategic advice do you have for Mr. Smith? What isn’t the business doing better, given the new â€Å"specialties strategy† and good business conditions? Support your answer with relevant cost analysis. Based on details within the case, Mr. Smith is obviously bidding jobs too high and not allowing his plant to increase its volume and obtain full  capacity. We would advise Mr. Smith to get a better understanding of his costs in order to price his jobs more competitively. Take this project for example, if the incremental cost of this milk crate project is $2.09 and he is certain he can win the bid at $2.90, then that $0.81 of revenue can contribute to 55% of the SG&A costs for the year, from a project that is only 25% of Brunswick Plastics annual sales revenue. Additionally, the case states that a successful bid would give Brunswick a competitive advantage in future orders. Therefore, if they won the other half of the milk crate orders, it would further cover their fixed overhead and not hinder the capacity requirements of the other products Brunswick produces. $0.81*150,000=$121,500/$220,000=.55 or 55% Conclusion Considering the calculations we have made, we recommend that Michael Smith place a bid on behalf of Brunswick Plastics for the 150,000 milk crate project at $2.90. It will be wise for Mr. Smith to come in at the lowest market price to dramatically increase the chances of his bid being accepted. Brunswick needs to win this bid so that they may be able to better their contribution margin and come closer to meeting capacity. A win will also increase profit, so they are much higher above breakeven. This could lead to further business with the Dairy Counsel as well.

Company Law

BT20403/Company Law Business Entities: Company Law Topics covered: Types of Company Formation of a company; †¢ Promoters Pre-Incorporation Contract †¢ Memorandum and Articles of Association Inconsistency between the object and the company’s activities Upon incorporation: †¢ Company is an artificial legal person †¢ Separate legal entity Lifting the corporate veil scs&ismk/company law CONT. 2 The Effect of Incorporation †¢ Memorandum of Association & Articles of Directors’ duties and liabilities association †¢ Common law & statutory †¢ Termination †¢ Limited Liability Winding up Doctrine of Ultra Vires Pre-Incorporation Contract Directors’ duties and liabilities scs&ismk/company law 3 In Malaysia, the law relating to companies are governed by the Companies Act 1965 (CA 1965). scs&ismk/company law 4 The word company or corporation is defined under s. 4(1) CA: Besides the CA 1965, other relevant legislations are the Capital Markets Act 2007, the Securities Commission Act 1993 and the Companies Commission of Malaysia Act 2001. â€Å"company† means a company incorporated pursuant to this Act or pursuant to any corresponding previous enactment; Although company law in Malaysia is based mainly on CA 1965, there are key areas of company law hich are based on judicial precedents. â€Å"corporation† means any body corporate formed or incorporated or existing within Malaysia or outside Malaysia. A company or corporation is a legal association of people who combine to finance a business. scs&ismk/company law 5 scs&ismk/company law 6 1 BT20403/Company Law A company with share capital is a private co mpany if its M&A provides: s. 15(1) S. 14(2) S. 14(2) CA 1965 provides the classification of companies: †¢ restricts the right to transfer shares; †¢ Limits the number of members to not more than 50; †¢ Prohibits any invitation to public to subscribe any of Type of companies he company’s shares or debentures; †¢ Prohibits any invitation to public to deposit money Limited by shares Limited by guarantee with the company Unlimited liability A public company is a company other than a private company refer s. 4(1) for definition Limited by both shares and guarantee scs&ismk/company law †¦cont 7 Obtain approval for the proposed name; Lodge certain documents with SSM (Suruhanjaya Syarikat Malaysia/ Companies Commission Malaysia (CCM) ) including: – Defines the essential company’s structure †¢ †¢ †¢ †¢ Memorandum and Articles of Association; Statutory declaration by promoters and directors; Particulars of directors and registered office; Declaration of compliance; Statement of the allotment of shares of the Name of the company Company’s equity Company’s liability Object of the company scs&ismk/company law 9 10 Each company must have its object. Alteration of the general provisions of the Memorandum of Association to the extent and manner provided by the CA – s. 21. The objects are stated in the Memorandum of Association. The company may, by special resolution, alter the memorandum by altering or by deleting, the provision, unless the memorandum itself prohibits the alteration or deletion of that rovision – s. 21A. scs&ismk/company law components 8 3rd party who deals with the company may refer to the company’s M&A which is deposited with CCM. Pay the registration fees scs&ismk/company law scs&ismk/company law The purpose: †¢ To define and limit the activities of the company. †¢ If there is discrepancy between the object and i ts activities, thus such transaction is ultra vires and void. 11 scs&ismk/company law 12 2 BT20403/Company Law By virtue of s. 28(1) CA, the company may alter the provision of its memorandum with respect to the objects of the company. If company’s activities inconsistent with the object, Refer to Ashbury Railway Carriage & Iron Ltd v Riche (1875) Common law position – such ultra activities are ultra vires hence void and unenforceable. It cannot be ratified. Alteration can only be done by special resolution at the General Meeting. Statutory provision s. 20 Companies Act 1965 – such transactions are valid. scs&ismk/company law 13 scs&ismk/company law 14 Alteration of the general provisions of the Articles of Association by special resolution s. 31 CA A set of regulations for internal management of the company. Option: The company may: – adopts Table A, Fourth Schedule of the CA 1965 – (s. 30); excludes Table A, Fourth Schedule of the CA 1965;  œ creates its own AA, yet does not exclude the application of Table A, Fourth Schedule of the CA 1965, thus Table A will be applicable in the event of any lacunae. scs&ismk/company law 15 scs&ismk/company law It is a binding contract between the company and its members; – Hickman v Kent Sheep Breeders Assoc (1876) – Eley v Positive Government Security Life Assurance Co (1875) Before a company can be formed, there must be some persons who have an intention to form a company and who take the necessary steps to carry that intention into operation. (Setting up the company) It is also a contract between individual members in their capacity as members. – Wong Kim Fatt v Leong & Co Sdn Bhd (1976) – Rayfield v Hands (1958) 16 Per Cockburn, C. J in Twycross v Grant (1877), a promoter is described as â€Å"one who undertakes to form a company with reference to a given project and to set it going, and who takes the necessary steps to accomplish that purpose. † scs&ismk/company law 17 scs&ismk/company law 18 3 BT20403/Company Law Promoter owes fiduciary duties towards the company: Promoters owe fiduciary duties towards the company, not to the individual members of the company. †¢ To act in good faith To ensure that there is no conflict of interest If the promoter is in breach of his fiduciary duties, it is the company who may take legal action against the promoter. Refer to cases: – Erlanger v New Sombrero Phosphate Co (1878) – Gluckstein v Barnes (1900) scs&ismk/company law 19 scs&ismk/company law 20 Failure to disclose , company has options: A promoter has to disclose any transaction entered, either by, †¢ Company may rescind the contract (Erlanger v †¢ disclosing in M&A; †¢ by communicating to an independent Board of New Sombrero Phosphate), and Directors; †¢ By communicating to the existing and intended embers of the company. †¢ in certain circumstances, company may be able to claim the secret profit obtained by the promoter (Gluckstein v Barnes), †¢ Company may file suit for damages for the breach of fiduciary duties (Re Leeds & Hanley Theater), scs&ismk/company law 21 If the company elects to affirm the contract, company may have a cause of action against promoters for: 22 At times, promoters will have to enter a contract with a third party though the company has yet to be registered. We have to analyse above situation from both position i. e. Common Law and Statutory †¢ deceit, †¢ fraud †¢ negligent misrepresentation cs&ismk/company law scs&ismk/co mpany law 23 scs&ismk/company law 24 4 BT20403/Company Law Pre-incorporation contract is a contract entered by any person on behalf of a company prior to its incorporation: Once such contract is ratified by the company then it will be of retrospective effect, s. 35(1). †¢ Common law: Failure to ratify will render the person who enters the contract to be personally bound by the contract, unless there is an express agreement to the contrary, s. 35(2). Company is not bound by a pre-incorporation contract as the principles of agency cannot be invoked (Kelner v Baxter, Newborne v Sensolid, Phonogram, Rover Industrial etc). †¢ Statute: If company ratifies the pre-incorporation contract, the company will be bound by and entitled to the benefit of the contract as if it had been in existence at the date of the contract, s. 35 CA 1965 (Cosmic Insurance Corporation Ltd v Khoo Chiang Poh (1981) scs&ismk/company law Common Law the pre-incorporation contract is unenforceable on the grounds that: the company is not in existence yet, thus law of agency is inapplicable. the company cannot ratify such transaction as there is no principal-agent relationship involves. 25 Statutory 26 Company XYZ was set up on 1 March 2011; Ms Kyra (promoter), on behalf of Co. XYZ, entered a transaction with ABC on 15 Feb 2011; Co XYZ’s first meeting was on 10 March 2011, whereby Ms Kyra disclosed the pre-incorporation contract to Co. XYZ. s. 35(1) of CA 1965 allows the company to ratify such transaction, it will bind the company with retrospective effect Cosmic Insurance Corporation Ltd v Khoo Chiang Poh †¢ If XYZ has agreed to ratify the contract, thus XYZ is bound by the transaction with ABC with retrospective effect from the date of transaction (i. e. 15 Feb 2011). †¢ If XYZ refuses to affirm, promoter will be personally liable, s. 35(2). (1981) Newborne v Sensolid GB) Ltd (1945), Kelner v Baxter, Phonogram, Rover Industrial etc). scs&ismk/company law scs&ismk/company law 27 scs&ismk/company law 28 Upon incorporation, a company is considered as an artificial legal person, i. e a person created by statute. S. 16(5) CA 1965 provides that â€Å" on and from the date of incorporation specified in the c ertificate of incorporation but subject to the Act the subscribers to the memorandum together with such other persons as may from time to time become members of the company shall be a body corporate by the name contained in the memorandum capable forthwith of exercising all the functions of an ncorporated company and suing and being sued and having perpetual succession and a common seal with a power to hold land but with such liability on the part of the members to S. 16(5): As a ‘body corporate’, 1. a company’s obligations and liabilities are its own, and not those of its participants; 2. a company can sue and be sued in its own name; 3. a company has perpetual succession; 4. a company’s property is not the property of its participants; 5. a company can contract with its controlling participants contribute to the assets of the company in the event of its being wound up as is provided by this Act. † cs&ismk/company law 29 scs&ismk/company law 30 5 BT 20403/Company Law a. k. a corporate veil The company is a legal person separate from its participants. The law treats a company as being a separate person from its members and those who manage its operation. In the event of winding up, members are liable up to their unpaid shares only. They are not liable to contribute if they have had paid up their shares. This means that: Case Salomon v Salomon & Co Significance of the case †¢ its obligations and property are its own and not †¢ ‘Separate legal entity between members and those of its participants; and company’. its existence continues unchanged even if the identity of the participants changes scs&ismk/company law cash, debenture Pty Ltd company 20,001 shares Family 32 Facts: The company was put into liquidation; The assets were realised to pay off the secured creditors: †¢ Salomon was the debenture holder for Salomon & Co, hence was given priority The unsecured creditors were left empty handed Liquidator sued Salomon shoe business Salomon scs&ismk/company law 31 6 shares scs&ismk/company law 34 Lee v Lee’s Air Farming (1961) AC 12 Court of Appeal: †¢ Salomon was liable to indemnify the company against the losses. Abdul Aziz bin Atan & 87 others v Ladang Rengo Malay Estate Sdn. Bhd. [1985] 2 MLJ 165: House of Lords: †¢ Reversing the Court of Appeal’s decision. †¢ Salomon and the company were separate persons. scs&ismk/company law scs&ismk/company law 33 35 scs&ismk/company law 36 6 BT20403/Company Law In the Application for Re Yee Yut Ee (1978) 2 MLJ 142 – In a company limited by shares, a member’s liability to contribute to meet the debts of the company is limited to the amount (if any) remaining unpaid on their shares – s. 18(1)(d). The High court held that a director is not liable for the company’s debts. Allows investors to quarantine the risk of a particular venture from their other assets. In practice, creditors may negotiate personal guarantees from controllers. scs&ismk/company law 38 Once a person has sold or given his property to the company he no longer has any right over it. The property belongs to the company, and the member no longer has any right or interest. S. 19 mentions that a company has the ‘power to hold land’. This can be taken to mean that a company can own other types of property too. The property of a company is its own, and not that of its members. Macaura v Northern Assurance Co. Ltd. (1925)AC619 . Even if a member holds almost all the shares of a company, he does not have any proprietary interest in the company’s property. scs&ismk/company law scs&ismk/company law 37 39 scs&ismk/company law 40 The corporate veil will be lifted in these situations derived from †¢ Common law †¢ Statutory There are certain circumstances whereby the Court are asked to lift the corporate veil and ignore the separate legal entity of the company If the court lift up the corporate veil thus it will be able to discover the identity of the participants of the company and impose liability upon them. Thus, the separation between the company and its participants (members and officers) does not exist anymore. scs&ismk/company law 41 scs&ismk/company law 42 7 BT20403/Company Law Common Law In the event of evasion of contractual obligations – Gilford Motor Co v Horne -Jones v Lipman Sham purposes: Re FG Films Fraudulent: Re Darby The company is an agent or partner of the controller Taxation and nationality rules: Daimler Co Ltd v Continental Tyre & Rubber; scs&ismk/company law †¦common law(cont) Public interests (when it is just and equittable) – Aspatra Sdn Bhd & 21 Ors v Bank Bumiputera Malaysia Bhd & Anor †¦. statutory (cont) †¦common law (cont) holding – subsidiary: s. 5(1) Holding – Subsidiary †¢ S. 169 financial Companies: statement – Tiu Shiu Kian v Red †¢ Where the company is in Rose Restaurant Sdn the relationship of holding Bhd; and subsidiary, SLE is – Hotel Jaya Puri Bhd v inapplicable as the Act National Union of requires a consolidated Hotel, Bar and profit and loss account for Restaurant Workers holding and subsidiary company, s. 169 Statutory S. 36- member less than 2; S. 121(1) &(2) – misdescription (unless company is willing to ratify) providing share assistance to purchase own shares, . 67(5) Taxation purposes †¢ S. 140 Income Tax Act 1967 Payment of dividend from other sources, not from profit †¢ S. 365(2) DHN Food Distributors Ltd v Tower Hamlets London Borough Council †¦statutory (cont) issuance of prospectus which is pending approval †¢ s. 44(2) †¢ s. 48(4) incapable of payin g the company’s debt †¢ S. 303(3) – no reasonable or probable expectation fraudulent trading – s. 304(1) scs&ismk/company law scs&ismk/company law 43 44 Definition †¢ S. 4(1): A director is a person occupying the position of director by whatever name called. †¢ Includes a ‘shadow director': not an ‘official' irector, but someone whose directions board ‘accustomed to act’ in accordance with. A director must be a natural person and of full age: s122 (2). The general powers of management rest with the board of directors – Article 73 Table A. 45 scs&ismk/company law 46 Disqualification of Directors †¢ S. 11 CA – makes it a criminal offence for an undischarged bankrupt to act as a director or shadow director without judicial consent. †¢. Company Secretary †¢ Every company must have a company secretary. The secretary may be a director of the company, unless there is only one director, in which case t he ecretary must be the second individual. scs&ismk/company law 47 scs&ismk/company law 48 48 8 BT20403/Company Law Common Law Fiduciary duties †¢ Bona fide †¢ To act diligently †¢ To ensure that there is no conflict of interest Duty of care and skills †¢ Expectation of a reasonable man †¢ Delegation of authority Retirement Statutory To disclose any interest s. 131 To act in good faith – s. 132 Misuse of the company’s confidentiality- insider trading- s. 132A & s. 132B Unauthorised transactions that might jeopardise the company – s. 132C Interest in another company- s. 134 Secret profit- s. 135 scs&ismk/company law As agreed Resignation †¢ Tender notice as prescribed by the Articles of Association; Dismissal/Removal †¢ Without waiting for expiry of the term- could lead to another legal suit taken by the director against the company 49 scs&ismk/company law 50 Registrar’s power under s. 308: †¢ Defunct companies In ap proving the scheme of arrangement, the court may order immediately for dissolution of a company – s. 178. Voluntary winding up – s. 254 †¢ The members of the company may pass a resolution to wind up or through winding up by creditors Court’s Order – s. 217 †¢ The grounds as specified in s. 218(1) scs/company law 51 9