Skoog Solution of Chapter 15

Crouch Principles of Instrumental Analysis, 6th ed. Chapter 15 Instructor’s Manual CHAPTER 15 15-1. In a fluorescence emission spectrum, the excitation wavelength is held constant and the emission intensity is measured as a function of the emission wavelength. In an excitation spectrum, the emission is measured at one wavelength while the excitation wavelengths are scanned. The excitation spectrum closely resembles an absorption spectrum since the emission intensity is usually proportional to the absorbance of the molecule. 15-2. a) Fluorescence is the process in which a molecule, excited by the absorption of radiation, emits a photon while undergoing a transition from an excited singlet electronic state to a lower state of the same spin multiplicity (e. g. , a singlet > singlet transition).Phosphorescence is the process in which a molecule, excited by the absorption of radiation, emits a photon while undergoing a transition from an excited triplet state to a lower state of a different spin multiplicity (e. g. , a triplet > singlet transition). (c) Resonance fluorescence is observed when an excited species emits radiation of he same frequency at used to cause the excitation. (d) A singlet state is one in which the spins of the electrons of an atom or molecule are all paired so there is no net spin angular momentum (e) A triplet state is one in which the spins of the electrons of an atom or molecule are unpaired so that their spin angular moments add to give a net non-zero moment. (f) Vibrational relaxation is the process by which a molecule loses its excess vibrational energy without emitting radiation. 1 Principles of Instrumental Analysis, 6th ed. (g) Chapter 15Internal conversion is the intermolecular process in which a molecule crosses to a lower electronic state with emitting radiation. (h) External conversion is a radiationless process in which a molecule loses electronic energy while transferring that energy to the solvent or another solute. (i) I ntersystem crossing is the process in which a molecule in one spin state changes to another spin state with nearly the same total energy (e. g. , singlet > triplet). (j) Predissociation occurs when a molecule changes from a higher electronic state to n upper vibrational level of a lower electronic state in which the vibrational energy is great enough to rupture the bond. (k) Dissociation occurs when radiation promotes a molecule directly to a state with sufficient vibrational energy for a bond to break. (l) Quantum yield is the fraction of excited molecules undergoing the process of interest. For example, the quantum yield of fluorescence is the fraction of molecules which have absorbed radiation that fluoresce.Chemiluminescence is a process by which radiation is produced as a result of a chemical reaction. 5-3. For spectrofluorometry, the analytical signal F is proportional to the source intensity P0 and the transducer sensitivity. In spectrophotometry, the absorbance A is proporti onal to the ratio of P0 to P. Increasing P0 or the transducer sensitivity to P0 produces a corresponding increase in P or the sensitivity to P. Thus the ratio does not change. As a result, the sensitivity of fluorescence can be increased by increasing P0 or transducer sensitivity, but the that of absorbance does not change. 2 Principles of Instrumental Analysis, 6th ed. Chapter 15 5-4. (a) Fluorescein because of its greater structural rigidity due to the bridging –O– groups. (b) o,o’-Dihdroxyazobenzene because the –N=N– group provides rigidity that is absent in the –NH–NH– group. 15-5. Compounds that fluoresce have structures that slow the rate of nonradiative relaxation to the point where there is time for fluorescence to occur. Compounds that do not fluoresce have structures that permit rapid relaxation by nonradiative processes. 15-6. The triplet state has a long lifetime and is very susceptible to collisional deactivation.T hus, most phosphorescence measurements are made at low temperature in a rigid matrix or in solutions containing micelles or cyclodextrin molecules. Also, electronic methods must be used to discriminate phosphorescence from fluorescence. Not as many molecules give good phosphorescence signals as fluorescence signals. As a result, the experimental requirements to measure phosphorescence are more difficult than those to measure fluorescence and the applications are not as large.3 Principles of Instrumental Analysis, 6th ed. 15-7. Chapter 15 4 Principles of Instrumental Analysis, 6th ed. 5-8. Chapter 15 15-9. Q = quinine ppm Q in diluted sample = 100 ppm ? 245 = 196 125 mass Q = 196 mg Q 500 mL ? 100 mL ? = 490 mg Q 10 mL solution 20 mL 3 5 Principles of Instrumental Analysis, 6th ed. 15-10. cQ = A1csVs (448)(50 ppm)(10. 0 mL) = = 145. 45 ppm ( A2 ? A1 )VQ ( 525 ? 448) (20. 0 mL) Chapter 15 145. 45 ppm ? 1 mg quinine 1 g solution ? ? 1000 mL = 145. 45 mg quinine 3 1 mL 1 ? 10 g solution 0. 225 g Q ? 100% = 3. 43% 4. 236 g tablet 15-11. Assume that the luminescent intensity L is proportional to cx, the concentration of iron in the original sample.Then, L1 = kcxVx / Vt where Vx and Vt are the volume of sample and of the final solution, and k is a proportionality constant. For the solution after addition of Vs mL of a standard of concentration cs, the luminescence L2 is L2 = kcxVx / Vt + kcsVs / Vt Dividing the second equation by the first yields, after rearrangement, cx = L1csVs (14. 3)(3. 58 ? 10? 5 )(1. 00) = = 1. 35 ? 10? 5 M ( L2 ? L1 )Vx (33. 3 ? 14. 3)(2. 00) 15-12. Assume that the luminescence intensity L is proportional to the partial pressure of S* . 2 We may then write L = k[S* ] 2 and K = S* ][H 2 O]4 2 [SO 2 ]2 [H 2 ]4 where the bracketed terms are all partial pressures and k and K are constants.The two equations can be combined to give after rearrangement 6 Principles of Instrumental Analysis, 6th ed. Chapter 15 [SO 2 ] = [H 2 O]2 [H 2 ]2 L kK In a hydr ogen-rich flame, the pressure of H2O and H2 should be more or less constant. Thus, [SO 2 ] = k ? L where k? = 1 kK 15-13. The fluorescent center is the rigid quinoline ring, which is rich in ? electrons. 15-14. From Equation 15-7, we can write F = 2. 303 ? f K bcP0 = 2. 303 ? K cP0 ? 0 Dividing both sides by the lifetime ? yields F = 2. 303K bcP0 ? ?0 Since K? , ? , b, ? 0 and P0 are constants, we can write F ? = Kc where K is a compilation of all the constants in the previous equation. 7 Principles of Instrumental Analysis, 6th ed. 15-15. (a) Chapter 15 (b) (c) The corrected fluorescence Fcorr would be Fcorr = F? 0/? , where F is the observed fluorescence, ? 0 is the lifetime for [Cl–] = 0. 00, and ? is the observed lifetime. The results are in the spreadsheet. 8 Principles of Instrumental Analysis, 6th ed. Chapter 15 9

Organizational Design and Structure Essay

People are interested in great stories of great success. Lincoln Electric uses such practices as Intensive employee involvement (Advisory committee, Suggestions plan); Job security; Compensation (Piece-rate system, Bonuses, Report cards); Points for process improvements; Strong management control; No paid sick days; No paid training. General Electric is committed to equal employment opportunity, a basic of a free society. By continuing to extend equal opportunity and provide fair treatment to all employees on the basis of merit, we will improve GE’s success while enhancing the progress of individuals and the communities where our businesses are located. These two companies have different structures. But they are both successful. A narrow span of control consists of only a few employees; a wide span of control includes many employees. The tendency nowadays is to flatten organizations by widening the span of control and decreasing the layers of management (hierarchy), and by relying more on employee teams to take on many of the roles formerly performed only by managers. There is a limit to number of employees any one manager can properly supervise. If a supervisor has a wide span-of-control she is supervising activities of many people. If span-of-control is narrow few subordinates report to her. Wide span-of-control is possible in most assembly line situations where each employee has only a few repetitive tasks to perform. Wide span-of-control is possible in situations where subordinates are highly educated. Narrow span-of-control is advisable when cost of making an error or wrong decision is high. History indicates that a wide span-of-control is more productive in long-run. While different, Gen X and Gen Y have some similarities. Both will demand a more innovative workplace, with flexible hours, state-of-the-art resources, cooperative scheduling and supervisors who listen. One of the reasons Gen X and Y will be so valuable is that there will be a shortage of skilled managers to replace the retiring Traditionalists and Boomers. Developing experienced and skilled young managers will become vital to any organization hoping to compete in the future. The Apprentice. I will advice for women and men to improve the following features: Leadership takes courage and initiative. (Initiative is a critical component of good leadership. ); Self-awareness and self-correcting leadership; High energy. (A great leadership rule: if you want it, model it); No direction (clarity of roles and expectations), protection or order. A successful leader with a new team needs to set the stage for success by facilitating an initial session (order) to determine how the team will work together most effectively to achieve their task or goal. A leader should inspire confidence by creating a safe container (protection) for the team to elicit the highest of collaboration, creativity and effective strategy. All components of organisational design and structure were taken up. Organizational Redesign is structuring an organization, division or department to optimize how it supplies products and services to its clients and customers. The process of organization design matches people, information, and technology to the purpose, vision, and strategy of the organization. Structure is designed to enhance communication and information flow among people. Systems are designed to encourage individual responsibility and decision making. Technology is used to enhance human capabilities to accomplish meaningful work. The end product is an integrated system of people and resources, tailored to the specific direction of the organization.

A Comparison of Happiness and Power in Paradise Lost by John Milton and A Dolls House by Henrik Ibsen

A Comparison of Happiness and Power in Paradise Lost by John Milton and A Doll's House by Henrik Ibsen Happiness is a luxury only the powerful can afford. In light of this view compare representations of happiness and power in Paradise Lost and A Doll’s House. (30 marks) In both Paradise Lost and A Doll’s House, to say only those in power truly experience the luxury of happiness would be a somewhat reductive statement. Arguably, there are grounds to argue that Eve, as an embodiment of the weak woman in a patriarchal society, never receives the empowerment she desires, despite all efforts to strive for independence, knowledge and subsequently, happiness. Adam does, however, forgive her towards the end of the poem and their love becomes stronger, perhaps signifying a version of a happy ending. The title of the poem in the first place, however, ‘Paradise Lost’ suggests a loss of complete happiness and fulfilment and due to their own actions, Adam and Eve’s Utopia and Paradise is altered and corrupted. Like Eve, in A Doll’s House, Ibsen’s Nora symbolises the patriarchal stereotype of a supressed woman. Nora openly proclaims that she was never truly happy under the restrictions of her role as a housewife and a moth er, but as she leaves her family in search of herself she arguably becomes empowered. Despite the lack of resolution at the end we, the reader are given the impression that Nora will find, at least a happier life than the one by Torvald’s side. On the other hand, to say Nora’s abandonment of her family makes her powerful could be disputed considering the patriarchal context the play was written in. Nora perhaps does find happiness by leaving her family, but from a patriarchal point of view, for a woman to leave her ‘duties’ as a wife and a mother is a woman abandoning her purpose which, arguably, renders her weak and disempowered. Patriarchal and masculine power is a central theme to both texts which arguably leads to misery, not happiness as the repression of women causes their wives to ‘stray’ in seek of independence. Both men at some point lose the women that they love even if temporarily, thanks to their pride and desperation to hold onto patriarchal power. Arguably, Torvald plays up to this stereotype as the strong heroic protector wishing that ‘sometimes [†¦] some terrible danger might threaten [Nora] so [he] could offer [his] life [his] blood, everything for [her] sake.’ Nick Worrall argued that ‘his security depends on feeling superior,’; and as Torvald indulges in this patriarchal concept of a male hero, this statement rings true, portraying the idea that for a man to feel powerful, they must lure thus power and ‘superior[ity]’ over their wives. It appears, however, that Torvald’s words are false and empty as when faced with the opportuni ty to save his wife by providing the ‘miracle of miracles,’ it seems, he is unable to trade in his pride for the happiness of his marriage. Instead, he declares, ‘no man can be expected to sacrifice his honour, even for the person he loves.’ Arguably, Ibsen intended to use Torvald to represent the gender inequality in the time he was writing, and the importance of patriarchal male pride placed even above the importance of family and marital love. Perhaps by having Nora leave, Ibsen was trying to say that placing too much importance on being the stereotypical masculine figure and neglecting female rights would only lead to unhappiness. Arguably, this is seen where Torvald’s male pride leads to Nora’s realisation that he is not able to provide for her (haven’t you been happy here? / No; never. I used to think I was. But I haven’t ever been happy’) and consequently his misery as she abandons him in search of her freedom. Likewise, following Eve’s transgression (‘she plucked, she ate, earth felt the wound’) Adam is initially unable to put aside his masculine pride for the happiness of their relationship, and so despite maintaining power he does not seem to be presented as happy. This is made apparent when Adam’s address of Eve changes from ‘sole Eve’ to ‘ingrateful Eve’ as he blames and reprimands her: ‘bad woman.’ Like Torvald, Adam is unable to look past Eve’s transgression, which causes him to be bitter rather than happy as arguably, he is driven by his sexism and desire for power, and not his love. Weathers was of the opinion ‘that bitter antifeminism [†¦] accompanies young masculinity,’ a statement which seems to describe not only Adam’s behaviour, reflected by his twisted pet names but Torvald’s too as he also mocks Nora’s femininity with insulting remarks: ‘thoughtless woman.â⠂¬â„¢ In both texts, the male characters use the noun ‘woman’ to reprimand and mock their wife’s gender, arguably, to make themselves feel powerful and therefore happy. This attitude of male superiority was common in both contexts, but particularly in the 1600’s evidenced in Milton’s divorce tracts: ‘who can be ignorant that woman was created for man and not man for woman.’ Arguably, Milton’s views are expressed clearly through Paradise Lost as Eve is supressed and put back in her place, ‘safe and seemliest by her husband’s side’ and we are given the impression that had she listened to her husband, the fall would never have taken place: â€Å"Would thou hadst heartened to my words (Adam).† We see however, that this power, like with Torvald, does not bring happiness but anger and resentment and it is not until Adam is able to forgive his wife, and let go of his pride that he is able to pass the ‘tr ial of exceeding love’ and better their relationship. We see then that for both male characters in these texts, their desire for patriarchal power does not provide them with the luxury of happiness but pushes their wives away and makes them bitter and resentful. For Torvald, he is unable to rectify his relationship and is left at the end of the play miserable, and disempowered, but for Adam, despite the fall and his subsequent disempowerment, his relationship with Eve is reconstructed and we, the reader, is left with the impression that they are happy. On the other hand, the patriarchal stereotype categorises women as weak, yet in both texts, the female characters empower themselves by striving for independence, knowledge and happiness. Towards the end of A Doll’s house especially, we are given the impression that Nora will find happiness as she realises that she has ‘another duty which is equally sacred, a duty towards [herself].’ Jakovlievic argued that ‘Ibsen presents the image of a happy household infested with unhappy performatives’ but arguably, as the play draws to a close this image is shattered and the patriarchal pretences are revealed as Nora states: ‘you were never in love with me, you just thought it was fun to be in love with me.’ Nora’s realisation that her marriage is a faà §ade arguably leads to her decision to step away from her husband in search of independence, knowledge and the happiness those entail. It could be argued that Nora’s search for independ ence indicates Ibsen’s view as a humanist and as some have argued, a ‘proto feminist,’ who believed that it was not a ‘question of women’s rights’ but of ‘human rights.’It seems, however, that though Ibsen’s desire was for gender equality, Nora’s freedom would not have been genuinely possible in Ibsen’s contemporary society. Ibsen’s inspiration for Nora was a friend, Laura Keeler who when stepping out of the confining, patriarchal parameters, was punished by her husband and placed into a mental asylum. It seems then, that though we are given the impression of empowerment and happiness Nora’s journey is not a true representation of what was accessible for women in the 1800’s. Equally, Eve is repressed by the male figures in her society and expected to ‘study household good’ under the role of the 17th century ideal housewife. Like Ibsen’s, Milton’s ideology seems t o run through his text through the presentation of Eve as she is prohibited from gaining knowledge such power that comes with it. This seems to mirror Milton’s attitude towards women, who in his own life had forbidden his daughters from a full education. As a result, it seems that unlike Nora, Eve does not triumph in her search for independence but instead is laid with the consequences of the fall: pain in child birth, mortality and the gift to future generations of hereditary sin, ‘who might have lived and joyed immortal bliss.’ Despite these consequences, however, as book 9 commences one of Eve’s main arguments for ‘divid [ing their] labours’ is to escape the threat of the tempter, Satan (‘how are we happy, still in fear of harm.’) As Satan is the most penalised, admonished to hell, subject to the constant temptation of fruit that turns to ash, despite Eve’s inability to achieve independence, the removal and punishment of Satan does dissipate the perpetual fear of ‘the evil one’ and allow herself and Adam to live together in peace, harmony and happiness. Overall, we are given the impression that through a journey towards independence, Nora will find a sense of freedom and happiness in the future. Eve’s search for independence is not a source of empowerment as she is ladled with the consequences of the fall and forcibly placed back at her husband’s side, we do, however, get the impression that without power Eve is still able to find some peace and happiness, as the threat of Satan is no longer a genuine one and her relationship with Adam is reconciled. In conclusion, the men in these texts would have been expected by their contemporary audiences to wield masculine power as patriarchal figures. It seems however, that their desire to hold onto thus power restricts them from a happy life, as it drives their wives away in search of independence. Adam is able to reconcile with his wife and ultimately be happy again but arguably, Ibsen uses Torvald to suggest that those who are not willing to share their power will never be able to put aside their pride for the sake of love and happiness. The women in these texts demonstrate that independence and knowledge is a source of power and happiness, but where Nora is able to receive what appears to be a happy ending, Eve is put back in her place and ladled with the consequences of the fall. Eve, though completely disempowered does seem to find some sense of happiness, as she and Adam are able to reconcile their differences, and without the threat of Satan can live their lives in harmony.

CAL Final Literature Essay Example | Topics and Well Written Essays - 3000 words

CAL Final Literature - Essay Example They state further that the application and use of organizational learning mechanisms embody organizational learning. The utilization of organizational learning mechanisms helps the organization to collect, store, analyze, publish and make use of this information to the benefit of the organization. 2 RESEARCH APPROACH Organizations use research as one of the means of creating knowledge. Research is also used to identify problems and find solutions. Lee and Greenley (2010, p. 5) emphasize research has to be conducted in a business environment but researchers need to make sure that their research has the required rigor and relevance. The discussion further leads to viewpoints from various authors and one particular viewpoint of induction approach particularly was significant to me. This was from Evert Gummesson, who argues that for achieving good results and to ensure rigor a researcher should follow an inductive method. This is because within a deductive method the theory that will be used may be outdated or based in different environments. Therefore, it cannot be adopted to attain the desired results from the research. The argument is that, through the use of inductive approach; a researcher is not influenced by previously established theories and starts to begin with collecting information. Within my organization study, I opt to carry out a deductive approach which is contradicting with Evert Gummesson arguments (Lee and Greenley, 2010, p.5). I support this approach as I am not basing my discussion on a particular research or textbook but by analyzing different literatures on the topic of employee motivation and organizational behavior. Different point of view and...Organizations use research as one of the means of creating knowledge. Research is also used to identify problems and find solutions. Lee and Greenley (2010, p. 5) emphasize research has to be conducted in a business environment but researchers need to make sure that their research has the required rigor and relevance. The discussion further leads to viewpoints from various authors and one particular viewpoint of induction approach particularly was significant to me. This was from Evert Gummesson, who argues that for achieving good results and to ensure rigor a researcher should follow an inductive method. This is because within a deductive method the theory that will be used may be outdated or based in different environments. Therefore, it cannot be adopted to attain the desired results from the research. The argument is that, through the use of inductive approach; a researcher is not influenced by previously established theories and starts to begin with collecting information. Within my organization study, I opt to carry out a deductive approach which is contradicting with Evert Gummesson arguments (Lee and Greenley, 2010, p.5). I support this approach as I am not basing my discussion on a particular research or textbook but by analyzing different literatures on the topic of employee motivation and organizational behavior. Different point of view and findings from researchers would provide a strong point of view for beginning the research.

Share your critical response Assignment Example | Topics and Well Written Essays - 250 words

Share your critical response - Assignment Example s out that it took efforts of the federal government which represents collective action of many of the American citizens to abolish slavery, to create a developed system of railroads and bring the country to prosperity. In other words, it would not be wise to reject the leading role of the government in the process of development of the social environment. In other words, why would people want to get rid of something that has proven to be effective? Another example is taken from the current political world. The author suggests that when both far left and right argue the necessity of a new revolution, they fail to see that they are faced with a dilemma that none of them is able to solve. For example, governmental surveillance is needed to protect people from terrorism, but if we accept it we should also accept that it violates some of the basic rights of the people. Gutting, Gary. "You Say You Want a Revolution." Opinionator You Say You Want a Revolution Comments. N.p., 2 July 2013. Web. 30 Sept. 2014.

Society 2 Assignment Example | Topics and Well Written Essays - 2000 words

Society 2 - Assignment Example It has made some unexpected communication processes possible and quicker at the same time. The purpose of this essay is to discuss and analyze NFC and mobile payment technology. Moreover, this paper will also discuss the societal and cultural impacts of NFC and Mobile payment technology. Figure 1: Life with NFC technology (Rackley, 2011) Understanding the New Trends; NFC and Mobile Payments: Saving time and labor, these new shifts in communication technology have helped the mankind in every possible way. However, it has set new trends in this world as well. Processes, which used to take weeks and months, are now just a click and touch away. Near Field Communication generally known as NFC is a kind of application or a standardized setting in the smart phones and all other similar devices such as tablets, iPads etc. The basic purpose of NFC is to set up a radio communication between smart phones or others devices by bringing them in touch with each other or at least in close immediacy depending on the requirements of the device. Once the connection has been established, a lot of tasks can be performed through it, such as contactless transactions, exchange of data / information, or a set up of multifaceted communications e.g. Wi-Fi. The communication can also be established between a NFC device and a powered off NFC chip (tag) (Coskun, Ok, & Ozdenizci, 2011). Figure 2: Image showing the working of NFC (Coskun, Ok, & Ozdenizci, 2011). With the growing technology, the payment methods are also made easy and simplified. All kinds of payments from utility to the bank and other financial payments are now on your fingertips. Mobile payment is a term which is used for the payments of different things through the smart phones. It is also known as mobile money, mobile money transfer or mobile wallet. It was a long time back when people used to carry bundles of cash and brief cases with them in order to make payments. With this technology this technique has almost diminished . At present a majority of people prefer paying through their mobiles for a variety of services. Instead of paying cash or cheque, they use their phones (Saylor, 2013). Trends: These new technologies have captured almost every country and have set new trends for the payments and transfer methods. According to the financial survey, the combined amount of mobile payments which were made by 2013 has reached $600 Billion globally. This amount is almost the double of what it was in the February of 2011 stating that the adoption toward the technology is increasing enormously. With the rise in smart electronic devices and the smart and catchy internet deals and the revival of Internet IPO it is believed that 2011 was the most transformative year in terms of technology (Schwartz, 2011). Impacts on Society and Culture: Talking about the societal trends regarding NFC and mobile marketing then according to an article published by CNN 2012 has been claimed as the year of NFC and mobile marketin g (Cashmore, 2011). It was also claimed that the mobile payments and NFC will expand and blossom more in 2013. This defines that the adoption of the trend is growing largely in the world and people are becoming more inclined towards the technology. New methods and techniques are continuously evolving by the technology makers this year following the boom and success of NFC and mobile payments. People in developed countries are more likely to be influenced of the technology while it is

The Ethics of Human Resource Management Essay Example | Topics and Well Written Essays - 2500 words

The Ethics of Human Resource Management - Essay Example are considered as inalienable rights for workers (Fredrick, 2002) and these can be considered as negotiable too (Koehn, 2002) (Watson, 2003). Human resources management is also expected to address the issues of discrimination such as age, race, gender, religion, disability, sexual harassment etc. often through the use of affirmative action. (Smith, 1997) In a similar manner the employees of an organisation have certain obligations towards employers such as privacy over intellectual property rights, whistle blowing etc. Employees are expected to deal with these issues on an ethical plane such that the interests of the employer are not transgressed upon. On the other hand, employers have certain ethical obligations towards employees such as workplace safety through either modifying the workplace or through providing training and protection from hazards in the workplace. Within the problems listed above, individual companies can be considered as independent because most of these considerations can be handled in house or with the help of little external help. However there are certain issues that may pervade the limits of a company or firm’s authority to deal with them. The realm of more pervasive economic issues such as trade policies, trade unionism, immigration and globalisation all possess some kinds of ethical dimensions but it is often beyond the power of an individual company to deal with them (Legge, 2007) (Morehead et al., 1997). There are a number of leading theories on dealing with ethical issues in the human resource management sphere including Kantian ethics, consequentialism utilitarianism, virtue ethics and justice ethics. Arguments have been advanced both in favour of and against these theories that tend to make human resources management ethical as well as an unethical field of practice. There is however no denying that ethics plays a large part in human resources management and in order to create a lasting and

Management of Technology3 Essay Example | Topics and Well Written Essays - 250 words

Management of Technology3 - Essay Example It is worth noting that the two business processes get interlinked by IT. There are several BI systems that an organization can put in place. These include analyzing customers’ behavior, budgeting and financing as well as improving delivery and supply chain effectiveness. These BI systems can help an organization reduce the cost of production, improve performance and identify new markets within the economy. BI systems require an analysis that will best help the organization remain relevant in the market (Laudon & Laudon, 2013). They are, therefore, part of the plan of every organization that aims to excel in its field. An organization may offer an electronic feedback program to its customers as one of their electronic business programs. This program can help the organization identify the area that it ought to improve on in terms of its services (Laudon & Laudon, 2013). The program can also be used to rate the quality of the goods produced by the company. The organization can further use the electronic registration of goods bought by customers for those goods that require registration with the government upon buying. This can be used instead of buying goods and then going to register them somewhere

Home Work # 6 Assignment Example | Topics and Well Written Essays - 1000 words

Home Work # 6 - Assignment Example Therefore, an economy undergoes a rapid recovery period which is accompanied by technological advancement. Resources are allocated towards the reconstruction of the damaged capital stock such as foreign aid and human capital. In the short run the aggregate output will grow at a higher rate than the growth rate of the labour force due to the increased savings and foreign aid which pushes the recovery of the capital growth rate back to normal. d) After world war two, the real GDP in Germany and Japan grew steadily due to the period of technological advancement and reconstruction. During the recovery period, the technology in these countries grew at a faster rate leading to the faster growth of effective labour which is translated into their real GDP. 6. With the rise in depreciation, the equilibrium steady-state capital-labour ratio declines.as a result, output per worker becomes lower and that leads to lower consumption of the same worker. This is based on the assumption that the capital-labour ratio is not very high in that an increase in k can reduce consumption of the worker. On the long run, there are no effects on the growth rate of the total capital stock. This is due to the fact that, in the long run, the capital stock should grow at the same rate as the labor rate growth is and therefore the capital-labour ratio remains constant. 7a) The government purchases per worker are indicated by IS at the inintial time, as the government purchases more, the IS curve shifts to IS2 curve which goes up and further to the right of the curve. This shows the increase in both the government spending and also the increase in the interest rate of the government revenue. b). if the government increases g, it will lead to reduction in the savings of the government and therefore capital per worker increases due to increased savings, output per

Code of Ethics Paper Essay Example | Topics and Well Written Essays - 1500 words

Code of Ethics Paper - Essay Example business, if only to function as risk-management mechanisms; included here is the designing of conformity codes and course of action, or more popularly known as code of conduct or ethics (Baker 2006: p. 46). Regardless whether they are referred to as codes of conduct, codes of ethics or any other terms, the community nowadays expects professional and business organizations to possess codes that determine the guiding standards and norms of proper behavior demanded of their constituents. It is all the time more usual for individual business enterprises to also acknowledge the advantages of having these particular codes, advantages that are functional not merely to the businesses themselves but as well as to the personnel of those organizations, and to their shareholders. The progress of a code of ethics within a business organization is fragment of an essential communication mechanism. It facilitates management to put emphasis to the employees of the company the norms of behavior which they should abide by. It provides regulation and direction to employees who are faced with difficult decisions-making problems while carrying out their tasks; thereby it contributes to the creation of a suitable moral environment within the organization. As such, it can function as a tool for the assimilation of new employees into the principles of the company. General Electric, one of the most successful corporations in the world, has issued one set of policies to put into effect its Code of Conduct and to lend a hand of integrity to GE personnel all over the world. The fundamental duties of all employees and managers, consequences and penalties for infringements and how to deal with an integrity problem are discussed in their booklet. Nevertheless, the following are the principles embedded in GE’s code of conduct (General Electric 2004: p. 3): These policies should be obeyed by GE directors, officer, employees, subsidiaries and other controlled affiliates, non-controlled

‘Mirror’ & double-layered poem Essay Example for Free

‘Mirror’ double-layered poem Essay ‘Mirror’ is a double-layered poem: The mirror, personified and equipped with senses, sees and depicts its world in the most honest terms; then we see our own world from the mirror’s perspective—how raw and tormenting it is. Why the author chooses to personify a mirror as the poem’s narrator is firstly because it is an object most closely associated with a woman who seeks to see â€Å"what she really is† (11). When she is young, the mirror cheerfully reflects and praises her youthful beauty, letting her contemplate on her own appearance. When she is old, it cruelly reminds her of time’s meddling in her fading beauty and how life has passed and left her behind. Secondly, the mirror reflects the world just as it is—it cannot lie to us—and faithfully shows us all signs of aging, sorrow, pain and sickness that appear in our face. The theme of the poem is the effects of time reflected in the mirror, how it â€Å"has drowned a young girl† and makes a woman become â€Å"an old woman†. Adverbs depicting the motion of time are employed throughout the poem: â€Å"most of the time† (6), â€Å"so long† (7), â€Å"over and over† (9), â€Å"Now† (10), â€Å"Each morning† (16), â€Å"day after day† (18). The irony is deliberated in the difference between the mirror’s reflection and cognition of changes in the outside world. The woman who looks at the mirror is sad because her beauty and youthfulness are fading while her tears and agitation are considered â€Å"rewards† by the mirror. In the first stanza, the mirror simply tries to define its existence and introduce the reader to its world using its own language register. In the opening line, the mirror describes its appearance and unique quality, â€Å"I am silver and exact. I have no preconception. †(1). The word ‘swallow’ demonstrates Plath’s sensitivities and playfulness in her personification and imagery: everything is instantly reflected inside the mirror as if the mirror has devoured them. Next, mirror immediately explains its ‘non-discriminatory’ behaviours as being truthful rather than cruel. In the last four lines of stanza 1, the mirror honestly describes its bounded world. Ironically, even though the mirror reflects everything truthfully and exactly with no preconceptions or prejudice, it seems to live in self-created illusions, that the opposite wall is â€Å"a part of my heart†. Line 8 presents the mirror with human characteristics, not â€Å"the eye of a little god, four-cornered† as it describes itself. Nevertheless, its world constantly collides with the world outside it—our world: â€Å"it flickers. //Faces and darkness separate us over and over. † In the first stanza, the use of caesura in most of the sentences interrupts the flow of the poem but gives the mirror its own tone: emphatic and meditative. The enjambment between line 2 and 3 as well as between line 7 and 8 allow the mirror to reflect on itself naturally and coherently. In stanza 2, the mirror ironically creates another illusion, â€Å"Now I am a lake† (10), which is in contrast with its claim to be â€Å"only truthful†. It proudly demonstrates its usefulness in helping a woman to see â€Å"what she really is†. The images of the â€Å"candles† and â€Å"moon† (12) may symbolize fragility, inconstancy and instability which contrast with how faithfully it serves the woman (13). The connection between the mirror and the woman strengthens by day: it is important to her and she brightens its existence. Nevertheless, its unintended cruelty is shown in its being â€Å"only truthful† (4). The simile ‘like a terrible fish’ is consistent with the mirror’s illusion that it is a lake but it shows Plath’s grotesque and tormenting view of aging—as a destructive and dehumanizing process. The poem is structured as narrative prose poetry, with the use of caesura to create an emphatic tone, to present the mirror as a misunderstood, proud and honest object. The mirror exactly and dutifully reflects what appears before it and considers the changes shown in it others’ doing and completely out of its power: â€Å"she drowned a young girl, and in me an old woman//Rises toward her day after day† (17-18).

Examination of the Literature Review Essay Example for Free

Examination of the Literature Review Essay I selected Guidetti and Tham’s (2002) paper because I am fascinated by the work of occupational therapists. They are tasked, by the nature of their profession, to assist people with impairments or disabilities in achieving competence in their daily activities and consequently, they empower these individuals to grab hold of their limitations and transform them in a fashion that nurtures their sense of control and brings peace of mind to their loved ones who lives with them. The paper sought to elucidate the strategies utilized by occupational therapists in their self-care intervention process with neurologically-impaired clients, specifically those who had had stroke or spinal cord injury. The study tapped the qualitative research design. Specifically, it employed a modified phenomenology approach called EPP (empirical, phenomenological, psychological) method in generating and analyzing the data. The purpose of EPP method is â€Å"to describe the essence, structure and character of the studied phenomenon† (Guidetti Tham, 2002, p. 260). Although it informs the research question, the literature review (as well as the reference list) is not sufficient to build a platform for the â€Å"need to provide a definition and description of the concept of self-training and the typical therapeutic strategies used by therapists† (Guidetti Tham, 2002, p. 258). It lacks relevant scientific texts. It is understandable that there is no existing study on the subject, but there is more scientific information in the literature about the therapeutic strategies in adjacent fields which could add valuable background to the introductory problem identification as well as to the incisive discussion of the results later on. In the introduction section, the scholars presented the important variables of the research question finely (i. e. , meaning of self-care, therapeutic strategies), but failed to include a review of empirical literature, simply stating that â€Å"there is a lack of empirical studies identifying the therapeutic strategies in self-care training† (Guidetti Tham, 2002, p. 258). Although the statement may be correct, there are still many relevant studies worth reviewing that would guide the inquiry. It may not necessarily be those on self-care therapeutic strategies utilized by occupational therapist with persons who have neurological disorders, but also those studies on strategies used by the same professionals on rehabilitating persons with orthopedic injuries, lymphedema or amputees which do not specifically addressed the phenomenon, but may have implications for the study. In addition, the physical therapy literature on similar issues could also add important insights. A look at the reference list of the article reveals that it is limited in three ways. First, five of the papers in this list were written by either one of the same two authors, in collaboration with other scholars. Second, there are only three occupational therapy journals where they garnered articles for the review (i. e. , Occupational Therapy International, American Journal of Occupational Therapy, and Clinical Rehabilitation). Finally, the doctoral dissertations/theses reviewed in the paper came only from Sweden. This is not ideal especially in a journal with international circulation. The authors could have scoured articles from other journals of similar discipline that are available like British Journal of Occupational Therapy, Journal of Occupational Science, OT Practice, International Journal of Therapy and Rehabilitation, Journal of Integrated Care, etc. Further, they could have utilized the abstracts available in the Dissertation Abstracts International to offset the Swedish-focused dissertation reviews in the study. In qualitative studies, an in-depth, exploratory literature review is vital to discover what currently exists in the body of knowledge about the concerned phenomenon (Taylor Bogdan, 1998). Thus, the article’s literature review and reference list in this regard only supported halfway the research question. Much could have been done. References Guidetti, S. , Tham, K. (2002). Therapeutic strategies used by occupational therapists in self-care training: A qualitative study. Occupational Therapy International, 9(4), 257-276. Taylor, S. J. , Bogdan, R. (1998). Introduction to qualitative research methods (3rd ed. ). New York: John Wiley Sons, Inc.

History of Art: Classical to Minimalism

History of Art: Classical to Minimalism 18th Century Neo Classical Neo classical art was the name given to the art, architecture sculpture that began emerging in the mid eighteenth century in Europe, it was the new age interpretation of classical art, taking its inspiration from stories and great works of art of the Ancient Greek and Roman civilizations. Johann Joachim Winkelmanns work The History of Ancient Art was one of the major inspirations for the rise of the neoclassical movement. Simplicity and symmetry are the stand out characteristics of the work done in this movement. Some of the famous artists include Pannini, Benjamin West and Jacques Louis David. The design is kept austere and linear and is much more accurate in its depiction of the ancient times. This was also driven by the recent excavations of Herculaneum and Pompeii by Winkelmann. Winkelmann himself was a great admirer of the ancient civilizations and inspired artists to follow their style of art stating it contains a noble simplicity and a quiet grandeur he believed that the Greeks artists came as close to perfection as possible and by following them current artists could come close to an idealized depictions of natural form which has been stripped of transitory and individualistic aspects. One work or art which comes to fore as a true depiction of all that Neoclassical work stands for is, Oedipus and the Sphinx, by Jean-Auguste-Dominique Ingres, painted in 1808 and reworked at in 1826 when it was finally completed. It is the depiction a scene from the Greek play Sophocles where Oedipus, is stopped in his tracks by a sphinx, who asks him a riddle, on answering correctly Oedipus won the kingdom of Thebes and a wife. The work is Oil on canvas. As is typical of that period the design is kept austere and linear. Oedipuss stance can be captured perfectly in horizontal and vertical lines, a typical neoclassical characteristic that uses balance and line to highlight beauty and harmony. Another striking feature is imperfectness of Oedipus which makes him a perfect depiction of human form as we all carry our imperfections in line with what Winkelmann said. The simplicity of the art can also be viewed as shedding the excesses of the Rocco movement. As this form emerged during the French Political and the English Industrial movement, it gives the impression of leaving behind frivolity and heading towards depicting a more serious form of human nature and philosophy. 19th Century Impressionistic Rebellious, vibrant, vivid are a few words that come to mind when discussing impressionistic art. Beginning in the mid nineteenth artists such as Degas, Morisot and Monet, began to break the norm of academic painting, by giving up on the detailed stillness of the academic painting and bringing in the restlessness of the world around us into art. The name impressionistic was coined from the inspiration behind the art, which is as the human eye sees it. Impressionist artists tried to capture movement as best as they could, for which they employed light as their favorite element, with different angles of accentuating light being used to depict movement in place and time. This was done with the help of free and short brush strokes of called broken strokes, colors were unmixed giving vibrancy to the design. The difference between impressionistic art and the art before it can be captured by looking at a tree outside the window, if we observe the tree closely we observe minute details and i f we look at it fleetingly we get a different impression. Thus the earlier art aimed to capture every details of the tree, impressionistic art would capture the tree as we will see it if we just casually look up while walking past it, a little hazy, a little blurred, swaying with the wind, with the light making the same green look like a million different colors. One of the most famous artists of this era was Claude Monet and his most famous work Soleil Levant or Sunrise, painted in 1872, oil on canvas. It is probably the work of art that gave rise to the term Impressionistic as it was described the impression of the harbor as Money saw it from the window. Another special feature of this work is the use of color makes the setting sun look more vibrant than the rest of the sky, but that is just the perception of the human eye, as a black and white copy of the painting proves that the sun just disappears into the sky, capturing the nature perfectly. 20th Century Surrealism As depicted by the name, Surrealism aims to blur the lines between dreams and reality. The main characteristics of this form of art are that the concepts and scenes chosen were illogical and strange to the point of being shocking in many cases, but they were drawn with photographic precision, such that they seemed to be picked out of some unnerving alternate reality. Elements used were surprise, drawing something so far removed from the viewers imagination such that oddity would drive them in, this was achieved in many cases by juxtaposing reality and fiction, good and evil, truth and falsehood and sometimes by breaking the sequence of actions that we automatically assume would follow a certain pattern. Surrealism was also believed to be inspired from the Dada movement which began in Europe after World war I. It was led by Parisian artists, still fresh from the horrors of The Great war attempting to leave reality behind, driven by the belief that bourgeois rationality in thought movement and action had brought the war upon them One of the more controversial artists of the movement was Andre Masson, for he used a technique viewed with skepticism by many, Auto- drawing or automatic drawing, he would go for days without food and water and use drugs to put himself in a trance like state do that the work of art is truly drawn from point in the mind between dreams and consciousness. This can be very clearly seen from his work also called Automatic Drawing, drawn in 1924, ink on paper, the vivid eyes seem to belong to creatures from some dreamlike state and curvy lines seem like an attempt to five them human form Late 20th Century Minimalist This form art was one of the very few that began by finding its footing in post-World War II America, often seen as an reaction to Abstract Expressionist art of the previous decade, minimalist art as suggested by the name aims to shed all the excesses carried by the design to bring out the true form. This can also be viewed as a reaction to modernism, that encourages society to shed it excesses or it can also be called as a reductionist form of art. Another way to understand it is that the art aims to expose the essence and it does by slowly removing all the non-essential forms incumbent upon the form. Many designs are depicted by geometric patterns where the edges are thin and sharp, and colors have not been used in modulation. This work of art is almost always the artists perception, derived from a personal experience, it need not follow any mathematical or lyrical sequence, and it is an attempt to present what is exactly as it is, as seen by the eyes of the artist Frank Stella was one of the earliest artists to take up the minimalistic form, her work Die Fahn Hoch! Painted in 1959, enamel on canvas is regarded as a forerunner of minimalist art. The painting on the outset seems like a simple collection of lines, it brings out many hidden meanings and interpretations on closer inspection. Another feature of this and many other paintings by Stella is that the title chosen would be ringing with emotions of temper and hatred like Die Fahn Hoch which is eerily similar to the Nazi title. By using such emotive titles for her simplistic interpretations, Stella lets irony do the talking. Though each form of art chosen above, on its own has broken the norm of the current age, Impressionistic art seems to be the most intriguing. It broke the norm of the day by bringing out, that the only purpose of art is not depiction of form, painting can be truly emotive and intriguing if perceptions and personal views are made to play a part in the final outcome, in many ways Impressionist Art laid the foundation for many other styles to come

king Louis :: essays research papers

Introduction Perhaps one of the most famous of European monarchs, King Louis XIV ruled France for some 72 years, the longest by any French head of State. It is believed that reign of King Louis XIV was reputably famous as one of 'Absolute government', primarily because the King had his own particular and dominating style of governing the nation. Attaining the powers of a King at a young age of only 5 years, King Louis XIV would rule through his mother's guidance and Cardinal Mazarin acting as the head of state deciding most of the official and civilian matters concerning the governance of France. With no proper or formal education to his credit, King Louis XIV nevertheless gained immense insight on practically all matters of governance and grew up to be an extremely intelligent head of state. From the onset of his adulthood, King Louis XIV had perceived numerous plans for his country, and if one were to grade the King according to today's standards, one would certainly place him in the category o f 'Type-A personality'. This was because the King had learnt, and that too from childhood' that the best way to rule would be to control the subject with absolute authority. In doing so, the King chose his advisors and consultants from the category of 'non-nobles, with the objective of inviting least opposition, and for reasons of imposing his decisions and motives without being questioned. The nobles too were useful, and had to be retained around the King's circle, primarily to win over their confidence, in return for the positions and wealth offered to them on behalf of the state. Also famous as a hard working and pleasant natured, the King sought to bring 'glory' for France, and strived for a united France, simply because it was easier to rule. The King's ideas about making France a glorious state were also exhibited in his desires for other European nations to fear, respect as well as imitate France in all matters of governance, aspects which only remained merely a set of ideas. Born in 1710 at Versailles, King Louis XIV gained the title of "Louis the Well Beloved", yet this title only remained so until the King remained a monarch of France, and practically diminished upon his death. Unlike heirs of monarchs, King Louis XIV was neither formally educated in worldly discipline, nor was he nurtured to become a head of state.

Essay About Family: Regular Angels :: Personal Narrative essay about my family

Regular Angels My brother is a pissed off, broken angel, all contour and shade under the lights, with an angular jaw and a mop of hair that lingers perpetually between haircuts. He shines from his altar, sweat glistening against his brown skin like diamond dust and waves of fourteen-year old girls break against the stage, reaching and crying for a handful of him. He spills over with pain, seeding it with guttural groans and sibilant screams, and they receive it and in them it blooms and changes and becomes beautiful. As kids we take rockstar lessons from Rob Phaler, a local guitar hero who's prospects for fame outside of Boise, Idaho have long been buried under years of the prostitution of cover songs. He makes a living instructing over-privileged white kids whose parents pay him weekly stipends to reassure them that their progeny are prodigy. He smells of twenty years playing bars, and of the strong black coffee that softens the blow of morningafter upon morningafter. Out of the earshot of our parents, he calls us names, and when we haven't practised he rails at length against the injustice of two no-talents like us having beautiful new Fenders to play. My brother, he says, is hopeless. No ear and an ego the size of the Capital building. There is true wrath carved on my brother's soft child face as he crams his sheet music into his backpack and storms out of the studio, swearing in a color he's learned from our truck driver uncle. I, the peacemaker and ever so aware of the expense of our indentu rement to Rob, mumble apologies and pack the guitars carefully, laying the straps across them in the cases like roses in caskets. "Do any of you believe in love? Because I don't," The girls scream and the boys howl and my brother wails a high, splintered note. The microphone cord twines around his body, an electric serpent, as he dances wild, bouncing on the balls of his feet and whipping his six-foot frame back and forth. The girl next door is actually the girl across the street in our PTA neighborhood two blocks from the high school. From our house, it appears that the distant spire of the Mormon temple rises directly from her roof. My brother rides his bike back and forth in front of her house bathed in the chilly slanted light of October.

THE NEW GENDER GAP Essay -- essays research papers

THE NEW GENDER GAP By This article talks about the educational, environmental, and social gap that has been created because girls are becoming a bigger part of the world today. It starts out by discussing a class of 2003 that had voted in their high school leaders. Everyone had voted in a male as senior class president. But after taking office, he quickly instructed all of the female members that he was the one calling all of the shots. Once the girls realized they out numbered the boys, they quickly impeached him and voted in a girl as class president. From the beginning of time women have been told they need to do their job, which was bearing children, taking care of the house as well as tending to their husband. That became an education base for teachers. Except this all changed when women took the place of their husband at work while they went off to war in World War I. A movement started to take place. Soon you started to slowly see women working. Mothers, caregivers, and educators began to make girls see that the opportunities for growth was great, and all they had to do was grab it. With each achievement a woman made, others praised them. The drive for women to succeed only became so great that more emphasis has been put on females, which leave the male gender lacking. It is shown there are 133 girls getting their BAS for every 100 boys, a number that is expected to grow to 142 women 100 men by the year 2010. While girls have better grades, are more thorough in th...

Citizenship Education Essay

About the Citizenship Foundation The Citizenship Foundation is an independent educational charity that aims to empower individuals to engage in the wider community through education about the law democracy and society. We focus, in particular, on developing young people’s Citizenship skills, knowledge and understanding. Our work includes Citizenship resources for a wide audience from teachers to young offenders, national projects for primary schools, active learning initiatives for secondary schools, nationwide training programmes, and community-based projects to develop citizenship education as a collective responsibility beyond school and college boundaries. Theme 1 – Purposes and Values At the Citizenship Foundation we believe that the primary phase presents an important opportunity for children to make sense of the changing society and the shrinking world they live in. While primary school teachers have never found it difficult to think about what kind of citizens they would like their children to become, the opportunities for developing the children’s knowledge have, in recent years, been squeezed by the need to deliver the core subjects and the pressure of SATs. There are, at best, limited opportunities for teachers in English schools to cover social topics such as family or crime because, unlike the situation in many continental countries, there is no tradition of a social studies curriculum for this age group. B. B. 1. B. 2. The findings of the recent UNICEF report i underline the need to attend to pupils’ social well-being. For example the UK had the lowest proportion (43. 3%) of 11 and 13 year olds who described their friends as kind and helpful. We consider it of vital importance to cultivate in primary aged children a concern to act fairly, responsibly and with compassion. B. 3. We believe that Citizenship Education is essential to individual empowerment. Not only should it be statutory, it should be a core element of the primary  curriculum, integrating taught and experiential learning in a coherent way leading towards a full understanding of what it means to be a member of the community with rights and responsibilities. As part of our submission to the Education and Skills Select Committee’s investigation into Citizenship Educationii, we have called for the current joint PSHE and Citizenship non-statutory framework to be accorded statutory status The Primary Review submission from the Citizenship Foundation Citizenship Foundation, March 2007. 1 B. 4. ‘Every Child Matters’iii and the Education Act 2002 make it a duty to consult children. Children therefore need to be systematically taught and given opportunities to develop the necessary skills, language and confidence to enable them to participate fully in decision making processes. Citizenship Education provides an opportunity for broadening cultural, social and political horizons, particularly in respect to developing a sense of identity, and an appreciation of the diversity of our society. These important functions of a broad social education should not be relegated to the margins or the ‘optional’, as they are within the non-statutory programme of study. With the lowering of the age of criminal responsibility, it is important that children have the opportunity to establish a sense of social and moral responsibility and develop a clearer understanding of the nature of their legal and moral rights and responsibilities. Changing societal conditions and the earlier onset of adolescence have made it urgent for primary schools to do more by way of explicit social and moral education. For example, children are exposed to the media, and have access to the internet in a way that was not the case even at the time of the introduction of the National Curriculum. In 2003 the OECDiv placed the UK at the bottom of a league table of young people’s risk behaviours, which included drinking, smoking, bullying and sexual activity. At the Citizenship Foundation we believe that the primary curriculum should be broad enough to provide an intellectual foundation for choice, affording children the ability to make responsible decisions at later stages of their education. Citizenship Education supports children in their personal development, equipping them to investigate the wider social and economic world, and to develop personal aspirations for it. In addition it lays the foundations for their political literacy and promotes the skills of community engagement. It provides them with an early introduction to financial literacy and agencies offering welfare support, providing them with knowledge of where to go for help which is essential, in an increasingly complex world, to the economic well-being, both of the individual and the nation as a whole. B. 5. B. 6. Theme 2 – Learning and Teaching B. 7. We know that spoken language is a vital part of human learning in the first ten years of life, and that it is a strong determinant of children’s ability to handle the written word. Citizenship Education is a vital component in any holistic approach to literacy and oracy, providing children with opportunities to analyse, compare, evaluate, reason, argue and justify. The work of psychologists such as Mercerv demonstrates the educational importance of exploratory talk to address shared problems. Citizenship issues are rich in such potential because they are real and relevant. Dunnvi has shown that attitudes and social concepts are shaped from an early age. From Key Stage 1 Citizenship Education provides an opportunity for teachers to nurture the development of this understanding in the context of a variety of issues salient to the young people themselves, developing understanding and fostering empathy before attitudes become entrenched. B. 8. The Primary Review submission from the Citizenship Foundation Citizenship Foundation, March 2007. 2 It offers a context through which children can develop critical thinking skills and emotional literacy in a coherent, integrated way. B. 9. Current educational practice, and the emphasis on target setting has led to more individualised learning, yet Vygotskyvii has identified learning as a social, interactive process that requires discussion, exchange and the sharing of perspectives. Citizenship learning provides opportunities for participation and active involvement. It is characterised by social thinking, and cannot be isolated or atomistic, as typified by much of the learning that currently takes place. Activities involving teamwork and enquiry skills, using Wallace’sviii TASC (Thinking Actively in a Social Context) model for example, build a sense of interdependence and community. B. 10. Recent research shows that children’s peers can be a powerful influence on their receptivity and motivation to learn. We also know that profound knowledge is acquired through the practical application of knowledge: we learn best through doing. Citizenship is rich in opportunities for discussion and dialogue between young people, and for applying their knowledge to make a difference to the world around them. The most effective Citizenship Education is built around pedagogical approaches that place active learning at the core. B. 11. Researchers such as Margaret Donaldsonix suggest that concepts presented in familiar contexts enable children to grasp ideas more readily than when they are concept free, yet there is still a tendency to teach the core subjects in a vacuum. The notion of curriculum breadth needs to be critically revisited, such that breadth is defined through a range of learning experiences rather than simply a collection of subjects. We also know that children are more likely to recall matters which are important to them. Citizenship Education can satisfy both these characteristics of learning, firstly by presenting a real life framework, or ‘big picture’, to help children make sense of new knowledge, and secondly by tackling issues of relevance and value to them such as fairness, bullying and responsibility for the environment. Indeed, Citizenship Education can provide a meaningful context for much of the primary curriculum, particularly aspects of learning in Literacy, History and Geography. It can also afford children opportunities to demonstrate their abilities across a wide range of intelligences, including inter-personal and intra-personal, which are currently not recognised and assessed through SATs. Theme 3 – Curriculum and Assessment B. 12. At the Citizenship Foundation we believe that primary education should try to achieve ‘Excellence and Enjoyment’ x across all subjects. Currently there is a tendency to focus on ‘excellence’ in the core subjects while restricting ‘enjoyment’ to the foundation subjects in the wider curriculum, as tends to be implied by the Primary National Strategy (PNS)xi. A more holistic, coherent and enriched approach is needed, with the children’s personal experiences, and their place and future in society, as a key focus. The Primary Review submission from the Citizenship Foundation Citizenship Foundation, March 2007 3 B. 13. During the primary phase children develop an increasing awareness of social and environmental issues. They are entitled to opportunities to develop more informed, reflective and balanced views on these issues. The curriculum needs to be constructed in a way which promotes a higher level of interaction and cognitive engagement, as opposed to teaching with low cognitive engagement leading to pre-determined answers. Citizenship, with its emphasis on oracy, active learning, and emotional literacy can play an important role in redressing the imbalance of an overly narrow curriculum, and in providing children with the opportunities to apply their knowledge in areas such as peer mediation, school democracy and community involvement. B. 14. Citizenship Education fosters social development and nurtures the social self, thus enriching the school community. ‘Citizenship-rich’ primary schools (where practices such as peer mediation, students as researchers and school councils are embedded) offer social learning activities which are shown to have maturational and behavioural benefits to the individual and for the whole school. These benefits have the potential to become widespread across all schools if Citizenship is made statutory. B. 15. Citizenship Education is currently under-recognised and under-developed in the primary phase. This is especially the case in Key Stage 2 where issues such as bullying, stealing, the role of the police, respect for law, and community cohesion issues are commonly addressed but not always from a Citizenship perspective or in a consistent manner. Yet this is the time when attitudes to authority figures are being shaped. Moreover, the risk is that key issues are overlooked. For example, whilst young people are criminally responsible by age ten, this significant fact and its implications, are not systematically communicated to primary school pupils as part of the statutory curriculum. B. 16. We believe that the core concepts and skills associated with Citizenship should be more precisely mapped and strengthened, and that there should be a clear pathway of progression, with identified cross-curricular links, from the Foundation Stage through to Year 6, bringing Citizenship Education into line with and providing a sound foundation for Key Stages 3 and 4. B. 17. With regard to formative assessment we believe that the most appropriate method of assessment at this stage of learning is one based on ‘success criteria’xii which leads to more focused teaching, and enables and motivates children to judge and improve their own performance in relation to the specific learning objectives which will have been identified above, for example objectives associated with enquiry and communication skills. B. 18. We are currently working with the QCA to develop an appropriate eight point assessment scale to support the teaching of Citizenship across the primary and secondary phases. This will be based as much as possible on the empirical work of developmental psychologists, including their work on concept and empathy development. The Primary Review submission from the Citizenship Foundation Citizenship Foundation, March 2007 4 Theme 5 – Diversity and Inclusion B. 19. In his recent review of Diversity and the Citizenship Curriculumxiii, Sir Keith Ajegbo highlighted the need to promote understanding between communities, and the importance of combating intolerance and religious extremism. He suggests that teachers should be prepared to tackle controversial topics such as immigration and the legacy of the British Empire, and that Citizenship lessons are the appropriate forum in which children can ‘discuss and debate their identities’. Whilst his focus was the secondary curriculum, we believe that this work should begin in the primary phase. B. 20. Indeed, from April 2007, upon the implementation of the Education and Inspection Act (2006), all schools, primary and secondary, have a statutory duty to promote social cohesion. Citizenship Education provides the logical curriculum response to this duty. B. 21. Citizenship Education is the subject which provides the most natural forum for discussion of issues relating to equal opportunities, diversity, faith and culture. Work around topics such as ‘similarity and difference’ and ‘rights and responsibilities’ helps children develop empathy, deepens understanding and builds greater confidence to express personal views. It supports them in developing a sense of who they are, what they can do, and how they belong. Thus it helps create social cohesion, which is essential for our personal well-being, and the maintenance of strong communities. Theme 8 – Beyond the School B. 21. Every staff and governing body needs to reflect on the purpose of their school, and its wider relations with the community. Active community engagement is central to the Citizenship Education programme. Citizenship Education has the capacity for building links between home, school, and the community in which they are situated. Parents and their children belong to the same neighbourhood, national and global communities, and Citizenship Education can promote meaningful intergenerational activities. When children participate in projects aimed at making a difference to their community, or become engaged in research about the views and responsibilities of people from a variety of social strata and professions, they begin to see themselves as active members of wider society Theme 10 – Funding and Governance B. 22. When Citizenship Education is appropriately represented within the primary curriculum, it will need to be resourced and funded accordingly. At the Citizenship Foundation we believe there to be a need for a coherent National Strategy for Teaching and Learning in Citizenship, fully endorsed by the DfES and QCA, and that this can only be implemented with proper training for headteachers and their staffs. This analysis is now supported by the report of the Select Committee. Equipped with the professional expertise, teachers will be enabled to recognise, nurture and develop The Primary Review submission from the Citizenship Foundation Citizenship Foundation, March 2007 5 particular interests, talents and capacities to make it possible for each individual to flourish in our society. B. 23. We recommend that every school be required to establish a school council constituted largely of pupil representatives, and that pupil representatives should be invited to become associate members of their school governing bodies, in line with the new governing body regulations introduced in 2003. C. Conclusion C. 1. Citizenship Education has the potential to create more effective learners by promoting a reflective approach, enabling connection of knowledge, developing greater facility for shared learning with others, and increasing engagement and self-direction. Above all, Citizenship Education can play an important part in developing engaged and responsible citizens. The Citizenship Foundation has always argued that the failure to make Citizenship Education statutory in primary schools was a missed opportunity and results in developmental delay in this area. There are examples of excellent Citizenship practice in the primary phase on which to build but we argue that that current provision (based on a non-statutory joint framework for PSHE and Citizenship) is inadequate, and deserves a much higher profile. We recognise that primary schools and practitioners will need support for the implementation of the above developments, and in the light of this the Citizenship Foundation is campaigning for: †¢ A designated co-ordinator in every school, supported by an LA adviser; †¢ Citizenship to feature in a revised primary SEF form; †¢ NCSL primary programmes to include a primary dimension; We will be pleased to discuss any aspect of this submission with the review team. C. 2 C. 3. C. 4. The Primary Review submission from the Citizenship Foundation Citizenship Foundation, March 2007 6 References: i UNICEF Report on Child Well-Being in Rich Countries (2007) Education and Skills Select Committee Report on Citizenship Education TSO (2007) Every Child Matters DfES (2003) ii iii iv OECD League Table of Young People’s Risk Behaviour. Programme of International Studies Assessment (PISA) (2003) Mercer, N. (2000) Words and Minds: How We Use Language to Think Together. Routledge. Dunn, J.  (1988). The Beginnings of Social Understanding, Blackwell Publishing. Vygotsky, L. S. (1962) Thought and Language Cambridge,MA:MIT Press v vi vii viii Wallace, B. Maher. J. et al (2004) Thinking Skills and Problem Solving – An Inclusive Approach David Fulton Publishers Donaldson, M. (1978) Children’s Minds. Fontana Press ‘Excellence and Enjoyment’ DfES (1993) Primary National Strategy (PNS) DfES (2003) ix x xi as advocated by Shirley Clarke in Enriching Feedback in the Primary Classroom. (2003) Hodder & Stoughton xiii xii Ajegbo, Sir K. Diversity and Citizenship Curriculum Review (2007) The Primary Review submission from the Citizenship Foundation Citizenship Foundation, March 2007 7 About the Authors Marguerite Heath is an experienced Primary Headteacher who now directs the Go-Givers programme at the Citizenship Foundation. Go-Givers is a major new resource for teaching and learning about Citizenship in primary schools which is to be launched in June 2007. Don Rowe is Director, Curriculum Resources at the Citizenship Foundation and a co-founder of the Foundation. He has published and advised widely on Citizenship Education in Primary and Secondary schools. Tony Breslin is Chief Executive at the Citizenship Foundation and has published and advised widely on Citizenship Education and in a range of related educational fields. Ted Huddleston is a Project Manager at the Citizenship Foundation, and currently leads on the Citizenship Manifesto programme. He has published and advised widely on Citizenship Education. Elizabeth Griffiths is an experienced primary practitioner working on the development of Go-Givers at the Citizenship Foundation. Contact: Marguerite Heath The Citizenship Foundation, 63 Gee Street, London EC1V 3RS Tel: 020 7566 4148 Email: marguerite. heath@citizenshipfoundation. org. uk The Primary Review submission from the Citizenship Foundation Citizenship Foundation, March 2007 8 The Primary Review submission from the Citizenship Foundation Citizenship Foundation, March 2007 9.

I Have a Dream Speech Essay

King’s speech not only changed history for the black community, but it also gave hope to blacks throughout the world. His speech was so successful because he was able to arouse his audience to their feet and get them to take action in society. The reason for the great impact of the speech, â€Å"I Have a Dream,† is due to the tense social mood of the time and that it reflects the conditions of the time, giving black activists a vision for the future. It struck directly into the hearts of blacks across America, and made whites ashamed of their actions and be willing to have a new start. In just 17 minutes, King influenced and informed the people about racial equality and fairness. Later, near the end of his speech, King continues to â€Å"preach† this point. For example, he stated, â€Å"†¦little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers. King talks about the future and how one day, freedom will â€Å"ring† from all across the United States and how people of all races will be able to â€Å"join hands† and be â€Å"brothers and sisters. † He strongly desires a united world where racism will not exist. He says, â€Å"With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day. † Overall, King int elligently used a well-planned structure to manipulate his audience into agreeing with him.

Company Law Course Wrap Up

MGMT3046 Company Law: Course Wrap Up November 2012 We have come to the end of formal instruction in Company Law, so it is useful at this point to review the main learnings from the course. This will be somewhat long! Unit1 Salomon v Salomon and the corporate veil. This is a foundational case in company law which enunciated the principle of the separateness of company and its members (shareholders and officers). The principle makes it quite clear that the separation of the company from its members will always hold; it is only in exceptional cases that the corporate veil will be lifted, such as in instances of fraud or other illegality.This means that a company may contract in its own name and, similarly, be held liable for breaches committed in its name. As mentioned before, shareholders and officers of the company will not usually be held liable for acts committed by the company. This leads directly to the concept of limited liability. Since a company is a separate legal entity, it f ollows that its members will not be liable for its debts. As a distinct legal entity, a company’s assets belong to it and not its members; its liabilities belong to it and are not the responsibility of the members.In the event of the company becoming insolvent or bankrupt, a shareholder’s loss would only be limited to the amount of unpaid shares he has outstanding in the company. In this way, a shareholder is afforded limited liability. Conversely, unlimited liability companies impose unlimited liability on its members. Ultra Vires. Ultra vires describes acts undertaken beyond (ultra) the legal powers (vires) of those who have purported to undertake them.The three main applications of ultra vires were: o whether the company acted outside is capacity; o whether the company’s agents acted in excess of authority; and o whether the company’s act was contrary to statutory provisions. This proved to create great difficulties for creditors as they might provide goods and services to companies which, when they refused or were unable to honour payment, were protected by the fact that contracts were deemed null and void and therefore unenforceable.Creditors had no recourse in the face of this issue. See Ashbury Railway Carriage & Iron Co Ltd v Riche. Ultra vires has since been abolished by statute such that, even though companies and its members may not be authorised to act in a particular way or to make certain decisions, they may still be liable for such unauthorised acts as against third parties. This concept will return again in other units. Unit 2 Lifting the Corporate Veil.The corporate veil does not provide blanket protection to the members and officers of a company. It will once they have acted carefully, honestly and in good faith. In cases of illegality and negligence, the veil may be lifted to expose the offending member to liability. Both statute and common law provide for the lifting of the corporate veil in such instances. This Session discussed the statutory exceptions to limited liability which include: 1 MGMT3046 Company Law: Course Wrap Up November 2012 †¢ †¢ †¢ †¢ †¢ eduction of number of members (it is to be noted that while a company may be operated with only one director under UK statute for up to six months, the same does not hold for Trinidad and Tobago); fraudulent and wrongful trading (these apply only during the winding up process [to be dealt with in further detail in Unit 8]; wrongful trading may be inferred from â€Å"reckless disregard† as found in s 447(1)(b) and (c)); disqualified directors (a director may be disqualified either during the course of normal operations of the company or during the winding up process); abuse of company names (this usually involves the transfer of company assets at an undervalue to the new company); and other named offences relating to documentation. While the veil of incorporation usually affords protection to a companyâ€⠄¢s members and officers, the Court will lift it in cases of statutory breaches where strict liability attaches to those found responsible for the breach.The Responsible Corporate Officer Doctrine, which holds the decision-making officer liable, operates very similarly in other legislation but is held to be separate from lifting the veil. At common law, the court will be prepared to lift the corporate veil under very limited circumstances. While there are no clearly defined categories, the court will lift the veil where individuals are concerned in instances of using the corporation as an agent (based on the degree of control exercised by the shareholders over the operations of the company) or where there is fraud or impropriety. In the case of corporations as shareholders, the court will lift the veil in cases where it can find an implied agency relationship and a group of companies acting as a single entity.It is generally held that the court will lift the veil in parent-subsidiar y relationships where the evidence shows that the subsidiary is but an agent of the parent (based on the degree of control exercised by the latter over the former); statutory or contractual provisions dictate that it should be lifted; or the subsidiary is established as a sham. A company will be deemed to be acting fraudulently where it is established to avoid a court order or other legal obligations; this usually applies where the shareholders are individuals. In such cases, the court will lift the veil to expose the company’s members to liability. Unit 3 Directors of a Company. A director’s behaviour is governed largely by the Companies Act, specifically by section 99. A director’s responsibilities and liabilities are very clear and simple.He must exercise the powers of the company; direct the management of the company (s 60); declare any personal interests (s 93); act honestly and in good faith; and exercise care, diligence and skill a reasonable person would exercise under similar conditions. Any breach of these requirements will lead to personal liability on the director’s part. The company may choose to indemnify a director for any liabilities incurred where he acted honestly and in good faith and in the best interest of the company (s 101). Particular attention should be paid to the words used in section 99 and their meaning. 2 MGMT3046 Company Law: Course Wrap Up Unit 4 November 2012 Directors of a Company. A director’s behaviour is also governed by common law which reflects, in large part, section 99 of the Companies Act.They owe a fiduciary duty to the company to act in the best interest of the company, lawfully, honestly and in good faith, otherwise, they will be in breach of their fiduciary duties owed to the company. Pardy v Dobbin is an excellent case on point. Shareholders are able to indemnify a director’s acts or decisions if they so choose where there is disclosure by the director of his interest. Apa rt from the duties owed, a director may be held personally liable in tort or for criminal activity, especially in cases of fraud or negligence, and will not have the protection of the corporate veil. It is important to note that where the tortious conduct of a director is motivated by self-interest or personal benefit, then the director may be liable (Blacklaws v Morrow, 2000 ABCA 175 (CanLII), paragraph 137).Personal liability will only attach, therefore, where it can be proven that the acts of the director are separate from the interest of the company or where such acts have been expressly directed by him. Fraud is proved when it is shown that a fraudulent misrepresentation has been made (i) knowingly, or (ii) without belief in its truth, or (iii) recklessly, carelessly whether it be true or false. A director will be held liable where any of these is proved. With respect to criminal liability, a director will usually be held criminally and personally liable where he acted in fraud on the employer, for his own benefit, or contrary to instructions.In other cases of criminal liability, the company will be held to be vicariously liable, together with the officer in question. Under the directing mind or identification principle, a corporation may be held vicariously liable for the criminal acts of its â€Å"directing mind†. In mens rea [criminal intent] offences, if the Court finds the director to be a vital organ of the company and virtually its directing mind in the sphere of duty assigned him so that his actions and intent are deemed the action and intent of the company itself, the company can be held criminally liable even where the criminal act was performed not wholly for the benefit of the company. He must, however, have been acting within the scope of the area of the work assigned to him.In the case of fraud, where the benefit accrues only to the director and is not intended to be for the benefit of the company, the corporate entity may be able to escape liability. Other Officers of a Company. Their behaviour, too, is governed by section 99 of the Companies Act. Unit 5 Shareholders. A shareholder is a member of a company, usually someone who has invested in the company and is considered an owner or part-owner. At law, the shareholder is not the incorporated entity; they are distinct entities, where the company is deemed a separate, legal person with rights, privileges and liabilities, 3 MGMT3046 Company Law: Course Wrap Up November 2012 in like manner as a shareholder. Their rights, privileges, liabilities, immunities and procedures for holding meetings are all covered by the Companies Act.In addition to the Companies Act, shareholders’ relationship with each other and the company are further governed by the terms of the shareholders’ agreement, which may place restrictions on their behaviour. It should be noted that there are certain fundamental changes that may only be effected by the shareholders. Unit 6 Stat us of the Minority Shareholder. The majority rules. This is enshrined in law, both common and statutory law. This makes it very difficult for minority shareholders to protect the interest of the company. This principle has its roots in the foundational case of Foss v Harbottle [1843] 67 ER 189 which addresses the heavily circumscribed status of the minority shareholder.Section 37(c) of the Interpretation Act further compounds this issue as it also reinforces this principle. In addition to the majority rules principle, another important issue that arose is the proper plaintiff rule. The court held that if the majority is committing wrongs against the company, it is the company itself that should take action to protect itself. Nevertheless, the law has taken into consideration the underprivileged position of the minority shareholder and allows him to take actions as exceptions to the rule in Foss v Harbottle. As the company is an inanimate entity, it cannot take action on its own, hen ce the relaxation of the proper plaintiff rule to allow the minority to act on its behalf.Obviously, the majority would be the entity to allow or disallow any such action and they will not permit the minority to take action against them. The minority shareholder(s) will have a right of action against the majority shareholder(s) in specific situations. He may be allowed to take derivative action – an action brought by a shareholder (or director) of a company in the name and on behalf of that company – in very peculiar circumstances. This means that any benefit accrues to the company only and not to the benefit of the shareholder. There are certain acts that a majority may not legally undertake and for which the minority may initiate such action.The minority has a common law right of derivative action where the majority attempts to: o o o Confirm an act which is ultra vires or illegal; Confirm an act which constitutes a fraud against the minority where the wrongdoers are themselves in control of the company; Confirm an act which can only be validly done or sanctioned, not by a simple majority but by some special majority; otherwise, a company could de facto do by simple majority something which required a special majority; or Affect qualified minority rights. o Where his personal rights are affected, he may take action in his own name. Any benefit here accrues directly to the shareholder. The minority shareholder also has rights under the Companies Act to protect the interests of the company against the will of the majority. As in the common law, the act also allows for derivative action pursuant to section 240. The procedure in 4 MGMT3046 Company Law: Course Wrap Up November 2012 s 240 must be followed prior to making a claim based on any of the four common law rights of derivative action mentioned.With respect to personal rights of action, minority shareholders may dissent to shareholder resolutions seeking to make fundamental changes to the corp orate entity (s 227) or may seek to restrain oppressive behaviour on the part of the majority that is unfairly prejudicial to or unfairly dismissive of the interests of shareholders or other members or officers of the company (s 242). In this way, the minority shareholder is offered the right under law to protect his own interest or the interest of the company. Unit 7 Insider Trading. This relates to trading in public companies. An insider is someone who breaches a fiduciary duty owed to his employer to act honestly and uses unpublished, price-sensitive information to trade in securities or communicates such information to someone else who trades. The information he has will be considered material if it will help an investor determine whether or not to purchase or sell shares.Where an insider uses such information for his personal benefit to avoid a loss or make a profit, he will be in breach of the Companies Act, the Securities Industry Act and common law principles relating to: o Access to confidential information; o Breach of fiduciary duty or other relationship of trust; o Material confidential information; and o Using material confidential information for one’s benefit. Unit 8 Winding Up and Dissolution. Winding up is the process of liquidating a company and its assets and then distributing the proceeds while dissolution is the cessation of the company. The most important issue here is trading while insolvent. This is regulated by s 447(1) of the Companies Act.This section raises the issue of fraudulent trading, where it is discovered during the liquidation process that the company continued carrying on business, despite knowing or being unconcerned that it would have been unable to honour its debts and liabilities. Liability under this section is usually triggered when the court is satisfied that a person has not taken every possible step with a view to minimising the potential loss to the company’s creditors as he ought to have taken. Seve ral important words and phrases are used in this section: intent to defraud; reckless disregard; debts and liabilities; knowingly; and personally responsible. The Central Bank case provides an excellent exposition into s 447(1) and the eaning of these terms. The use of such words and phrases make it clear that anyone guilty of this offence must have purposely or carelessly undertaken these acts despite knowledge or care of the company’s inability to cover the debts and liabilities incurred by it. Any person so guilty will be held personally responsible without any limitation of liability. It should be noted that this is not restricted to directors and officers; anyone, such as an accountant who may have audited the accounts and been aware of the dire financial situation, for example, who was knowingly involved would be held liable as well. It also applies to past officers and directors. 5MGMT3046 Company Law: Course Wrap Up Unit 9 November 2012 Corporate Governance. Corporate governance has assumed great prominence within the last twenty years. There are many definitions, but they all revolve around good management practices which encompass accountability, transparency and honest. Several financial scandals, resulting from a lack of these traits, led to the promulgation of codes of conduct for companies. These codes focussed on remuneration for directors, the role of the non-executive director, reporting functions of the board, and the role of auditors and audit committees. An ultimate combined code was created that encompassed the main points of each individual code.While none of these codes have the force of law, they provide a moral barometer specifically for public companies to engage in good management practices. Private entities are welcomed and encouraged to follow these guidelines as well. The wide range of stakeholders just might ensure that these non-binding codes are adhered to, as companies, public and private, are required to act in the bes t interest of the company and society at large. The threat of damage to the company's reputation may also assist in this regard. Of course, where companies fail to do so, they will be subject statutory and common law sanctions, even where the codes lack the ability to penalise.Section 99 of the Companies Act, in particular, and common law fiduciary duties apply here. Unit 10 Partnerships. What is a partnership? They are unincorporated entities, known as firms, comprising any combination of two or more individuals, or one or more individuals and one or more corporations, or two or more corporations (s 4, Companies Act). The relation which subsists between persons carrying on a business in common with a view of profit (s 3(1), Partnership Act) How is a Partnership different to a Company? Unincorporated entities Based on the law of agency Partners bear equal benefits and liabilities Formal establishment not necessary Less statutory responsibilities What does not necessarily constitute a Partnership? oint ownership; sharing of gross returns [Cox v Coulson – no agency]; and sharing of profits [Stekel v Ellice – employment contract vs partnership agreement]. Creation of a Partnership Persons who invest monies to open a company prior to its incorporation or to commence a partnership will not be deemed to be partners during the period before the company or partnership comes into existence. This was the case in Spicer Ltd v Mansell. 6 MGMT3046 Company Law: Course Wrap Up November 2012 Partnership at Will Partnerships that are not subject to any formal agreement. No fixed duration. May be terminated with immediate effect by any partner at any time. Refers to continued partnerships as well.Relations of Partners to Persons Dealing with Them (Higgins v Beaucham [1914] 3 KB 1192; Mann v D’Arcy and Others [1968] 1 WLR 893) Partners are deemed to be agents of each other and, therefore, have the authority to take unilateral decisions which will bind the fi rm, save in cases of fraud or other illegality. Joint liability Liability may continue post retirement An agreement may discharge a retiree from liabilities Liability and Holding Out (Tower Cabinet Co Ld v Ingram [1949] 2 KB 397) Anyone who represents or allows himself to be represented as a partner of a firm will be held liable where the firm’s creditors seek payment. Liability of New and Retired Partners (Bilborough v Holmes (1877) 5 Ch D 255; Rolfe v Flower (1865-67) LR 1 PC 27) Partners’ liability begins upon admission to the firm and ceases upon demission under ordinary circumstances. An agreement may discharge him from any liabilities.A former partner may still be liable for any breaches even after he has left where no such agreement is made. Relations of Partners to One Another (In re Barber (1869-70) L. R. 5 Ch. App. 687) The terms of a partnership agreement may only be varied by the consent of all partners. Partnership Property (Davis v Davis [1894] 1 Ch 393) Partnership property is property that is utilised for the purposes of the partnership. Title to partnership assets may be in the names of all the partners, as in a co-ownership arrangement, or in the names of some partners or one partner. Rights and Duties among Partners (Tann v Herrington [2009] EWHC 445 (Ch)) 26. a) share equally in benefits and liabilities; (b) indemnify every partner for payments made and personal liabilities incurred by him in the ordinary and proper conduct of the business of the firm; or (ii) in or about anything necessarily done for the preservation of the business or property of the firm; (g) no person may be introduced as a partner without the consent of all existing partners; (h)†¦no change may be made in the nature of the partnership business without the consent of all existing partners; Any liability to a third party is recoverable against the partners jointly and severally. 7 MGMT3046 Company Law: Course Wrap Up November 2012Tann v Herrington â₠¬â€œ duty of care, duty to act in good faith, skill Where this is disproved and some element of culpability is also proved, the individual partner only may be held liable. Expulsion of a Partner (In Re A Solicitors’ Arbitration [1962] 1 All ER 772) The concept of majority rule is ordinarily alien to partnerships, especially where expulsion of a partner is the issue. How does expulsion work? All partners must have unanimously agreed at the creation of the partnership to expel the offending partner. Expulsion does not hold where there are only two partners; the partnership will be automatically dissolved should one leave. This power of expulsion is one that must be exercised bona fide and in the general interests of the partnership.Dissolution of Partnerships Ordinarily, a partnership is automatically dissolved: at the expiration of any fixed term, the completion of an undertaking which was the reason for the creation of the partnership, or the death or bankruptcy of a partner. An application may be made to the court for a decree of dissolution in the case of: insanity, incapacity, or misconduct of a partner; where the business is running at a loss; or where it is just and equitable for the partnership to be dissolved. Problems associated with dissolution Division and distribution of the firm’s assets and liability; Continuation of partnership: Pathirana v Pathirana General vs technical dissolution: Green v Harnum 8