Monday, September 30, 2019
Hamlet Siloquies
Hamlet gives us seven soliloquies, all centered on the most important existential themes: the emptiness of existence, suicide, death, suffering, action, a fear of death which puts off the most momentous decisions, the fear of the beyond, the degradation of the flesh, the triumph of vice over virtue, the pride and hypocrisy of human beings, and the difficulty of acting under the weight of a thought ââ¬Ëwhich makes cowards of us all'.He offers us also, in the last act, some remarks made in conversation with Horatio in the cemetery which it is suitable to place in the same context as the soliloquies because the themes of life and death in general and his attitude when confronted by his own death have been with him constantly. Hamlet's soliloquy's reveal much about his character. However, they mainly seem to reveal that he is virtuous, though quite indecisive. These characteristics are explored through his various ways of insulting himself for not acting on his beliefs, and his consta nt need to reassure himself that his deeds are correct.Four of his seven soliloquies deserve our special attention: ââ¬ËO that this too sullied flesh would melt', ââ¬ËO what a rogue and peasant slave am I! ââ¬Ë, ââ¬ËTo be, or not to be, that is the question', and ââ¬ËHow all occasions do inform against me'. In Act 1 Scene 2, Hamlet is suicidally depressed by his fatherââ¬â¢s death and motherââ¬â¢s remarriage. He is disillusioned with life, love and women. Whether ââ¬Ësulliedââ¬â¢ or ââ¬Ësolidââ¬â¢ flesh, the reference is to manââ¬â¢s fallen state.This is the fault of woman, because of Eveââ¬â¢s sin, and because the misogynistic medieval church had decreed that the father supplied the spirit and the mother the physical element of their offspring. Both words apply equally well, linking with the theme of corruption or the imagery of heaviness, but ââ¬Ësolidââ¬â¢ is more subtle and fits better with the sustained metaphor of ââ¬Ëmeltingâ⠬â¢, ââ¬Ëdewââ¬â¢ and ââ¬Ëmoistââ¬â¢, and the overarching framework of the four hierarchical elemental levels in the play: fire, air, water and earth. Melancholy was associated with a congealing of the blood, which also supports the ââ¬Ësolidââ¬â¢ reading.In all likelihood it is a deliberate pun on both words by the dramatist and Hamlet. Other imagery concerns a barren earth, weed-infested and gone to seed, making the soliloquy an elegy for a world and father lost. Hamlet condemns his mother for lack of delay, and is concerned about her having fallen ââ¬Ëto incestuous sheetsââ¬â¢. His attitude to his dead father, his mother and his new father are all made clear to the audience here, but we may suspect that he has a habit of exaggeration and strong passion, confirmed by his use of three names of mythological characters.His reference to the sixth commandment ââ¬â thou shalt not kill ââ¬â and application of it to suicide as well as murder introduces the first of many Christian precepts in the play and shows Hamlet to be concerned about his spiritual state and the afterlife. Many of the playââ¬â¢s images and themes are introduced here, in some cases with their paired opposites: Hyperion versus satyr; heart versus tongue; heaven versus earth; ââ¬Ëthings rank and gross in natureââ¬â¢; memory; reason. In Act 1 Scene 5, having heard the Ghostââ¬â¢s testimony, Hamlet becomes distressed and impassioned.He is horrified by the behavior of Claudius and Gertrude and is convinced he must avenge his fatherââ¬â¢s murder. This speech is duplicative, contains much tautology, and is fragmented and confused. To reveal his state of shock he uses rhetorical questions, short phrases, dashes and exclamations, and jumps from subject to subject. God is invoked three times. The dichotomy between head and heart is mentioned again. In Act 2 Scene 2, Hamletââ¬â¢s mood shifts from self-loathing to a determination to subdue passion and follow reason, applying this to the testing of the Ghost and his uncle with the play.The first part of the speech mirrors the style of the First Player describing Pyrrhus, with its short phrasing, incomplete lines, melodramatic diction and irregular metre. This is a highly rhetorical speech up to line 585, full of lists, insults and repetitions of vocabulary, especially the word ââ¬Ëvillainââ¬â¢; this suggests he is channelling his rage and unpacking his heart with words in this long soliloquy, railing impotently against himself as well as Claudius.He then settles into the gentler and more regular rhythm of thought rather than emotion. The irony being conveyed is that cues for passion do not necessarily produce it in reality in the same way that they do in fiction, and that paradoxically, deep and traumatic feeling can take the form of an apparent lack of, or even inappropriate, manifestation. Act 3 Scene 1 was originally the third soliloquy and came before the entry of the Players. Some directors therefore place this most famous of soliloquies at II. 2. 71, but this has the effect of making Hamlet appear to be meditating on what he has just been reading rather than on life in general whereas the Act III scene 1 placing puts the speech at the centre of the play, where Hamlet has suffered further betrayals and has more reason to entertain suicidal thoughts. The speech uses the general ââ¬Ëweââ¬â¢ and ââ¬Ëusââ¬â¢, and makes no reference to Hamletââ¬â¢s personal situation or dilemma. Although traditionally played as a soliloquy, technically it is not, as Ophelia appears to be overtly present (and in some productions Hamlet addresses the speech directly to her) and Claudius and Polonius are within earshot.At the time this was a standard ââ¬Ëquestionââ¬â¢ (this being a term used in academic disputation, the way the word ââ¬Ëmotionââ¬â¢ is now used in debating): whether it is better to liveunhappily or not at all. As always, Hamlet moves f rom the particular to the general, and he asks why humans put up with their burdens and pains when they have a means of escape with a ââ¬Ëbare bodkinââ¬â¢. Hamlet also questions whether it is better to act or not to act, to be a passive stoic like Horatio or to meet events head on, even if by taking up arms this will lead to oneââ¬â¢s own death, since they are not to be overcome.There is disagreement by critics (see Rossiter, p. 175) as to whether to ââ¬Ëtake up arms against a sea of troublesââ¬â¢ ends oneââ¬â¢s opponent or oneself, but it would seem to mean the latter in the context. Although humans can choose whether to die or not, they have no control over ââ¬Ëwhat dreams may comeââ¬â¢, and this thought deters him from embracing death at this stage. Although death is ââ¬Ëdevoutly to be wishedââ¬â¢ because of its promise of peace, it is to be feared because of its mystery, and reason will always counsel us to stick with what we know.Strangely, the Gho st does not seem to count in Hamletââ¬â¢s mind as a ââ¬Ëtravellerââ¬â¢ who ââ¬Ëreturnsââ¬â¢. Given that Hamlet has already concluded that he cannot commit suicide because ââ¬Ëthe Everlasting hadâ⬠¦ fixed/His canon ââ¬â¢gainst self-slaughterââ¬â¢, there is no reason to think he has changed his mind about such a fundamental moral and philosophical imperative. C. S. Lewis claims that Hamlet does not suffer from a fear of dying, but from a fear of being dead, of the unknown and unknowable.However, Hamlet later comes to see that this is a false dichotomy, since one can collude with fate rather than try futilely to resist it, and then have nothing to fear. The ââ¬Ëconscienceââ¬â¢ which makes us all cowards probably means conscience in the modern sense, as it does in ââ¬Ëcatch the conscience of the Kingââ¬â¢. However, its other meaning of ââ¬Ëthoughtââ¬â¢ is equally appropriate, and the double meaning encapsulates the human condition: to be cap able of reason means inevitably to recognize oneââ¬â¢s guilt, and both thought and guilt make us fear punishment in the next life.With the exception of Claudius, intermittently and not overridingly, and Gertrude after being schooled by Hamlet, no other character in the play shows evidence of having a conscience in the sense of being able to judge oneself and be self-critical. This has a slower pace than the previous soliloquies, a higher frequency of adjectives, metaphors, rhythmical repetitions, and regular iambics. Hamletââ¬â¢s melancholy and doubt show through in the use of hendiadys, the stress on disease, burdens, pain and weapons, and the generally jaundiced world view.The ââ¬Ërubââ¬â¢ referred to in line 65 is an allusion to an obstacle in a game of bowls which deflects the bowl from its intended path, and is yet another indirection metaphor. Act 3 Scene 2, Hamlet feels ready to proceed against the guilty Claudius. He is using the stereotypical avenger language an d tone in what the Arden edition calls ââ¬Ëthe traditional night-piece apt to prelude a deed of bloodââ¬â¢. He is aping the previous speakerââ¬â¢s mode as so often, trying to motivate himself to become a stage villain, by identifying with Lucianus, the nephew to the king.This is the least convincing of his soliloquies because of the crudity of the cliched utterance, and one suspects it is a leftover from an earlier version of the revenge play. The emphasis at the end, however, is on avoiding violence and showing concern for his own and his motherââ¬â¢s souls; his great fear is of being ââ¬Ëunnaturalââ¬â¢, behaving as a monster like Claudius. He is, however, impressionable to theatrical performance, as we saw from his reaction to the Pyrrhus/Hecuba speeches earlier, and this carries him through to the slaying of Polonius before it wears off and, if we can believe it, ââ¬Ëââ¬â¢A weeps for what is doneââ¬â¢.This soliloquy creates tension for the audience, who are unsure of how his first private meeting with his mother will turn out and how they will speak to each other. He mentions his ââ¬Ëheartââ¬â¢ and ââ¬Ësoulââ¬â¢ again. Act 3 Scene 3, Hamlet decides not to kill Claudius while he is praying, claiming that this would send him to heaven, which would not be a fitting punishment for a man who killed his father unprepared for death and sent him to purgatory. For Hamlet revenge must involve justice.It begins with a hypothetical ââ¬Ëmightââ¬â¢, as if he has already decided to take no action, confirmed by the single categorical word ââ¬ËNoââ¬â¢ in line 87, the most decisive utterance in the play. The usual diction is present: ââ¬Ëheavenââ¬â¢, ââ¬Ëhellââ¬â¢, ââ¬Ëblackââ¬â¢, ââ¬Ëvillainââ¬â¢, ââ¬Ësicklyââ¬â¢, ââ¬Ësoulââ¬â¢, ââ¬Ëheavyââ¬â¢, ââ¬Ëthoughtââ¬â¢, ââ¬Ëactââ¬â¢. Act 4 Scene 4, Hamlet questions why he has delayed, and the nature of man and honor. He resolves again to do the bloody deed. Once again, he is not really alone; he has told Rosencrantz and Guildenstern to move away but they are still on stage, following their orders to watch him.Despite exhortation and exclamation at the end, this speech excites Hamletââ¬â¢s blood for no longer than the previous soliloquies. Though it seems to deprecate passive forbearance and endorse the nobility of action ââ¬â by definition one cannot be great if one merely refrains ââ¬â the negative diction of ââ¬Ëpuffedââ¬â¢, ââ¬Ëeggshellââ¬â¢, ââ¬Ëstrawââ¬â¢, ââ¬Ëfantasyââ¬â¢ and ââ¬Ëtrickââ¬â¢ work against the meaning so that it seems ridiculous of Fortinbras to be losing so much to gain so little, and neither Hamlet nor the audience can be persuaded of the alleged honour to be gained.Fortinbras ââ¬â who is not really a ââ¬Ëdelicate and tender princeââ¬â¢ but a ruthless and militaristic one, leader of a ââ¬Ëlist of lawless resolutesââ¬Ë ââ¬â s eems positively irresponsible in his willingness to sacrifice 20,000 men for a tiny patch of ground and a personal reputation. Critics dispute whether Hamlet is condemning himself and admiring Fortinbras, having accepted that the way to achieve greatness is to fight and win, like his father, or whether he has now realized how ridiculous the quest for honor is, and that one should wait for it to come rather than seek it out.As the Arden editors point out, there is double-think going on, whereby ââ¬ËHamlet insists on admiring Fortinbras while at the same time acknowledging the absurdity of his actionsââ¬â¢ (p. 371). As so often when Hamlet is debating with himself and playing his own devilââ¬â¢s advocate, the opposite meaning seems to defeat the conscious argument he is trying to present. Lines 53 to 56 are grammatically obscure and add to the confusion. What is clear is Hamletââ¬â¢s frustration with himself at the beginning of the soliloquy, which the 26 monosyllables com prising lines 43ââ¬â46 powerfully convey.
Sunday, September 29, 2019
Moral philosophy
In the film entitled ââ¬ËLiar Liarââ¬â¢ scripted by Paul Guay and Stephen Mazur, there several charaters who feature. These include such people as Fletcher Reedeââ¬â¢s acting as Jimmy Carey, Justin cooper acting as Max, Maura Tierney as Reedââ¬â¢s estranged wife, and Jenniffer Tilly among others (www.totalfilm.com ). The movie is about smooth-talking attorney and habitual liar, manipulating his way to the helm of his job a local law company through winning great challenging cases. In the course of the film we find his son celebrating his fifth birthday. The son is seen at one time trying to encourage his father to lies.à à This is because it is portrayed that this main character has lived and earned his career through lies. It is not clear whether that he will be able to win a case involving a character by the name Samantha Cole whose cases is on infidelity. The main character is also faced with the challenge of stopping his ex-wife taking his son to live with her in Boston. Through the application of lies Carrey survives in his career without the web of lies on which his career depends. In the movie Liar Liar, though clouded in comic laughter, there are several incidences whereby some acts are portrayed as immoral. The main character in this film in his endeavors to push his career up, he did some things which proved to be immoral. He pursued his cases based on a web of lies which worked wonders for. Though to him this was a success the acts were in themselves immoral. Based on Kantââ¬â¢s moral philosophy which states that an action is immoral not by virtue of its consequences but by the actual intentions of the actions. Kant further argued that moral requirements are based on a standard of rationality which he describes as ââ¬Å"Categorical Imperativeâ⬠(CI). In this case immorality will entail a violation of the categorical imperative and is therefore not rational (http://www.uchile.cl/bioetica/doc/honesty.htm). To be straight to the point, it is clear that we are commanded to exercise our wills in a particular manner and not to do some actions or others. It is therefore categorical in the course of applying to us unreservedly, or merely because we possesses rational wills. This is true because without indication to any ends that we might or might not have (http://www.uchile.cl/bioetica/doc/honesty.htm). Like his predecessors, Kant argues that moral requirements are based on standards of rationality which are either desire-based instrumental principles of rationality or based on pother rational intuitions. According to the film the main character acts against his duty of being honest to his clients and the public. This is against his duty to which he is called to. According to Kant, this is the only moral motive. In order to act morally people should to what is right guided by a sense of duty (www.answerbag.co.uk/q_view/398707). To conclude the movie gives us a picture of how people behave during their day to day life. During such times they go about doing things which to them are perceived as moral yet in actual sense do not constitute morality. The philosopher in this case i.e. Kant gives the true picture of what is moral and not moral. Works cited Truth and true professional, available at: à http://www.uchile.cl/bioetica/doc/honesty.htm, assessed on April 6, 2008 Kant: the moral order, available at: http://www.uchile.cl/bioetica/doc/honesty.htm, assessed on April 6, 2008 What is the basis of your moral philosophy?, available at: www.answerbag.co.uk/q_view/398707 ââ¬â 65k ââ¬â assessed on April 6, 2008 Liar Liar ââ¬â film review, available at: www.totalfilm.com, assessed on April 6, 2008 Moral Philosophy I think that moral philosophy of Jeremy Bentham is the best suited for business and decision-making. Benthamââ¬â¢s philosophy is based on three principles of the greatest happiness, universal egoism and artificial identification of oneââ¬â¢s interests. His philosophy is also referred to as utilitarianism. For example, Bentham argues: ââ¬Å"By the principle of utility is meant that principle which approves or disapproves of every action whatsoever, according to the tendency which it appears to have to augment or diminish the happiness of the party whose interest is in question: or, what is the same thing in other words, to promote or to oppose that happinessâ⬠. I think that in our tough and often hostile business environment it is better to be universal egoism because in such a way you remain strong and steadfast defending your positions at the market place. The principle of greatest happiness can be interpreted in the way that companyââ¬â¢s success makes leadership happy. Actually, Bentham philosophy is rational and logical, therefore, it is the best suited for our rational world. Bentham emphasizes the usefulness of things and actions meaning that everything should have its own place and purpose because it will lead to general happiness. Bentham approach is naturalistic as he promotes universal hedonism. He assumes that the primary motivators are pleasure and pain. The same is in business ââ¬â when pain is felt, leadership and team do their best to cure the pain. Bentham also argues that humans are always seeking for the greatest happiness because their interests are interrelated with interests of other humans. Benthamââ¬â¢s moral philosophy held the advantage as the principle of utility is very popular. Compared to other principles, the principle of utility is very velar and enables decisions to be made where there is a need to solve the conflict of legitimate interests. Benthamââ¬â¢s philosophy is a fundamental commitment to human equality. Benthamââ¬â¢s principle of utility suggests that ââ¬Å"one man is worth just the same as another manâ⬠. References Jeremy Bentham. The Internet Encyclopedia of Philosophy. Retrieved November 19, 2007, from http://www.utm.edu/research/iep/b/bentham.htm#H4 à à à à à à à Moral Philosophy In my opinion, David Humeââ¬â¢s moral philosophy is the best suited for business and decision-making process because it proclaims the principles justice, charity, benevolence, and patience. Moreover, Hume argues that ethics should play important role in decision-making process as it gives thinkers an opportunity to make such a decision wonââ¬â¢t oppose anybodyââ¬â¢s suggestions or preferences. He says that moral agent is motivated by character traits which nature is either virtuous or vicious. If a person is willing to donate money or things for charity, his actions are motivated by virtuous traits. In business decision-making, he notes, such traits should be natural and instinctive, and only in such person will make really ethical decisions. Humeââ¬â¢s moral philosophy is distinct and exact. (Fieser 2006) For example, Hume clearly divides qualities into virtuous and vice. The natural virtues are meekness, generosity, charity and benevolence, whereas artificial or vice virtues are chastity, greediness, dishonesty, and keeping promises. It seems that Hume places qualities needed for a well-ordered states as artificial. I think that in such a way he wants to show that business and decision-making should natural and instinctive. Agents are provided with psychological roles, though in certain situation a person may refer to more than entrusted role. (Fieser 2006) David Hume concludes that there are four categories of qualities necessary for moral business running and decision-making: 1.à à à à à Qualities useful for others: charity, fidelity, meekness, and benevolence; 2.à à à à à Qualities useful for oneself: patience and perseverance; 3.à à à à à Qualities agreeable to others: cleanliness, eloquence, and wit; 4.à à à à à Qualities agreeable to oneself: pride, humor, and self-esteem. Actually, David Hume discusses all the qualities which are considered the core of adequate business running. It is necessary to mention that to make really ethical decision means to use trained sensitivity to ethical issues. (Fieser 2006) References Fieser, Jame. (2006). Humeââ¬â¢s Moral Theory. Retrieved November 14, 2007, from http://www.iep.utm.edu/h/humemora.htm à à à à Ã
Saturday, September 28, 2019
HUM112 Essay Example | Topics and Well Written Essays - 250 words
HUM112 - Essay Example What he is basically doing here is to avoid prior philosophical prejudices and embark on his journey with something fresh. It is the accumulation of his thought process that he summarizes the direction he takes as ââ¬ËI am thinking, therefore I existââ¬â¢. He cannot doubt this knowledge which makes it easy for him to vouch for this fact. So the direction of his thoughts is built on ââ¬Ëclear and distinct perceptionââ¬â¢; headed in a direction towards things that are purely impossible to doubt. This is when I was sure that the ending would be very different from the way that the reading had begun. And I was correct in the way the surprise ending was Descartes ends up confirming that God formulates the truth of apparent and distinct perceptions. 2) Since you were expecting a different ending, evaluate how successful the author was in convincing you to accept the validity of the ââ¬Å"surprise endingâ⬠that was not clearly suggested at the beginning. Well while I appre ciate the interesting conclusion that the reading takes there are certain points that lead me to think that the evidence and argument that Descartes has put up to validate God are neither original nor very satisfying.
Friday, September 27, 2019
Mexican American War Research Paper Example | Topics and Well Written Essays - 1750 words
Mexican American War - Research Paper Example The Mexican-American War, also known as the First American Intervention came with social, political and economic factors which impacted civilians in both the US, and Mexico. This particular war was an armed conflict between the US and Mexico, which began in 1846 and lasted until 1848. The war was caused because the US had just annexed Texas and added it to its states in 1845. Regardless of the Texas revolution, Mexico considered Texas to be part of its territory. Texas was admitted to the Union as the 28th state of the United States. Because of its admittance, the US inherited the Mexican boarder dispute by default. This became a problem therefore creating the current war at hand. Not only did the US connect only Texas, but they continued to capture more territory which extended the nationââ¬â¢s boarders all the way to the Pacific Ocean. This acquisition of more territory was known as the Mexican Cessesion which occurred back in1848. This Cession is currently known as the southwes tern region of the United States. This region can be divided into pacific time and mountain time. This Cession was ceded by Mexico during the Treaty of Guadelupe back in 1848. It was a peaceful treaty dictated by the United States and it eventually ended the Mexican-American war which lasted a daunting two years. ... It was torn apart by angry internal political mini battles that could have created a civil war. It had a lot of debt and so it started relinquishing its rights to different states to help pay off the massive debt acquired during other wars. Mexico decided that Texas had little value compared to California and its richness and so relinquishing its rights would not be so difficult. There were several negotiators which greatly affected the results of the war. Because the negotiations were done in a peaceful manner, they were referred to as ââ¬Å"peace talksâ⬠. Nicholas Trist, the chief Clerk of the state department, accompanied General Winfield Scott as a diplomat and President Polkââ¬â¢s representative. They found no previous success in coming to an agreement so they reluctantly decided that they would have to view Mexico and their chief leaders as conquered enemies in order to get the job done. The special commission representatives were Don Bernardo Couto, Don Miguel Artrist an, and Don Luis Gonzaga Cuevas of Mexico. The war itself created social factors which lead to unity and unrest. Social factors impact people all over the world. During the Mexican-American war, a huge wave of immigrants permeated the United States. Several factors contributed to the wave of Mexican immigrants. The first was the Reclamation act of 1902 which expanded acres of farmland through new immigration projects. This pushed the need for agricultural workers. The Mexican revolution and the political and violent instability pushed people out of their country and into the United States. Possibly the most important social factor was the growth of the U.S. economy which attracted several thousand immigrants to its territory. Once moved to the US, most Mexican migrants
Thursday, September 26, 2019
Examine the general differences between quantitative and qualitative Essay
Examine the general differences between quantitative and qualitative methodologies. What are the advantages when employing them in combination - Essay Example For instance, three professionals in research methodology offer that quantitative research seeks the ââ¬Å"quantification of parameters such as number, size, connectivity, and the spatial arrangement of the different components of the structure under studyâ⬠(Evans, Janson & Nyengaard, 2004: 87). In this definition, quantification essentially suggests a confirmation by utilising various research instruments designed to provide, in the broadest hope, irrefutable evidence that certain events related to the research topic can be correlated or proven to be accurate. Perhaps a more appropriate method to describe quantitative research is to recognise how various business and organisational researchers measure change over time. By adopting a longitudinal study, quantitative research methods can be utilised in a study programme which measures the impact of organisational change on various employees (the sample population). For instance, the utilisation of surveys or closed-ended questionnaires distributed to the appropriate sample group prior to the implementation of an organisational change initiative can measure pre-existing attitudes using a numerical or statistical approach to data analysis to determine whether a noticeable trend in employee behaviours exists. After the implementation of the change programme, similar survey instruments can be distributed to the same sample group to determine whether attitudes have changed over time. Thus, in this scenario, quantitative research provides a numerical representation for elements of human behaviour and avoiding issues of subjective analysis (which can be questioned by peer researchers) because the data returned is quite concrete. The measurement of outcomes associated with change are often important research areas in nearly all scientific disciplines (Duncan, 1999: 114). Thus, when attempting to link particular subject behaviours with elements of their general environment,
Wednesday, September 25, 2019
Draftsmans Duty Of Care In The Preparation Of A Will Essay
Draftsmans Duty Of Care In The Preparation Of A Will - Essay Example In this context the common law development of rules which gives the draftsman's duty of care in preparation of a will has been discussed within the context of cases. The analysis is focused on identifying the solicitor's duties and responsibilities in preparing a will for the clients. Various aspects of preparation of a legal document highlight the significant role of the solicitor who has the duty to adequately represent the testator's intentions and wishes through the legal document. The various types of the draftsman's duties in preparation of a will are discussed in the changing contextual situations of family businesses, mutual or joint will, and breach of duty such as errors or delays. Identifying grammatical and omission errors, providing legal advice to clients, severing joint tenancy and adequately representing a testator's wish in preparing a will are some of the broad issues of draftsman's duties in preparing a will. This discussion is focused on identification of the various types of errors, issues concerning negligence of duty on the part of the solicitor and the possible contextual factors that can lead to these errors or failure t o perform the duties. The methodology adopted for this purpose include sear... Databases such as lexisnexis, bailli, zetoc and westlaw were searched with terms as 'draftsman' 'common law' 'preparation of will' 'solicitor duties' and several cases were located and have been included in this study. The studies obtained were then selected to adequately represent the research focus on identifying the draftsman's duties and responsibilities in preparing a will. The studies were analysed using a qualitative analytical approach from the Kerridge and Brierley (2003) framework of draftsman's errors and legal provisions of family law (1992). The aim of the study is to delineate the general rules of draftsman's duty of care in preparation of a will and the various legal aspects that defines a solicitor's responsibilities and the way he carries out these responsibilities. Draftsman's Duties in Preparation of a Will In preparation of a will, in addition to a general common law framework, trust law, succession law and tax law may have to be considered. A critical appraisal of the client's needs and the words that would meet the client's demands are considered in legal construction and consequences. A new trust deed may begin by choosing a precedent which appears to be the closest to what is required2. If a will or a trust does not meet client's needs, then new words will be required. In case of divorce, the divorcing spouse is a beneficiary and also the children in case of deceased. There has been in recent years an increased emphasis on understanding of law relating to revocation or cancellation of wills. Wills can be lost or misplaced, and this may be a problem if the testator has died in any way. It should also be evident that the will has not been destroyed as given in the case Hacquoil v Imperial Cancer Research (2003 JRC 163).
Tuesday, September 24, 2019
Discussion Essay Example | Topics and Well Written Essays - 250 words - 81
Discussion - Essay Example This research explores the effect of competences of emotional intelligence including empathy, awareness, emotional response, and emotional control on effective delegation of tasks and authorities in the banking industry of Malaysia. This research found a relative link between competitiveness and productivity in the workplace and emotional intelligence. There is on-going debate and research work regarding the extent to which emotional intelligence sets the stage for effective leadership. Competitiveness and success of bank managers imparts the need for managers to understand their own as well as their teamââ¬â¢s emotions, and the importance of their role in the organization. Managers need to draw a balance between their intellect and emotion. The success and growth of any industry depends upon the productivity of the workers. Study of this article leads one to the conclusion that there is a huge role of emotional intelligence of managers in the correct delegation of tasks to the right employees. Delegation of authorities to the right people for the right reasons and at the right time boosts workersââ¬â¢ productivity and helps the organization achieve its goals
Monday, September 23, 2019
Pettiness,jealousy,and selfishness abound in our daily interactions Essay
Pettiness,jealousy,and selfishness abound in our daily interactions with each other - Essay Example Among these vices, pettiness tends to thrive among people who have the same level of education. It is common to see people getting angry at small things like how the other looked at them or how others walk or talk. More so, it is common to see people creating enemies out of this pettiness. Instead of seeking to understand one another and the simple things that characterize us, some people will use these petty things to create enmity among one another. Thus, it is common to see neighbors who barely talk to each other despite being close neighbors. It is common to see people despising one another in a public bus despite having met and might probably never meet. With such attitudes, people forget that humans donââ¬â¢t live twice and fail to seize happiness whenever possible by being free with one another, understanding one another and loving their neighbors. Jealousy, unlike pettiness is seen among people that know each other and who are not ready to celebrate the achievements of others. Jealousy exists among family members, among friends and among those that you can never think could be jealous. It starts with admiration and then it goes beyond this. Sometimes, it can lead to destruction as others can do anything just to bring down their friends or those whom their jealousy is directed to. Jealousy is felt because of so many reasons such as because of someoneââ¬â¢s beauty, wealth or even positions. People who are jealous might try to strive others from these things until they succeed In the end, it becomes like a disease that is hard to cure. Apart from these two is selfishness, which I have come to realize that is in many people. It is hard to find people who are not selfish. People with this problem are never willing to help others and the worse thing is that they want to be helped. They never want to share whether they have a lot or whether they donââ¬â¢t. Instead of sharing, which is one thing that keeps the society
Sunday, September 22, 2019
Health and Safety Essay Example for Free
Health and Safety Essay The main persons responsible for health, safety and welfare on a construction site are: ? Employer ââ¬â their role is to conduct their business safely. In order to accomplish this, a supervisor (site manager) generally runs the site. They must ensure the health, safety and welfare at work of all employees; they should provide a safe system of work, with safe plant and equipment. Provide safe handling storage transport along with information, supervision and training. There must be safe access and egress from the place of work along with a safe environment to work in. The employer also has a responsibility to produce a policy to this effect, and must consult with and co-operate n developing safety measures. ? CDM coordinator (formally planning supervisor) ââ¬â They have the overall responsibility to coordinate the health, safety and welfare aspects of the design and planning phase. Prepare the early stages of the health, safety and welfare plan. Advise Clients of the competence and adequate resource of the principle contactor and ensure that a health, safety and welfare file for each structure is delivered to the client on completion. Ensure that structures are designed and specified to minimise any possible risks to health, safety and welfare during construction, and during maintenance. Adequate information is provided on possible risks. Co-operation with the CDM coordinator. ? Principle Contractors ââ¬â These are responsible for taking account of health, safety and welfare issues when preparing their tenders or estimates. Exclude unauthorised persons from the site Co-operate with the planning supervisor Coordinate activities, of all contractors, to ensure that they comply with the health, safety and welfare plan and provide information and training of employees and the self-employed about health, safety and welfare. ? Sub-contractors / Self employed ââ¬â are to co-operate with the Principal Contractor on health, safety and welfare matters and explain how they will control the health, safety and welfare risks in their work. ? Employees ââ¬â have a duty to follow the health, safety and welfare procedures that have been put in place and to use their initiative. They must wear suitable footwear or any other protective clothing which has been provided in accordance to what they are doing. Ensure that their working environment is safe at all times for themselves, work colleges and visitors to the site. They must cooperate with the employer and must not interfere with anything provided for safety. b) Identify three main pieces of health, safety and welfare legislation relevant to the construction and built environment sector and describe the legal duties of employees and employers in terms of such legislation. The health and safety at Work Act 1974 was introduced due to the constantly expanding laws on health, safety and welfare in the UK and consolidated much of the previous legislation and good practices. It placed duties upon a number of parties including employers, the self employed and employees. Employers have a duty to ensure, as far as is reasonably possible, the health, safety and welfare of their employees. Employees have a responsibility to take reasonable care for their own health and safety and for others who may be affected by their acts of omissions. The enforcement of the Act is carried out by HSE Inspectors and by the local authority inspectors. The nature of the main activity of the business determines the enforcing authority. When considering on an action, an inspector uses discretion but will consider the following: â⬠¢ The Risk involved â⬠¢ The Gravity of the alleged offence â⬠¢ The history of the business in respect of previous events and their compliance â⬠¢ The Inspectorââ¬â¢s confidence in the management of the firm â⬠¢ The likely effectiveness of a particular action The decision to bring about a prosecution rests with the enforcing authority. In respect of construction projects the main requirements of this Act is that employers also have a duty and responsibility to others working on a construction site, and for the safety of the public and other third parties. Under the health and safety at work Act 1974 umbrella falls much legislation such as: The Work at Height Regulations 2005 (Amended by the Work at Height Regulations 2007) Falls are the largest cause of accidental death in the construction industry. They account for 50% of all fatalities. There is no distinction between low and high falls). For any working at height, precautions are required to prevent or minimise the risk of injury from a fall. To prevent or minimise risk when planning for work at height, the employer should consider the work to be done and take a sensible risk-based approach to identify suitable precautions. The regulations apply to all work at height where there is a risk of a fall liable to cause personal injury. They place duties on employers, the self-employed, and any person who controls the work of others (e. . facilities managers or building owners who may contract others to work at height) to the extent they control the work. If you are an employee or working under someone elseââ¬â¢s control, you must â⬠¢ Report any safety hazard to them â⬠¢ Use the equipment supplied (including safety devices) properly, following any training and instructions (unless you think that would be unsafe, in which case you should seek further instructions before continuing) As an employer you must do all that is reasonably practicable to prevent anyone falling. The regulations set out a simple hierarchy for managing and selecting equipment for work at height. [pic] The Regulations require dutyholders to ensure: â⬠¢ All work at height is properly planned and organised â⬠¢ All work at height takes account of weather conditions that could endanger health and safety â⬠¢ Those involved in work at height are trained and competent â⬠¢ The place where work at height is done is safe Equipment for work at height is appropriately inspected â⬠¢ The risks from fragile surfaces are properly controlled. Reporting accidents and ill health at work is a legal requirement. The information enables the Health and Safety Executive (HSE) and local authorities, to identify where and how risks arise, and to investigate serious accidents. Records of reportable injuries or dangerous occurrences must be kept. They must include the date and method of reporting; the date and time and place of the event; personal details of those involved; and a brief description of the nature of the event or disease. The records can be kept by: â⬠¢ Keeping copies of report forms in a file Recording the details on a computer Using the Accident Book entry â⬠¢ Maintaining a written log A report must be made if there is an accident connected with work and: â⬠¢ An employee, or self-employed person working on the employeeââ¬â¢s premises is killed or suffers a major injury (including as a result of physical violence) â⬠¢ A member of public is killed or taken to hospital â⬠¢ An employer must notify the enforcing authority without delay and give brief details about the business, the injured person and the accident. â⬠¢ The employer must follow up with a completed accident report form (F2508) within ten days. An employee or self-employed person must report to an employer or person whose premises they are working in, any injury for either themselves or a member of public immediately. It is not the employeeââ¬â¢s or self-employed persons responsibility to report to HSE or to update the Accident Book unless it is the Self-employed personââ¬â¢s premises. Control of Substances Hazardous to Health Regulations 2002 (COSHH) Thousands of people are exposed to all kinds of hazardous substances at work. These can include chemicals that people make or work with directly, and also dust, fume and bacteria, which can be present in the workplace. Exposure can happen by breathing them in, contact with the skin, splashing them into the eyes or swallowing them. If exposure is not prevented or properly controlled, it can cause serious illness, including cancer, asthma and dermatitis, and sometimes even death.
Saturday, September 21, 2019
The Influence of Technology in Business Essay Example for Free
The Influence of Technology in Business Essay Technology has changed the way the world operates and conducts business. I remember walking into an office and being impressed at how cool the receptionist was by instant messaging the person I was there to see to let them know I had arrived instead of picking up the phone and ringing their office. She received an immediate reply to have me seated and said the he would be right with me. What was really happening is that he was on a phone call but was able to multitask more efficiently due to the instant messaging software, filling the need for instant gratification. That was well over ten years ago. Today, managers can hold global staff meetings and significantly cut costs with regard to travel and expense accounts while fulfilling the new trend of being ââ¬Å"greenâ⬠. Much of corporate America now has people in telecommuting programs, and the number of people involved is continually growing. Information sharing is faster and more convenient than ever before. You never have to leave your home or book a flight out to acquire information or survey a property or even meet clients thanks to teleconferencing where you can see the other person virtually face-to-face. While there are many advantages to the new virtual office up rise there are challenges as well. Many businesses find one of the biggest hurdles in setting up the virtual office is the responsibility of providing technical support. Whereas, technically proficient employees usually improve their skills while learning on their own, those that donââ¬â¢t understand computers can end up costing much more because of support costs. Interestingly, IT departments are behind the virtual workplace curve: As employees overall are increasingly distributed geographically (more than 90% work someplace other than headquarters), IT departments are increasingly centralized. Telecommuting is actually considerably rarer in IT departments than in the workforce at large, (Johnson, J. , 2009). This may be causing them to miss out on a revolution that the rest of the company may be experiencing. Another hurdle that companies must face is that they must evaluate virtual workers without directly supervising them. To do this successfully, the employee must be evaluated on the quality, quantity, and timeliness of the work as opposed to the hours involved, so it is imperative that the work be specific and measurable (Roman H. Kepczyk, 1999). The demand for the virtual office is on the rise and will continue to develop and progress as companies realize the significant savings impact it can have on their budget and the increase in productivity it has been shown to have. From the employeeââ¬â¢s perspective it also saves them money by not having to commute and buy lunch, therefore, increasing their retained income. They are more engaged due to the lack of interruptions by colleagues such as those present in a brick and mortar office setting and typically, employees use less sick leave when working from home. Reduced stress levels and a more productive and balanced lifestyle contribute the employees level of job satisfaction. An employer can save around $5,000 on cubicle and office equipment for just one employee. Telecommuting is the same thing as operating a virtual office. An employee can work from home but still communicate effectively with managers and colleagues. Employees may create a sort of ââ¬Å"social working networkâ⬠to compensate for the ââ¬Å"water coolerâ⬠action they may miss from having human contact at the office. Judy Duplisea, a regional vice president for the company CheckFree, lives in Canton while other members of her sales and client relationship staff live in Connecticut, Maryland, Michigan, New Hampshire, and New York. They work out of their houses, connected by computers, fax machines, and conference calls in a virtual office. My group is probably tighter now than any of the groups that I was working with in regular offices, Duplisea said. We go out of our way to stay in contact with each other. You can get real lonely if you dont (Cindy Krischer Goodman, 2010). The advances in technology and business will increase the rate of global expansion of companies in general. Not having to budget money for international travel or physically exhaust employees with the act of actually traveling but being able to conduc t business effectively in over seas markets is a huge benefit to any companyââ¬â¢s the bottom line. While business relationships should still incorporate some kind of human one-on-one contact with their clients and colleagues, businesses can communicate more effectively and more often, globally and domestically, with the increasing technological advances available to them. Clients, colleagues, suppliers and the like, are more than just a telephone call away, they are a teleconference, an email, and quite recently as demonstrated in the last presidential campaign on CNN, a hologram away.
Friday, September 20, 2019
Apple inc.
Apple inc. Background of Apple Inc Apple inc. is a based American corporation that manufactures and designs Smart electronic products ranging from computer software, hardware to other consumer electronics. The company has a an outstanding Macintosh personal computer line, Mac OS X, for its exceptional dependable user base which makes them significantly stand out, the iTunes media application and the iPod personal music player. The company has its base in Cupertino, Califonia, having its CEO and founder to be Steve Jobs, the company can beat its chest to having 284 retail locations spreading across 10 different countries. On the1st, of April 1976 Apple was established by Steve Jobs, Steve Wozniak and Ronald Wayne to sell the Apple I personal computer kit. Steve Jobs was said to own 45% of the company, Steve Wozniak with 45% and Wayne with the remaining 10% Apple with time has brought about a significant reputation in the consumer electronic aspect. The users of Apple electronics tend to be fascinated about and loyal to the products and on the other hand those who have no experience with Apples product most times criticize them an being too expensive. On August 15, 1998 Apple released the iMac and was able to cover up its past failures which includes the first Apple portable, which was to wrong looking and bulky and the Newtons, Apple in entering the PDA market. In 2001, after several years of rigorous developments, Apple came up with Mac OS X a universal operating system targeted at both consumers and professionals. The Mac OS X was a different re designs from its previous the Mac OS 9 which could not constrain the power of UNIX while offering a streamlined user experience with a simplified GUI (Graphical User Interface). The iMac line of professional computers combined with the Mac OS X regained Apples profitability coupled with the r elease of the iPod portable digital audio player, later in the year which was just to crown its productions. The historical success of the iPod created a platform for future product, including the best mobile device in history, the iPhone and the Mac Book line of portable computers and the latest release of the iPad on the 27th of January 2010. Introduction This report is based on carrying out a strategic logistic analysis of Apple Inc. with a view to developing opportunities to develop logistic capabilities of Apple Inc. in this cognizance to the swot analysis, five forces analysis and Porters Generic strategy, Apples frame work. Virtually all these strategic models were done from the logistic perspective. This report addressed the main strategic approaches to logistics that can be done by Apple Inc. This report also look into management issues with regards to the implementation of a new logistics strategy especially from the perspective existing capital, technical and human resources. Finally, this research also helped to evaluate trend and the importance of new technology especially with respect to the future logistics strategy of new companies, critically evaluative the strategic significance of new technology developments and business trends on future logistic strategies for Apple Inc. Its Business Apple Inc. success in the IT world is as a result of the wide range of products varieties portfolio and the strength of the Mac OS X technology. Good brand loyalty. Giving a face-lift to desktop and notebook lines. Well known hardware and software products, the iPod, iPhone, Macintosh Computer, Mac operating system, iTunes. Apple Inc. sells a wide range of third-party Macintosh (Mac), iPhone and iPod compatible products, including application software, printers, storage devices, speakers, headphones, and different other accessories and peripherals via its online and retail stores, and digital content and applications through the iTunes Store. Apple Inc. sells to consumer, small and midsized business, education, enterprise, government and creative customers. Swot analysis The Apple SWOT Analysis the source for the top level management and data information. The analysis puts in view the organizations essential business structure and all its activities and gives the update of the revenue lines and strategy. (Data monitor April 2009,page 30) Strengths Apple Inc. major in developing its own software and hardware. iTunes Music store generates more revenue and the iPod which has easy accessibility on the Windows platform. Apple has an alcove audience that gives the organization some deceleration from the direct price competition. Providing a whole new dimension to desktop and computer lines. Its online access technology can be used to promote product awareness and sales. Has more maneuverable low debt ability. Excellent brand loyalty is associated with Apple Inc. Affiliation with Intel computers in 2006 till date. Powerful research and development department. Weaknesses No strong connection between Intel and Microsoft. Weak domination in business sector. Most Apple product has a very short life cycle which causes revenues to focus on the release of new products and services. Having to major its market in the education and publishing not in other markets. Slow turn around on high demand products. Its market is lacking way behind its Major competitor Microsoft. Past communication between the founder and employee which brought about its loss of reputation. Opportunities Large market population which tend to be brand driven. High rate of virus on personal computers to provide a constant market for its anti virus softwares. The ties of apple other companies are weak, Apple can develop good relationship for joint ventures. The high rate of music downloads and Mp3 are increasingly marketable. The sale of computer via the online platform are on the increase. The laptop market growth is increasing so Apple Computers should concentrate on the improvement and development of new models to satisfy the needs of individual customer. Threats Incompatibility with other organizations softwares. Dell, HP, Sony and Toshiba are major competitors facing Apple in the laptop sector. Free download of music and other software is common with other sites which has high impact on sales for online store sales of music and MP3 download. High prices of its product compared to its competitors which make them loose their market. The long lasting recession may impact the sales of the company due to higher prices of the products and services. The launching of the new Microsoft vista windows 7 which is gaining market share. Speedy change in technology is on the increase. The SWOT analysis above gives us a view that Apple Inc. has strengths that it can use to further develop the brand and invariably increasing its market and gaining an edge over its major competitors. Apple is a company with great success, the iPod music player sales increased its second quarter profit to $320in June 2005 same with its Macintosh computers. The iPod allows the company to in viewing other segments to go into. Apples Mac note books also contribute to the Apples high income. The brand name is one of the most popular brand names in the world, which offers good customer views of its products in the customers satisfaction. Early in 2005 Apple made an announcement on the putting an end to its relationship with IBM the supplier of their micro chips and switch to Intel specialists commented on saying it may make them loose their customers confusion. There is weight on the company to pump up the price of its Mp3 and music download from the music industry since most other company make their income from iTunes than selling their compact discs, |Apple has made sales of 22million on sales of its music player the iPod and further sales of 500million on the downloading of songs from its iTunes store. This shows a statistic of 82% of legitimate downloaded music in the US. The development of the iTunes music store to ease users on tracking their music and downloading it, this was made available, and by the use of the USB cable. Software was made in such a way it allows the pausing of music on incoming calls. There is a great deal of new technological strategies alliance opportunity for Apple. another new software is the Podcast which are downloadable media which is done via the internet and plated back on later events that suits the user. It has a free subscription which Apple can make it a paid subscription to generate more income The biggest fear of Apple Inc is the high level of competition in the IT markets. As a successful company the rate of competition is high so the company has to work rigorously on its market research in order to maintain and retain its position in the market The vast popularity of iPod and Apple Mac are on high demand, and will be affected if economies begin to falter and demand falls for their products. The level of close product substitution effect in the innovative and fast moving IT market. There for the iPod and MP3 are in the trend today, but only yesterday it was CD, DAT, and Vinyl. The future technology might be completely different and the music player could be displaced by the Wireless technologies. Five forces analysis The five forces strategic analysis was developed by Michael Porter. The Five forces framework is widely used as a type of industry analysis b (Johnson et al., 2005). The understanding of the way each of the five forces allow organizations have the basic insight in allowing them model the best fit strategies to be successful in their market (Thurlby, 1998). Apple operates in two primary industries: Computing Hardware and Software Delivery of Entertainment and Media Apple has always been under intense competition within the computer, software, and entertainment industries. Figure 1: Five forces analysis for Apple Inc Competitors Apple Inc top competitors include Dell, Microsoft, HP, Alien ware, Gateway, IBM. Strategic positioning Strategic position is aimed at achieving profitability and competitive advantage. Apples strategic position is to offer users the best computing experience by innovating in hardware, software, and Internet offerings. Environmental Analysis of Apple Inc. Apple, Inc operates as a multinational corporation that designs and manufactures consumer electronics and computer software products. The external environment is the institutions and people outside a business organization that affect it; these include national and local government, trade unions, competitors, customers, suppliers, etc. The external environment is one of the contingency factors that has to be taken into account in designing an organization.( Ed. Jonathan Law.) The external environment has three components: the remote macroeconomic environment, the industry environment, and the operating environment within the organization itself. There are key macroeconomic variables that affect Apple: inflation, unemployment, and competition. The first key macroeconomic variable that affects Apple is inflation. Inflation in an economy can be the result of an increase in aggregate demand that is unaccompanied by an increase in aggregate supply. A rise in any component of aggregate demand can bring about inflation. One reason for a sudden, unanticipated rise in aggregate demand can be an unanticipated rise in the supply of money. Inflation can also result from a decrease in aggregate supply that occurs when businesses find that production inputs have risen in price. Such occurs when labor costs and the price of raw materials such as plastics or metals. Decreases in productivity can also have a negative impact on aggregate supply and, therefore, cause a rise in prices. Apple has been in a situation where the aggregate demand for the iPod touch and the iPhone have been really high but the prices for these products it as a reasonable cost to the consumer. Another key macroeconomic variable that affects Apple Inc is unemployment. The unemployment rate is the percentage of people who are not working but who are actively seeking employment. Shifts in labor market that can create unemployment. At any given time the unemployment rates may differ greatly among nations. Two reasons for the difference are Different natural rates of unemployment and Nations may be in different phases of business cycle. McConnell C.R. and Brue S.L. (2004, p. 140). Between 2001 and 2006 the United States unemployment rate was considerably lower than that of Canada. If the unemployment rate is high then that means Apple may have had to lay off a bunch of employees because of the economy. If there arent many employees working at Apple then productivity will go down. Wages are an industry variable that is determined by the unemployment rate. If the economy is bad and Apple had to lay off employees then the wages of the existing employees may not go up for a long period of time or may even go down. The last key macroeconomic variable that affects Apple is gross domestic product (GDP). The gross domestic product (GDP) is a basic measure of a countrys economic performance and is the market value of all final goods and services made within the borders of a nation in a year. It is a fundamental measurement of production and is very often positively correlated with the standard of living. If there is an announcement in the news that there has been an increase in the GDP this will be an indication that the economy is, in all likelihood, in a growth phase. If the GDP number is comparatively weak or declining, this reflects a negative economic environment for the country, indicating a depressed economy. The world economy is depressed and facing a great recession. These facts will lead consumers finding themselves with less disposable income which will eventually cause them not to spend much consumption on luxury products. Apple will be largely influenced by the reluctant consumption ne eds. However, Apple has better positioned itself in the market. The introduction of new iPhone with a relatively cheap price is reflecting a very good sales strategy to accelerate consumption. Apple has successfully sustained a better profit rate in the last three years despite global economy slow down. However, there is no company that can always increase its profit while the national GDP is decreasing. There are many opportunities and challenges that exist for Apple, Inc. A big opportunity that Apple has is they open their stores in a slow, even-handed way to make sure each one is profitable. Other companies that over extended themselves in the boom could have to pull back drastically as their customers are reluctant to spend. That opens opportunities for Apple to negotiate more favorable lease terms in struggling shopping malls. Another opportunity would be that as Apple opens more and more international stores, that sector of Apples business will be less and less affected by financial troubles in the U.S. An ongoing challenge that Apple faces is keeping the price of their products affordable. Apples business plan includes pricing their products so the consumer can afford them. Even with the current recession Apple is still making a high profit from their computers and electronics. Another challenge according to( www.macobserver.com), Apples Mac growth is three times the average P C sales growth, and theyve sold 120 million iPods, burying the competition. Apple has branched out into the mobile phone market gaining even more consumer awareness. As a result, Apple has had to invest heavily in customer service. Some wonder if they can keep up the pace. Implementing a new logistics strategy within an organization Apple has historically taken a far different path than the traditional Windows and Intel combination. Microsoft provides the Windows operating system to separate downstream hardware producers such as Dell. Apple vertically integrated both the operating system software and hardware completely under Apple. A consumer running Microsoft Windows can choose from a myriad of systems based on the Intel processor, while a consumer running Apples OS X must purchase Apple hardware. Apple is adjusting this strategy by migrating their microprocessors from IBM and Motorola PowerPC to Intel. Analysts believe that the Intel-based Macintosh may be able to run Microsoft Windows applications by the end of 2006. (Burrows) In addition to switching processors, Apple positioned their computers as an immediate option for the traditional Microsoft Windows user. With Apple Boot Camp, users may now use Mac OS X or Windows on an Apple computer. (Sutherland).By allowing users to run Windows on an Intel Mac, Apple reduced the switching costs for traditional PC users. Apple may steal away customers that are willing to pay a premium for a system that runs both Windows and Mac OS X. Apple continues to retain a strategic option to license its technology to clone makers such as Dell. Past attempts at licensing Apple technology (to IBM, Gateway, and others) failed on accord of Apples rigid demands. Many technology leaders (such as a 1985 letter by Bill Gates to Apple CEO John Sculley) criticized Apple for keeping a closed architecture. Apple cofounder Steve Wozniak criticizes this strategy, We had the most beautiful operating system, but to get it you had to buy our hardware at twice the price. That was a mistake.Whether Apple would be willing to pursue this reversal of vertical integration is unclear. Although such a move would cannibalize a portion of Apples own hardware sales, it would also provide royalty-based revenue that could approach $1 billion annually. (Burrows) Jobs traditionally sided against licensing Apple technology. He referred to Mac clone producers as leeches and he personally killed Power Computing by terminating their license in 1997. Increasing inventry Despite a weakening economy and a need to meet customer demand, Apple has been able to maintain a fast inventory turnover rate. The Mac and iPhone maker is sitting at five days worth of inventory on any given day, beating Dells seven days worth of inventory, according to data from UBS. Other PC makers are having even more trouble matching Apples inventory efficiency. Lenovo, for example, is averaging 15 days of inventory, and HP is sitting at 32 days. Intel, however, is showing a much slower inventory turnover rate at 89 days, and D-Link is sitting on a staggering 131 days worth of inventory. Apples quick turnover rate may have been due in part to preparing for its just announced iMac, Mac mini and Mac Pro updates. The company released new desktop computer. Models on March 3, and keeping inventory low helped assure that there would be fewer of the previous model machines sitting on store shelves. While maintaining a higher inventory level can help a company cope with sudden increases in demand, it can also show a companys inability to adequately gauge market interest in their products. For now, it looks like Apple is managing inventory better than its competition. (Jeff Gamet) Future logistic strategies for Apple Inc The development of Apples coverage device and Once developed the Apple convergence device will provide a wide range of functions and powerful processing capability that can be applied to the field of medical care to enhance efficiency and modernize the industry. Apple should work with medical device companies and care providers to develop a set of criteria for necessary capabilities for consideration in developing the platform. The device will function as an integral part of an overhauled recordkeeping, care giving, and medical administrative system modernized for the twenty-first century. The device and software it runs will make use of compatible equipment to measure, document, and file measurements, symptoms, and diagnosis in an easily accessible and fully-portable medical files system. The system will help to streamline care giving, administration, and claims filing, by eliminating mountains of paperwork and cumbersome filing systems. Conclusion This research will give the reader an overview of the logistics implementation strategy adopted by Apple Inc and how the organisation can help improve its supply chain network now and in the nearest future. Reference http://www.brighthub.com/computing/mac-platform/articles/65346.aspx#ixzz0jRgxpiYB Michael Dougherty http://www.researchandmarkets.com/reports/555326 Data monitor April 2009,page 30 Apple SWOT Analysis. November 23rd, 2009 | Adam | Posted in Marketing www.mba-tutorials.com/marketing/273-apple-swot-analysis.html Jeff Gamethttp://www.macobserver.com/tmo/article/apple_beats_competitors_at_inventory_turn_over/ http://marketingteacher.com/Lessons/lesson_fivefoces.htm Thurlby B (1998) Competitive forces are also subject to change, Management Decision London Johnson, G., Scholes, K. Whittington (2008) Exploring corporate strategy: text and cases. London: Prentice Hall McConnell, C.R. and Brue, S.L. (2002).. Economics: Principles, Problems http://www.macobserver.com. http://www.spoke.com/info/pY9wQEu/KarenBurrows
Thursday, September 19, 2019
Braham Stokers Dracula :: Dracula Essays
Free Essay on Dracula In the novel Dracula there are many qualities that are necessary for success. Firstly determination is a key factor to succeeding; secondly revenge is a factor in succeeding; furthermore fearlessness plays a big role when they go to kill Lucy; lastly intelligence is needed to make all the plans. When Jonathan Harker get captured by Dracula he is afraid, but he is also determined to get free. "I can not say in this room much longer for I shall die," he said. A small crack of light appeared through the stones. "I pushed the stone with all my might but it only move, I found a carving utensil which I used to make the hole bigger" said Jonathon. "The hole got bigger and bigger then the stone just fell out." When Jonathan Harker and the rest of the people go to hunt Dracula they are determined to kill him because they do not want Dracula to kill anyone else. In order to kill Dracula they must plunge a stake through it's heart, cut off it's head, and stuff it's mouth with garlic. They use silver knives to kill him just as the sun sets. "Get him before he flees" said Jonathan, "he must not get away." Arthur proceeds with the stake cautiously. "I got him" yelled Arthur. Abraham shoves a clove of garlic in the Count's mouth. "get him before he tries to get away." Jonathan and Quincey, use silver knives to cut off his head. "We have finally done it we killed Dracula" said Quincey. Jonathon was determined to escape. Arthur, Abraham, Jonathan, and Quincey are determined to kill Dracula. In order to get out of the Count's castle Jonathan thinks of three things survival, escaping and kill the Count for trapping him in the castle. "I can't die I have to get out, I have to end his rain of terror, he can`t get away with what he did to me" said Jonathan. This shows that Jonathan Harker wanted to kill Dracula through revenge, but he also killed him so Dracula would not kill anyone else. When Van Helsing, Holmwood, Seward, and Quincey Morris go to kill Lucy they must be fearless of the un-dead.
Wednesday, September 18, 2019
Essay --
This Ocean energy is found around the world. 70% of the oceans surface is covered in water. According to alternative-energy-news website ââ¬Å"Ocean energy is recovered when the wave power farm operates on the wave energy that is created when a float/ buoy flows with the natural movement of the waves.â⬠The equipment needed is a very big buoyant crafted buoy, a long reliable cable wire and a heavy weight so the buoy does not float away and ruin your research. ââ¬Å"The concept is simpleâ⬠, says John Lienhard, a University of Houston mechanical engineering professor: ââ¬Å"Every day the moonââ¬â¢s gravitational pull lifts countless tons of water up into, say, the East River or the Bay of Fundy. When that water flows back out to sea, its energy dissipates and, if we donââ¬â¢t use it, itââ¬â¢s simply spent.â⬠The stronger the waves the more energy can be taken from it to power our world. We as humans use and waste this energy doing everyday work. Yes, you do need special equipment for processing wave energy from the ocean, main thing you need is a buoyant buoy to throw into the ocean and weigh it down with one solid weight, so you donââ¬â¢t lose almost 3 million dollars. Our energy sources is formed when the tidal energy is produced through the use of generators in the ocean. The generators are large under water turbines that are placed in areas with the highest tidal energy.The turbinesââ¬â¢ job is to take in the kinetic motion of the withdraw and flow of the ocean's tides (shallow water) to get electricity. The tidal turbines are best used for shallow waters, because it is stronger than and most stable than casting it into the ocean where you would have to check on it everyday in almost deadly weather. They help because turbines rotates slowly so ships and passing ani... ...ards fuel and on going operation that represent upwards of 80% of the plantââ¬â¢s cost of energy. The greater availability of wave energy in areas means that devices will be able to absorb more energy and convert that to power at a greater rate that devices in areas with low wave energy density. Ocean power technologies will to live initially in areas with wave energy density.â⬠As you read this excerpt from the website what are your opinions. Early-stage prototype government backed funding. We can conserve ocean energy by not polluting the ocean, save energy (use less lights and electricity). We can also conserve other natural energies. Ways to conserve energy would be: walking, biking, carpooling, using the mass transit. You can turn your refrigerator down, wash clothes in warm or cold water, turn down water heater, and the big thing we can do is Reduce, Reuse, Recycle.
Tuesday, September 17, 2019
How I’Ve Changed over the Past Year
How I Have changed over the past year? Humans are as changeable as the weather. Or perhaps a more frequent changer. And being one myself Iââ¬â¢m no different. Every night when I look back to the previous day I see no change. But when I look back to the year that has just passed, I do see the difference. The experiences I went through changed me to a better or may be something close to a reformation. Nevertheless Iââ¬â¢m not the same anymore I was always known to be short-tempered and egoistic. But last year one incident really changed the way I was and thought. My sudden fluctuations in temper made me lose a lot of friends and the loneliness I was in taught me to be more friendly and patient. My friends always knew how to react to my rudeness but unfortunately I forgot my new friends were not accustomed to it. I met some buddies in a friendââ¬â¢s birthday party, last year, who were more than just casual acquaintances. One of them dropped coke over my new silk dress and that did it! I started yelling at her without noticing I am ruining the party. To my surprise the girl started crying and ran away while I was left standing clueless. The birthday boy came up and said ââ¬Å"I think you better go wash yourself, Sunnu, before the spots get dry. Iââ¬â¢ll call you later. â⬠He never called and probably would not have if I had not met him in a mall a few days later. ââ¬Å"Yes, I didnââ¬â¢t. But neither did you. â⬠He answered when I asked why he did not call. ââ¬Å"But you said ââ¬Ëyouââ¬â¢ will call. ââ¬Å"Yes, but donââ¬â¢t you think you were at fault and should have taken the first step and said sorry? â⬠I was very confused. I did not know what he meant. Why should ââ¬ËIââ¬â¢ be sorry? It was ââ¬Ëherââ¬â¢ fault, not mines. But now I know why he did not. I was too egoistic to even think of being sorry, let alone saying it. She did a mistake unintentionally, but I did a bigger mistake by not doing what I should have done ââ¬â forgive and forget. I realized this when one day one of my friends told me ââ¬Å"Sunnu, you never accept the fact that even ââ¬Ëyouââ¬â¢ can make mistakes. You are always too angry to even think what other people might feel at your choice of words. â⬠I was lonely. My friends had left me trying every possible ways to make me realize. But this lone feeling gave me time to think over everything and that is when I realized how wrong I was. One day, one week, one month and in a year I changed myself. I was a reformed Sunayna. I was better and the proof is all the old friends and many new ones happily smiling on the pictures in my ââ¬Å"My Friendsâ⬠album on Facebook.
Monday, September 16, 2019
Globalization and Sustainability: The Importance of Government
The world was once vast and unknown. Communication was once dreaded as messages would take exceeded amounts of time from one point of destination to the next. Countries would not know of each otherâ⬠s affairs for months because the world was large beyond anyoneâ⬠s imagination. But as soon as technology reared its head the world rapidly became smaller. It modified everything within its grasp. Communication that once took months could now take seconds. Travelling abroad that would have taken years now took hours. Every institution that fell into this form of globalisation changed. It is obvious to see that governments have also been effected by globalisation in such ways that they can either imitate or contrast with each other. Yet a controversy exists about the issue on the effect of globalisation on governmental power. On one side of the argument globalisation is considered as a force that weakens the power of government whereas others debate the contrary, claiming that there is no effect and power remains constant. Still both arguments fail because of the extremity that they impose. A better argument would be that globalisation does effect government power, not to the point of weakening, but ensuring that no abuse of power occurs unknowingly. Globalisation is simply a tool that enables the actions of governments to be monitored by other countries and world organisations. With comparison of Australian and Canadian environmental policy, it will be clear that actions taken by the government have been influenced (not controlled) by globalisation. The idea of the world becoming a small interactive village is what many would consider the effect of globalisation. Boundaries are no longer an issue and can be crossed with an easy click of the mouse. But globalisation is far from being a new concept that came along with technology. It has existed since humans have had curiosity. The exploring of new lands, the discovery of new peoples and nations, to the fascination of natureâ⬠s physical features, people have been in the process of globalisation for centuries. Technology had simply allowed globalisation to progress a little more rapidly than what it had accomplished in the past. Although it seems that globalisation brings promise of a unified Utopian society this is far from becoming the truth. Todayâ⬠s world is based on the market. The selling of goods and services to the consumer to gain profit. Therefore globalisation has become the expansion of the market place with greater opportunities for production and trade in new locations. 1 Relations are established between nations, not for the mere satisfaction of peace, but for the insurance that a trading partner exists where profit can be gained. This motivation from profit leads to the element of the manufacturing process. In order to achieve maximum profit corporations need to spend less in producing a product. They go about this through means of cheap energy fuel (usually fossil fuels like coal), low labour wages, and cutting costs in waste disposal. For an exceeded amount of time corporations have been able to escape the clutches of the law because it was seen that damage to the environment was a small price to pay in exchange for high profits. For instance abuse to the Canadian forests in the past two centuries has led to a large proportion of it being cut, 8 000 kilometres long and hundreds of kilometres wide. When large damage has been inflicted only then will peopleâ⬠s concerns be aroused. Governments then needed to intervene, to steer corporations from inflicting anymore damage to resources and environment. Canadian government had only made environmental policy a main concern since 1985. It was in the Ontario provincial election where pollution was made a significant issue. This was the first time ever that the issue of pollution was made a priority. Ever since the topic of concern for pollution has been maintained by both provincial and federal institutions. Australia on the other hand began its involvement on the issue in 1980. It was in this year that the World Conservation Strategy was published and the country took it upon itself to formulate a similar document that would help enforce the idea of sustainable environment throughout the nation. 4 Although government intervention seems to guarantee some progress towards sustainability the idea of globalisation alters the desired effects. World trade allows the cheapest producer to gain maximum profits. Competition for profits is then always present. In order for competition to exist all producers must somehow keep product costs low while maintaining or increasing product output. If legislation is passed within a country that holds a corporation responsible for destruction to the environment by means of their waste, corporations can still outrun any consequences from their actions. It is difficult to prosecute institutions because they are essential. 5 They provide jobs, goods and services, and distribute money towards many organisations. The industry allows economy to prosper as well as many citizens that partake in the production and consumption of the goods. The destruction of the environment is seen as irrelevant to the benefits of cash profit that the industry brings. What corporations fail to observe is the future outlook. The concern is only on maximum exploitation for maximum gain. No corporation has interest in conservation because of the mentality of whatever is left by a corporation will simply be used by a competitor. 6 Yet the immediate gains will not always be present because sooner or later resources will be exhausted and there will then be a failure to produce, soon followed by a collapse within the industry production and profit. Sustainability will ensure that resources can be reserved as well as allowing time for some replenishment. It is for this reason that governments have decided to be involved, for a fall in industry would lead to a fall in the economy and the welfare of the state. Canada and Australia share the same vision when it comes to sustainability. Both understand that environmental policy is essential to maintain a prosperous nation. There has been a similar vision on the purpose of developing environmental policy. The development is to allow (i) multiple times scales in which the present is considered as well as the near and farther future; (ii) effect on various dimensions of social life where economy, environment, and social equity are viewed as equal; and (iii) diverse social and ecological scales where region and locality are a concern as well as the global nation. 7 All three aspects are to produce an ecologically balanced society, with stable institutions designed to assure equilibrium within tolerances that the natural environment can support. This is much easier said than done. The event of there being total agreement is never achieved and compromising always leads to one or all parties involved to be unsatisfied. In order to satisfy government policy, as well as avoid negative outbreaks by environmental conscience citizens, corporations need to follow the specified guidelines of environmental sustainability. Institutions then need to pay much more attention and effort towards waste elimination and treatment. This costs a substantial amount of money. Two options are to either increase product prices or cut spending on other operations within the process. Increasing prices would allow costs to be covered and avoid in any profit loss experienced by the corporation but high prices could cause for decrease in profit for it causes a decrease in profits by the lower prices This again is a of current competitors. This is the reason why the second option is more favourable. Cutting costs in the operation allows for the same amount to be spent on production and in some instances even less. Most popular method of cutting is within the removal of management layers. By eliminating certain amounts of staff and replacing them with computers and automation manufacturing processes companies can then compete in the world market. 9 This occurs mostly in wealthy nations such as Canada, Australia, England, and the United States. Since poor nations have no strict policies on labour leading to low wage structures, production by corporations within these nations can produce product cheaply and sell at an admirably low price. Since wealthy nations have high labour costs, expensive social programs, and a high degree of foreign investment, in order to compete in the world market they choose to employ less. 11 It seems to be a simple enough tactic but other corporations have been so used to a certain process of production that instead of changing their methods they would rather relocate to poorer nations in which they could keep profits or exceed them tenfold. Globalisation leads to the reallocation of corporations. In less hostile environments, these corporate conglomerates can destroy and manipulate the environment to their pleasing and will not be accused for they supply many jobs in a poor nation that needs income to fuel its economy. This global mobility allows corporations to escape environmental policy. The acceleration of jobless growth in poor nations leads to unemployment, creating pressures that allow economic activity that is destructive as well as it undermines efforts of mitigation, planning, and regulatory enforcement. 2 Environmental policy with absence of enforcement leads to the lack of interest in enforcement. The NAFTA agreement, the elimination of tariffs among trading countries, between the United States, Canada, and the developing Mexico is a good example of how businesses escape strict policy. Because of Mexicoâ⬠s low wage enforcement and anti-union government, environmental policy falls prey to lower standards and enforcement. 13 The nation really does feel opposed to the destruction but if they fail to allow industries to do so they will lose business to global mobility. The problem is does not lie on government passing legislation for policies have been made. The problem lies within the amount of enforcement that is dedicated on ensuring that the policies are practised to the full extent. Not every country has the same view when enforcement of policy is the issue. Some nations are better off than others so it is easier for them to proceed with strict enforcement but Third World countries, in order to compete in the world market, are more lenient because of the need to better establish a prosperous economy. This is a main concern among many because the problem is never fully solved but simply reallocated. This is when international policy becomes a suggested solution. Governments need to strike a common chord with each other when it comes to environmental sustainability. It needs to be seen that if restrictions are present and enforced equally throughout all nations then the concept of conservation will be spread throughout globally. In order for this to succeed a new flow of financing and technology for environmental conservation needs to be achieved. Third World nations would also not feel the pressure to exploit for maximum profit if debts were alleviated and industrial countries initiated programs to provide access to technical assistance, training technology transfer, and planning grants to increase their capacity to manage environmental and energy challenges. 15 Through this method it would allow nations to stand on equal ground and be able to maintain a harmony between nature and industry. This is a fantasy to be achieved for the motive of wealth is always the motivation that leads to the neglecting of policies. The proposal of a world government is an idea that could ensure that a universal policy be followed by all countries and ensure that enforcement be weighted equally among all nations. A world government generates both relief and fear when it boils down to policy making. The relief comes that all nations are treated equally and must follow all laws that have been passed by this supreme institution. Yet, not all nations are equal even though the idea of it sounds appealing. Some nations are better off than others are so it is difficult for everyone to participate fully when some nations can achieve goals easier than others can. The main fear springs from the idea of losing identity and power. A single government representing the world of many different cultures and beliefs is very hard to imagine. Minorities might feel threatened in that they have no legitimate say in the outcomes of producing legislation. This in turn leads to the representation of governments in countries. They would feel threatened in the sense that they truly have no power since the world government would be the one in control of matters of all countries globally. So, what needs to be done is not the production of a world government but an alliance between world organisations and existing governments. Globalisation through this method does not infringe on the power of government but allows for compromise to occur and for then to understand the need for a unified co-operation to maintain the environment and resources for future enjoyment and use. In Australia for instance, the Confederation of Australian Industry and the Australian Conservation Foundation, along side with a number of state governments, agreed to endorse the National Conservation Strategy for Australia in 1986. This promoted the need to save the environment and ecological beauty of Australia for there was a realisation that damage to the environment would lead to damage to the economy. The concern was in tourism. The natural environment is a critically important part of tourism and is increasingly being recognised as such through the term ââ¬Å"Ecotourismâ⬠. 17 Through globalisation and government assistance it is possible to see the importance of conservation which in turn would set precedence for other countries to follow. This was the main intention by the Australian Tourism Industry Association who argued that tourism can and does (i) enhance environmental appreciation by changing peopleâ⬠s attitudes; (ii) act as a justification for environmental conservation; (iii) enhance environmental management for conservation; and (iv) enrich the social and cultural environment of the Australian community. 18 A global government may have a unilateral authority and may think broadly but it can not possibly reach out to everyoneâ⬠s interests in the decision making. Mutual adjustment is the best method to solving the environmental problem by the use of global co-ordination. When this occurs it produces policies and plans that take account many positions that exist. A countryâ⬠s own government needs to be aware of the essential needs of its people and must respond to the concerns of various authorities of energy, roads and highways, land use, city planning, air and rail transport, and industrial policy. 20 These needs then need to co-relate with those needs presented by organisations that stand for the protection of the planets resources and environment. Governments have not lost power but need to re-learn how to distribute their influence. Both the federal and provincial governments, at least in Canada, hold the distribution of authority over environmental policy. The municipal governments still participate even though they have been given no authority over the matter. 21 But the majority of the work is achieved by organisations that press governments for swifter actions towards policy making. In Canada, the Greenpeace group, located in Vancouver and Toronto, had a revenue of 7. 4 million dollars without government or corporal aid from 1987 to 1990. The source of revenue came from concerned individuals within the country who see the needed value of conserving the planet. In response, political parties must address these issues to ensure that the public receives the results that they desire. When the creation of the National Conservation Strategy in Australia took place both the Fraser Liberal government and the Hawke Labour government played an important role in the structure that the policy was comprised of. 23 Through globalisation the world can look upon itself and see that there are better methods of approaching problems. Profit can not constantly exist if there is no planet to work from. The governments see this and pressure each other to abide by a universal understanding that there is a great need for sustainability. Powers are not decreased or removed but simply placed into a different context where instead of the individual gain the overall gain should have more precedence. Both Canada and Australia have set example that industry and environment can exist together and it is the governments duty to ensure that guidelines are set to allow enforcement take place. Globalisation can help environmental policy only if other countries have full understanding of the benefits and participate with means of improvement. The poorer nations need to be guided by the wealthy to prevent any further destruction on the remaining resources that the planet contains. Global understanding and consensus will allow for countries to maintain their distinctiveness but allow for one common trait to exist, a total appreciation of the shared home we call earth.
Sunday, September 15, 2019
Company Law Question Solution Essay
QUESTION Ramrajee Baboo is a young attorney with a Masterââ¬â¢s Degree in Corporate Law, specialising in project financing documentation. Ramrajee has been appointed to the Board of UDECOTT as it moves forward in a new program based on project financing for its new proposed constructions. UDECOTT is a state enterprise and Ramrajee is paid a stipend of $3,000.00 per month. UDECOTT had previously engaged the services of a general commercial law practitioner, Buji Bamee, to provide legal advice at a cost of $50,000.00 per month. Unknown to Ramrajee, the Chairman of the Board in an informal meeting with the Chief Executive Officer of UDECOTT agreed to terminate the contract of the consultant and have Ramrajee vet the project financing documents in her capacity as a director. Ramrajee was never informed of this decision. Two weeks prior to a board meeting, Ramrajee received board papers including certain project financing contracts for discussion at the next board meeting (scheduled to take place two weeks later). Ramrajee perused the papers cursorily and made certain brief notes. At the board meeting the documents were discussed and Ramrajee made certain general observations. The agreements were subsequently executed. It later transpired that the documents were not properly vetted and UDECOTT suffered a 10 million dollar loss. The agreements were not examined by any attorney other than Ramrajee. The government minister responsible for UDECOTT is quite annoyed and would like someone to be held liable. The Chairman said he relied on Ramrajee to vet the documents but Ramrajee has stated that her duty is that of a general review and would have needed detailed legal analysis beyond what is contemplated by her role as a director to uncover the deficiencies in the documents that occurred. Advise the Minister as to the conduct of Ramrajee. ANSWER ISSUE: Did Ramrajee exercise the level of skill required of her as director? LAW: Directorsââ¬â¢ behaviour in office is governed by statutory and common law. Directors hold a fiduciary responsibility to the company for which they work which requires them to properly manage the assets of the company within the powers conferred on them. Under statute, according to section 60(b) of the Companies Act of Trinidad and Tobago, a director shall ââ¬Å"direct the management of the business and the affairs of the companyâ⬠. In effecting this management, he must do so in accordance with section 99(1) of the said Act which states that a director and officer of a company shall in exercising his powers and discharging his duties: a) Act honestly and in good faith with a view to the best interest of the company; and b) Exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. These are all to be done in the best interest of the company. Where directors act in accordance with section 99, they may be indemnified against any liabilities incurred as a result of holding such a position pursuant to section 101. Under common law, the director owes a fiduciary duty to the company, as found in Pardy v Dobbin NFCA 11 (CanII), which ââ¬Å"exacts from directors a strict ethic to act honestly and in good faith in the corporationââ¬â¢s best interestâ⬠. ANALYSIS: As a director of the board, Ramrajee owed a very specific duty of care towards the company. In particular, she was expected to exercise diligence and a level of skill that reflected her qualifications, as found in section 99(1)(b). While Ramrajee was unaware of the informal decision to terminate the consultant who was hired to perform general commercial law activities, the mere fact that Ramrajee was a member of the Board and had specialized skills in project financing documentation means that it would be expected that she use these skills. Moreover, the highly-paid consultant was a general practitioner and did not have this specialized skill. In addition, she was given two weeks to review the documents during which time she could have scrutinized them, but she did not. Her duties under statutory and common law required her to review the documents carefully. She did not exercise the level of care and skill required by her fiduciary position which was not in the best interest of the Company. As she breached section 99 of the Companies Act, as well as her common law fiduciary duties, she should be held liable and will not be indemnified by the company under section 101 for the loss sustained. RECOMMENDATION: Minister, she is in breach of her statutory and common law duties and should be held liable.
Saturday, September 14, 2019
Subculture
Cortland Bolling Branham SOCI 1301 In the article ââ¬Å"Authenticity in the Skateboarding Worldâ⬠, subculture is described as a completely separate culture with its own set of values and norms outside those of the worldââ¬â¢s society. Skaters can be described as one of these subcultures because of their unique values, norms, and sanctions that differ from most sports. Unlike sports such as basketball the norm for skaters is their lack of interest in competition and trying to out due each other.According to Beal and Weidman the skateboarding community follows two central values, participant control and the devaluing of competition; many skaters explain that they chose to skate, and that they choose individually whatââ¬â¢s acceptable. After interviewing more skaters the authors discover that like other cultures they also have their own sanctions. One example is that many of the skaters that are in it to look cool, or to be better than everyone else are looked down upon as n ot being ââ¬Å"real skatersâ⬠, but instead conformist.While sports are a common spot for subcultures, they are not the only place they can be found and in fact most people belong to one. For example I am a member of a Baptist church. While it is true that Baptist are Christians just like Methodist and Catholics, we have our own sub subculture or set of values, norms, and sanctions that somewhat differ from the other Christian churches. In a Baptist church praise and worship is often very loud and up beat while at a Lutheran church they remain quiet unless spoken too and sing old hymns, so being loud would be considered rude and vulgar.
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