Monday, December 30, 2019
The Case of IT Management at Alcan Free Essay Example, 1750 words
In relation to IT Infrastructure the governance style employed was also that of a feudal system where each business unit makes their own decisions in relation to the infrastructure they required to carry out specific areas of its operations. The different operations only shared a few services. However, the accounting infrastructure varied across the different business units and in different locations. In relation to the business application needs, it is much decentralized and fits closely with that of anarchy. According to Robert Ouelette, this has resulted in over 1,000 different applications with over 400 relating to finance. In terms of prioritization and investment decisions, the IT governance system in place was feudalism as in most of the other decision areas. The business representatives for the operating groups decided on the requirements. Each operating group had their own strategic IT plans and so the decisions were made on that basis. Governance is structured in this way at Alcan because there have been many acquisitions and mergers. Each business unit that was acquired or added through merger operated as a separate entity. The advantages of this kind of structure are as follows: The business units are able to make decisions quickly without having to wait on head office. We will write a custom essay sample on The Case of IT Management at Alcan or any topic specifically for you Only $17.96 $11.86/pageorder now This means that implementation is not affected by inefficiencies associated with bureaucracy which is normally associated with centralization. The head of IT is able to pay attention to major aspects of IT decision-making The business representatives of the operating groups understand the needs of their operating groups best. The disadvantages of this structure are as follows: Each business unit does its own thing without any kind of consultation to determine whether there are persons inside the organization. No internal consultations are done and therefore bad decisions are made. Duplication of services and costs as is the case where three separate implementations of SAP was taking place at the same time. Little or no communication between operating groups.
Sunday, December 22, 2019
How Did The Women s Suffrage Movement Change Societies...
Adam Gronowski Mrs. Albanese Writing 3 20 November 2014 How Did the Womenââ¬â¢s Suffrage Movement Change Societies View on Women? Introduction Societies view on women has changed drastically over the past few centuries. During the eighteenth century, women were looked down upon and were treated poorly and unfairly. They had far less rights than men did at the time. They could not vote, could not receive formal schooling and could not hold any political positions. Women were seen as pathetic humans who could not work laborious jobs and were only useful in the house. Slowly, times started to change for the better. Groups of women formed together and fought against the unfairness. These women fought for their rights and for the rights of all women in the country. Their goal was to change the way society treated them and perceived them. So I then wondered, How Did the Womenââ¬â¢s Suffrage Movement Change Societies View on Women? Fighting for equal rights was a tough process that took many years, and over time women received the equal rights that they had longed for. Society now puts women on the same playing field as men and no longer does society treat women like second class citizens. Life Before rights ââ¬Å"[In 16th century European society] Marriage was the triumphal arch through which women, almost without exception, had to pass in order to reach the public eye. And after marriage followed, in theory, the total self-abnegation of the woman.â⬠(Antonia Fraser) UntilShow MoreRelatedThe Struggle For Gain Suffrage884 Words à |à 4 PagesThe struggle to gain suffrage was not easy: anti-suffragists and the gender norms of society constantly interfered, leading to nearly a century-long battle of rights. Unlike preconceived notions about the suffrage movements of the nineteenth century, not all women wanted to obtain suffrage and women s organizations weren t always focused on the right to vote itself, but rather were radical. Change and new leadership were needed to refocus and improve women s suffrage organizations in order toRead MoreDemocratization Of The United States936 Words à |à 4 Pageshave the right to vote? My answer is NO. However, with the development of industrial society and modern technology, the continuous improvement of the degree of rationalization, democratization becomes a non-stop inverse trend. In developed countries democratization process, they always emerge situation repeatedly, along with the democratization of in stability and recession. How to achieve democratization, and how to grasp the path of democratization, have became an unavoidable problem. Take a lookRead MoreThe Breaking Of Barriers By Elisabeth Israels Perry1295 Words à |à 6 PagesThe Americas Dashawn Austin The Breaking of Barriers Women were such central forces in the progressive era and the increase of social cohesion mainly because they were everywhere. They were really dedicated when it came to their jobs, at home, and in their community. Whether them working as domestic workers, in farms, at a factory, or studying at school, women were basically in all areas that required labor intensive skills. They held jobs in manufacturing, offices, classrooms, and stores.WomenRead MoreWomen in the Late 19th Century1210 Words à |à 5 PagesThroughout nineteenth century Europe and leading into the twentieth century, the division and integration of equal rights and liberties towards both genders was a predominant issue. From the 1860ââ¬â¢s and beyond, male suffrage was expanding due to working-class activism and liberal constitutionalism, however women were not included in any political participation and were rejected from many opportunities in the workforce. They were considered second-class citizens, expected to r estrict their sphere of influenceRead MoreCampaign for Womens Suffrage in 1870 Essay examples1216 Words à |à 5 PagesCampaign for Womens Suffrage in 1870 Women in the hundreds of years preceeding the crucial date of 1870 had always faced a life that they would be better of in as men. They had few, if any, rights to the things they owned, even there own children and they could effectively be bought or sold by parents and prospective partners alike. A woman belonged first to her parents then to her husband and was expected to carry out certain duties according to her classRead MoreWomen s Rights Of Women1477 Words à |à 6 Pagescommunity, they had almost not political or legal rights. Women were seen as dependents of men and without any power. They were often thought just props that enhanced the social status of her husband by making him appear as a trustworthy family man to his community. By the 1840s a great amount of people began fighting for womenââ¬â¢s right to be first class citizens. After the fifteenth amendment was passed in 1870 allowing African American men to vote, women felt it excluded them and were disappointed that othersRead MoreDivine Rebellion Anne Hutchinson1362 Words à |à 6 Pagesthe roles of society were decide by gender, menââ¬â¢s role was mostly the same throughout history, but the womenââ¬â¢s role changed slowly over time. There was many women who were fighting to change their roles and one such woman is Anne Marbury Hutchinson. In ââ¬Å"Divine Rebelâ⬠Selma R. Williams tells the story of Ann e Hutchinson, who was a Puritan woman of the late 1500s, and researched informations was hard to find. There was a movement later that was called the Suffrage Movement and the women who were partRead MoreWomen s Suffrage Movement : Elizabeth Cady Stanton1083 Words à |à 5 PagesNineteenth century, women were beginning to become more progressive in their actions. They began to stand up for themselves and fight for their rights. In the late 1850ââ¬â¢s, Elizabeth Cady Stanton was one of the more prominent women to do so. She worked with Susan B. Anthony to deliver a majority of the population the rights that they rightfully deserved. Her actions are important in the United Statesââ¬â¢ History because they helped to encourage women to form the Womenââ¬â¢s Suffrage Movement. Many Scholars haveRead MoreDeeds Not Words. Throughout Wwii, A Strong Independent1373 Words à |à 6 PagesDeeds Not Words Throughout WWII, a strong independent women drew ideas together on equality for females and their involvement in the society they live in to justify and demand suffrage for women who were against the government. With all the social movement meetings Pankhurst attended and the discussions she held, she developed her own views on social injustice which made her become a suffragist. She not only fought for a change, but encouraged women to help men during the war by doing jobs that werenââ¬â¢tRead MoreThree Waves Of Feminism Essay1406 Words à |à 6 PagesWhat is Feminismâ⬠? feminism is a belief where a woman s needs and their contributions are valued. Itââ¬â¢s based on the social, political and economical equality for women. It is also described as a movement. Where women are fighting for their right since evolution. Now, what about the word ââ¬Å"waveâ⬠? The word ââ¬Å"waveâ⬠which categorizes feminism because it illustrates the forward motion- of the women s movements. It helps to understand this movement in by thinking of the motion of an actual wave (in towards
Saturday, December 14, 2019
A Victims Deliberate Use of Deadly Force Free Essays
Domestic violence causes far more pain than the visible marks of bruises and scars. It is devastating to be abused by someone that you love and think loves you in return. My resolution that I will be debating is ââ¬Å"A Victims Deliberate Use of Deadly Force is a Just Response to Repeated Domestic Violenceâ⬠. We will write a custom essay sample on A Victims Deliberate Use of Deadly Force or any similar topic only for you Order Now Domestic Violence is a pattern of behavior which involves the abuse by one partner against another in an intimate relationship such as marriage, cohabitation, dating or within the family. I value the life of both parties including the person who is committing the act of domestic violence. The victim of domestic violence isnââ¬â¢t justified in using deadly force unless the person is committing an act of domestic violence on the victim right that moment. That statement brings me to my first contention, the life of each person involved in a domestic violence dispute are both important. If you are the victim of repeated domestic violence you shouldnââ¬â¢t use deadly force unless itââ¬â¢s in self defense. Read this ââ¬Å"The Secrets of Haitiââ¬â¢s Living Deadâ⬠Murder in the first degree is any murder that is willful and premeditated and by killing the man or woman that committed the act of domestic violence you are indeed going to prison to be put on death row. Jodi Arias a young woman killed her boyfriend Travis Alexander and lied about it for two years in 2008. Then in 2010 she confessed to killing her boyfriend in self defense by shooting him once and stabbing him 27 times. Arias say Alexander attacked her, but police say she planned the attack in a jealous rage. Jodi said that that Travis often had violent outburst that resulted in domestic violence. My second contention How to cite A Victims Deliberate Use of Deadly Force, Papers A Victims Deliberate Use of Deadly Force Free Essays Domestic violence causes far more pain than the visible marks of bruises and scars. It is devastating to be abused by someone that you love and think loves you in return. My resolution that I will be debating is ââ¬Å"A Victims Deliberate Use of Deadly Force is a Just Response to Repeated Domestic Violenceâ⬠. We will write a custom essay sample on A Victims Deliberate Use of Deadly Force or any similar topic only for you Order Now Domestic Violence is a pattern of behavior which involves the abuse by one partner against another in an intimate relationship such as marriage, cohabitation, dating or within the family. I value the life of both parties including the person who is committing the act of domestic violence. The victim of domestic violence isnââ¬â¢t justified in using deadly force unless the person is committing an act of domestic violence on the victim right that moment. That statement brings me to my first contention, the life of each person involved in a domestic violence dispute are both important. If you are the victim of repeated domestic violence you shouldnââ¬â¢t use deadly force unless itââ¬â¢s in self defense. Murder in the first degree is any murder that is willful and premeditated and by killing the man or woman that committed the act of domestic violence you are indeed going to prison to be put on death row. Jodi Arias a young woman killed her boyfriend Travis Alexander and lied about it for two years in 2008. Then in 2010 she confessed to killing her boyfriend in self defense by shooting him once and stabbing him 27 times. Arias say Alexander attacked her, but police say she planned the attack in a jealous rage. Jodi said that that Travis often had violent outburst that resulted in domestic violence. My second contention How to cite A Victims Deliberate Use of Deadly Force, Essay examples
Friday, December 6, 2019
The Danger of Being a Follower free essay sample
Follower When I was Just eleven years old, my life was changed by something that seemed very innocent, a clique. In Patricia and Peter Alders Peer Power they explain what a clique Is, the different types, how they operate, and Influence people. In Peer Power, there Is a chapter called Clique Dynamics and School Children, and It explains the many different areas how a clique can be psychologically damaging to a person. My own story is extremely similar to the examples used in explaining subjugation in Adler and Idlers Clique Dynamics and School Children.When I entered middle school in Boise, Idaho I was so nervous. I met a lot of people, but one of them stood out to me, Tannins. She quickly became my best friend. We had the same style, and same taste in music. Both of us came from bad homes, so that was something to bond over too. Her situation was a lot worse than mine because both of her parents had been in and out of prison since she was three. Her grandma was well off, so things were not too bad. We became each others support system, and we were partners In crime. The whole school year was filled with many sleepovers and vacations.We would share clothes, go shopping, get our hall done together, and go see movies. Our days were also filled with trips to the spa, running around neighborhoods, and going to parties. We were best friends. The year came to a close and the seventh grade was quickly approaching. Her grandma had won a lot of money gambling, and so she offered to take Tannins and I on a cruise. My mom was very excited for me, but when my dad heard, he was less than thrilled about it, so I wasnt able to go. Tannins and I were both very upset that I couldnt go on the cruise with her, but we made the best of the summer we had left together.When Tannins got back from the cruise, school had been in session for two weeks. I was so excited to see her, so I ran up to her and gave her a hug. She then looked at me with disgust and told me that she had new and better friends so she did not want me to talk to her again. She also said that she could not explain anything else because If they saw her with me, they would kick her out of the group. I had no Idea what I did wrong, but I was very upset. I tried to talk to her later In the day, but her new friends kept making fun of me. They would call me names and go out of their way to harass me in he hallways and at lunch.They would call me a loser and accuse me of stalking Tannins. The dynamic of picking on others outside of the group is similar to what Adler and Adler define as subjugation. In Alders Peer Power, they explain the different tactics of out-group subjugation. They like to pick on people of lower status, it tends to excite them (Adler and Adler 179). Adler and Adler explain, One of the main things is to keep picking on unpopular kids because its fun to dc (Quoted in Adler and Adler 180). The worst part was that Tannins went along with all of it. I was o upset that my once best friend thought that I was annoying.The bullying got a lot worse, and so did my home life. I would come home from school every day, and beg my mom to let me move to my dads house In La Grandee, Oregon. She was not very willing to let me move to a different state. Tannings new friends decided that they would play a prank on me, so they asked Tannins who I had a crush on. She play a trick on me. The group had him ask me out as a Joke, then break up with me and call me names. So he did. My experience is very similar to an observation in Adler and Idlers Peer Power. There were children quoted in Peer Power that showed the same behavior that Tannings friends did. We knew what bugged them, so we could use it against them. And we Just did it to pester me, aggravate me, make us feel better about ourselves (Adler and Adler, 183). Tannings new friends were making my life miserable. I had never been a part of the popular clique, but they were still bullying me and targeting me to make me miserable. I quickly became more depressed. Everyday they would tell me that I was worthless and that I should kill myself. They would call me fat, ugly, and a ghost because of how pale I was. I started acting out more at home.I would steal prescription pain meds from my friends moms, steal money, and go tanning often. I started wearing a lot more make-up, and I was drinking alcohol every night. By age twelve, I became an addict and developed an eating disorder. I began cutting not far into the year. My friends were very concerned about me during the whole process. I refused to tell anyone about the bullying because I didnt want to make it worse. I was afraid that they would resort to violence, very similar to Adler and Idlers study. Adler and Adler interviewed a young person hat explained how they bullied others, and they used similar tactics to my bullies. They know if they tell on you, then youll beat them up, and so they wont tell on you, they Just kind of take it in, walk away (Adler and Adler, 181). Yet everyday, a different member of the popular crowd would slip notes into my locker saying things like muff should Just kill yourself because you are a worthless piece of sit, Die you dumb count, and No one really loves you anyway, the world would be a better place without you in it. After months of all of the notes and public humiliation, I started to believe very one of the degrading comments, and I tried to take my own life.I was, obviously, unsuccessful in this horrific act. I came back to school after a couple weeks and, of course, everyone had heard what I tried to do. The day I came back was when the harassment stopped, at least from the popular clique. But the rumors were worse than ever that day from everyone but my biggest enemies and everyone wanted to talk to meeven Tannins. She came up to me after school. I had to stay late to get the extra homework I had missed, so she waited. I was getting books out of my locker and she came to my side. I remember I was looking at the floor, and the first thing I saw was her shoes.I had given them to her. The last thing I wanted to do was look up at her, but I did anyway. To my surprise, her eyes were filled with tears, and it looked as though she had been crying the whole day. She started hysterically sobbing in her hands while she stood there for a couple minutes. I hated the monster she had become, but I took her in my arms and let her cry on me. Tannins calmed down after I gave her a little time to cry. She told me how sorry she was for everything and how much she hated herself for becoming a part of their group and being so mean.I Just stood there, unsure of what to say. She continued saying that one of the popular girls, Kelsey, was on the same cruise she was, and Kelsey had convinced her to Join the popular group. Tannins said that Kelsey was so nice at first, and very sweet. But things changed over the month-long cruise, and the leader of the popular had become anything but sweet. Tannins could not escape. She too, was a victim of their talk to Cheyenne again; because if you do we wont talk to you anymore. and muff should feel lucky that we accepted someone so ugly and poor into our friend group.Tannins felt obligated to go along with everything because the popular were the only friends she had. As soon as she started being mean to me, all of our other friends started rejecting her. The other followers in the popular group felt bad for her, she had gotten herself into a difficult spot but there was nothing they could do. In Adler and Alders study, clique members had similar feelings about other clique members, as they felt for Tannins. Clique members thus went along with picking on their friends, even though they knew it hurt, because they were afraid (CTD. N Adler ND Adler 184). They became accustomed to living within a social world where the power dynamics could be hurtful, and accepted it (Adler and Adler, 183). It was very strange to hear Tannins apologize after such a long time. The experience was terribly awkward for me, but I stood there and listened to her tell me how sorry she was. When she was finished, she asked me to say something. All that I could do was look at her and tell her that, in time, I would forgive her. But we would never be good friends again. She was very grateful for my response, asked if she could hug me, and feet.Tannins was no longer friends with the popular after what had happened. She always blamed herself for everything, but even she was a victim in the end. The clique members bullied her from them inside of the group, not Just people outside of the group. I felt bad for the way Tannings new friends treated her. After my seventh grade year was over, my mom was not able to handle all of the chaos I had created around me. She had a baby in the house, and did not want him to be around the new lifestyle I had made for myself. She let me move to my dads in La Grandee, Oregon ND that is one decision I am extremely grateful for.
Friday, November 29, 2019
Ethan Frome Essays (585 words) - Ethan Frome, Children Of Passions
Ethan Frome Ethan Frome, the main character in the book entitled Ethan Frome, by Edith Wharton, has many complex problems going on at the same time. His family has died and he has a wife that is continually sick, and the only form of happiness he has is from his wife's cousin Mattie. This, however, at times, proves to be hard because of his wife's interference. Nothing seems to be going in Ethan's favor. The main theme of the book is failure, and this is shown through marrying his wife, not being able to stand up to his wife, and his involvement concerning the "smash up." The first way failure is shown in the book is through the marriage of Ethan and his wife. He married her because she had tried to help his mother recover from an illness and once his mother died he could not bear the thought of being alone. His wife was seven years his senior and always seemed to have some kind of illness. It seemed that all she ever did was complain, and he resented this because it stifled his growing soul. Since his wife was continuously ill, and her cousin needed a place to stay, they took her in to help around the house. Ethan took an immediate liking to her cousin, Mattie, because she brought a bright light upon his dismal day. He seemed to have found someone that cared for him, was always happy, and could share his youth, unlike his sickly wife who always nagged him. He longed to be with Mattie, however he had to be loyal to his wife. Being married to the wrong person proved to be Ethan's first failure. Ethan's second failure was not being able to stand up for himself against his wife. Zeena claimed that a new doctor said that she was extremely sick, and needed more help around the house. She told him, without any discussion, that Mattie had to go. Ethan could not find the words to make her alter her decision. His wife also decided that Mattie had to leave the next day itself and Ethan could not do anything about it. " Now she [his wife] had mastered him [Ethan]...." provides proof of this. Ethan just could not find the right things to say and it was because of not being able to stand up to his wife that he was going to lose the only thing that made him happy, Mattie. Ethan's last failure was the way he modified his and Mattie's lives regarding the "smash up." He so desperately wanted to run away with Mattie, but he could not because his practical sense told him it was not feasible to do so. Mattie wanted so desperately to be with Ethan, that she suggested in order to stay together forever was to die together. It was Ethan's job to steer the sled into the tree, so that it looked like an accidental death instead of suicide. Instead of hitting the tree head on, he swerved and it did not kill either of them. Instead, it just injured them, and these injuries stayed with them forever. In this way Ethan had his last failure in not exceeding to die with his love, instead he had to live with the guilt from his wife, the injured Mattie, and broken dreams. In these three way of marrying the wrong person, not being able to stand up to his wife, and incidents that come from the smash up, proves that the main theme of the book is failure. It appeared that everything Ethan tried to do worked against his favor. With all the incidents that happened, it seemed inevitable that his life would always be a string of failure.
Monday, November 25, 2019
The concept ââ¬ÅLifting the veil of incorporationââ¬Â essay
The concept ââ¬Å"Lifting the veil of incorporationâ⬠essay The concept ââ¬Å"Lifting the veil of incorporationâ⬠essay The concept ââ¬Å"Lifting the veil of incorporationâ⬠essayBy using real life examples, discuss and explain why the concept of à «Lifting the Veil of Incorporationà » is of imperative importance.Legal entity is separate, independent from its founders (the ability to own property, enter into commitments and act as a plaintiff, defendant in court). Immanent feature of independent nature of the legal entity defines limited liability of its founders: they are not liable for the obligations of a legal entity (ie, under the veil). Development and complication of civil law led to the need of development of a list of exceptions to this principle, mainly to counteract the abuse of law. This doctrine is known as the doctrine of lifting the veil of incorporation or piercing the veil of incorporation and is present in the corporate law of many countries, including France, Germany, the UK and the USA. English law is one of the most developed in this sphere. Basic principles of the indepen dence of the legal person were laid at the end of 19th century and since then they have been constantly actively developed and refined.In the UK, the concept of joint stock company, which is separate from its shareholders, was first introduced to the law by the Act of 1844 (Maltby 1998). Companies received limited liability later in 1855 (Cameron 2013). In 1862, there was adopted the first Companies Act (Pulbrook 1865), which has become a progenitor of Companies Act of 2006 (The National Archives 2007).Under the current law, companies are separate legal entities, and the responsibility of their participants may be limited (Bishop , Kleinberger 2008). That means that the company is not liable for the obligations of its members and directors, and members, as well as director ââ¬â for the obligations of a limited liability company.There are few legislative exceptions to this rule. Thus, the insolvency law provides certain cases, when the director of the company or other responsibl e person may be compelled by a court to contribute to the assets of the company as a punishment for his illegal actions (Wormser 2001). In addition to regulations, rules established by case law are an important part of English law.à Content and origin of the doctrineThe doctrine of lifting the veil of incorporation admits the fundamental possibility of imposing liability for companys obligations to its controlling person. There can be an opposite situation, when the penalty for a person or entity is drawn to the assets the company under control. Sometimes shareholder himself requires piercing the veil of incorporation. This usually it concerns not obligations, but the rights of company, which shareholder wishes to have.Lifting the veil, in fact, means that for the purposes of the dispute (and only for this purpose), the Court acknowledges that the company is not separate entity from the controlling person, and attributes obligations and (or) rights of company to this person (Macmi llan 2000). However, lifting the veil is allowed only in certain exceptional circumstances, which are discussed below.Perhaps for the first time at a high judicial level the issue of removing the corporate veil was discussed in 1897 in the classical case of Salomon v A. Salomon Co Ltd from (Vast Blue Sky 2011). Majority owned 20001 share of the company, and his wife and children owed six more (under the law of time, company had to have at least seven shareholders). Despite the fact that the majority shareholder was in full control of the company (shoe factory), which later went bankrupt, the House of Lords, acting as a court of last resort, refused liquidator to entrust the shareholder liable for the debts of the company. The court took quite a formalistic position, stating that all the requirements of the law regarding the establishment of a limited liability company had been met, and the court had no right to add any additional requirements (Mann 2012).Present state of the issueS peaking about more modern precedents, we should remember the case of DHN Food Distributors v. Tower Hamlets London Borough Council (Kershaw 2002) in 1976. It was quite unusual in the sense that it controlling person of the company demanded lifting the veil. The parent company wanted to take the place of its sub-company. In this case, a piece of land in London was a subject for the compulsory buy for public needs. The land was formally owned by the company, which was part of DHN group holding company that owned grocery stores. Warehouse of DHN store was just on that land, and, by agreement with the sub-company, DHN had a right of perpetual lease. Its withdrawal led to the cessation of DHN business, and it could claim for damages if it owned the land. DHN applied to the court for lifting the veil of incorporation, referring to the fact that it completely controlled its sub-company. Namely, (1) it participated in the capital of the sub-company of 100%, (2) the directors of both compan ies were the same people, and (3) sub-company was used exclusively for holding land and did not conduct any independent activity. The Court agreed with the arguments of the plaintiff and the lifted the veil, allowing DHN receive compensation for withdrawal of the land instead of its sub-company (Dine 2005).Woolfson v Strathclyde Regional Council from 1978 was a very similar case, which ended with an opposite result (Talbot 2008). Commercial property in Glasgow, where there was a wedding dress shop, was forcibly bought for public use (highway construction). Since the case took place in Scotland, the trial courts were not British but Scottish, and the House of Lords became final authority. If the court recognized that the property belonged to the same person, leading retail business, that person would receive additional compensation for the deprivation of business. However, the plaintiff, who really controlled the whole business, organized asset ownership in a too complicated way. His share in the company, which owned real estate was 50%, while the share in the company leading business 99.9% (the remaining shares were owned by the wife of the plaintiff). Those circumstances did not allow the courts, following the logic of DHN case (it was not formal precedent for the courts of Scotland), pronounce judgment for plaintiff (Talbot 2008).In the important case of Adams v Cape Industries in 1990 (Thompson 1991), the Appeals Court considered the issue of lifting the veil of incorporation for jurisdictional purposes, ie for the purpose of determining the competent court. British company sold asbestos in the United States (before 1970) through its affiliated corporations in the United States. Subsequently, the workers of American factory sued a number of defendants including the British company for damages caused to the health of the plaintiffs when working with asbestos. Lawsuit for millions of dollars was satisfied by Texas court. However, the English court refused to enforce the decision of the American court, finding that the British company, which is not active in the USA, does not fall under the jurisdiction of the US court. And the reasons for lifting the veil (ie to make British company responsible for the obligations of American sub-company) were absent, because the affiliate in the United States was not a facade of the British company.In the same case, there was discussed the possibility of prosecution parent company to the liability for the obligations of its subsidiary on several other grounds, when the subsidiary is recognized as an agent of the parent company. Indeed, parent company is responsible for transactions made in his interest by the agent. However, you must prove the actual existence of the agency relationship, which, according to the Court, in this case has not been made. Control of one company over another does not mean the presence of the agency relationship between them. The court in this case distinguishes lifting the v eil of incorporation and imposing responsibility for subsidiary. In the latter case there is no need of deprivation status of a separate legal entity, ie the corporate veil remains in place.The present state of the doctrine of lifting the veil in England can be found in pretty exotic case of the High Court of England and Wales Hashem v Shayif in 2008 (Bainbridge 2010). It was between a citizen of Saudi Arabia and one of his wives under sharia law about real estate in England. Although the dispute relates generally to family law, it also touches issues of corporate law. The family property legally belonged to a legal entity a company in Jersey. The question was whether the wife after divorce could take that property, as if it belonged to her husband directly. The court eventually found that she could not. The main role was played by the fact that her husband owned only 30% stake in the company, and 70% were issued for his children (Mann 2012).This case describes in detail the ground s for applying the doctrine of lifting the veil of incorporation. Judge James Manby formulated the following items of the case law applicable to this case (Bainbridge 2010).Ownership and control are not sufficient criteria to remove the corporate veil.The Court can not remove the corporate veil only because it is in the interests of justice.Corporate veil can be removed only if there is impropriety.Impropriety itself is not enough. It should be associated with the use of the corporate structure to avoid or conceal liability.In order to remove the corporate veil, it is necessary to prove the presence of control, and the presence of impropriety, that is, the use of the company as a facade to hide violation of law (Gevurtz 2006).The problem of transition contractual obligationsDoctrine of lifting the veil received further development in the case Antonio Gramsci v Stepanovs (2011) (Nyombi 2014). The principle of lifting the veil of incorporation is often used for transition tort liabili ty from the company to its owner. In those cases there was an issue of transferring contractual obligations the same way. English courts have traditionally carefully treated the principle of privity of contract, according to which no one other than the parties of the contract have rights or obligations under this contract. Can a private nature of the contract be removed together with corporate veil? The courts in these two cases gave the opposite answers to this question, and ultimately it had to be addressed in the UK highest court (Nyombi 2014).The essence Antonio Gramsci v Stepanovs is the following. Latvian businessman S., being one of the directors of the Latvian Shipping Company leased the ships of his company through an offshore company, which was controlled by him and other directors of the shipping company. The offshore company accumulated profit. Subsequently, the Latvian Shipping Company initiated a lawsuit to recover lost profit. Freight agreement between shipowners and offshore companies contained prorogation clause that disputes had to be considered by the courts of England. The plaintiff appealed to the High Court to apply the doctrine of lifting corporate veil and bring to justice not only offshore companies, but also the entrepreneur based on solidarity.Judge Michael Burton determined that the removal of the corporate veil provides an opportunity to recognize an individual responsible for contractual obligations of the company he controlled. As a result, the judge found that the Latvian businessman is a party of contract signed by offshore company. The court found it possible to consider a claim for the entrepreneur, though he didnââ¬â¢t sign prorogation agreement (Palmiter 2006).Criminal legal contextAbove we discussed the principle of lifting the veil of incorporation only in the context of civil proceedings. Criminal cases have their own specifics. In the case of R v Seager (Bishop à Kleinberger 2012) (2009) the dispute was about whet her to consider the entire income of the company illegal and subject to confiscation income of its director, if the latter ran the company in spite of an injunction. Judge of Appellate Court Richard Aikens formulated the following specifics.In the context of criminal cases, courts have identified at least three situations when the corporate veil can be lifted. First, if the offender is trying to hide behind the corporate facade, or a veil to hide his crime and benefits from it. Secondly, if the offender commits an act on behalf of the company, which constitutes criminal offenses leading to his conviction. Third, if the transaction or commercial structures are device, cloak or sham, ie it an attempt to disguise the true nature of the transaction or structure to defraud third parties or the courts (Kershaw 2002).ConclusionDevelopment of civil law led to development of a list of exceptions to the principle that legal entity is separate and independent from its founders. This doctrine i s called lifting the veil of incorporation. It is present in the corporate law of many countries, including the UK, the USA, France, and Germany. English law is one of the most developed in this sphere. Basic principles of the independence of the legal person were laid at the end of 19th century and since then they have been constantly actively developed and refined.In the paper, we considered real life examples from the history of law and the cases of recent past. They show that the concept of à «lifting the veil of incorporationà » is of imperative importance. And it is used not only in civil law, but can have criminal legal context too.
Thursday, November 21, 2019
Comparison and Contrast on American Funeral and Wedding Essay - 1
Comparison and Contrast on American Funeral and Wedding - Essay Example This paper illustrates that there are no joyous celebrations on the day of the funeral and the much diversity of color that characterizes a wedding day is usually replaced by black as the most dominantly conspicuous color. The American way of celebrating both life and death does not differ much with the way it is done by other societies. To offer an insight into the American culture in terms of funeral and wedding celebrations, two authors in their literary works cover this in an elaborate way. Rebecca Mead in her book, One perfect day, gives an introspective insight into the American societyââ¬â¢s wedding. On the other hand, Jessica Mitford also gives an in-depth analysis of the American societyââ¬â¢s funeral in her book The American way of Death. In this study, American weddings are discussed first. Nature dictates that weddings are done before funerals. In the book about American weddings, Rebecca gives an interesting and formal perspective to weddings as a one-day celebrati on which has implications on the lives of those involved. America consists of all the three economic classes; the poor, the middle class, and the rich. It should be noted that all the classes have their way of doing things. The way in which one decides to celebrate his or her wedding is largely decided upon by the economic class of the individual. Celebrities give more attention to style and publicity in their weddings. Their weddings are characterized by media and paparazzi coverage. They invite personalities who are of significance taking into account the fact that the prominence of the people in the guest list plays a role in determining the attention the wedding gets. This is a fact that in their case is of more importance than the essence of the wedding itself. Most celebrities fall into the rich and popular category; the way they do their celebrations is replicated all over the upper class of the American society. Business people, in their weddings, invite the rich and powerfu l in the business world and in so doing, they build and strengthen their business contacts. à To most of them, such social gatherings are an extension of business and christened, ââ¬Ëââ¬Ëbusiness in the lawn.ââ¬â¢Ã¢â¬â¢
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