Friday, May 15, 2020
Analysis Of Bram Stoker s Dracula - 1448 Words
Dracula is a widely known novel written by Bram Stoker in 1897. It is popular worldwide for its intense love story and backstory of the infamous Count Dracula. Stoker was born in Dublin, Ireland in 1847. As a child, he was very ill, so in an attempt to entertain himself, he read several books and listened to the horror stories his mother told him. In turn, Stoker became interested in ghost stories and began writing them. Gothic fiction was a genre that was extremely popular during this time period, and Dracula is a wonderful example of this type of literature. Bram Stokerââ¬â¢s Dracula has all of the classic elements of a Gothic novel. Stoker incorporates these elements beautifully through the use of a variety of rhetorical devices, including symbolism, theme, tone, and setting. Dracula explores the tale of a powerful vampireââ¬â¢s attempt to move to England and the battle between him and a small group of men and women led by Professor Abraham van Helsing. This dispute ultimately leads to Draculaââ¬â¢s defeat and death. There are a lot of symbols in Dracula that tie into the actual themes of the story. One example is the symbol of blood. Obviously, blood is significant in a vampire story, but the amount of references of blood in this novel is extraordinary. Reinfold is the only character to explain this in Chapter 18, page 16: ââ¬Å"I tried to kill him for the purpose of strengthening my vital powers by the assimilation with my own body of his life through the medium of his blood - relying,Show MoreRelatedAn Analysis Of Bram Stoker s Dracula 1330 Words à |à 6 Pages Bram Stoker in Dracula imagines a ââ¬Å"proper womenâ⬠by demonizing Lucy ascribing to her traits of a wanton woman; a whore of a demon. A misogynistic attitude is popular in a patriarchal society, especially in the middle of the nineteenth century. On the other hand, Stoker unconsciously ties Minaââ¬â¢s behavior to emulate a woman of propriety. She is the very bane of what a progressive woman looks like but not when looking at her through a gynocritics lens. To prepare the reader for the ideology of theRead MoreLiterary Analysis : Bram Stoker s Dracula1285 Words à |à 6 Pagesfamiliar, further explaining that the ââ¬Å"uncanny effect is produced by effacing the distinction between imagination and reality.â⬠(Freud pg.396) Bram Stoker s, Dracula, captures the thematic zeitgeist of gothic Europe; the repression and trappings of a rigid and formal society masking the carnal and base desires of the population at large. Freud s analysis of the uncanny, of attraction mixed with disgust, lays bare the underlying sentiment of stokerââ¬â¢s narrative; emphasizing on purity and virtue byRead MoreAnalysis Of Bram Stoker s Dracula 1997 Words à |à 8 PagesBram Stokerââ¬â¢s Dracula was written in 1897. This was a time that the Victorian era and its values were changing and meeting their ends. The male-dominant world was evolving to an equal opportunity society. This meant women were no longer oppressed and limited socially, educationally, economically, or even sexually. The end of the Victorian era also called for growth in technology and medicines. Old ideas were diminishing while new ideas of the world were flourishing. Whether it be the pro femininityRead MoreAnalysis Of Walt Whitman s Dracula And Bram Stoker s `` Dracula ``1886 Words à |à 8 Pagesestablished an impact worldwide. Writers such as Oscar Wilde and Bram Stoker, two Irishmen that know of Whitmanââ¬â¢s writings through the poetââ¬â¢s popularity growing up as children and young adults, had become advocates of the controversial topics Whitman wrote about. Wilde and Stokerââ¬â¢s writing styles differ from Whitmanââ¬â¢s: Wilde is known for his involve ment with the Aestheticism movement and Stoker for his classic horror novel, Dracula. Both men have personally met Whitman on multiple occasions in hisRead MoreSexuality In Bram Stokers Dracula1082 Words à |à 5 PagesSexuality in Bram Stoker s DraculaBram Stoker s Dracula, favorably received by critics upon publication in 1897, entertained its Victorian audience with unspeakable horrors such as vampires invading bedrooms to prey on beautiful maidens under the guise of night. The novel s eroticism proved even more unspeakable. Received in the era of repression, it remains questionable whether Dracula s readership perceived the sexuality flowing from the page. An advocate for the censorship of sexual materialRead MoreFilm Adaptation Of Bram Stoker s Dracula1320 Words à |à 6 PagesBram Stokerââ¬â¢s frightening tale of Count Dracula has struck horror into the hearts of many since it was originally penned. In 1987, Bram Stoker wrote the revolutionary tale Dracula that played off the fears of the people of the era. The plot and characters that make the novel great also translate nearly perfectly to cinematic adaptations. Starting in the early 1900ââ¬â¢s, directors have done their best to portray the terror that the original novel inspired. Francis Ford Coppolaââ¬â¢s Bram Stokerââ¬â¢s DraculaRead MoreOral Dracula from a Reader and Femminist Perspective1443 Words à |à 6 PagesBram Stokers Dracula an oral presentation Good Morning/Afternoon Today I will review Bram stokers 1897 novel Dracula, the approaches I will be using to reviewing the novel include the world centred approach, and the reader response approach exploring the themes of reader positioning and the authors intented reading and reader, then focusing on the world centred approach of the feministtheory. reader centred -attention on the reader -different readers from different social, cultural, religiousRead MoreBram Strokers Dracula: The Man Behind the Count Essay794 Words à |à 4 PagesBram Stokerââ¬â¢s Dracula is a story of horror, suspense, and repulsion. The main antagonist, Count Dracula, is depicted as an evil, repulsive creature that ends and perverts life to keep himself alive and youthful. To most onlookers that may be the case, but most people fail to see one crucial element to this character. Dracula is a character that, though it may be long gone, was once human, and thus has many human emotions and motives still within him. Let us delve into these emotions of a historicallyRead More Intertextual Exchange in Carmilla, Dracula and the Historian1639 Words à |à 7 Pagesââ¬Å"Writers seldom duplicate their influential precursor(s); rather, they often work within a certain framework established by other writers or generic conventions, but vary aspects of it in significant waysâ⬠(Friedman 155). Sh eridan Le Fanuââ¬â¢s, Carmilla, Bram Stokerââ¬â¢s, Dracula and Elizabeth Kostovaââ¬â¢s, The Historian, clearly engage in this intertextual exchange, as evidenced by their use of narrative structure and striking character parallels. Published in 1872, Le Fanu relates the story of CarmillaRead MoreA Common Concern Throughout The Victorian Era2100 Words à |à 9 Pagesconformed to these roles and followed the gender expectations of their society. Bram Stoker s Dracula describes a post dated European setting in which most women are subject to explicit gender roles and stereotypes. The norm in this society is for women to be modest, prim and proper. However, the novel narrates the possibilities of a situation in which women don t conform and thus are scrutinized. Bram Stoker s purpose in Dracula is to express the threat faced by men when encountering women who are in
Wednesday, May 6, 2020
Reflective Account Essays - 2198 Words
The theme of this reflective account is engaging children in participation, and enabling children to have a voice. The Every child matters documentation (Department for Education 2010) focuses on the important role of the adult in enabling children to make decisions and encouraging them to participate and make a positive contribution. As a result through this account, how children in my setting are encouraged to participate in the outdoor play space will be explored. A small piece of research was carried out which will be reflected on, as will theory relating to children making a positive contribution in the early years. The reason I chose to carry out my research on the outdoors area is that outdoors is very popular in my setting,â⬠¦show more contentâ⬠¦To enable the childrenââ¬â¢s voices to be heard, I explored various tools to engage the children from the Mosaic approach (Clark amp; Moss 2001). I disregarded using questionnaires as the children were unable to read and write so this would have been inappropriate. I disregarded role play as I didnââ¬â¢t feel I would get the responses I needed as directly, and I decided not to use tours as not all the children were confident communicators and they may have found this difficult. I wanted to be as inclusive as possible and ensure the technique was age and development appropriate. Therefore I chose to gather documentation by enabling the children to use cameras to take photos outdoors of what they liked and didnââ¬â¢t like. To ensure confidentiality of the photos taken I kept them in my private locked filing cabinet that only myself and my manager had access to. As my research required the childrenââ¬â¢s perceptions this technique ensured it was child led as were the later discussion where we came together in a quiet area to talk about why they took their particular images. This discussion enabled me to interpret what they were trying to say to me through the photos. As we looked at the photos it prompted their memory of why they had taken the picture. It was an interactive way to engage the children, and by the children taking their own photos helped lead theShow MoreRelatedReflective Account of ....10187 Words à |à 41 PagesApart from that I can analyze to my knowledge, skills and practice as regards in infection control and can displays the credibility of medical personnel in implementing the tasks entrust by MOH. Reflective account is selected option for exploration of this dissertation. In my opinion with reflective account I can find the strength and weaknesses of this problem which may be critical to reflect the situation at that time. The effect of this reflection will provide a change in practice to apply variousRead MoreREFLECTIVE ACCOUNT4916 Words à |à 20 Pages REFLECTIVE ACCOUNT. Unit 1- 1.1, 1.2-This is a reflective account of the things I have done, experience and knowledge I have gained throughout the assessor s course mainly during the process of assessment. First, I would like to describe the definition of assessment, its key concepts, stages to show the knowledge and understanding I have gained throughout the courseRead MoreReflective Account.3366 Words à |à 14 PagesINTRODUCTION For this assignment I will be writing a reflective account which will identify a significant episode of care in which I had been involved with, by identifying the pathophysiology and the disease process for the chosen patient; this will be presented by giving a brief outline of the psychosocial influences of the illness for the patient and others who may have been involved with the care. I will also reflect upon this episode by using a reflective model and examining the nursing process, usingRead MoreReflective Account2596 Words à |à 11 PagesREFLECTIVE ACCOUNT UNIT 6 ROLE OF A HEALTH AND SOCIAL CARE WORKER AT 7.15AM I CLOCK IN AND TAKE MY COAT AND BAG OFF AND LOCK THEM IN MY LOCKER SO I AM READY TO START MY SHIFT STRAIGHT AWAY, EVEN THOUGH I SOMETIMES SOCIALISE WITH SOME OF THE STAFF I WORK WITH I ENSURE I AM IN THE RIGHT FRAME OF MIND TO WORD PROFFESIONALLY WITH THEM AND NOT PERSONALLY SO THAT WE ARE ABLE TO WORK AS PART OF A TEAM AND ARE ABLE TO DO THE JOBS THAT WE ARE EMPLOYED TO DO, THEN I WILL WALK INTO THE DINING ROOMRead MoreReflective Account Proforma1988 Words à |à 8 PagesReflective account Subject title TDA 3.4 LO 5 AC 5.1 5.2 Reflective account support children with behavioural needs Complete a reflective account showing your own practice where you have done the following Demonstrate ways of supporting children and young people to review their behaviour and the impact of this on others, themselves and their environment. Include evidence of your actual practice using the past tense | When children fall out and say mean things to each other I alwaysRead MoreReflective Account Essay1420 Words à |à 6 PagesReflective Account Moving handling One day I was ask to transfer Mrs X from bed into wheelchair. Mrs X is paralised so to transfer her a full body hoist is needed. I had to call for help, it wouldnââ¬â¢t be safe to do this by myself. So while I was waiting for the other carer to arrive I have explained to Mrs X what and how we are going to do it. I have also cheked the hoist and battery if its fully charged and operational. I put right size sling on Mrs X with her cooperation. I carefullyRead MoreReflective Account. for Communication1382 Words à |à 6 PagesReflective Account On an occasion at work I was aware of a staff member communicating very negatively, for example sighing and tutting and general negativity. Supervision was due so it was brought into meeting that last had concerned had noticed a change in the personââ¬â¢s general attitude, I asked if there was a specific reason and was told there was not. Although they agreed that they were being negative. We discussed the workload and it was decided it was not that. It was mentioned by the staffRead MoreReflective Account - nursing2646 Words à |à 11 PagesRETURN TO NURSING PRACTICE REFLECTIVE LOG MODULE LEADER: STUDENT NUMBER: 1 INTRODUCTION This essay demonstrates the significant learning that resulted as a consequence of using critical reflection on my practice. The reflective process helped me to realise how my practice needed to change after I experienced a personal and practice-related issue during and after my clinical placement. Reflective practice is an important component of allRead MoreReflective Account on Learning2907 Words à |à 12 PagesReflection: More than just looking in the mirror Ãâ¦reflection in a mirror is an exact replica of what is in front of it. Reflection in professional practiceÃ⦠gives back not what it is, but what might be, an improvement on the originalÃ⦠Biggs (1999). Reflective practice, in this context, is not about just looking at myself in a mirror and accepting what I see blindly, without any question or evaluation. Rather, it is about looking at what I have learned and how I can utilise that learning in my teachingRead MoreReflective Account Unit 5231477 Words à |à 4 Pagesï » ¿ Reflective Account Level 5 Diploma Health and Social Care Candidate Name: Unit Title: 523 Manage induction processes for health and social care or children and young peopleââ¬â¢s settings Reflective Account Assessor Use Only- Assessment Criteria Met Candidate to provide narrative under each statement of how they meet the criteria and list the number of the piece(s) of evidence supplied to demonstrate this. (See also possible examples of evidence sheet). You must provide answers to each question
Tuesday, May 5, 2020
Liability of Company and Corporate Veil â⬠Myassignmenthelp.Com
Question: Discuss About the Liability of Company and Corporate Veil? Answer: Introducation The investors who take risk to form a company usually have the guarantee the risk of debts and any liability usually will fall own the company because it is a separate legal entity and can sue and be sued in its own capacity. However, it bears noting that some investors such as is the case of Australian Careers Institute and the Sage Institute of Fitness, abuse the limited liability principle and the concept separate legal personality. The following two legal issues will apply to the Sage Institute of Fitness case study. Limited Liability of Company and Corporate Veil The concept of limited liability was established in the leading case of Salomon v Salomon Co Ltd[1] introduced the idea of separate legal personality of a company. Ideally, separate legal personality connotes that a company has a separate legal persona form the members of the company, the shareholders and the directors who have invested in it. [2] Under Australia law the principle of separate legal personality of a company has been provided under section 124 of Corporations Act 2001. In the case of Lee v Lees Air Farming Ltd[3] it was held that a company by having separate legal personality liability of the company is limited. Limited liability of a company means that the shareholders and directors are not liable in case any debts arise.[4] This implies that the shareholders have the assurance that they are protected from the effects of bankruptcy rules and insolvency during winding up of a company.[5] Because of the separate legal personality and limited liability of the company th e corporate veil is created which shields the shareholders of the company. However, the veil of incorporations may be lifted by the court if the company has is a sham and does not conduct the business it claims to in its article of association. Therefore, it has been held in Atlas Maritime Co SA v Avalon Maritime Ltd (No 1)[6] that when the veil of incorporation is lifted the shareholders of the company become personally liable for the debts of the company. The veil may also be lifted to prevent fraud or where the company formed is a sham and was merely intended to escape contractual or legal liability.[7] The principle lifting the corporate veil will help to prevent the mischief of the beneficial owners of Australian Careers Institute and Sage Institute of Fitness. The investors of the company will thus be personally liable for all the liabilities and debts which are being extended to the students and the stake holders. CompanyOfficer/Director Duties: Misleading and Deceptive Conduct Under section 180(1) of the corporation act the director has the duty to ensure that the care and due diligence that is expected of a reasonable person in his position.[8] These duties may also breached by the company officer who is regarded as any person who takes part in the decision making process of the company that in the end affects the entire business. In Lagunas Nitrate Co v Lagunas Syndicate[9] it was held that a director or company officer must act for the benefit of the company and that which is reasonable within his power after exercising his knowledge. According to section s1041H (1) a director or any company officer has the legal obligation to avoid practicing misleading and deceptive conduct during trade or any financial activity.[10] The main reason behind the sanction imposed by the duties given on directors is to protect investors of the corporation. As a matter of course, section 12DA of the Australian Securities Investment Commission Act prohibits any person from doing an act that is misleading or deceiving or is likely to do so while pursuing a financial activity. Based on the fact that this duty arises to persons dealing with a corporation or any business transaction it therefore means that the rule also applies to directors. It was noted in the case of Taco Bell of Australia Inc. v Taco Bell Pty Ltd,[11] that the information that is said by the director must actually be have a misleading and deceptive effect on the audience that the information targets. The audience that is being targeted by the representation must make a reasonable assumption that is not withdrawn from fanciful assumption.[12] In Australian Competition and Consumer Commission v Singtel Optus Pty Ltd[13] the court decided that if the intention of a director was to deceive and mislead if the information did not attain the desired result, the director will still be liable. The directors Australian Careers Institute and Sage Institute of Fitness will thus be personally liable for engaging in misleading and deceptive conduct through making advertisements for services which did not meet the expectation of a reasonable consumer Negligence is traditionally a common law action which is brought against one who has acted or omitted to do that which is in the ordinary course of his obligation, mandated to do.[14] For an act or omission to amount to the tort of negligence a duty of care owed to the plaintiff, breached of the duty and harm must be proved to exist.[15] It is imperative to note that the concept of duty of care applies to negligent misstatements that may have been made by a professional without regard to the veracity of the statements. [16] The duty of care is created by reliance on professional advice and the defendant is usually liable for professional negligence. The issue in this case is whether Tina and Aristotle can bring a claim for negligent misstatement or professional negligence after relying on Professional advice from William a Financial adviser. Negligent Mistatement The concept of negligent misstatement and professional misstatement is primary illustrated in the case of Hedley Byrne Co Ltd v Heller and Partners Ltd[17] which affirmed that a person is liable for a negligent misstatement if another party relied on the professional advice that has been given. However, in Byrne the court held if a disclaimer if given during the process of giving the advice one may, the defendant may be excluded from liability for negligent misstatement. Today, section 951A states that a disclaimer given during financial advise is void and is not effective.[18] The relationship between common law duty of care and negligent misstatement was given meaning in Caparo Industries plc. v Dickman[19] in which the court held that the person that is rendering advice must comprehend the significance of the advice and must know that the other party will not rely on any other independent advice. In Mutual Life and Citizens' Assurance Co Ltd v Evatt[20] the High Court of Australi a established that negligent misstatements does not only apply to people who are traditionally regarded as professionals but it also extends but even to non professionals provided the essential elements of negligence have been proved. Conversly, in the case of Shaddock Associates Pty Ltd Anor v Parramatta City Council[21] the court ruled that a person who makes statements which are reasonably relied upon by another individual has a duty to ensure that the advice given entails correct information. It is apparent that the test applied in negligent misstatement or advise is that; the maker of statements must know that the other party trusts him, the advice or information passed must be of serious business value and it was reasonably expected that the other party would rely on the information. In Ali v Hartley Poynton Limited[22] the plaintiff was an elderly woman who relied on financial advise given by a stoke broker. The court held that the defendant was liable for negligent misstat ement because he failed to conduct due diligence and proper analysis and did not disclose the risk of taking the investments. The remedy sought in an action for is one of recovery of loss for pure economic or financial loss that has been suffered due to reliance on the information that has been give. [23] It bears noting that the defendant in an action for negligence misstatement may lean on the defense of Vonlentis non fit injuria by asserting that the claimant solely relied on independent advice and thereby voluntary invited the financial injury to himself. Misleading Conduct Pursuant to section 12DA(1) of the Australian Securities and Investments Commission Act[24] any person who takes part in any trade or commerce is not allowed to perpetrate misleading or deceptive conduct. It bears noting that misleading or deceptive conduct also includes representations or an omission to disclose important information. The Corporation Act also echoes similar sentiments by absolutely prohibiting misleading and deceptive conduct during the process of trade or commerce.[25] Misleading and deceptive conduct can be referred to unconscionable conduct in trade and commerce because it is unreasonable and is an utterly display of ignorance. It thus goes without saying that ignorance of the law is not a defense in trade or commerce. The duty to avoid misleading and deceptive conduct to people who are expected to give advise or information because of there special possession of a skill or knowledge. In the case of ASIC v Accounts Control Management Services Pty Ltd[26] it was r uled that people should avoid unfair business practices that put other people at risk. In this sense professional advise must be given with due regards to all duties and obligation expected from a n ordinary professional. It has been held in the case of Wardley Australia Ltd v Western Australia[27] that in an action for misleading and deceptive conduct the complainant has the remedy of damages for loss suffered although an action may not be brought until loss has occurred. It thus follows that where the misleading and deceptive conduct is an omission to give adequate financial advice, am action will only be valid if there is proof of financial loss or damages. Application It is advised to Tina and Aristotle the financial advise that was given by William amounts to negligent misstatement. This is because their relationship with William was founded on the concept of duty of care where they trusted the information that was given to them and actually relied on it. Additionally, by applying the tenets of Ali v Hartley Poynton Limited[28] William neither revealed the risks that were involved in pursuing the investment option nor did he exercise due diligence before giving the information. It is instructive to note that the defense of volentis non fit inujria will be defeated because Tina and Aristotle did not rely on any independent advice. Ideally, William will be liable for negligent misstatement and will be compelled by the court to pay full amount of pure financial loss that Tina and Aristotle suffered. Tina and Aristotle must also evince that they have suffered damage for them to bring an action of misleading and deceptive conduct pursuant to the Austr alian Securities and Investments Commission Act. Williams conduct amount to a misleading and deceptive conduct because he failed to give important information which should ordinary be submitted it course of his practice. Conclusion It can be conceded that Tina and Aristotle have a strong claim of negligent misstatement or professional negligence against William. On the other hand, they can claim the financial suffered provided they all prove all the essential legal elements required in an action for negligent misstatement. References Article and Books Cathy S. Krendl, et al., Piercing The Corporate Veil: Focusing The Inquiry, Denver Law Journal 1 (Vol. 55, No. 1, 1978) Gonzalo Villalta, A Two-Edged Sword: Salomon and the Separate Legal Entity Doctrine, Murdoch University Electronic Journal of Law 2000 William J. Reader, Versatility Unlimited: Reflections on the History and Nature of the Limited Liability Company, in Tony Orhnial, Ed., Limited Liability and the Corporation 191 (Croom Helm, London Canberra, 1982). Ali v Hartley Poynton Limited[2002] VSC 113 - 20 ACLC 1006 ASIC v Accounts Control Management Services Pty Ltd [2012] FCA 1164 ASIC v Macdonald (No 11) [2009] NSWSC 287 AstraZeneca v GSK [2006] ATPR Atlas Maritime Co SA v Avalon Maritime Ltd (No 1) [1991] 4 All ER 769 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (2010) 276 ALR 102 Blyth v Birmingham Waterworks Company (1856) 11 Ex Ch 781 Caparo Industries plc. v Dickman (1990) 2 AC 605 Grant v The Australian Knitting Mills [1935] UKPC 2, [1936] A.C. 562 Hedley Byrne Co Ltd v Heller and Partners Ltd [1964] AC 465 Lee v Lees Air Farming Ltd (1961) AC 12 Mutual Life and Citizens' Assurance Co Ltd v Evatt [1968] HCA 74 Salomon v Salomon Co Ltd [1897] AC 22, 48 San Sebastian Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 (NSW) (1988) 162 CLR 340 Shaddock Associates Pty Ltd Anor v Parramatta City Council (1981) 150 CLR 225 Sharrment Pty Ltd v Official Trustee in Bankruptcy (1988) 82 ALR 530 Taco Bell of Australia Inc. v Taco Bell Pty Ltd (1982) 42 ALR 177 Turner v Garland and Christopher (1853) cited in Hudson's Building Contracts (4th ed., 1914) Vol. 2, p. 1 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Legislation Australian Securities and Investments Commission Act 2001 (cth) Corporations Act 2001(cth [1] [1897] AC 22, 48 [2] Gonzalo Villalta, A Two-Edged Sword: Salomon and the Separate Legal Entity Doctrine, Murdoch University Electronic Journal of Law 2000 [3] [1961] AC 12 [4] Cathy S. Krendl, et al., Piercing The Corporate Veil: Focusing The Inquiry, Denver Law Journal 1 (Vol. 55, No. 1, 1978) [5] William J. Reader, Versatility Unlimited: Reflections on the History and Nature of the Limited Liability Company, in Tony Orhnial, Ed., Limited Liability and the Corporation 191 (Croom Helm, London Canberra, 1982). [6] [1991] 4 All ER 769 [7] Sharrment Pty Ltd v Official Trustee in Bankruptcy (1988) 82 ALR 530 [8] ASIC v Macdonald (No 11) [2009] NSWSC 287 [9] [1899] 2 Ch. 392 [10] Corporations Act 2001(cth) [11] (1982) 42 ALR 177 [12] AstraZeneca v GSK [2006] ATPR [13] (2010) 276 ALR 102 [14] Blyth v Birmingham Waterworks Company (1856) 11 Ex Ch 781 [15] Grant v The Australian Knitting Mills [1935] UKPC 2, [1936] A.C. 562 [16] Turner v Garland and Christopher (1853) cited in Hudson's Building Contracts (4th ed., 1914) Vol. 2, p. 1 [17] [1964] AC 465 [18] Corporations Act 2001(cth) [19] (1990) 2 AC 605 [20] [1968] HCA 74 [21] (1981) 150 CLR 225 [22] [2002] VSC 113 - 20 ACLC 1006 [23] San Sebastian Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 (NSW) (1988) 162 CLR 340 [24] 2001 (cth) [25] Section 1041H of the Corporations Act 2001 [26] [2012] FCA 1164 [27] (1992) 175 CLR 514 [28] [2002] VSC 113 - 20 ACLC 1006
Wednesday, April 15, 2020
Andrew Jackson Essays (809 words) - Second Party System,
Andrew Jackson Andrew Jackson and his policies strengthened the new American nationalism. Through his actions during his presidency, he changed the nation into a more nationalistic country. Jackson was a man of the people, and he strongly felt that the common man was the power behind government. There were many different aspects that mirrored Jackson and American nationalism. Many factors, including his personality, his policies, his actions, and the way he mirrored American nationalism changed America into what become less of an aristocracy and more of a democracy to benefit the common man. Jackson was a man of humble background. In his time, a man that was born in a cabin was looked upon highly, and some of those with more noble upbringings actually apologized for not being born in more humble surroundings. Jackson was a brash, strong-willed man. He first got his fame in 1815 when he defeated the British Army at New Orleans with his untrained militia. Then in 1818, he violated Spanish territory without any authorization and hung 2 Spanish subjects for supposedly aiding some of the Indians that were being hunted. He lost the election for presidency in 1824, and claimed it was done so by a corrupt bargain: between Adams and Clay. He finally got his presidency in 1828. Most of his votes came from the West and South. When he was in office, he made it clear that he would get his way. He was labeled King Jackson the First by some and he expanded the power of the President. He supported a strong national government and used his power to get what he wanted. He vetoed 12 times in his 2 terms in office. His presidency was one of violence, and a sort of monarchy rule. The second main point that Jackson strengthened nationalism is his policies while in office. Jackson firmly believed that the government should be restricted to become the simple machine which the Constitution created. He was truly a man of the people. He also ignored many of the decisions made by the Supreme Court. Another thing was the Jackson had a strong personality and was well liked. However, I feel that many of Jackson's supporters didn't know where he stood on the views, but they supported him because he was a man of the people. He didn't make his view clear many times, but still received support from the people. Violence was a thing that he used also to get his way. A person was either for him or against him. Jackson usually implemented what he wanted personally, not what was good for the people. For example he was a slave owner, and he supported the ban of antislavery pamphlets in the mail. Jackson's policies caused the rise of American nationalism and the strength of the office of the President of the United States of America. Many of the actions took by Jackson reinforced the new Jeffersonian Democracy. His actions were those of a strong President and a strong national government. They all were part of the rise of American nationalism. He vetoed bills he did not like, he threatened using national troops in South Carolina to enforce the tariff, and many others. His actions however were also not always consistent. He seemed to support a strong national government, but also was a states' rights champion too when he didn't interfere when Georgia violated the Native Americans rights laid down by a federal treaty. One of his biggest actions however was the veto of the Second Bank of the United States. This awarded honest labor, and was a great setback for monopoly and aristocracism. Jackson took actions to try to benefit the common man, and strengthened American nationalism. Jackson's presidency mirrored American nationalism. American nationalism was growing, and the aristocracy was dying out. He was a common man, and stood up for the common people. His actions were all to push for a government that acted within the limits of the Constitution. That is showing nationalism by only allowing the government to do what the people have given it power to do. He also did what was in his power to better the common man in the economy. He did not like the
Thursday, March 12, 2020
A film comparison between emma and clueless
A film comparison between emma and clueless Jane Austen's early nineteenth century novel, Emma spawned two well-known films from the mid-nineties. These are of course Emma, directed by Douglas McGrath and Clueless, written and directed by Amy Heckerling. While Emma is a direct adaptation of the novel, Clueless was merely inspired by its themes and messages. Furthermore, Emma aspires to successfully present the novel in celluloid and entertain a female, adult audience whilst introducing Jane Austen to a new generation. Conversely, Clueless aims to transport the themes and morals presented within the novel into a modern context that is relatable to the youth of today. Despite these differing objectives the films are similar in terms of storyline, theme and characterisationSuperficially, Emma and Clueless are tales of love told from the perspective of 'the match-maker,' however beneath this veneer lie stories about young women learning humility in the face of their own willful ignorance. In both stories the heroine misjudges not just Mr/Elton's affections, but also the extent of a second eligible man's affections for them.Jane Austen lived here, in Chawton, during her fin...Cher and Emma even misjudge their own feelings towards a brother figure: Mr Knightly in Emma, and Josh in Clueless. As a result of their mistakes, both undergo a 'spiritual makeover' and rethink their opinions of themselves and the things into which they put their time and energy. A more blatant connection in the plot occurs when Emma paints a picture of Harriet for Mr Elton to hang up in his house. The equivalent to this in Clueless would be when Cher takes a picture of Tai for Elton to pin up in his locker. In both films the portrait is hung up not because of the subject but because of who created the image. Indeed, the films share similar storylines, yet they are set in vastly different environments.Emma is...
Monday, February 24, 2020
Informative paper Research Example | Topics and Well Written Essays - 1750 words
Informative - Research Paper Example The aim of this paper is to browse through the various legal aspects of internet governance that help minimize the concerns related to internet. Body Nature of the problem Both the private sector as well as the government sector has become very concerned about cyber security and these concerns have elevated due to various sources. These sources include: Individuals and groups have accepted the importance of internet as it is found to be present in different spheres of human life. Computer systems and information technology related resources have become increasingly dependant on internet. Concern has even elevated because quite frequently, organizations from both the private and the public world report breach of information. Different types of viruses and malwares are spreading and they are becoming quite complex for people from the industry to tackle. Government is continuously involved in the process of conducting investigative operations on the way internet is being used. Various i nternet related attacks conducted throughout the world. Concerns have even stemmed out of activities such as cybercrime which includes: theft of identity, credit card online frauds, illegal pornography, and loss of property that is intellectual in nature. On top of the sources of concern is the concern for privacy of data that is with the government and the private sector. Internet users have increased and almost 32.7% of the worldââ¬â¢s population is using internet, but they are unaware of the threats they may face and their awareness of how to avoid such threats is even low in amount (International Business Publications, 2007, p.38). These users are recognized as soft targets and a number of criminal entities can take advantage of them. Those entities that may pose a threat to users include: hackers, government organizations, especially intelligence agencies. The motives behind attacks related to internet includes: economic benefits, attacks conducted for the betterment of the security of the nation and self satisfaction. Responses from international community The international community and the local community have responded in several ways to the threats and the attackers. During the period of 2001, COE (Council of Europe) held a treaty signing session on the subject of cyber terrorism. The meeting focused on three major problems related to cybercrime (Bachmaier, 2010, p.203). These issues included: various kinds of cyber attacks that nations need to address in their laws and regulations, the adoption of these rules and regulations to solve major issues and corporation between nations to solve the issue of cybercrime. The convention has made ample amount of progress and it has been able to add 21 countries to the convention and tried to persuade a total of 30 countries to get into the agreement (Bachmaier, 2010, p.203). During the period of 2010 a UN Crime Congress was held in the area of Salvador, here Brazil tried to get other nations into signing a t reaty to counter cybercrime (Boister, 2012, p.118). Brazil failed to persuade other nations to sign the treaty even though heated discussions took place and problems were discussed in great lengths. The reason due to which agreement was not reached includes concern for rights of humans, national security and other issues. The problematic question in such cases is how to bridge the differences among these nations
Saturday, February 8, 2020
Effective Business Communication Routines Essay
Effective Business Communication Routines - Essay Example In practice, communication is an unavoidable venture in running day-to-day business and, therefore, the way communication is to be done must be effective in disseminating the message. It is worth noting that communication is a process that involves delivery of messages from the sender to the recipient and back. In both ways, the message delivered should have qualities such as clarity, accuracy, brevity, preciseness, and sensitivity to needs and emotions of the recipients. (Belch &Belch, 1993). Stacks and Salwen (2008) stated that efficient communication is subject to regulation by specific moral values. Business ethics control a companiesââ¬â¢ course of action as per the accepted moral standards and principles. Ethics are applicable to the way a company relates to the customer and the society as a whole. Stacks and Salwen (2008) further, added that ethics in business language refers to the practical use of regulations, values, and set standards of discipline related to a business setup. Ethics act as a guide to business behavior and order that propels the business in the right direction. This order controls preparation of documents and fosters good relationship between employees and clients. This relationship is fostered when communication is done effectively and positively leaving no chances to arrogance in routine messages and replies (Stacks & Salwen, 2008). In order to prepare an effective business communication message, there is a need to apply the three-step process of writing routine positive messages and replies. Body Nearly all communication activities performed by officers in a business firm can be viewed in two perspectives: Firstly, all communications dealing with real work for instance contacting business clients. Secondly, communication actions dealing with internal issues for example communicating across departments or management. Internal communication is divided into two parts: Important communication, whereby a new message with an attached value is passed for instance an answer or resolution to a puzzling problem, talks, team consultations, and planning. The other part of internal communication is routine which includes; submitting reports and assignments to relevant departments and authorities, sharing experiences in the face of a problem or a challenge just to mention a few. This paper focuses on Routine Replies and Positive Messages a sub section of internal communication (Guffey & Almonte, 2008). The letter below is an example of a complain letter to the accounts department in a business firm whose services were not satisfactory. It follows the three-step progression of writing routine positive messages (Bovee & Thill, 2008). The tone is professional, expects a fair adjustment and all correspondents has been documented. It comprises of three parts delivering the message, which are; Problem statement in the first paragraph, Details of the letter, and explanation of the problem in the second paragraph and action or solution expected in the third paragraph. Managing director, Print Point Company, 8452 Green valley. February 1, 2012. To: The chief accountant, Accounts department, Dear Sir, RE: DEPARTMENTAL COMPLAINTS As someone who has worked with this firm for a long time, the board was very dissatisfied with the quality of work done by your department in the last financial year. We expected you to
Subscribe to:
Posts (Atom)