Wednesday, May 6, 2020

How Technology has Changed Anthropology - 872 Words

How technology has changed Anthropology â€Å"Anthropology is the most humanistic of the sciences and the most scientific of the humanities† – Alfred L. Kroeber Anthropology is holistic. Humans are social beings more than anything, but with underlying psychological, biological and cultural connotations. The field of anthropology encompasses everything and anything having to do with humankind throughout history. Anthropology attempts to answer the tough questions about the human condition. What influences our actions? How has our species changed? Why do we look down on other cultures or societies? The questions are endless. It is the anthropologists’ job to try and answer them with unbiased subjectivity in order to come analytical conclusions about us as humans. (Kottak 14). To understand humans and the complexity of our cultures anthropology uses knowledge not only from the social and biological sciences, but also the physical sciences and humanities. In order to cover such a wide base of human history and interaction, anthropology itself has been split up into four different subsets that allow us to delve deeper into the understandin g of the human condition. What is common throughout all the subsets is the application of knowledge in an effort to solve human problems. Throughout history though, the problems we have faced as humans have not always been the same. In fact they often change from generation to generation. For anthropology to keep up with these changes it’s had toShow MoreRelatedAnthropology : Indigenous People And Tribes Essay1244 Words   |  5 PagesDecember 5, 2016 Anthropology: Indigenous People/Tribes Change due to Outside Contact Outside contact does not always result in depopulation, despite the fact, that in many cases, it s followed by cultural and social disintegration. I will bring up the reasons to why outside contact changes Indigenous people/tribes, and why these their cultures have changed juristically over time. So what is Social Anthropology, and how does it relate to Australian Aborigines? Social Anthropology is the study ofRead MoreImportance Of Chemical Analysis Of Anthropology Is Not A Word That Crosses People s Minds1103 Words   |  5 PagesStephen Acabado Anthropology 8 24 October 2015 The Importance of Chemical Analysis in Archaeology Anthropology is not a word that crosses people’s minds very often, and when it does, it is most often associated with treasure-hunting and dinosaurs. Those who have a vague idea of what anthropology – that is, the study of human past and all that entails – and its subfield, archaeology is, often think of both as one-dimensional fields, when in reality, they are so much more. Anthropology is a multi-disciplinaryRead MoreAnthropology : Indigenous People And Tribes Essay1164 Words   |  5 Pages Anthropology: Indigenous People/Tribes Change due to Outside Contact Outside Contact does not inevitably result in depopulation, despite the fact, that in many cases, it is followed by cultural and social disintegration. I will bring up the reasons to why outside contact change tribes, and why these their cultures change over time due to outside contact. So what is Social Anthropology, and how does it relate to Australian Aborigines? Social Anthropology is the comparativeRead MoreThe Archaeological Theory Of Practice1451 Words   |  6 Pagesof traits unique to each cultural group. It explained change was caused by diffusion and migration in which research with spatial and temporal time and space systematics to shape cultural forms over time that determine human behavior. Each culture has importance in origins and is a unique compilation of traits and underlying principles, the outcome of its own unique history (Lecture). It was with this new processes, further explained in the lecture, new methods emerged in which excavations were siteRead MoreThe Anthropological Approach and Its Unique Perspective Can Contribute to the Search for Solutions to Contemporary Human Problems†1060 Words   |  5 Pagesunique perspective can contribute to the search for solutions to contemporary human problems† -With reference to Globalization- Anthropology refers to the study of humanity. Anthropologists do not discriminate against culture, gender or race but study all societies and are concerned with the totality of human existence. Ethnography is often seen as the hallmark of anthropology and it consists of fieldwork, which is used to acquire the information and insights needed to understand different societiesRead MoreStudy questions Essay1333 Words   |  6 Pages5. 6. 7. 8. 9. How is gender related to and affected by factors such as race, class and sexuality? Why are these factors difficult to label and identify? How has anthropology changed since its origins? Why is globalization difficult to define? What are the different spheres of globalization? What processes are involved in globalization? Which aspects of globalization are old and which ones are recent? What are the critiques of globalization? Why is anthropology interested in globalizationRead MoreHuman Interference : Michael Crichton s The Andromeda Strain1248 Words   |  5 PagesHuman interference in Michael Crichton’s The Andromeda Strain It is amazing how far this world has come in the world of technology. From the telephone, to the dishwasher, to the satellite, many inventions have been created to ease people’s daily lives. In The Andromeda Strain, Michael Crichton gives the audience an insightful view into the ways that humans try to solve problems through science and technological advancements. However, when people interfere, the consequences may lead to bigger problemsRead MoreGene Splicing1258 Words   |  6 Pageswasn’t just a myth? What if they were a new stage in human evolution? Scientists in many fields have hypothesized that humanity like the dinosaur will eventually die out, so what will it take for humanity to survive? Dr Joseph Alter, a Professor of Anthropology, believes that with the biotechnology available today, we could see human being born with animal DNA. This new breed could be stronger, faster, and immune to diseases that regular humans would not be able to survive. In his artic le, The Once andRead MoreAnth342 Essay1493 Words   |  6 Pages4 – How have economic development and globalization changed the ecology of human health and disease? In your discussion, include aging, infectious disease, and chronic disease. You should discuss the concept of epidemiological transitions Prehistoric humans had no notion for the differences between a PPO or an HMO benefits package, nor any reason to concern themselves. Similarly, most people today haven’t the slightest idea how to clean a fish. To be fair to both groups, our environment has changedRead MoreMasters Of The Planet By Ian Tattersall1027 Words   |  5 Pagescurator emeritus at the American Museum of Natural History in New York. Tattersall was born in 1945 in the United Kingdom, and grew up in east Africa. He trained in archeology and anthropology at the University of Cambridge, and earned his PhD from Yale University in 1971. Tattersall’s main focus over the course of his career has been on three areas; the human fossil record, the study and ecology of Lemurs in Madagascar, and finally on human cognition. He brings to the issues a lifetime of expertise

Fantasy vs. Reality - 915 Words

Fantasy vs. Reality Silently, my senses begin to abandon their rationale†¦who is to say then what is real? The world that we live in, the reality, which we are a part of, is small and thus limited. That is why, in his infinite capacity for potential improvement, man created fantasy. Fantasy is BIG! To a certain extent it is more imaginative, more exciting, and more fun. Fantasy is like a lake where man throws all his ideas and dreams, and then he dives on in from the springboard of imagination. So, jump in to the lake. Why not? Just make sure that when you jump in to the lake you know how to get back from where you came from. Because, no matter how big a fantasy is, to the point that it somehow changes our perception of what is†¦show more content†¦This is fantasy mixing itself with reality, that in the process, it is now becoming hard to determine whether that particular fantasy is still just a fantasy apart from reality or it is already mistaken to be reality itself. Soft trick of sun and shadow conjures the fruits and foliates into tall towers and halls, risen from the windy old streets. This would mean the sun playing tricks by producing shadows. Shadows are kind of a pointer to something, pointing to what is real and yet in itself is not real, just like the imagination. Just as the sun produces the shadow, the mind produces the imagination, wherein both the shadow and the imagination point to something that is real but again, in themselves alone are not real. And so, the sun playing tricks would mean conjuring or summoning the fruits and foliates, which refer to little bits of reality and transforming them into tall towers and halls, which in turn are pinpointing to grand and fantastical images. In other words, simple pieces of reality are then altered into majestic landscapes thus creating a fantasy. And to enhance the image more, the tall towers and halls are risen from the windy old streets. What do we usually find in windy old streets? We find dilapidated and out-of-date houses and structures and yet the image of tall towers and halls are found on those very streets. The very presence of tall towers and hallsShow MoreRelatedEssay on Reality Vs. Fantasy1056 Words   |  5 Pagesexample stating â€Å"that I am here, clothed in my dressing gown, seated at the fireplace, when in fact I am lying undressed between he blankets!† (222). Descartes describes how a dream may feel so real, one might actually think their dream is in fact reality. He goes on further saying â€Å"plainly that there are no definite signs to distinguish being awake from being asleep that I am quite astonished, and this astonishment almost convinces me that I am sleeping† (222). This all lead to Descartes comingRead MoreReality Vs. Fantasy : Quotes Notes1705 Words   |  7 PagesReality vs. Fantasy Quotes Notes 1. â€Å"Now, then, let me look at you. But don t you look at me, Stella, . no, no, no, not till later, not till I ve bathed and rested I And turn that over-light off!(1. 18-19). Blanche is living in her fantasy that she is so young and she is good looking and she expects everyone to say that her physical appearance is very beautiful. She is not accepting the fact that she is going to get old she is not going to stay young forever. She thinks she is taking bath in someRead MoreReality Vs Fantasy By James Cole And Dr. Movie952 Words   |  4 Pages The main theme of the movie is mainly about a thrilling adventure through time travel in a world full madness and mystery. The contrast of reality vs fantasy has a large influence on the plotlines, setting, characters and the theme of this movie. James Cole and Dr. Railly, the two main characters represent the real world events, like being on the run from the authorities. The mission that they faced seen impossible considering the time period they both lived in. But in a futuristic world luck mightRead MoreFantasy vs. Reality in a Midsummer Nights Dream Essay1126 Words   |  5 PagesMarch 2012 Relationship Between Fantasy and Reality in A Midsummer Night’s Dream In A Midsummer Night’s Dream, Shakespeare easily blurs the lines of reality by inviting the audience into a dream. He seamlessly toys with the boundaries between fantasy and reality. Among the patterns within the play, one is controlled and ordered by a series of contrasts: the conflict of the sleeping and waking states, the interchange of reality and illusion, and the mirrored worlds of FairyRead MoreReality Vs. Fantasy : Today s Modern World1459 Words   |  6 PagesReality vs. Fantasy In today’s modern world, our mindsets in fashion are all based on fantasy: new brands, trends and many more. We all live in a society whereby we tend to buy things that are attractive and very unique within our culture. Even though we don’t have enough money for such expensive items such as clothes and many other materialistic things, borrowing or lending money from others would still be worthwhile due to the desirability of the product. In fashion, a question came to mind, whatRead More Fantasy vs. Reality in J. M. Coetzees Disgrace Essay1791 Words   |  8 PagesFantasy vs. Reality in J. M. Coetzees Disgrace J. M. Coetzees novel Disgrace is, on the surface, the story of a wayward college professor, Dr. David Lurie, who is aging into a disrespectful decline. But this story tells of not only the strife and wrenching change that exist in the microcosm of Luries mind, but also the parallel themes that underlie the social, political, and ethical systems that are the reality of present day South Africa. As David Lurie interacts with people and creaturesRead MoreFantasy vs. Reality in Superman and Harry Potter and the Philosophers Stone 1899 Words   |  8 Pages Reality and Fantasy are often thought as two worlds which when collided create incredible stories of wonder and mystery. Why no other genre of literature is more popular than that of fantasy right now. Seventeen of the top twenty highest grossing movies in the Unites States and Canada last year were fantasies and of those the top six were based on books or comics (MPAA, 21). Fantasy allows for the unexplained to occur and create s a world separate to that of reality. As such fantasy storiesRead MoreFantasy Vs. Reality Where are you going, Where have you been Essay1205 Words   |  5 Pages Fantasy versus Reality in Where Are You Going, Where Have You Been? Where Are You Going, Where Have You Been? by Joyce Carol Oates has a constant theme of reality and fantasy running parallel for 15 year old Connie. This short story begins with a description of Connie’s vain personality. The narrator describes her as pretty and self-centered (Oates 421). To emphasize her selfishness, Connie is contrasted with her sister, June, who is chubby, plain, and well-behaved. Connie’s mother alwaysRead MoreWilliam Shakespeare s Hamlet 847 Words   |  4 Pages Elena Ehrlich Mrs. Stensaas Hour 1 Hamlet Final Paper Motif Paper - Seems vs. Is The play, Hamlet, takes place in the Renaissance era, and readers are exposed to the golden age of English writing as well as its featured complexities. Shakespeare’s work features young Hamlet’s life after his father’s passing. Hamlet shows that death is a hard occurrence to heal from. Hamlet reveals both the negative and positive events that arise because of it. Prince Hamlet does not alleviate from his father’sRead MoreSeparating the Flames of Reality Essay577 Words   |  3 Pagesfrom the ashes, Dee was reborn as Wangero. However, the night of the fire a flame of conflict was born for her mother. The conflict of Maggie, the younger sister, vs. Wangero flamed into a choice between a wish and reality. By choosing Maggie to own the quilts, the mother symbolically chose to reject Wangeros Wish for the reality of Maggies Everyday. Flames from the night of the fire burned over Dees sister, Maggie. The fire burned her hair and pieces of Maggies dress. After the fire

Australian Rules Directed by Paul Goldman Essay Example For Students

Australian Rules Directed by Paul Goldman Essay Australian Rules is a 2002 drama film directed by Paul Goldman. The film is set in South Australia fishing town. Moreover, discovers the racial and cultural differences of the white Australian and the aboriginal Australian. The film Australian Rules was successfully shows the wilderness of Australian life, and the racism that still exists in Australia. The film is about a young man experiencing the hardships of growing up in rural South Australia. The only thing that connects two communities the whites and the blacks is football. The essay will be talking about the Negative representation of white Australian in the film Australian rules, and racism to support the argument. Australia is a diverse country that encompasses a multi-cultural population including the traditional land the aboriginal community. Located in the southern hemisphere Australia generally has a warm climate with the southern state being colder due to the proximity to Antarctica. Australian people are generally friendly, honest, and excepting of others. Due to Australia being a relatively new country buildings and houses are generally a modern design. The Main Characters in the Film Australian Rules are Gary Black and Dumby Red is exception teenage best friends from different sides of the ways. Dumby is the star of the football team and likely to become the next big Aboriginal star in the big leagues. Gary is the bookish son of a hard-drinking and ruthless white fisherman, Bob Black. He is attracted to Dumbys good-looking sister, Clarence. The men in the film Australian Rules are coward, racist, nasty, alcoholic, smokers, swears a lot, risk takers; bad parenting and they show a very bad image to the young Australian man well not just Australian man everyone. In the film, it shows how bad Australian men are. Bad parenting by Bob of Blacky and his being racist for example when blacky’s father got home he went to blacky’s room and saw Blacky with Clarence, an aboriginal girl. He had beaten Blacky because he saw him with Clarence in one bed. That shows the racism and bad parenting of bob. ¬ ‘’Get out of my house, you black slut’’. Australian men show a bad image of being an Australian. The most predominant view is one of a violent beer drinking fisherman. Blacky’s father is the prime example in the movie. The fact that he bashes his wife shows that his values system is one that supports violence towards women. This leads to his attitude towards his role in the household; he sees his role as the father to be one of authority, providing and disciplinary. He seeks to maintain power by beating his wife when she doesn’t do something that he tells her, he also uses his fruit and nut chocolate as a reminder of the control he has over his family. â€Å"Don’t touch Dad’s fruit and nut.or god help you† Says Blacky’s mother, this shows that Bob (Blacky’s father) has a symbol of his power which can be tested but nobody dares to which shows that he has succeeded in maintaining his power. Blacky’s father sees drinking beer as being a ‘manly’ thing to do and thus wants his son to grow up to be what he considers a man. Blacky tries to fight this because Blacky won’t accept his values at all. Paul Goldman also positions the viewer to reject this view of masculinity. They provided the viewer with an insight into the view of masculinity. He also shows that the men in town think that their children should grow up exactly like them instead of letting them become their own person. .u94512a24489cacc0e6e31c5e78b465e7 , .u94512a24489cacc0e6e31c5e78b465e7 .postImageUrl , .u94512a24489cacc0e6e31c5e78b465e7 .centered-text-area { min-height: 80px; position: relative; } .u94512a24489cacc0e6e31c5e78b465e7 , .u94512a24489cacc0e6e31c5e78b465e7:hover , .u94512a24489cacc0e6e31c5e78b465e7:visited , .u94512a24489cacc0e6e31c5e78b465e7:active { border:0!important; } .u94512a24489cacc0e6e31c5e78b465e7 .clearfix:after { content: ""; display: table; clear: both; } .u94512a24489cacc0e6e31c5e78b465e7 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u94512a24489cacc0e6e31c5e78b465e7:active , .u94512a24489cacc0e6e31c5e78b465e7:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u94512a24489cacc0e6e31c5e78b465e7 .centered-text-area { width: 100%; position: relative ; } .u94512a24489cacc0e6e31c5e78b465e7 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u94512a24489cacc0e6e31c5e78b465e7 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u94512a24489cacc0e6e31c5e78b465e7 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u94512a24489cacc0e6e31c5e78b465e7:hover .ctaButton { background-color: #34495E!important; } .u94512a24489cacc0e6e31c5e78b465e7 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u94512a24489cacc0e6e31c5e78b465e7 .u94512a24489cacc0e6e31c5e78b465e7-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u94512a24489cacc0e6e31c5e78b465e7:after { content: ""; display: block; clear: both; } READ: Going to a Movie: Archetypes in the "Star Wars" Movie EssayThe women in the film Australian Rules are intelligent, alcoholic, smoker. Pickles mum shows a bad image of being an Australian woman by how she acted in the film. She goes to the pub with Australian man’s she is the type of mother that cares about her life but does not take it seriously. Blacky’s mum she is intelligent she is a loving mum makes up about the dads abuse she is smart of how she does for the football she is brave and good stay home mum.

Tuesday, May 5, 2020

Foundations of Company & Commercial Law - MyAssignmenthelp.com

Question: Discuss about theFoundations of Company Commercial Law for Partnership. Answer: There are three common business structures that are usually used for the running of a business. These include sole proprietorship, partnership and company. In the given case, considering there are three members namely Mary, Fred and Chris who would share the ownership, hence, the given structure cannot be labelled as sole proprietorship as the ownership of the business is limited to only one owner. Further, the given business structure by way of formation does not seem to be a company as this typically has elaborate formalities which would involve some time and cost for the formation. Also, the fact that the terms were written on a serviette clearly reflect that the given structure is not a company. Hence, the only possible business structure that seems likely is the partnership structure. In order to determine whether the given structure is a partnership or not, the relevant provisions of the Partnership Act, 1892 (NSW) need to be considered. As per s.1 of this act, any partnership needs to fulfil the following three conditions. Carrying on of a business In the above regards, there are certain crucial aspects which must be adhered. There needs to be involvement in business and not hobby as highlighted in the verdict of Ferguson v Federal Commissioner of Taxation. There is a difference between preparing to carry on a business and actually carrying on a business as reflected in the verdict of Goudberg v Herniman Associated Pty Ltd Also, it is essential that the underlying activity for which the partnership is formed is not for a single venture or isolated transaction but it should be for repetitive business activity. This is reflected in the arguments of the Ballantyne v Raphael. In this particular case, the partnership was formed amongst partners for a particular sub-division of a land and hence was not termed as a partnership since it was for a particular land only and there was no intention to repeatedly engage in the same. Business must be carried out in common It is essential that even though all the partners are not engaged actively in the business but all the business activities must be carried on the behalf of the partners of the firm. This is apparent from the arguments and underlying verdict of the Lang v James Morrison Co Ltd. In this particular case, the honourable court indicated that mutuality of obligations is critical for the existence of partnership and in the absence of the same, the relationship between parties cannot be termed as partnership. Also, the right to participate in profits is critical to being a partner as highlighted in the Re Ruddock case. Presence of Profit Motive In accordance with the commentary in Wise v Perpetual Trustee Co Ltd, partnerships are associations formed with the intention to earn profits unlike clubs which are mere associations and are not considered as partnership as the profit motive seems to be absent. Further, profit in terms of partnership refers to monetary gains only as other gains can be found in other association. It is imperative to note that the definition of profit has not been offered in the PA but is derived from commentary in cases such as Bond Corporation Holdings Ltd Anor v Grace Bros Holdings Ltd Ors. In accordance with this, profit tends to occur if the asset value of a partnership firm tends to be different at different point of time and the difference in value is termed as profit. In accordance with the above three requirements, the current scenario needs to be analysed so as to opine whether the given structure would be a partnership or not. It is apparent that the three partners i.e. Mary, Fred, Chris are not limited to planning but actually set up a caf business with joint ownership. Further, there was presence of an oral agreement with regards to the sharing of profit which amounts to the partnership agreement which is required for setting a partnership into place. It is mentioned that it is a business; hence it cannot be considered a hobby. Also, considering it is a business, hence the profit motive would also be present. Besides, it is apparent that the business is being run in common as the three partners have stakes are also involved in the day to day management of the caf. Besides, considering the nature of the business, it is also apparent that the business is not an isolated transaction but rather a repeated activity which is done over and over agai n, thus ensuring that it is indeed a business. It is apparent from the above discussion that all the conditions associated with a partnership relationship is fulfilled in the given case, hence it would fair to recognise the given business as a partnership firm with Mary, Fred, Chris being partners. It is imperative to note that in a partnership business structure unlike the company structure, the underlying principle is not the firm since a partnership has no legal entity. As a result, the partner while acting as the firms agent tends to also represent the other partners when running the partnership business and if certain actions are undertaken by the partner in the usual manner of conducting business, then such actions would be binding not only on the firm but also the partners. The only exception to this is when the other party is aware of the lack of authorization on part of the partner. However, this is primarily applicable for contractual liability. The scope of discussion in the given case would be limited primarily within the ambit of tortious liability. S. 10 of the PA is relevant in this regard and states that if any act which is wrongful or caused due to omission of the partner which results in causing damage or injury to any person who is not the firms partner, then the firm and partners jointly would be held responsible for the same provided that the omission or the wrongful act was carried out in the ordinary course of business. S. 12 of the PA also reflects that any liability arising from any wrong would be joint and several. This makes sense as for the actions of the agent the principal is responsible which in the given case cannot be firm since if the firm is sued; it essentially implies that the parties would be caught in a lawsuit. Also, since the partnership firm could potentially have unlimited liability, thus there is risk that in case of any tort related liability, the claims could potentially reach the person a ssets of the partners as the underlying liability arising from the tort would not be limited to business as in the case of a company but rather extend to the partners who would be held liable on account of the firm or business, Clearly, with regards to the above section, a major concern is to determine as to what constitutes as the ordinary course of business. In this regard certain useful cases are Polkinghorne v Holland and also Walker and others v European Electronics Pty Ltd. In the latter case, the judge stated that in order to define both the business scope and nature, reference needs to be given to the partnership agreement which would help in answering the above question. The following commentary given by Mahoney JA is also relevant in this regard and highlighted as shown below. In considering whether the act of a person is done in the ordinary course of the business of a firm of which he is a member, it is, of course, necessary to determine what the business of the firm is. Sometimes the business of the firm is defined or described in the partnership agreement. In such a case, the court must decide, as a question of fact, whether the act in question can be and was done in the course of carrying it on. This may be decided by reference to specific evidence that an act of the kind in question is apt to be, or was, done in carrying on such a business. Or, in some cases, the court may be in a position to take notice of the fact that a business of the kind in question is apt to be carried on by doing acts of the relevant kind. Further, in cases, where the scope and normal conduct of the business activities cannot be defined or identified through the aid of the partnership agreement, then in such cases, the decision is based on the underlying situation as has been highlighted in the verdict of the National Commercial Banking Corporation of Australia Ltd v Batty. Further, this is also reiterated in the Goldberg v Jenkins case. The prime reason was purely circumstantial since in the ordinary course of business, the interest rate paid on borrowed funds was significantly lesser in comparison to the rate at which the partner borrowed which effectively resulted in exemption of the liability for the firm and the other partners. In the given case, also, the above understanding would be applicable and the liability needs to be fixed with reference to the relevant sections of the PA along with applicable case law. It is apparent that the customer has been damaged owing to the coffee being too hot and considering the fact that the caf had duty to care, there is clear case of negligence and also the customer who has suffered the burns intends to claim damages. It is apparent that Chris who was negligent while serving the coffee would be definitely liable for the damages claimed by the customer. In order to determine whether the partners i.e. Mary and Fred would also be held liable or not, it needs to be ascertained whether the negligence was observed during the normal course of the business or not. It is apparent that the business that the partners are engaged in is caf. For a caf business, making and serving coffee to the customers is a regular part of the business and thereby it would be appropriate to conclud e that Chris was involved in the normal business course and thus in accordance with s. 10, 12, all the partners would be jointly and severely responsible for the damage claimed by the aggrieved customer. The current business structure is partnership which has two very big disadvantages which necessitates the review of the current business structure. In line with the incidents that occurred in part 1(b), the personal liability of the partners is potentially unlimited and as business grows, it is endeavour on the part of the partners to form a business structure which provides immunity to their personal assets to any issues related to the business. As a result, a company structure would be better suited. Further, another issue for the business in the partnership structure would be in raising of incremental finances which are not possible without dissolving the partnership firm. This is because every time there would a new shareholder that is added or alteration in the existing shareholding of partners, there would be a requirement to enact a new partnership agreement and form a new partnership firm which is quite cumbersome. Also, there is restriction in the number of members who can become partners and it might not be possible to arrange the requisite finance for business expansion from even the maximum number of partners possible. Thus, in this endeavour a company structure might be better suited considering the ease with which the transfer of securities can be enacted. A critical aspect of company which resolves the above two issues witnessed in partnership firms, is the fact that the company has a legal identity unlike other business structures which are known only by their respective owners. This was established over a century ago in the Salomon v Salomon Co Ltd. when the House of Lords distinguished between the liabilities of the company from that of the owners. Afterwards, this particular stance has been vindicated by a host of other cases. Even though in certain cases, the court may decide to lift the veil but despite that the principle of legal separation between the shareholders and the directors is well acknowledged. Additionally, in accordance with Corporations Act 2001, a company structure is capable of the following. Hold property Sue other parties and get sued in turn Perpetual in existence Limited Liability It is apparent from the above that the liability of the shareholders in a company structure would be limited as the maximum loss that the shareholders can bear is limited by their respective share investments. Thus, if the company becomes bankrupt then the shares would not have any worth and it would be deemed that shareholders have lost the money invested in the company. This is highlighted in the Green v. Bestobell Industries Pty Ltd case. Further, it is also apparent from the above that the company always remains in existence, thus it provides freedom for the owners to transfer shares as this would also happen one the shareholders are dead. But, the transfer of shares would not impact the existence of company which continues to exist and function irrespective of the ownership change. This allows for greater flexibility in raising finance for business purposes by diluting the equity while preserving the entity of the business. The objective is to determine whether the loan which has been taken by one of the directors Chris would be binding on the business under the relevant provisions of Corporation Act 2001 (Cth). It is noteworthy that when the individuals decide to use company business structure for their business, then the liability of any act of the director is mainly imposed on the name of company. The leading case is the judgement given in Salomon v. Salomon Co Ltd case. It is because company itself has a legal entity. Hence, company has its own rights and the respective obligations created by any action of the authorised agents which would create a legal liability for the company only. It has been highlighted in the Green v. Bestobell Industries Pty Ltd case, that the directors or the respective shareholders of the company are considered completely separate from the liabilities of the company because the liability is imposed on the company name only. This aspect is known as VEIL OF INCORPORATION under Corporation Act 2001. However, this scenario is different when the directors or shareholders are involved in any fraudulent activity on the name of the company, evading fiduciary duties, a voiding the obligations of contract. In this regards the honourable court would consider the situation and will LIFT the applicability of VEIL OF INCORPORATION. The testimony of this aspect is given in the verdict of Pioneer Concrete Service Ltd v. Yelnah Pty Ltd case. Dealing with a company for a third party is completely different as compared to a sole trader or partnership firm. It is because if the shareholder or the director is working on behalf of the company, then the respective directot is working as an agent for the company. Also, the third party can assume that the agent has the requisite authorization to create the contract in the absence of anything suspicious. Further, the liability of the enacted contract would be directly validated by the company. In this regards, under the provisions of section 127, Corporation Act 2001,the third party can enter into the contract and form legal contractual document if the contractual document in the following manner (without the seal of the company). When the contract has been signed by the two directors of the company When one director and a company secretary have signed the contract If the company has only one director (who is also designated as the sole secretary) then his/her sign on the contract would create the contract with the third party. These would extend the contractual liability on company under the applicability of section 128 and 129 of Corporation Act, 2001. In the accordance of the section 126 of Corporation Act 2001, the person has implied or express authority to enact legal relations with the third party can execute legal contracts on the part of the company. In this scenario, the person would be termed as agent of the company and company itself works as the principal. The judgement furnished in the Brick Pipe Industries Ltd v Occidental lie Nominees Pty Ltd case. Moreover, respective statutory assumption can be made on behalf of the third party while creating legal relation with the agent only when the document has been executed under the provisions of section 127, Corporation Act 2001. However, it is the responsibility of the third party to make certain enquiries related to the authorization of the agent. Further, the third party who is not aware about the limitation of the threshold limit of authority of the agent can enter into the contract in the good faith. The third can make assumptions related to the authorization of the conc erned agent under the provisions of section 129. This is in line with the rules of indoor management which have been upheld in the Royal British Bank vTurquand case. Also, a leading case in this regards is highlighted in Panorama Developments (Guildford) Ltd v Fidelis Furnishing Fabrics Ltd. The external or third party can make assumption even if the agent has fraudulently working on the name of company and the company has not informed about revoking the authority of the given agent. In the present case scenario, it is apparent that Chris who is working as one of the directors of the company has issued loan from the bank in order to purchase the neighbouring shop. The amount of loan is $50,000. It is highlighted in the constitution of the company that a director shall be able to enact contract with the third party only for the amount of $100,000. If any contract related to the expense for the goods or/and service, including loan has a contractual amount greater than $100,000, then it is essential that the contractual document must be signed by a director and an authorised board member. However, the bank is not aware about this constitution of the company and has made the assumption under the provisions of section 129 of Corporation Act that Chris has the requisite authority to take the loan. Therefore, the rights of the bank would be protected and the company would liable to complete the contractual obligation. It is because Chris is working as an agent for the c ompany and hence, the principal (company) is bound with the loan contract. Therefore, final conclusion can be drawn as the loan contract made by Chris on behalf of the company has extended the loan contractual liability on the company. Further, if the company would not satisfy the contractual liability then bank has the legal rights to sue company and recover the damages Considering the pivotal role played by the directors in the running of the company and the eventual success or failure, the Corporations Act 2001 has bestowed a host of duties on the conduct of the directors. The most key duty is imposed by s. 180 as which per there is a duty on the part of the directors to act with care and adequate due diligence. Further. S. 180(2) also known as the business judgement rule acts as a defence to decisions taken under s. 180. Thus, any decision which is taken to be in the interest of the company needs to be taken in good faith and by exhibiting faith. Another relevant duty on the director falls under the s. 588G as per which the director should not assume additional debt which can potentially lead to the bankruptcy of the company and thereby should continue to decrease the travelling expense. In the event that any reckless debt would be assumed that the company would have to pay the requisite amount to the bank. Besides, it is essential all the member s especially directors should adhere to the replaceable rules along with taking proactive measures so as to ensure that the affairs of the company are run in appropriate manner. As per the information extended in the case, it is apparent that Chris has assumed a loan of $150,000 even though his authority was limited to a sum of $ 100,000. Apparently, the step taken was in order to purchase the shop available in the neighbourhood at significantly discount prices. However, it seems quite strange as to why didnt Chris try to discuss the matter with the other board members if the project was indeed profitable. It is apparent that there has been a breach of corporations Act as loan has been assumed without adequate consultations with the other partners knowing about the utility of the same, it reflects breach of the constitution considering the clear parameter measured which is also considered. Further, it is imperative to note that the decision to assume incremental debt if did not prove correct could have potentially led to bankruptcy of the company had the strategy not worked. Thus, before assuming the loan, it was critical on the part of Chris to conduct with other investors especially if it was considered to be value accretive for the company. Thus, it is apparent that the conduct of Chris is not in line with the relevant Corporations Act especially because of acting independently. To be in line, it would be imperative that the assumed debt should have been approved by the board of directors before being assumed as the same was not authorised by the Constitution. While the current decision did not backfire, but there are chances of the claim not creating value for investors.

Sunday, April 12, 2020

Sample Five Paragraph Descriptive Essay - Why You Should Use One

Sample Five Paragraph Descriptive Essay - Why You Should Use OneA sample five paragraph descriptive essay is a very effective way to convey the meaning of your written piece to someone else. This kind of essay has many benefits which include the length of time it will take you to finish writing the piece, the simplicity of using it and the fact that it is very quick to create as well. In this article we will discuss some advantages and disadvantages of using a sample essay in the writing process.Writing a quick method helps us write faster, but it also means we have to come up with a great deal of material in a short amount of time. In most cases this kind of essay will be better to use because it is short and easy to read. And in addition, it is easy to understand as well. On the other hand, if your intent is to generate interest in someone else it is a long and drawn out work.These are just two of the many your own advantages and disadvantages of this format. As mentioned before th ere are also disadvantages. The biggest disadvantage of using a sample is that it is more of a 'call to action' than it is the actual content.Often writers who get stuck on the more difficult process of completing their work, will resort to this or other quick methods. A good example of this is when someone is frustrated with a project they are working on. A sample is the perfect solution for this because it provides all the needed information and it is simple to read.When it comes to the actual content, this kind of essay often gets mixed up with others and never really gets read. If you intend to use this in an academic paper, you will likely find it is more appropriate to use a separate style paper with your actual content.Another disadvantage to using a sample is the page count. While it may look like it is short it can become so long that you will not be able to absorb everything you need to know without the need to read everything over again.Those are the disadvantages of usin g a sample. In order to use it effectively, you will want to use a style, content and sentence essay which will not only make your essay shorter, but will provide you with a better chance of reading it correctly.

Saturday, April 11, 2020

The Business Cycle

Introduction Although it is difficult to define the business cycle in one statement, it has one defining characteristic. Belongia (1992, pp. 43), describes the business cycle as ‘characterized by a decline and contraction and a subsequent rise and expansion of aggregate economic activity.’ Economic activity is measured by total employment, output, real income and real expenditures (Belongia Garfinkel, 1992).Advertising We will write a custom essay sample on The Business Cycle specifically for you for only $16.05 $11/page Learn More Although the economic cycle is not a steady phenomenon, it tends to exhibit a steady pattern. First, there is an expansion/incline of above-average growth, followed by a peak, then a contraction/decline of below average growth and finally a trough/low point. This is illustrated by figure 1 in the appendix which illustrates the dynamic state of the economic cycle. Characteristics of the Business Cycle As aforement ioned, the main characteristic of the business cycle is the incline and decline of economic growth. The cycle is affected by total employment, output, real income and real expenditures. Although defined as a cycle, drastic changes in economic situations are unpredictable and they never pursue a perfunctory pattern. Primarily, the growth of an economy is measured using real GDP. According to economists, Gross Domestic Product is the measure of value of all goods and services produced within a nation in a given time (Mankiw, 2009). The business cycle basically represents an incline or decline of real GDP. When there is an incline/expansion along the business cycle, it means there is positive growth of real GDP. On the other hand, during a decline in the business cycle, there is a contraction in a country’s real GDP. Inflation can be defined in general terms as the rise of prices of goods within an economy. When prices of products increase, it indicates that one unit of currency purchases less. In addition, inflation also drives up the cost of production in the country. When cost of production goes up, productivity and nominal GDP go down. If the inflation rate continues to rise over an extended period, real GDP declines. This will be represented in the business cycle by a decline or a trough. Unemployment is defined as a scenario where people who have vigorously searched for jobs for a period exceeding a month are still devoid of a job (International Labor Organization, 2011). The major effect of unemployment is the fact that unemployed individuals have a lesser purchasing power due to decreased/depleted earnings which contributes to inflation. As a result unemployment ends up causing a decline in real GDP (Fleser Dobre-Baron, 2010). Unemployment also reduces a country’s productivity, leading to a further decline in the country’s real GDP.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Analysis: Australia and the United States Real GDP Over the last decade, the economies of Australia and the United States have undergone upsurge and decline due to different factors. In the last decade, Australia’s real GDP rate has been fluctuating at levels of between 1.2 to 4.8%, growth from 2000 to 2006 was in decline but the situation improved in 2007 before anther decline followed. The fluctuating growth in GDP has been contributed by growth in business activities in the country from activities in the mining industry that has keeps changing due to world economic outlook. While the United States has also experienced fluctuating GDP growth rates in the last decade, although its growth has seen more steady periods between the years 2002 to 2008. The growth periods in the US were contributed by good commodity prices and cheaper imports but this changed from 2008 when the US experienced economic meltdown contributed by increased debts and sub-prime mortgage problems. The global economic meltdown of 2008 hit both economies hard, but they have both bounced back. This is shown by figures 4 and 5 in the appendix. Inflation Australia shows a general rise in inflation while the inflation rate in the United States has been relatively stable over the last ten years. Both countries, however, show a significant dip in inflation during the economic meltdown of 2008. Commodity prices plummeted as demand went down for commodities around the globe. Inflation rates in Australia over the last decade have been fluctuating but in between 2002 and 2006, the rates steadied at around 2.8% and 3.8%. On the other hand, the United States inflation rates have steadied at levels of around 2 to 4% with the year 2008 registering the highest inflation of 4%. This is shown by figures 4 and 5 in the appendix. Unemployment Rates Over the last decade the unemployment rates in Australia have been on the downward trend from a high of 6.5% to a low of 4.2% in 2008. This could be attributed to growth in business especially in the fields of agriculture and mining. However since 2008, the unemployment rate has been on the increase due to effects of the economic meltdown of 2008 (Fleser, 2008). On the other hand, the United States has witnessed growth in unemployment rate from a low of 4% in 2000 to the current levels of around 11%. The weak dollar and bad economic environment has seen the collapse of many industries in the United States contributing to high unemployment levels (Data 360, 2011). This is shown by figures 6 and 7 in the appendix.Advertising We will write a custom essay sample on The Business Cycle specifically for you for only $16.05 $11/page Learn More References Belongia, M.T. Garfinkel, M.R., 1992. The business cycle: theories and evidence : proceedings of the Sixteenth Annual Economic Policy Conference of the Federal Reserve Bank of St. Louis. Norwell, MA: Kluwer Academic Publishe rs. Data 360, 2011. GDP-Real (Adjusted) United States. [Online] Available at: HYPERLINK â€Å"http://www.data360.org/dataset.aspx?Data_Set_Id=354† http://www.data360.org/dataset.aspx?Data_Set_Id=354 . Fleser, A. Dobre-Baron, O., 2010. Economic and Social Implications of Unemployment and Opportunities of Diminishing it. Tome VIII, 3(11), pp.72-77. IndexMundi, 2011. Australia GDP. [Online] Available at: HYPERLINK â€Å"http://www.indexmundi.com/g/g.aspx?c=asv=66† http://www.indexmundi.com/g/g.aspx?c=asv=66 . International Labor Organization, 2011. ILO SAYS GLOBAL FINANCIAL CRISIS TO INCREASE UNEMPLOYMENT BY 20 MILLION. [Online] Available at: HYPERLINK â€Å"http://www.ilocarib.org.tt/index.php?option=com_contentview=articleid=1213:ilo-says-global-financial-cirsis-to-increase-unemployment-by-20-millioncatid=205:2008-newsItemid=1318† http://www.ilocarib.org.tt/index.php?option=com_contentview=articleid=1213:ilo-says-global-financial-cirsis-to-increase-unemployment- by-20-millioncatid=205:2008-newsItemid=1318 . Mankiw, G., 2009. Measurement of Gross Domestic Product. In J. Sabatino, ed. Principles of Economics. 6th ed. Mason, OH: South-Western Cengage Learning. p.494. QuickMBA, 2010. The Business Cycle. [Online] Available at: HYPERLINK â€Å"http://www.quickmba.com/econ/macro/business-cycle/† http://www.quickmba.com/econ/macro/business-cycle/ .Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More This essay on The Business Cycle was written and submitted by user Albert Cleary to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Tuesday, March 10, 2020

The Element Tin essays

The Element Tin essays The Element Tin is a soft, silvery-white metal that belongs to group IV of the Periodic Table. Its name may come from the German word, Zinn that describes a soft white metal with a low melting point. It has an atomic number of 50, which also means there are 50 protons in each atom of the element Tin. Tins atomic mass is 118.71. This element can be found in places such as Bolivia, which is the prime producer, Malaysia, Indonesia, Thailand, Zaire, and Nigeria. Its highly crystalline structure gives tin a slight moaning sound when it is bent. Tin has one of the lowest melting points of all metals melting at 449.5F. It remains a liquid until the temperature reaches 4,100F. This is when it turns into gas. Tin is light weighted, ductile, malleable, which means it can be easily bent. With tin being ductile, it can be easily drawn into fine wires or threads. Even though it is relatively weak, when it is mixed with other metals, it can form a wide range of alloys. Tin exist in 3 different forms: gray or alpha, a powdery form of metal stable only at 64F, white or beta, stable between 64F and 322F, and lastly, brittle or gamma, stable between 322F and 449.5F. It also has 10 natural isotopes and 27 artificial isotopes. Although tin is in greater qualities than other metals such, as gold and platinum it still is a rare metal on earth. It only makes up two parts per million of the earths crust. Although some of it is found in its purity, Tin is mostly found mixed with other minerals. One is called cassiterite. Over millions of years the minerals of tin were left in the rocks and were eventually moved by wind, water, and ice. When the minerals were washed and settled on the riverbeds alluvial deposits were formed thus making this the main source of tin minerals. Bronze, a mixture of tin and copper, was the main kind of metal used in the Bronze Age. Countries would sometimes have wars over the minerals used to make this impo...