Essay --

En Marã ­a el trama es ingenuo se portray el love de Efraã ­n y Marã ­a de una manera sincera y inocente hasta que ocurre la muerte de la protagonista. La novela nostalgic se identifica porque siempre tiene una pareja enamorados con diferentes problemas. Donde los hechos se desarrollaron en una forma directa, y aunque Isaacs narra en primera persona, es sabio task lo conoce. Teniendo el conocimiento de lo que ocurre significa que la novela fue creada con elementos autobiogrã ¡ficos con aspectos de su propia vida. Esta novela presenta caracterã ­sticas importantes que utilizan en novelas romã ¡nticas como el romanticismo, costumbrismo y el realismo. En esta novela discutimos en la clase que contiene informaciã ³n autobiogrã ¡fica del autor Jorge Isaacs. El viviã ³ en la casa donde se portray que time la casa de Efraã ­n donde se desarrollo el idilio en la hacienda llamada â€Å"el paraã ­so†. Conociendo detalles del autor hace entender la novela mas, como Isaacs siendo hijo de padres judã ­os igual que Efraã ­n convertido al cristianismo. Ambos estuvieron interesados en las mismas lecturas y estudiaron la poesã ­a, tambiã ©n queriendo ser doctores. En esta novela se caracterizan muchos elementos importantes de una novela romã ¡ntica como la idealizaciã ³n de la naturaleza. La abstracciã ³n del paisaje y la personificaciã ³n caracteriza gran parte de las novelas romã ¡nticas. La cuidad del Cauca donde el autor pasã ³ su niã ±ez y mayorã ­a de su vida es donde ocurre el sentiment, porque Marã ­a fue adoptada por sus padres ella fue a vivir an esa casa. En que los dueã ±os, y esclavos viven del love cristiano. La convivencia es typical a pesar de la diferencia social y econã ³micamente. Igual que la idealizaciã ³n en esta novela el romanticismo estã ¡ representado por varias formas. En ... ...a donde es posible estarlo en esa posiciã ³n. Isaacs expone su preocupaciã ³n por el realismo al prohibir la inhumanidad de lo que time la esclavitud. Las maneras de los personajes realistas se imponen en dos socios de Efraã ­n. Por ejemplo, â€Å"Pude notar que mi padre, sin dejar de ser amo, daba un trato cariã ±oso a sus esclavos, se mostraba celoso por la buena conducta de sus esposas y acariciaba a los niã ±os.† Los personajes Carlos y Emigdio. Los à ºnicos personajes romã ¡ntica as child Marã ­a y la mother de Efraã ­n. Efraã ­n tiene la personalidad de su creador con cierta idealizaciã ³n. El ser perfecto es grande en esta novela, la ambiciã ³n de Efraã ­n y su love imposible hace que separe a los dos. El realismo se nota en esta novela por los personajes menores como los esclavos y la clase baja. Los actores secundarios estã ¡n presentados de una manera realista, y no idealizan nothing romã ¡ntico.

Effect of Color and Word Length on Memory Performance

Impact of Color and Word Length on Memory Performance Unique The reason for this examination was to inspect the impact of shading and word length on memory execution. Seventy nine undergraduateâ college understudies from Disted school, matured from 19 to 23 of both male and female sexual orientations were selected for the investigation. The studyâ was a 32 blended technique plan, There are two free factors in this test which are word length and shades of words,â while the needy variable is memory execution. Results demonstrated that there was no critical change in shaded words onâ memory execution, while contrasts in word length indicated a noteworthy increment in memory execution. The outcomes supportedâ our auxiliary theory which guaranteed that members were more ready to recall shorter words than longer words. On theâ contrary, our essential speculation was not bolstered. Taking everything into account, word length may positively affect memory execution. Presentation It is normal information that we people are more pulled in to brilliant items like pictures or shaded movies than dark andâ white hues. It is likewise notable that small kids, particularly infants and little children are especially pulled in to shinny and strikingâ colors. Such occurrences may have provoked the interest of researchers in the past times to respond to the inquiry why individuals are moreâ attracted to vivid improvement, tragically for the researchers the ability to examine this point isn't promptly accessible as of not long ago. Sinceâ ancient relic, hues on garments not just made individuals look increasingly particular from each other, certain hues likewise motivate stunningness andâ shows status and force. For instance, in the east Chinese rulers have consistently wore gold shading to mean their status as child ofâ heaven, while in the west Roman rulers and the privileged people don purple so show their status in the public arena. In today’s society, a person in the scholarly field is relied upon to have the option to do numerous undertakings, one of the most significant aptitudes inâ our society is to have the option to recollect significant things. For instance, in school we continually need to recall significant termsâ andwords, these data that we have learned is to be tried in tests and tests. Undergrads that don't have goodâ attention center and memory are looked downward on by their instructors and friends since they for the most part fail to meet expectations in their academicâ performance. Luckily for this sort of undergrads, as time progress increasingly proficient strategies for examining and remembering isâ being found or proposed. One of these strategies is mind mapping, the strategy for mind mapping fundamentally utilizes the privilege sideâ (color and innovativeness) along with the left side (words and rationale) of the cerebrum to expand memory execution (Astrid, n.d). All things considered, it very well may be seen that both shading and words could be fundamental segment in memory execution. Working together,â both perspectives could be utilized to help or test the presentation of an understudies memory capacity. Like brain maps, word length andâ different sort of hues could influence the general memory execution. Hypothetical Framework The human psyche has an extremely confounded method of preparing and retaining data. Among the numerous speculations thatâ attempted to clarify how memory functions, Baddeleys working memory model appeared to give perhaps the best clarification. Thisâ model was made by Baddely and Hitch to enhance the somewhat outdated multi-store model, they contended that the multi-storeâ model was excessively streamlined. Their working memory model looks to clarify that momentary memory has segments/subsystems thatâ actively controls data that it gets (Miyake Shah, 1999). The model has four significant parts which were the â€Å"Central Executive†, â€Å"Visuo-Spatial Sketchpad†, â€Å"phonological loop† and â€Å"Episodic Buffer†. They further explained that workingâ memory was comprised of the focal official which controls the activity of two subsystems: the phonological circle and the visuo-spatial sketch cushion. The last segment, rambling support was intende d to be a back up store that interfaces working memory with longâ term memory (McLeod, 2008). The working memory model identifies with shading and word length due to the visuo-spatial sketchpad and the phonological circle. Theâ visuo-spatial sketchpad stores visual data, for example, word shapes and hues for a brief timeframe (Logie, 2002). Ourâ working memory was centered around shading since hued objects of a things leaves a more profound impact on our memory (Cercone Learning, n.d). While, a few people will in general review words better when they articulate it while remembering, their capacity toâ recall is influenced by the word length, which is put away in the phonological circle (Logie, 2002). Past Literature As time passes by increasingly more past research was made to address the issue of shaded words and word length on memoryâ performance. Albeit most research just explored on hued words and memory execution or word length on memoryâ performance, their commitment were exceptionally respected. One such examination was made by Mustafar Dzulkifli (2013), their examination wasâ focused on researching the impact of ground shading on memory execution. In their investigation, they welcomed 90 college understudies , age ranges from 19 to 22 to take an interest in the test. They led their analysis by utilizing between bunch structure, thereâ was three gatherings of member that were given various medications. The principal bunch was given red hued foundation slides, whileâ the second gathering was given foundation slides with no shading. The third gathering was be given foundation slides that have aâ combination of shading and no-shading foundation to be indicated on the other hand. Thei r exploration results found that most shape with coloredâ background will be reviewed better than shape with non-shading foundation. Another examination was made by Campoy (2008) which was made to explore the impact of word length in present moment memory.â The exploration welcomed 50 undergrad college understudies. The examination was led by utilizing two members in every meeting inâ two distinctive sound-lessened stalls. In the corners the PCs shows an upgrade (five-word arrangement study list) introduced in blockâ letters at the rate 300 ms for each word. After a defer 3,000 ms, the subsequent succession (test list) was appeared in lower case at the sameâ speed. In conclusion, a question mark was uncovered and the members will squeeze key â€Å"1† or â€Å"2† when they chose the word arranges in bothâ series were extraordinary or same. Results uncovered that a rundown of short four-phoneme words were preferred recollected over an arrangements of longâ six-phoneme words. Among the numerous past research, there was one research that stands apart the most. Research done by Le Castillo (2009) wasâ meant to explore on the impacts of shading and word length on verbal working memory. In this exploration, 61 business professionalsâ were welcomed to take an interest. The exploration was led by first mentioning members to remember short words (12 seconds) andâ long words (30 seconds), at that point members were mentioned to review short words inside 24 seconds and long words inside 60â seconds. Members was then approached to do segment polls and incorporate them along with their answer papers. Theâ results demonstrated that five-syllable words were the most difficult to recollect, with memory execution distinction substantially more obviousâ between Caucasians and none-Caucasians. Depiction of Study In this examination, we were very different contrasted with past investigations since we concentrated on both length of words and shade of words,â as expressed in our ERB (allude to Appendix D) Compared to past research like the one done by Huchendorf who mostly centers around theâ effects of shading on memory or the one done by Neath Naire that was centered around word length and momentary memory, our own wereâ more complex and in-dept on the grounds that we dissect the two viewpoints. Among the numerous examinations that was made, our test mostâ resembles the one by Le Castillo. In Le Castillo, one of the fundamental angles they examined was the limit of memory amongâ sixty one business experts. Contrasted with their trial, our examination not exclusively was centered around an alternate example, whichâ isthe undergrad test, we likewise have a bigger measure of members which gives us a more prominent assortment of culturalâ backgroundand memory ability. The point of this examination was to research the impact of shading and word length on memory execution. Our examination wasâ conducted by isolating every one of our members into two similarly enormous estimated gathering, at that point the members were coordinated to the short wordâ or long word test space to do the trial. In the rooms the members were given one moment to endeavor to retain asâ many words as they can and afterward given one more moment to review and record the words they can recall, members wereâ thengiven one moment to chill off and rest before beginning the following treatment. In our examination, we plot two speculation thatâ waswritten in our ERB. In light of past research by Huchendorf (2007), Le Castillo (2009) and Neath Naire (1995), weâ hypothesized that warm hued words is simpler to recollect than cool shaded words and shorter word length is simpler to beâ remembered than longer word length. Functional Implication of Study A ramifications of this examination was that the finding could be utilized in study halls to help instructors and teachers in guidingâ students. Educators can utilize this information to show understudies on doing mind maps and instruct them to utilize highlighters to highlightâ certain words, the featured words will build the ability of an understudies memory. Techniques Structure The investigation was an exploratory sort look into plan that was intended to in

Generic Medications to Treat Your ADHD at Lower Cost

Generic Medications to Treat Your ADHD at Lower Cost ADHD Treatment Print Generic Medications Used to Treat ADHD By Michael Bihari, MD Michael Bihari, MD, is a board-certified pediatrician, health educator, and medical writer, and president emeritus of the Community Health Center of Cape Cod. Learn about our editorial policy Michael Bihari, MD Medically reviewed by Medically reviewed by Richard Fogoros, MD on July 03, 2015 Richard N. Fogoros, MD, is a retired professor of medicine and board-certified internal medicine physician and cardiologist. He is Verywells Senior Medical Advisor. Learn about our Medical Review Board Richard Fogoros, MD Updated on December 05, 2019 ADHD Overview Symptoms Causes Diagnosis Treatment Living With In Children Generics can save you money.  EHStock/Getty Images Most commonly, attention deficit hyperactivity disorder  (ADHD) is diagnosed in children and this condition often persists through adolescence and later adulthood. The medications that are most commonly prescribed to treat ADHD are  stimulants, though non-stimulants are available as well.?? While many are brand-name drugs, lower-cost generic alternatives may be more affordableâ€"if theyre not already required by your insurance provider. Common Medications Children with ADHD fall into three categories: primarily hyperactive-impulsive, primarily inattentive, or a  combination of the two. Although some people with  ADHD  outgrow the disease, its estimated that as many as 80 percent of people carry the condition through adulthood. Adults with ADHD are by and large not hyperactive and instead inattentive.?? The majority of the  medications for ADHD can be purchased as generics and that  name is in parenthesis. Medications are a big part of treatment for both adults and children. The stimulants your doctor may prescribe include:?? Adderall and Adderall XR (amphetamine and dextroamphetamine)Concerta (methylphenidate)Daytrana (methylphenidate)Desoxyn (methamphetamine)Dexedrine (dextroamphetamine)Focalin and Focalin XR (dexmethylphenidate)Metadate CD and Metadate ER (methylphenidate)Methylin and Methylin ER (methylphenidate)Ritalin, Ritalin LA and Ritalin SR (methylphenidate)Quillivant XR (methylphenidate)Vyvanse (lisdexamfetamine) The following nonstimulant medications may also be prescribed for ADHD treatment when an individual does not respond well to stimulants: Intuniv (guanfacine)Kapvay (clonidine)Strattera (atomoxetine) Of note, the XR, ER, and LR designations indicate extended-release preparations. Furthermore, Ritalin SR is a controlled release form of Ritalin. Cost Differences Brand-name drugs are expensive. Generic medications are low-cost alternatives that, for most people,  work just as well as brand-name drugs.?? For example, a report from the Agency for Healthcare Research and Quality  compares a 10 mg tablet of Adderall with the generic equivalent at a cost difference of $113 per month to $45 per month.   Of course, these costs can vary over time and be dependent on your pharmacy and insurance coverage. This single comparison does not reflect the potential savings for every generic medication, either. In many instances, though, switching to such generic medications can save you hundreds or thousands of dollars on ADHD treatment each year. As compared with generic equivalents, it can cost several times more to purchase extended-release preparations. Although it may be more convenient to take extended-release versions because fewer doses are needed, you may be able to save lots of money by switching to shorter-acting alternatives. Effectiveness Some people are concerned about the effectiveness of generic medications versus brand-name options. Each generic medication goes through the same level of scrutiny and approval process by the U.S. Food Drug Administration (FDA).?? The FDA states that a generic medicine works in the same way and provides the same clinical benefit as its brand-name version. In order to be approved for use, it has to have the same safety, strength, quality, performance, and intended use. However, just as switching from any medication to another, some people will not have the same reaction to a generic drug as they would to the brand-name equivalent (and vice versa). Whenever you and your doctor decide to change to a different medication, its important that you monitor yourself or your child for any changes. When you change a medication, bring up anything you noticeâ€"including side effectsâ€"to your doctor so he can make adjustments as needed. This may include a dosage change or trying a different medication until you find the right one for you. ADHD is a very individual condition and requires individualized treatments. Payment Support If youre having trouble paying for ADHD medications, inform the prescribing physician and ask about generic alternatives. The physician can offer you options and alternatives that may lower the cost of ADHD medications. For example, many large pharmacy retailers offer a value formulary which can be prescribed for less cost. Moreover, patient assistance programs are also available in many communities and can subsidize the cost of treatment. A Caution About Stimulants The use of stimulants to treat adults with ADHD is less well understood. Despite accounts of stimulants working in adults, concerns about the efficacy and safety of stimulant use in this population cloud the picture. Specifically, some research suggests that adults with ADHD who take stimulants are at increased risk for palpitations,  anxiety, and increases in blood pressure.?? A Word From Verywell Treating ADHD with medications often requires patience and open conversations with your doctor. If you have concerns over the cost of medications, bring these up during your appointments, along with any questions you have about side effects. By working together, you can find a treatment that will help.

Analysis Of Takashi Murakami High And Low - 1961 Words

Eli Brennan 12/1/16 Takashi Murakami: High and Low Post-war Japanese society is a world where High and Low art is blurred together by otaku, such as anime, and social class. However, Takashi Murakami straddles the line. Murakami spills a mix of Nihanga and Otaku into the canvases, plastic toys, handbags, shoes, etc; endorsing his own theory/style named â€Å"Superflat†. Using strategical subject matter such as popular Japanese comic figures combined with ukiyo-e(traditional Japanese block prints), and addressing these contrasting qualities to outside cultures; Murakami intensifies what Pop Art accomplished, art versus material. On other feelings, one could argue that â€Å"Superflat† isn’t a unique, Japan-identified style, that â€Å"Superflat† is a humiliation to the Contemporary Art world because of its commercialism. Lastly, that is a continuation of the already well developed Pop Art. On the supporting side, Murakami’s â€Å"Superflat† is a high-energy, cross-culture style that serves as a new way to represent the high and low of art that is considerably unique to Japan. To support this, Murakami’s past and present artwork will have to be established chronologically to illustrate how the timeline affects his work. Considered one of the more known names in the contemporary art world, Japanese artist Takashi Murakami s work is popping with overly saturated colors and otaku, making it immediately recognizable. Born in Tokyo in 1962, MurakamiShow MoreRelatedEssay about Louis Vuitton Moet Hennessy Case6620 Words   |  27 PagesTable of contents Executive Summary 3 Introduction to LVMH 4 Challenges 5 SWOT Analysis 7 Company Analysis 8 Porter 5 Forces Model 13 Industry Analysis 14 Alternatives 17 Recommendations 23 Endnotes 27 Executive Summary Louis Vuitton Moet Hennessy, a luxury goods provider is looking to expand their brand dominance in Asia. In order to expand successfully LVMH must evaluate challenges that may ariseRead MoreLvmhs Diversification Strategy Into Luxury Goods5810 Words   |  24 PagesTABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY3 2.0 INTRODUCTION3 2.1 Background to Organization3 3.0 ANALYSIS3 3.1 Porters 5 Forces (Model of Competition)3 3.2 PESTEL (External Analysis)5 3.3 SWOT6 4.0 KEY FINDINGS OF ANALYSIS/PROBLEM IDENTIFICATION/ KEY STRATEGIC CONCERNS6 4.1 Vertical Integration6 4.2 Diversification7 5.0 POSSIBLE SOLUTIONS amp; STRATEGIES.8 7.0 CONCLUSION9 8.0 APPENDICES11 Appendix 1: Porters 5 Forces11 Appendix 3: Luxury Goods Group amp; Brands Top Ten Competitors13 Appendix 4: IndustryRead MoreLouis Vuitton MÃÆ' ¶et Hennesey (Lvmh)5826 Words   |  24 PagesABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY3 2.0 INTRODUCTION3 2.1 Background to Organization3 3.0 ANALYSIS3 3.1 Porters 5 Forces (Model of Competi tion)3 3.2 PESTEL (External Analysis)5 3.3 SWOT6 4.0 KEY FINDINGS OF ANALYSIS/PROBLEM IDENTIFICATION/ KEY STRATEGIC CONCERNS6 4.1 Vertical Integration6 4.2 Diversification7 5.0 POSSIBLE SOLUTIONS amp; STRATEGIES.8 7.0 CONCLUSION9 8.0 APPENDICES11 Appendix 1: Porters 5 Forces11 Appendix 3: Luxury Goods Group amp; Brands Top Ten Competitors13 Appendix 4: IndustryRead MoreCase Study LVMH, Strategy and future: Diversification.5524 Words   |  23 PagesTABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY3 2.0 INTRODUCTION3 2.1 Background to Organization3 3.0 ANALYSIS3 3.1 Porters 5 Forces (Model of Competition)3 3.2 PESTEL (External Analysis)5 3.3 SWOT6 4.0 KEY FINDINGS OF ANALYSIS/PROBLEM IDENTIFICATION/ KEY STRATEGIC CONCERNS6 4.1 Vertical Integration6 4.2 Diversification7 5.0 POSSIBLE SOLUTIONS STRATEGIES.8 7.0 CONCLUSION9 8.0 APPENDICES11 Appendix 1: Porters 5 Forces11 Appendix 3: Luxury Goods Group Brands Top Ten Competitors13 Appendix 4: IndustryRead MoreMarketing Principles of Louis Vuitto n4314 Words   |  18 PagesProducts with InorganicSerial Numbers PRODUCT 18:Principleof Ostentation 4. Set of Principles for PRICE Next we consider Price (pricing). General marketing demands low prices. This is achieved by reducing costs and off-shoring production to China and elsewhere. Louis Vuitton handbags, on the other hand, are priced high. Such high prices arc unnecessary for merely stowing and carrying things. In essence,the Louis Vuitton difference is value, not price-this being absolute value, not relativevalueRead MoreLuxury Brand Strategy of Louis Vuitton6776 Words   |  28 Pagesthe Masses LV bra nd is ai med at homes which esteem the brand’ s historical rese rves and gi ve precedence to traditional artisanship rather than mass production via machines. For this brand LV does not reach out to consumers who cannot purchase the high priced items in its collection line. This haughty attitude, which could be called highhanded, can be d escribed as th e an tithesis o f â€Å"m arket-in† (th e cu stomer is always right), or â€Å"p roduct-out† (lording it over one’s business owing to a privileged

The Doctrine of Ultra Vires under Malaysian Company Law - Free Essay Example

Sample details Pages: 8 Words: 2344 Downloads: 3 Date added: 2017/06/26 Category Best Score Essay Type Analytical essay Did you like this example? Discuss the doctrine of ultra vires and its effect in Malaysian Company Law. According to s18 Contract Act 1965, every company formed should have a memorandum printed and divided into paragraph and with the date stated. In s18 (b) Contract Act 1965, it shows that the requirement of the Memorandum of Association (M/A) required a statement of object clause. The object clause can be used to describe the nature of the business such as manufacturing business, merchandising business or service business. Don’t waste time! Our writers will create an original "The Doctrine of Ultra Vires under Malaysian Company Law" essay for you Create order Besides, it also show the company power, its purpose and the legal capacity of the company.[1] Furthermore, the purpose of the object of M/A should be lawful as stated in s14 (1) Company Act 1965. The consequence of unlawful purpose and incompatible to peace, welfare, security, public order, good order or morality in Malaysia will be Registrar of Company will refuse for the registration of the company as followed to s16(8)(a) Company Act 1965. As it has been stated that object of M/A function as recognize the legal capacity of the company, in the same time, it has limited the company which it require the company to act based on the statement. If the operation of the company is different with the object of M/A, ultra vires will be recognized. Ultra means à ¢Ã¢â€š ¬Ã…“beyondà ¢Ã¢â€š ¬Ã‚  whereas vires means à ¢Ã¢â€š ¬Ã…“powerà ¢Ã¢â€š ¬Ã‚  where ultra vires happened when an act is against the object clause. Although the company want to ratify the act, the act is void at initio. This can be further explained by the common law and statue. However, if the company wants to prevent ultra vires, the company must alter the object clause. There are certain requirement as stated s28 Company Act 1965. In s28 (1) Company Act 1965, it stated that alteration can be made based on a special resolution. Besides, by holding this special resolution, members and debentures holder of the company should be given 21days of notification to the special resolution as according to s28 (2) Company Act 1965. Common Law The doctrine of ultra vires under common law refers to the rules that company must act within their objects clause that is stated in the memorandum of association. Any activity that is outside from the company capacity is void. Neither the company nor the third party could enforce this. In other words, ultra vires act is void and the contract cannot be ratified even if the company wishes to. Under common law, the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s contract is void due to internal or external context. Externally, when a third party contracting with a company, if the contract was not fulfill the objects of company that stated in memorandum of association, then the contract was ultra vires and void. Internally, if the company and the director enter into an ultra vires contract, the company may immediately stop the act of the director and claim damages from the director who breach his fiduciary duties by entering into the contract which is outside from the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s capacity. If the company could not fulfill the main object in their memorandum, then they would have to be wound up. According to Ashbury Railway Carriage Iron Company v Riche (1875) LR 7HL 653, the case stated that the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s objects in their memorandum was to make, sell and hire railway carriages. The company entered into contract with Riche and the contract was approved by the shareholders at general meeting, then the company agreed to give Riche and his brother a loan to build a railway in Belgium. After that, the company changed their mind and refused the agreement. Riche sued the company. The court held that the construction of a railway was ultra vires, because construct a railway was not stated in their companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s memorandum of association. Thus, the contract is void because the construction of a railway is outside from the company capacity. Furthermore, since it is outside from the company capacity, so the company could not ratify the contract. Therefore, ultra vires exist and the contract is void even if all of the shareholders approved the contract. From Ashbury Railway Carriage case, we can see that the company could not sue or be sued by the third party for not performing the contract. This is because the contract is null and void. Thus, the company could avoid for not performing the contract and could not be sued by the third party because it is outside form the companyà ¢Ã¢â€š ¬Ã¢â€ ž ¢s capacity. Although it seems unfair for the other party but the object clause of a company is available at public for inspection. The other party should have checked whether the company has the capacity to enter into contract with them or not. Need to say if company itself can sue the director and SH? Shareholders pay less concerned on the corporation on how the director corporate as long as the business generates dividend to them. However this will put the creditor in high risk. This is because if the creditors credit sales the goods and services to the particular company, and the company has insolvent in later dates, the creditor could not claim any debts. Common law stated that an ultra vires act is null and void to protect the member or the creditors of the company who has invested the money into the company and expect the investment is only used for the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s business. According to Cotman v Brougham (1918) A.C. 514, the objects clause of company c ontained 30 sub clauses, however, the first sub clause stated the company to develop rubber plantations. In the fourth clause, it empowered the company to deal in any shares of any company. Besides, the memorandum also stated that each sub clauses acts as the independent objects for the company. The company underwrote and had allotted to it shares in an oil company. After that, the oil company wound up and their company was on the list of contributories. The question arose is that whether this is intra vires the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s objects. The court held that the 30 independent object clause in the rubber companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s memorandum was an independent. Hence, the power to deal with the share in an oil company was within the legal power. Therefore, the company is liable for the underwriting. From the Cotman case, the company did not clearly specify the main object where constitution of Memorandum are not limited by using plain business language. Companies could n o longer avoid a contract based on the grounds that it was beyond the company objects which they have been done in the traditional ultra vires doctrine. This has increased a wider range of object clauses in the Memorandum as a result of each sub clause is independent which are not interrelated with the main clause. Hence, the object are not restricted to review on the main clause. This has rendered the companies to introduce a standard type of object clause to render almost all potential commercial objectives intra vires. Position under Companies Act 1965 According to s20 (1) of Companies Act 1965, any act or transfer of property that made by the company shall not be invalid with the reason that company dont have the power or capacity to do act. The effect for this section is transaction will become irrelevant with the fact that the company did not have the capacity to enter into it, even though a certain transaction is otherwise valid. Besides, the company can sued or be sued as acts against its object clause. In order to protect the interest of the shareholders and creditors, s20 (2) Companies Act 1965 has provided the remedies to restrain the ultra vires act. According to s20 (2) (a) Companies Act 1965, company is liable if a member of the company or the company itself has issued the debentures are available with a floating charge. The shareholders and debenture holders can sue the company for the taking any action outside the company and they can claimed the compensation from it. Besides, it also stated that the relief of s20 Companies Act 1965, the ultra vires only apply to specific person and not an outsider as refer to Pamaron Holdings Sdn Bhd v Ganda Holdings Bhd [1988] 3 MLJ 346. According to Pamaron Holdings Sdn Bhd v Ganda Holdings Bhd case, the Plaintiff and the Defendant entered into an agreement for sale and purchase of shares in a private limited company. The Defendant defaulted in the payment of the purchase price and the plaintiff applied for summary judgment against it. In opposing the application, the defendant proclaim that among the transaction was ultra vires the plaintiff company. Allowing the application, the court held that under s.20 a person other than a debenture holder or the minister may not raise ultra vires. The defendant being an outsider and not a debenture holder or the minister had no right under the section. The Defendant was liable for not being able to settle the payment of the purchase price. The Defendant also didnt purchase any shares or debentures from the Plaintiff Company, thus it cannot raise ultra vires. Defendant should purchase the shares or debenture from the plaintiff in order for the defendant have the right to raise ultra vires. From this case, only the person that are sufficient proximate to the company can apply ultra vires. Ultra vires is an action This act will only available to the contract that has been entered, yet to be completed as refer to the Hawkesbury Dev elopment Co Ltd v Landmark Finance Pty Ltd ( 1969 ) 2 NSWR 786. According to Hawkesbury Development Co. Ltd v Ladmark Finance Pty Ltd case, Plaintiff holds all of the shares in the Landmark Finance Pty Ltd. Landmark Finance has issued two debentures to United Dominion Corp (UDC). A request has been sent to court by Plaintiff about declaring both debentures to be invalid due that it is a company object ultra vires. Plaintiff also request that the court to prohibit the enforcement of UDC of the debentures. However, application that request by the plaintiff is rejected and the approval of court to void the declaration of the UDC had failed to be obtained. Due that the plaintiffs are the shareholders of the Landmark Finance, the application should make to Landmark Finance instead of UDC is a third party. If the company is make the act of ultra vires by issuing the debentures to the outsiders, the shareholders or debenture holders have the right to sue the company. However, s20 (2) (a ) Companies Act 1965 does not given its protection to debentures holders that secured by float charge and creditors who did not have any charge. According to s20 (2) (b) Companies Act 1965, officers are personally liable for any action taken by member of the company or the company itself. The shareholders or the company itself can sue the officers either former or current that who committed any Ultra Vires transactions which must be completed and realized. However, if any law suit against the officer will not affect the validity as stated in s20 (1) CA 1965, the act will be valid to the ground. According to s20 (2) (c) Companies Act 1965, any petition that may conducted by the Minister to the court to wind up the company that had committed ultra vires actions. The court will conducted its discretion when the company has changed the business totally from its original business. According to s20 (3) Companies Act, if any party has suffered any damage or loss due to the unautho rized act or transfer is yet to be performed and to be restrained under s20 (2) Companies Act 1965, the parties who have sustained the damage can be compensated. By comparing the common law and Companies Act 1965, under the doctrine of ultra vires, it is prefer to go for common law. This is because, under common law, the act of ultra vires is null and void, so the company could avoid for not performing the contract which is outside from their capacity. Besides, the company could not sue or be sued by others party just because they did not perform the contract. However, under the Companies Act 1965, it provides completed transactions remain valid as between the company and the third party and both of the party may sue each other. Letà ¢Ã¢â€š ¬Ã¢â€ž ¢s compare the case of Ashbury Railway Carriage Iron Company v Riche under common law and the case of Hawkesbury Development Co Ltd v Landmark Finance Pty Ltd under Companies Act 1965, we can see that under Ashbury case, the ultra vir es are meant to protect the company by voiding the contract because it is outside the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s capacity. The other party could not sue the company although they had entered into the contract because ultra vires exist. Whereas, under the Hawkesbury case, the plaintiff failed to declare the debentures to the third party although it is a company object ultra vires because the plantiff are the shareholders of the Landmark Finance and it should make declaration to Landmark Finance instead of the third party. Conclusion For under the common law, the contract entered by the director of the company or the company itself is ultra vires, the contract is considered void due that it is beyond the companys capacity to perform it. If the contract made by the company with the third party is not fulfill the objects of the company that stated in memorandum of association also considered as ultra vires thus become void. When the contract has become void, the company could not sue or be sued by the third party for not performing the contract. For under the Companies Act 1965, any act that made by the company cannot be declared as invalid by using incapable to perform the act as an excuse. The transactions still remain valid between both the company and the third party that they may able to sue or be sued by each other. Thus, both companies and the third party should consider the capabilities of the company to perform the any act from the contract in order to avoid any ultra vires that may happen and cause the loss to the creditors, shareholders, debenture holders or any related parties. [1] Pg 205 principle of business law and corporation

A Brief Note On The Agency Of Environment And Forest Essay

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The Hip-Hop Defense free essay sample

Everyone has an pollen about the Influence of helphop music on our nations youth. Many people, such as politicians and the ultra conservative, feel the influence is destructive and incites violent behavior. Some people, for instance the media, believe hip- hop glossaries inappropriate behaviors and actions while promoting the demutualization of women in general, but more specifically black women.Few people are willing to speak out and defend hip-hop music as communicative form of art. In the article In Defense of HIP Hop Kathleen Renter argues people, young and old like, are hasty to blame hip-hop In Justification of their atrocious tirades, actions, and behaviors without fully understanding what hip-hop is, and what it represents. The B word, HCI, and trick are Just a few of the demoralizing and degrading slang words spoken in relation to women in some hip-hop music.Renter uses national radio personality Don Mimes April 4, 2007 racially insensitive verbal degradation against a female basketball team as an example of how hip-hop Is a scapegoat to justify Inappropriate and offensive comments and actions. We will write a custom essay sample on The Hip-Hop Defense or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Renter sakes note of the fact that Emus has a documented history of making insensitive and sometimes racial comments. If the history of Don Mimes comments reflect a pattern of disrespect, degradation, and insensitivity how can hip-hop now be blamed for his April 2007 tirade.In the immediate aftermath of the Emus Incident long-standing opponents of hip- hop music resurfaced to once again place blame on the music and the culture instead of on the individuals. Although some critics and activists were courageous enough to lay blame solely on Don Emus, others such as AH Sheraton, came out in offense of Emus stating although Emus s behavior and comments were wrong, he shouldnt be held accountable when entertainers of the hip-hop industry are not. As far back as 1970 the devil made me do it! An expression popularized by a fictional character of comedian Flip Wilson, has been the prevailing comic excuse for misdeeds. Renter entertains the Idea of hip-hop as the equivalent of the devil In that expression, she further Implies the music Is representative of hip-hop rust surroundings and environment. Anger at a lack of understanding the music before indenting it is Reentries reaction to the prejudice against hip-hop music, something everyone has done at one time or another.World famous hip-hop artist Outpace Shaker was instrumental, even after death, In Reentries decision to re evaluate her thoughts and stance on hip-hop. Tubas posthumous documentary was a vital factor In her decision to re evaluate the music and the culture. The influence of that documentary so profoundly affected Renter she devoted a section of her teaching curriculum to the study of hip-hop. Outpace Shakers documentary altered Renters entire perception of hip-h op as a music and a culture. Her eyes were opened to the meaning of the lyrics as expressions of the lives of the artists.She further states the artistic side of the music Is representative of various aspects of society, politics and spiritually as well as bridging a gap to the deferent Nell-known female hip-hop artist, and actor Bruce Willis funded a project titled The Hip-Hop Project detailing a young mans plea to the youth of his community to share their life stories and experiences through the art of hip-hop. The focus of the project encourages the group to produce a realistic and vivid image of their everyday life in the form of words and music.With the support of Bruce Willis and other well-known figures in the hip-hop industry the album was completed to the satisfaction of all parties involved. Reentries accolades to the success of the CD, indicates her complete change of mind of the subject of hip-hop. Overall, the article In Defense of Hip-Hop shows the authors willingness to open her mind to learning things she doesnt understand. Her allusions to hip-hop as a form of social commentaries to ridge the differences of society, reflects the knowledge she ascertained on her Orkney of self-discovery.