About essay writing in english
Interesting Concept Essay Topics
Tuesday, August 25, 2020
The Scientific Method Free Essays
The Scientific Method is a complex, yet straightforward procedure. It was intended to support researcher and consistently individuals who face issues concoct a sensible and tried arrangement. As indicated by creators Pruitt and Underwood (2006), The Scientific Method is characterized as ââ¬Å"the set of techniques that structure the sane way to deal with examining the common world. We will compose a custom paper test on The Scientific Method or on the other hand any comparable subject just for you Request Now â⬠This technique can be applied to something managing science or something that manages regular day to day existence. In the beneath sections, this essayist will clarify the logical strategy and how it was utilized to accomplish brings about an electronic trial just as a genuine circumstance. This essayist would start the online test by investigating and find why plants develop towards the light. When the consequences of the inquiry are assembled, this author would deliver a theory. The conceivable theory is; plants develop toward the light since it is a basic piece of the procedure known as Photosynthesis. This writerââ¬â¢s forecast is that if a plant is set to develop close to a window, the plant will lean toward the light. For the investigation, this author would put three plants on a table with a window to one side of them and three plants on a table with a window to one side of them. Throughout three weeks, this author will watch and report the plants response to the light getting through the window. After cautious audit of the data reported, this author can securely presume that the plants with the window to one side of them, developed bowed toward the light and the plants with the window to one side of them developed bowed toward the light. This data underpins my speculation that plants develop toward the light to help with the Photosynthesis procedure. There were numerous issues that this author could have tried, however chose to test the most significant one of all. This writerââ¬â¢s little girl is at the phase in her life where she is removing her spoil, yet won't become potty prepared. What is causing this? Much the same as different guardians and researchers, this inquiry originated from a difficult that required an answer. Through close to home experimentation just as data accumulated through optional sources, this author thought of successful approaches to potty train their little girl appropriately. While watching the youngster, this essayist noticed that at whatever point the kid expected to utilize the washroom, she would fold her legs. After the kid would get some kind of drink, around 20 minutes, she would again begin to fold her legs. It turned out to be extremely evident that the youngster was exceptionally prepared to get potty prepared. Through these perceptions, this essayist created her theory. On the off chance that this author puts the kid on the pot 20 minutes after she ingests any kind of drink, the kid will steadily get potty prepared. This essayist attempted this strategy for potty preparing for two days. During those days, the youngster did effectively utilize the pot at the occasions this author put her on it, yet the kid despite everything had mishaps on herself. With this data, this author inferred that their techniques were fruitless. This essayist explored potty preparing strategies to build another theory. As per the Mayo Clinic site (1998-2011), ââ¬Å"when you notice signs that your youngster may need to utilize the can, for example, wriggling, hunching down or holding the genital territory react rapidly. When the kid effectively utilizes the latrine, there ought to be some sort of recognition. A few people use stickers on a diagram and others give exceptional treats, for example, candy or an additional sleep time story (Infant and little child wellbeing, 1998-2011). With utilizing these procedures just as removing all fluids that the kid gets at eight oââ¬â¢ clock each day, this essayist has discovere d that the youngster has not made some day memories potty mishap in three days. Predictable checking of youngsters while effectively attempting to potty train is the most significant activity if victories are wanted. While potty preparing is no little accomplishment, each parent who handles this undertaking realizes that few out of every odd parent is the equivalent and not all strategies work for each youngster. This is something that will be found out on a made to order base. While the two investigations directed are radically extraordinary, they are both comparative in the way that the two of them followed the Scientific Method. With a sound speculation and a hunger for information, utilizing the Scientific Method will consistently give substantial outcomes upheld by science. References Potty preparing: How to take care of business. (1998-2011). Baby and little child wellbeing. Recovered on March 24, 2011 from http://www. mayoclinic. com/wellbeing/potty-preparing/CC00060 Pruitt, N. L. , Underwood, L. S. (2006). Bioinquiry: Making associations in science (third ed. ). Hoboken, NJ: John Wiley Sons, Inc. Stein Carter, J. (1996). The Scientific Method. Recovered on March 24, 2011 from http://science. clc. uc. edu/courses/bio104/sci_meth. htm Instructions to refer to The Scientific Method, Papers The Scientific Method Free Essays The procedure of the logical strategy is one that includes scrutinizing the thinking behind the outcomes. Every one of the means to scrutinize a planted aquarium was developed under profound idea and individual encounters. The procedure of the logical technique can apply to a logical report. We will compose a custom article test on The Scientific Method or on the other hand any comparative point just for you Request Now Remembered for this paper is the logical strategy for a planted aquarium and a genuine case of the clarification of how a plant reacts to light. With the plant either reacting to common daylight or counterfeit light and seeing which becomes the most beneficial. Beside the science hindsight, this can likewise apply to something that is utilized every day. Along these lines, in cautiously making an examination one ought to have the option to acquire the consequences of their perceptions. These are the means that were acquired from the class site: Observation: Have you at any point seen on the off chance that you place a plant close to a window, that inevitably, the plant develops or inclines toward the window? Question: Have you at any point asked why the plant develops toward the window? Speculation: What reasons or factors would you be able to list that may make a plant lean or develop toward a window? For instance I think plants react to the light from which they assimilate some required supplement. Expectation: If the facts confirm that plants react to the light from which they assimilate some required supplement at that point grow three plants in the light and three plants in obscurity at that point see a distinction or alter in the course the plant is developing/inclining. Results: The leaves of the three plants in the light remained green while the leaves of the three plants in obscurity turned light yellow. To test this investigation I would initially attempt to make sense of if the plant reacts to the light or dull. I would attempt to get it far from the window first to see the response of the plant. At that point I would attempt to return the plant in the light and test to check whether the plant assimilates any supplements while in the light. Recording a theory after each investigation would be useful to my trials so I can make certain of what is working best and attempt an alternate technique if conceivable. I would most likely express that my theory of the plant inclining towards the light is the thing that I would use as my expectation. Any kind of plant would lean towards characteristic light since they can ingest supplements that help them flourish. Substrate for planted aquariums can likewise be utilized as an enhancement for the plant, yet plants need light so as to keep up their shading. I would record and save my information for quite a long time so as to acquire legitimate outcomes. Estimating the temperature of the planted aquarium is additionally advantageous as most freshwater plants are tropical and carefully need a hotter aquarium to keep developing. Utilizing development equations and diagrams can assist me with making a superior spreadsheet as a general perspective on the accomplishments of developing plants. In checking on the outcomes, I would have the option to get some conclusive outcomes about my perceptions. I would infer that perceptions were right when I anticipated that the plants would react to the light. I would then additionally test plants in various temperatures of water while removing some from the normal light and leaving them in substrate in fake light. I believe that my speculations would demonstrate right if I somehow happened to leave the plants in regular daylight and demonstrate that they need the glucose supplement to flourish. A genuine model was the point at which I worked at a pet store. Tropical freshwater plants were intended to have at any rate 12 hours of incredible counterfeit light all together for the plants to endure. Light in some aquariums is suggested that it ought not be excessively ground-breaking as it might draw in green growth. Beside the light, they were given plant substrate and a few plants were not completely submersed into the water while others were. One day when the light over the plant tank that was holding all the plants went out, it was out for two days. The plants gradually began losing their leaves and the plants were yellowing in light of the fact that they had no supplements from the light. At the point when we set the plants into the fish tanks, the plants gradually began to develop their leaves again and recovered their shading. Taking everything into account, regardless of how you utilize the logical technique there will consistently be considerations and thoughts that meet up thusly giving the individual their outcomes. Keeping record of accumulated plans to coming up with a speculation and afterward demonstrating your outcomes will prove to be useful and demonstrate that a specific technique works. One ought to painstakingly design out what their arrangement is for an investigation so they can effectively demonstrate their outcomes. References http://www.sciencebuddies.org/tutoring/project_scientific_method.shtml Step by step instructions to refer to The Scientific Method, Essay models The Scientific Method Free Essays The logical technique is a theory driven procedure of request. T
Saturday, August 22, 2020
Business Report_ Informative report Case Study Example | Topics and Well Written Essays - 1000 words
Business Report_ Informative report - Case Study Example For motivations behind clearness, these have eventually been separated into 3 key zones: Cleanliness, Quality of Food, and Quality of Service. All things considered, the procedure segments will focus on every one of these regions and relate how the testing of workers felt with connection to every last one of these. A 90% reaction rate was accomplished with more than 500 workers initially tested. As a methods for understanding the center parts of disappointment, the investigation itself was of a to some degree constrained extension as a way to try to answer the most problems that are begging to be addressed that right now face the cafeteria and those inside the firm that utilize its contributions. From this inspecting the accompanying key data has been resolved with respect to the procedure determinants that have been gauged: 98% of respondents demonstrated that the degree of tidiness inside the cafeteria was unsuitable; key concerns revolved around grimy floors, unsanitary fixing segments, and unclean floors and eating utensils. Extra worries with connection to tidiness comprised of concerns identifying with the individual neatness of the food arrangement process and the kitchen/cafeteria laborers themselves. Essentially, completely 80% of workers felt that the nature of the food that the cafeteria offered was of a poor sort. Key worries that were expressed rotated around food being oily, excessively salty, ineffectively cooked, inappropriately prepared, tasting old, as well as being stale. Of the reactions, it is intriguing to take note of that none of these were concentric around the absence of decision or absence of decent variety in the contributions that are made. Rather, they were completely worried about the level to which the food speaks to poor planning, flavoring, or care. At last, 76% of the workers tested noticed that the general nature of the administration that they got inside the cafeteria was poor or unacceptable. Prime reasons were concentric upon morose staff and poor tender loving care concerning tops off and sauces
Saturday, August 8, 2020
Example Syllabi COLUMBIA UNIVERSITY - SIPA Admissions Blog
Example Syllabi COLUMBIA UNIVERSITY - SIPA Admissions Blog First let me state what this entry is not. The links you will find below are not the syllabi for those entering in the fall of 2010. The syllabi listed below are samples taken from courses taught in the past for some of our core requirements. Faculty are working over the summer to determine the exact content of classes for the upcoming semester and syllabi will be handed out during the first week of classes. What this entry is trying to accomplish is to provide you with samples of content of our core degree courses from the past. Some incoming students have made requests for examples from past courses and our curricular affairs office passed along the following. So, please feel free to explore the syllabuses provided below to get an idea of the coursework and reading requirements. Consider this a taste of a few of our offerings to get familiar with the work load and types of assignments you might expect. SIPA U4200-01 Economics for International and Public Affairs Sequence SIPA U6400-01 Economic Analysis Sequence CORE QUANTIATIVE ANALYSIS SAMPLE SYLLABI CORE MANAGEMENT SAMPLE SYLLABI MIA Conceptual Foundations MPA The Politics of Policymaking
Saturday, May 23, 2020
The Importance Of Romanticism - 1046 Words
Through the late 1700s and early 1800s, the period of Romanticism blossomed. ââ¬Å"Romanticismâ⬠very loosely describes the era in which modern culture began to take shape. During the Romantic era, many advancements were made in all aspects of peopleââ¬â¢s lives and cultures. One aspect in particular has held great value even to this day. That aspect being the expansive amount of literature created during the era. The era of Romanticism had its name for a reason. It can be greatly attributed to the romantic style or genre of literature that defined the period. Romantic writers wove many tales of admiration, longing, and aspirations. They were fantastical, in a sense, and almost the antithesis of realism, even. Amidst the great breadth of literatureâ⬠¦show more contentâ⬠¦Ã¢â¬Å"â⬠¦she asserted her view that the young girls she taught had been enslaved by men through their social training.â⬠(Cheatle et al.). In the time she spent teaching, Wollstonecraft lear ned that women were taught from a young age to be submissive to men. For women, education was nothing beyond training for courtship, childbearing and motherhood, and Wollstonecraft greatly disagreed with such a system. Later in her life, Wollstonecraft went on to write her most famous and controversial work. In Mary Wollstonecraftââ¬â¢s A Vindication of the Rights of Woman, she addressed many issues for women regarding civil rights and the expectations that were held for them at the time. ââ¬Å"â⬠¦men haveâ⬠¦ been led by viewing education in a false light; not considering it as the first step to form a being advancing gradually towards perfection; but only as a preparation for life.â⬠(Wollstonecraft 58). Essentially, Wollstonecraft implied that men interpreted education only as a means of learning how to live life. In accordance with such an interpretation, women were only allowed to learn how to be wives and mothers. Wollstonecraft also stated her own perspective as to what education needed to be perceived as in contrast to what it was believed to be. After the large uproar that A Vindication of the Rights of Woman created, Wollstonecraftââ¬â¢s writing inspired many other female writers to join the fray. Alongside Wollstonecraft,Show MoreRelatedEssay on The Importance of Romanticism in Literature812 Words à |à 4 PagesThe Importance of Romanticism in Literature In Wordsworthââ¬â¢s ââ¬Å"The World is Too Much With Usâ⬠can be seen all the classic signs of the Romantic movement of the late eighteenth and early nineteenth century well embodied, complete with a near-worship of nature (ââ¬Å"Little we see in Nature that is oursâ⬠¦for this, for everything, we are out of tuneâ⬠) that was perhaps an understandable reaction to not only the classicism of the prior era, but the sociopolitical realities of the day (such as the FrenchRead MoreRomanticism1649 Words à |à 7 PagesRomanticism in the Nineteenth Century The Romantic period followed the era of logical, philosophical, and social movement in the 17th to 18th century. However, as the 19th century began, Romanticism came into the light with a new perspective that intrigued the people. It stressed emphasis on emotions and imagination while also helping to realize the importance of self-expression. The American Romanticism movement illustrated inspiration, bias and predominance of individuals in the nineteenth centuryRead MoreRomanticism: 19th Century and Time Period785 Words à |à 4 PagesWebsters dictionary states the definition of Romanticism as a movement in literature and art during the late 18th and early 19th centuries that celebrated nature rather than civilization. Romanticism was a movement that helped generated other movements, but brought a new form of literature that was well embraced during the 18th and 19th centuries. Romanticism started during the end of the 18th century as politics and society were changing in Europe. Gaps were growing farther and farther apartRead MoreAmerican Puritanism And American Romanticism1146 Words à |à 5 PagesThe way people viewed the world changed significantly between the time of American Puritanism and American Romanticism. American Puritans believed in a flawless society based on the core beliefs of the Church. As presented in Arthur Millerââ¬â¢s The Crucible, American Puritans feared challenging the social norm because it would essentially lead to possessing a corrupt society. American Romanticism ideas differed from American Puritanism beliefs. Romanticists emphasized the power of individuals and believedRead MoreEssay on How Romanticism Changed Societys Way of Thinking922 Words à |à 4 PagesTo understand how Romanticism changed the way society thought, you must first understand the meanings and reason behind the movement. The Romantic Movement in the late 18th and early 19th centuries was described as a movement in the history of culture, an aesthetic style, and an attitude of mind. (Fiero) Romanticism provided expression of their thoughts and ideas toward their own societies, which was in effect predominantly in Europe and in the United States. The movement was a reaction to the EnlightenmentRead MoreRalph Waldo Emerson And Thoreau975 Words à |à 4 PagesCan you name poets that were clear examples of Bright Romanticism? A form of poetry that has an optimistic outlook. It stress an importance of nature. That has a valued a feeling over reason. A following of the heart rather than the mind. Also the setting apart from society. There are two who comes to mind; Thoreau and Emerson. Where Emerson and Thoreau were clear examples of Bright Romanticism exemplified by the inclusion of nature, a positive view of mankind, and a poetic style that broke traditionalRead MoreRomanticism in The Marriage of Heaven and Hell by William Blake139 3 Words à |à 6 PagesRomanticism in William Blakes Poem William Blake was a poet, painter, and a printmaker all during the period in literature known as the Romantic time period. The Romantic time period, also known in Literature as Romanticism began in Europe, mainly France and Britain around the 1800s (Barker) and it was first defined as a tool to in literature and literary criticisms (Galitz). The Romantic period did not just focus on literature, but also on the subjects of art and knowledge which was fueledRead MoreWilliam Wordsworth and his not so Spontaneous Overflow of Powerful Changes in ââ¬Å"I wandered lonely as1600 Words à |à 7 Pagesa cloudâ⬠after a period of reflection and recollection on the scene of daffodils during a time that placed importance on nature, reflection and imagination. His revised version of ââ¬Å"I wandered lonely as a cloudâ⬠should be considered the authoritative version as it is a better and more vivid description of the scene of daffodils and reflects the literary movement at the time, i .e. Romanticism. The changes are strongly influenced by the Romantic period in which he revised the poem. Wordsworth didnââ¬â¢tRead MoreRomanticism : The Age Of Reason1210 Words à |à 5 Pagesââ¬Å"To say the word Romanticism is to say modern art - that is, intimacy, spirituality, color, aspiration towards the infinite, expressed by every means available to the arts.â⬠ââ¬â Charles Bauldaire. Romanticism is a type of style of writing in fine arts and literature that focuses on passion imagination and intuition rather than emphasizing on reason and logic. There are no restraints or order in Romanticism; complete spontaneous actions are welcome in this style of writing. Romanticism, or also knownRead MoreHow Does John Keatss Poetry Reflect the Romantic Era Essay781 Words à |à 4 PagesExplain how the poetry of John Keats reflects the values of Romanticism. The Romantic Era spanned roughly between 1798 and 1832 and its poetry places an emphasis on the imagination, nature and feeling. The Romantic period was associated with imagination as people looked with fresh curiosity into the workings of their own minds, generating ideas that laid a foundation for modern psychology. Romanticism emerged out of the rational thought of the Enlightenment Era into a redemptive and inspiring period
Tuesday, May 12, 2020
Existentialism, The Lottery, And Good Country People
As I sat in the desk of my afternoon class, ââ¬Å"Intro to Philosophy 1101,â⬠I longed to be outside with my fellow colleagues enjoying the winter air as it turned to spring. Instead of sitting on the grassy lawn, I sat confined behind the jail-resembling cinder block walls of the classroom. My professorââ¬â¢s lesson contradicts the atmosphere of the classroom as she mumbles about, ââ¬Å"Existentialismâ⬠and how it is ââ¬Å"a philosophy emphasizing individual existence, freedom, and choice that influenced many diverse writers in the 19th and 20th centuries.â⬠(Funk Wagnalls 1.) At the time, I did not notice a significance to the lesson, but while reading pieces of literature in English, I understand the purpose of existentialism and how apparent it is in written works. Writings such as ââ¬Å"Raj Bohemian,â⬠ââ¬Å"The Lottery,â⬠and ââ¬Å"Good Country Peopleâ⬠all show evidence of an attitude of choice. The term itself suggests one major theme: the stress on the concrete individual existence and, consequently, on subjectivity, individual freedom, and choice. (Funk Wagnalls 1.) The use of existentialism shapes the charactersââ¬â¢ such as the Narrator in ââ¬Å"Raj Bohemian,â⬠Mr. Summers in ââ¬Å"The Lottery,â⬠and Manly Pointer in ââ¬Å"Good Country People;â⬠and explains the motives behind their heroic behavior because they each remain true to who they are. The narrator of Hari Kunzuruââ¬â¢s short story, ââ¬Å"Raj Bohemianâ⬠faces an existential crisis when he is introduced to a scheming manipulator. The story revolves around an urbanShow MoreRelatedPhilosophical And Sociocultural Influences On Educational Theory And Practice954 Words à |à 4 Pagesfocused on ethics, rhetoric, natural science, and psychology. Furthermore, he aimed for education to produce good and virtuous citizens. Unlike Socrates emphasis on questioning, Aristotle felt students should be lead systematically and repetition should be used to acquire knowledge. During the Renaissance, Michel de Montaigne challenged the educational system and that some caste systems held people who were smarter and wiser than others. As time continued, John Lock e began shifting the view and roleRead MoreThe Philosophical And Sociocultural Influences On Educational Theory And Practice958 Words à |à 4 Pagesquestioning, Aristotle felt students should be lead systematically and repetition should be used to acquire knowledge. Aristotleââ¬â¢s realism period focused on ethics, rhetoric, natural science, and psychology. Furthermore, he aimed for education to produce good and virtuous citizens. During the Renaissance, Michel de Montaigne challenged the educational system and felt that some caste systems contained who were smarter and wiser than others. As time continued, John Locke began shifting the view and roleRead MoreAn Existentialist Meaning of Life Essay2565 Words à |à 11 Pagesin modern existentialism provide the necessary framework for establishing a so-called ââ¬Å"meaning of lifeâ⬠. Marcel, Sartre, Heidegger and Camus, refer to the theoretical frameworks of subjectivity, freedom, responsibility and purpose, in modern e xistentialism. With reference to the theoretical frameworks, established by these reputable thinkers, one could propose an answer to the age old question, ââ¬Å"What is the meaning of life?â⬠. That being, the meaning of life is ââ¬Å"to live a good a good lifeâ⬠.
Wednesday, May 6, 2020
Hrm Hotel Free Essays
As described by Schuler, Randall S ; Personnel and Human Resource Management, Third Etalon 1 987, recruitment Is referring to the set of activates and recess used to legally obtain a sufficient number of qualified people at the right time and place so that people and organization can select each other in their own best short and long term interests. By implementing the recruitment process, its provide organization with the qualified group of potential candidates to fill up the vacancies. However, the recruitment process must be done properly to ensure unwanted higher turnover result, wasted recruiting and training costs can be controlled at lowest level and minimized. We will write a custom essay sample on Hrm Hotel or any similar topic only for you Order Now As for Hilton case, the higher turnover rates record over the past years has rigged the HER department to begin to ponder, what went wrong with their excellent recruitment process. Another question was why their staffs disciplines such as absenteeism, conflict, and stress amongst staff are turning up gradually? Were these problems/ deficiencies happened because of poor HER recruitment planning? Trying to relate the above problems with the current recruitment process implemented by Hilton, I shall go further by analyzing the data provided as shown in Fig 1 . However, evaluations are made only to those critical recruitment sources which I believe necessary action to be taken immediately to fill the vacant and improve the current executivesââ¬â¢ workload. Therefore sustainability is a factor which Hilton should include in deciding which method of recruitment they should practice. Details of the analysis taken from the yield ratio table as follow: I Recruitment Source II year Survival I 175% Sustainability by Recruitment Source from 1996 ââ¬â 1999 Quality ââ¬â Recruitment is about identifying and selection process of potential candidates for the human resource requirement of the organization therefore it is also important to identify which recruitment method can pool the best quality candidate. How to cite Hrm Hotel, Papers
Friday, May 1, 2020
Law of Business Organization Indoor Management
Question: Discuss about the Law of Business Organization for Indoor Management. Answer: Solution 1 Issues The main issues that arose in the given scenario are: Whether there is a valid contract amid Executive Car Fleets Ltd (Car Fleet) and Speedy Auto Hire Ltd (Speedy) for the sale of cars? Whether Speedy has right in law to avoid the contract if established amid the parties? Law In the present given scenario, the law of Indoor Management Rule and section 128 and section 12 of the Corporation Act 2001 (Act) is applicable. Whenever any company wants to make a contract then the same is valid provided it is undertaken by its authorized agents. The agents are authorized when they posses relevant authorities, such as: (Krawitz 2002) Actual authority when an authority is granted to an agent by his principle under a specific agreement/contract then such an agent has actual authority and is held in Freeman Lockyer (A Firm) v Buckhurst Park Properties (Mangal) Ltd (1964). The actual authority can be express (when granted by the principle purposely either orally or in writing) or implied (when the authority is granted by the conduct or actions of the parties) and is held in Hely-Hutchinson v Brayhead Ltd (1968). Ostensible authority when the authority is assumed by others to be possessed by a person then such is an ostensible authority. Normally, when a company holds out a person to an outsider and represents that such person does have certain authority then an outsider can rely on such representation and can make valid contract under the ostensible authority of such person. Thus, any contract which is undertaken by an agent with an outsider within his authority will bind the company and the company has to honor the contract which is established by such an outsider. However, many a times, an outsider undertakes a contract with a person on the belief that such person has the relevant authority but in reality such person does not possess any authority, then, such contracts are normally voidable by the company on the ground of lack of authority. But, this avoidance of contract is not just for those outsiders who deal with the company officers on the belief that such officers are authorized to deal on behalf of the company. To protect such honest outsiders the law of Indoor Management Rule laws formed in Royal British Bank v Turquand (1856). As per the rule if any outsider is undertaking any contract with a company on a belief that the agent with whom he is dealing has requisite authority and has no knowledge of any irregularity, then, such an outsider is under no obligation to check the authenticity of the agents authority. Under the Indoor Management Rule he can assume that all the internal management procedure which are required to authorize such an agent are comply with and thus the contract is binding upon the company. However, there are few exceptions to the rule, such as: (Krawitz 2002) When the outsider is aware of the irregularities of the lack of gent authority; When he can put in mere enquiry and be aware of the irregularities and is discussed in Northside Developments Pty Ltd v Registrar-General (1990). Further, under the Corporation Act 2001, there are two important provisions which are applicable in the given situation. The same are section 128 and section 12 of the Act. As per section 128 (1) any person who is dealing with the company has an authority to make assumptions as provided in the section 12 of the Act (Gye v McIntyre (1991). However, as per section 128 (4) it the person who is making the assumptions under section 12 of the Act is aware that the same are irregular and incurrent then such person is not entitled to make the assumptions. The knowledge of the irregularity must be actual and is held in Tesco Supermarkets Ltd v Nattrass (1972). As per section 129, a person can assume that all the provision of the Constitution and the replaceable rules if applicable are comply with by the company and there is no irregularity in the same and is discussed in Australian Capital Television Pty Ltd v Minister for Transport and Communications (1989). As per section 129 (3) an outsider can assume that any agent of the company is duly appointed and has authority to perform the actions. (Krawitz 2002) Thus, these are the applicable laws that are applied to the given factual situation. Application Dan is an employee (Vehicle Sales Manager) of Executive Car Fleets Ltd (Car Fleet) and sells on the companys behalf. Whereas Mark is an employee (Vehicle Purchasing Manager) of Speedy Auto Hire Ltd (Speedy) who make purchase on his companies behalf. Various contracts are entered amid Dan and Mark. Thus, both the parties are dealing with each other from some time and are aware of each others respective authorities to bind their company by their respective actions. Dan has often signed contracts with Mark for the sale of cars. On Thursday (9.00 am) Dan has send an email to Mark specifying that he has authority to sell cars @ $ 50 000 per car and he must come at 4 pm to sign the contract. At 4 pm, Mark visits Dan and signs the deal to buy the vehicles for a total price of $ 1 500 000. Thus, at this stage it is submitted that since both mark and Dan has requisite authority to bind their companys, thus the contract entree red by them are valid. However, before signing the contract Dan has met Mary (CS at Speedy). She submits that there are chances that Mark will be fired from his job. Dan communicates the news to Johnson (CFO) who does not gave heed to the news and asks Dan to continue with the deal. It is submitted that Dan and Johnson are aware of the irregularity that might take place. Even after getting aware of the same they continued with the contract with Mark. Thus, by applying the exceptions to the Indoor Management Rule, it is submitted that an outsider must act in good faith to rely on the rule and if he is aware of the irregularity then no protection can be granted. Thus, Dan and Johnson are aware of the irregularity and are not dealing in good faith thus they are not protected under the Rule. Also, they cannot rely upon the assumptions mentioned under section 129 of the Act as they are aware of the irregularities. Conclusion Thus, Speedy has full right to rescind the contract entered amid Dan and Mark as the same is not protected under the Rule and section 129 of the Act. Mark and Johnson are aware of the irregularities n thus they cannot take advantages of their own wrong. Solution 2 Issues What actions can be undertaken by Peter for the decisions taken by Sparkles Ltd? Are there any remedies that can be availed by him? Law Whenever any company is formed then it is considered as a separate legal entity in the eyes of law. The company is considered to be distinct from its members and any actions which are undertaken by its officers and members are undertaken in the name of the company. It is the company alone which can sue and be sued ion its own name and this concept of separate legal entity is rightly established in the Salomon v Salomon Co Ltd (1897). (Puig 2000) In any registered company, the people who holds the share of the company its shareholders. The person who hold the major shareholdings of the company are major shareholders and the persons who hold fewer amounts of shareholdings are minor shareholders. It is the duty of the major shareholders to run the company in such a manner so that it is not against the interest of minor shareholders. (AICD 2013) But, many a times the actions of the company officers are such that they are not in the interest of the minority shareholders. In such situations a minority shareholder can take against such officers. A minority shareholder can take action under part 2F.1 of the Corporation Act 2001 for seeking remedies for oppression. Section 232-235 deals with the actions of oppression. As per section 234 of the Act, any member, any former member or any applicant who was the member when the application for the oppression was filed are eligible to file the application for oppression and is rightly held in Re Spargos Mining NL(1990). In Gooze v Graphic World Group Holdings Pty Ltd(2002), a sole shareholder was also allowed to file remedy for oppression. The application must be made with clean hands unless the same will be rejected by the court and is held in Re Bellador Silk Ltd(1965). (Aherns 2013) As per section 232, the court can allow the application for oppression provided the affairs of the company against which an application is made is not in the interest of the shareholders or is unfair, oppressive, discriminatory, etc. and is rightly held in (ASC v Lucas(1992). (Findlaw 2016)) In the leading case of Scottish Co-op Wholesale Society Ltd v Myer(1959), the court held that not availing business opportunities is a kind of oppression on the shareholders of the company. In Jenkins v Enterprise Gold Mines NL(1992), the court that if the directors of the company are not complying with their duties honestly and adequately then the same is considered to be oppressive in nature. Once it is justified that the applicant fulfills the criterias mentioned under section 232 and section 233 of the Act, then the court has power to make an order under section 233 of the Act. normally, the court has discretionary power to make any order it may deem fit. However, there are few remedies that are mentioned under section 233 of the Act, the same are: The court may wound up the company; The court may order the repeal or modification of the constitution of the company; The court may order that the affairs of the company must be regulated appropriately and is discussed in the leading case of Re Spargos Mining NL(1990). The court may purchase the shares of the members of the company and is discussed in the leading case of Rankine v Rankine(1995). The court may appoint a manager to the company in order to manage the affairs of the company appropriately and is discussed in Re Enterprise Gold Mines NL (1991). The court may also any officer of the company to act as per the directions provided by the company. Thus, this is the basic procedure which must be cater by a minority shareholder in order to protect his legitimate interest. Application The law as discussed above is now applied to the facts of the case. As per the facts, Sparkles Ltd (Sparkle) is a company which deals in custom jeweler. Peter Jones is a stationary businessman and also holds 5% shares in Sparkles. He was appointed by the company to supply stationary to the company for a term of three years. Thus, Peter is the minority shareholder in Sparkles. However, there are few decision which are taken by the company which are not found in favor of Peter: The company decided to source all its stationary requirements from Office Pax Ltd. The decision taken by the company was complained by peter, however, the board is reluctant to change the decision. The decision is totally against the contract that was signed amid Peter and the company and violates the terms of the constitution. Thus, an oppression is caused to the employee of the company. Roger (Director and CEO of the company) who holds 65% of the shares sells a rare sapphire on companies behalf to his nephew @ $ 5 000 which is actually worth $ 100 000. He is also selling Ruby @ $ 40 000 to his (Rogerson's) niece for $ 8 000. Thus, Roger is the major shareholder of the company and is acting and managing the affairs of the company in such a manner which are not in the interest of the company. The stones are sold at an undervalued price and thus the conduct is not proper and is against the interest of its members. It is thus advice to Peter that he must make an application under section 233 and seek remedies from the court. The court can grant remedy in the form of appointing a manger for managing the affairs of the company properly. Conclusion It is thus concluded, that peter must file an application under section233 and seek appropriate remedies from the court. Reference List Aherns (2013) Statutory Oppression Remedy Under the Corporations Act 2001 (cth) https://www.ahernslawyers.com.au/latest-news/statutory-oppression-remedy-under-the-corporations-act-2001-cth/. [viewed on 12th September 2016]. AICD (2013) Dont forget minority shareholders https://www.companydirectors.com.au/Director-Resource-Centre/Publications/Company-Director-magazine/2013-back-editions/April/Opinion-Do-not-forget-minority-shareholders. [viewed on 12th September 2016]. Findlaw (2013) oppression against shareholders https://www.companydirectors.com.au/Director-Resource-Centre/Publications/Company-Director-magazine/2013-back-editions/April/Opinion-Do-not-forget-minority-shareholders. [viewed on 12th September 2016]. Krawitz A (2002) Protecting Outsiders to Corporate Contracts in Australia, Volume 9, Number 3 (September 2002) https://www.austlii.edu.au/au/journals/MurUEJL/2002/22.html. [viewed on 12th September 2016]. Puig GV (2000) A Two-Edged Sword: Salomon and the Separate Legal Entity Doctrine, Volume 7, Number 3 (September 2000) https://www.austlii.edu.au/au/journals/MurUEJL/2000/32.html. [viewed on 12th September 2016]. Case laws ASC v Lucas(1992). Australian Capital Television Pty Ltd v Minister for Transport and Communications (1989). British Bank v Turquand (1856). Freeman Lockyer (A Firm) v Buckhurst Park Properties (Mangal) Ltd (1964). Gooze v Graphic World Group Holdings Pty Ltd(2002). Gye v McIntyre (1991). Hely-Hutchinson v Brayhead Ltd (1968). Jenkins v Enterprise Gold Mines NL(1992). Northside Developments Pty Ltd v Registrar-General (1990). Re Spargos Mining NL(1990). Re Enterprise Gold Mines NL (1991). Re Bellador Silk Ltd(1965). Salomon v Salomon Co Ltd (1897). Scottish Co-op Wholesale Society Ltd v Myer(1959). Tesco Supermarkets Ltd v Nattrass (1972).
Subscribe to:
Posts (Atom)