Lessons from Fredrick Douglasss Life

Presentation Fredrick Douglass brought into the world a few times somewhere in the range of 1815 and 1820 in Tuckahoe in Talbot district, Maryland, experienced numerous long stretches of subjection his adolescence into adulthood in Maryland in South America before his departure toward the North in 1938.Advertising We will compose a custom exposition test on Lessons from Fredrick Douglass’s Life explicitly for you for just $16.05 $11/page Learn More He was isolated from his mom while still one year old and never knew precisely who his dad was. As he grew up, he came to accept that the expansion in number of approaching slaves into the south would one day make a conclusion to subjection in the substance. The intensity of the individuals would one day overpower that of the bosses. Exercises gained from Douglass’s story Douglass accepted that the significance of the ace couldn't be moved to the slaves (Douglass 3). Being a slave was at that point terrible enough and a human rights infringement and accordingly solidarity among the individuals would be simply the main conceivable method of recovering from subjugation. Individuals should discover the need to meet up because of the shared difficulties that they frequently experience because of their condition as slaves. Dark or white, individuals should cooperate without considering the race simply like it used to be at first at Mr. Gardner’ transport fabricating firm (Douglass 10). Fredrick Douglass saw numerous horrendous occasions and wrongdoings against humankind while still a slave in Maryland. Individuals were whipped till blood poured from their bodies and homestead supervisors just as other white people carried out the absolute most terrible homicide yet such wrongdoings were considered as should be expected in the network. The equity framework ought to secure everybody whether slave or ace or whether dark or white. The equity framework should treat individuals specifically and ought to shi eld individuals from violations against humankind. Rewarding individuals specifically expands the degree of unspeakable atrocity particularly by the individuals who have a high ground in the equity framework. Watson Esquire couldn't organization a capture warrant on the white woodworkers who beat Douglass up nearly obliterating his eyeballs since he needed to discover white observers to the case (Douglass 10).Advertising Looking for paper on history? We should check whether we can support you! Get your first paper with 15% OFF Learn More Douglass account instructs about self-assurance and fortitude. In spite of the enduring he experienced under various slave drivers remembering for Covey’s hand, he didn't lose trust. He was resolved to get away from whether it implied losing his life. It is this assurance that would assist slaves with beating the ceaseless servitude. Individuals ought to be prepared to lose their lives so as to end subjugation. Individuals ought to be prepare d to meet the most noticeably terrible in endeavors to accomplish regard from slave drivers. Opportunity isn't handily accomplished; individuals need to battle for it. It takes the fortitude and strength of the two people to stand up to the slave drivers at whatever point they feel abused. As indicated by Douglass (10) his intensity to battle with Mr. Pass on spared him from visit whippings. He accepted that he would prefer to be murdered than to stay a slave in hands of the slave drivers. Douglass came to discover that instruction or having the option to peruse and compose is the way to defeating bondage. Instruction could help illuminate the individuals and extend their comprehension of contemporary issues, for example, their human rights. As indicated by Douglass (6) the best way to challenge the intensity of slave drivers over their subjects is through instruction. Douglass says that Mr. Auld, a slave driver, accepted that an informed slave was unmanageable (Douglass 6). This su bsequently implies slaves or those under the abuse of rulers and fascism initiative need to battle to accomplish training regardless of the expense. Douglass (10) says that slaves who went to his Sabbath school were probably going to be given thirty-nine lashes a short time later. Training would engage the individuals to battle for their privileges and conquer any type of subjection (Douglass 7). As per Douglass (7) slaveholders and despots utilizes the subjects absence of training to quiet them down in mental obscurity and in this manner consistently keep them faithful to their masters.Advertising We will compose a custom exposition test on Lessons from Fredrick Douglass’s Life explicitly for you for just $16.05 $11/page Learn More Education would empower captives to pick up the intensity of truth encompassing servitude over the soul of slave drivers. Through instruction, slaves would be sufficiently striking to reprimand bondage and battle for their human rights. Training w ould assist them with offering their perspectives to similar enemy of slave campaigners like the abolitionists gathering and help battle subjugation both in the North and South of America. It is simpler to convey and work together in battling for their human rights. As indicated by Douglass’s account any slave who has procured some training should impart it to others to illuminate more individuals in the general public. Douglass likewise accepts that the Christmas occasions stood to slaves were unscrupulous and an unspeakable atrocity. Slaveholders would consistently fool them into getting alcoholic the entire bubbly season so that before the finish of the period they have not done anything for their lives. They ensure that the beverage shields the slaves from thinking about the maltreatment that they get during their slave life. End It is critical to edify slaves both from the north and south to assist them with accomplishing their opportunity. Slaves both highly contrasting and whether from the north or south should cooperate to make up for themselves from bondage. Works Cited Douglass, Fredrick. Account of the life of Fredrick Douglass, an American slave. Berkeley Digital Library SunSITE 14 May, 1997. 11 May, 2011 http://www.lib.berkeley.edu/ This article on Lessons from Fredrick Douglass’s Life was composed and put together by client Krystal S. to help you with your own examinations. You are allowed to utilize it for exploration and reference purposes so as to compose your own paper; nonetheless, you should refer to it in like manner. You can give your paper here.

Contract Law Assignment Essay Example | Topics and Well Written Essays - 1250 words

Agreement Law Assignment - Essay Example The above components from are clarified beneath. Offer and Acceptance. At the point when one gathering proposes something to another, he is said to make an offer. In the event that the gathering consents to the proposition with no adjustment in it, he is considered to have made the acknowledgment of that offer. Subsequently, when the offer is acknowledged in an identical representation condition, an agreement is said to have been framed dependent upon different conditions. This identical representation rule is important to guarantee that there is an agreement of the topic among the gatherings i.e meeting of the psyches between them. As it were, the acceptor has seen unmistakably what the offeror has implied. This is a target test in English law to decide presence of an agreement. An offer is constantly mistaken for a challenge to treat. Ads and shows in shops are the models. They are not offers however greeting to treat. An acknowledgment must be inadequate and relate to what the off eror implies to pass on. A certified acknowledgment turns into an offer and it is for the first offeree to acknowledge or not, any adjustment in the condition. In the event that the certified acknowledgment is acknowledged, the first offeror turns into the offeree and the certified acceptor turns into the offeror. ... Also, not at the hour of receipt of the letter by the offeror. In the event that the letter is tended to mistakenly or posted inappropriately, postal standard won't have any significant bearing. Agreements can likewise be finished up by fax and the Internet (Salzedo, Brunner and Ottley 2004). In Hyde v Wrench (1840) it was concluded that a counter offer added up to dismissal of the first offer and hence, resulting acknowledgment of the first offer didn't tie the offeree. For this situation, the offended party made a counter proposal of ? 950 against the proposal of ? 1,000 by the litigant to sell his homestead. On refusal of the counter offer, the offended party acknowledged the first proposal of ? 1,000 which the respondent didn't consent to. In this manner, the offended party brought a suit for explicit execution. It relies upon the wording of the offer and answer by the offeree. Now and again the offeree may imply to make some enquiry regarding the offer made including some counte r cost when time breaking point to acknowledge the offer has not finished (Oughton and Davis, 2000). In such cases, it can't be taken as counter-offer or dismissal of the proposal as held in Stevenson, Jacques and Co v McLean (1880). In Carlil v Carbolic Smoke Ball Co (1893), the litigants publicized contribution a prize to any individual who contracted flu notwithstanding utilizing their smoke ball intended to fix the malady. It was held that the ad was an open offer or one-sided to the entire world and consequently, any one depending on the offer, purchased the item was qualified for the prize if the item guarantee fizzled. The defendant’s dispute that it was a minor greeting to treat was dismissed. Nonetheless, in Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1953), it was

Distance Makes the Heart Grow Fonder

Distance Makes the Heart Grow Fonder So my best friend went abroad this semester, and to say that I am lost is an understatement. Being in a fraternity, Im surrounded by dudes all the time, and thatss great because I usually hangout with guys, but my friend abroad just happened to be that female friend that understands every single thing about me. She knows my insecurities, my strengths, what makes me happy, what makes me sad, and she knows how to FIX it all. Thats the thingâ€"shes a huge rock in my life. You come to college, and you meet amazing people, and you are with them every single day, so when she left to go to Vienna, Austria I was excited for her, but I was also scared of what a semester without her would look like. It sounds really selfish, doesnt it? The truth is, it really is. Shes doing so many amazing things, and I have to say, Im pretty jealous. She has been there almost two months now and she has already travelled to Prague, Brussels, and Dublin. She will also be going to other countries in the next month or so. She is really living out her dreams right now. The University of Illinois has so many study abroad options and the Vienna, Austria program is definitely one of the most popular. My best friend has met so many other University of Illinois students while she has been studying in Austria, and they all travel to different countries together. Our university may hold 40,000 students, but theres never a stranger here at the University of Illinois. Even abroad, we are still a family. My biggest advice to anyone that plans to study abroad is DO IT! I have not personally experienced any study abroad programs as of yet, but I have been living vicariously through my best friend, and I think she would agree that studying abroad is the opportunity of a lifetime. Your friends will understand and eventually be happy for you, I promise. After all, distance makes the heart grow fonder! More questions about study abroad options? Leave a comment in the box below and one of the bloggers will get back to you as soon as we can! Alec Class of 2019 I'm double majoring in Economics and Political Science in the College of Liberal Arts and Sciences. I'm from a small town across the river from St. Louis called Waterloo, Illinois.

The Effects Of Ambient Air Quality For Environmental...

Problem 1: Ans: In the article, the author described mainly two challenges to the process. â€Å"One challenge will be to routinely share data for these types of analyses at fine geographic and temporal scales without disclosing confidential information. Another challenge will be to develop C-R estimates which take into account time, space, or other relevant effect modifiers.† (Talbot etc. 2009) Though developing C-R estimates using proper modeling methods are very important and will directly provide initiatively studying results, in my opinion, challenges regarding data collection and routinely share are the most important. To measure the public health impacts of ambient air quality for environmental public health tracking, both consistent accurate data and measure approaches are required. Though EPA has developed statistical based ambient air estimates (using HB model) for use in EPHT, the correct modeling and representative results are all based on accuracy data collection. From my personal experience as a biostatistician, if the collected data are not representative or inaccuracy, however well the measuring methods are, researchers will never get the real truth. Thus challenges regarding data collection and routinely share are the most important. They are the foundation of the whole study. Overcoming these challenges are more than necessary. More in detail, as described in the article the data collection and routinely share challenges are important and mainly from twoShow MoreRelatedThe Importance Of Environmental Monitoring Data With Health Data As Part Of Environmental Public Health Tracking Essay1 708 Words   |  7 PagesFinal Evaluation Course: A505 Name: Wenfang Li Date: 10/18/2015 Problem 1: Ans: This article discusses the progress of efforts to link environmental monitoring data with health data as part of Environmental Public Health Tracking (EPHT) programs. 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Wild Life Protection Act of India - 2566 Words

INDIAN WILD LIFE PROTECTION ACT BY CAPT TANMOY ROY 127 ETF INTRODUCTION 1 Wildlife includes all non-domesticated plants, animals, and other organisms. Domesticating wild plant and animal species for human benefit has occurred many times all over the planet, and has a major impact on the environment, both positive and negative. Wildlife can be found in all ecosystems, Deserts, rain forests, plains, and other areas including the most developed urban sites all have distinct forms of wildlife. While the term in popular culture usually refers to animals that are untouched by human factors, most scientists agree that wildlife around the world is impacted by human activities. AIM 2 High light the salient feature of wild life of India and†¦show more content†¦It extends to the whole of India, except the State of Jammu and Kashmir which has its own wildlife act. It has six schedules which give varying degrees of protection, with absolute protection being provided under Schedule I and part II of schedule II with the highest penalties prescribed for offences under these schedules and Species listed in the Sch. IV are also protected but the penalties are much lower, with the enforcement authorities having the power to compound offences (as in they impose fines on the offenders). For offences relating to wild animals (or their parts and products) included in schedule-I or part II of Schedule- II and those relating to hunting or altering the boundaries of a sanctuary or national park the punishment and penalty have been enhanced, the minimum imprisonment prescribed is three years which may extend to seven years, with a minimum fine of Rs. 10,000/-. For a su bsequent offence of this nature, the term of imprisonment shall not be less than three years but may extend to seven years with a minimum fine of Rs. 25,000. 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Functions of Mass Communication Free Essays

Wright (1960) characterizes seven functions of mass communication that offer insight into its role in our lives. * Surveillance. The first function of mass communication is to serve as the eyes and ears for those of us seeking information about our world. We will write a custom essay sample on Functions of Mass Communication or any similar topic only for you Order Now When we want to find out the latest news about what’s happening, we can turn on the television, surf the internet, or read a newspaper or magazine. We rely on mass communication for news and information about our daily lives such as the weather, stock reports, or the start time for a game. What was one of the first things you did after you heard about the terrorist attack on the World Trade Center? More than likely, you were glued to the Internet or your television waiting for details about the disaster. In fact, your authors’ campus closed down to allow people to stay at home to collect information and be with loved ones, even though our campus is located on the other side of the country. * Correlation. Correlation addresses how the media present facts that we use to move through the world. The information we get through mass communication is not objective and without bias. The grandmother of a friend of your authors stated that the information she heard on the radio, â€Å"had to be true† because it was on the radio. This statement begs the question, how credible are the media? Can we consume media without questioning motive and agenda? Someone selects, arranges, interprets, edits, and critiques the information we see. A friend of your authors’ has a brother who edits for a major reality TV show. When asked if what we see if a fair representation of what really happens, the person who does the editing simply laughed and said â€Å"no. † * Sensationalization. There is an old saying in the news industry-â€Å"if it bleeds, it leads† that highlights the idea of sensationalization. Sensationalization is when the media puts forward the most sensational messages to titillate consumers. Elliot poses some interesting food for thought: â€Å"Media managers think in terms of consumers rather than citizens. Good journalism sells, but unfortunately, bad journalism sells as well. And, bad journalism-stories that simply repeat government claims or that reinforce what the public wants to hear instead of offering independent reporting -is cheaper and easier to produce† (2004, . 35). * Entertainment. Mass media provide us with an escape from daily routines and problems by entertaining us (Zillmann Bryant, 1986, p. 303). Media like People Magazine and E-TV keep us up to date on the doings of our favorite celebrities. We watch sports on television, go to the movies, play video games, and listen to our ipods and radios. Most mass communication simultaneously entertains and informs. We often turn to media in our leisure time to provide an escape from our boredom and relief from the predictability of our everyday lives. We rely on media to take us places we could not afford to go or imagine, acquaint us with bits of culture, and make us laugh or cry. Entertainment can have the secondary effect of providing companionship and/or catharsis through the media we consume. * Transmission. Mass media is a vehicle to transmit cultural norms, values, rules, and habits. Consider how you learned about what is fashionable to wear or what music to listen to. Mass media plays a significant role in the socialization process. We look for role models to display appropriate cultural norms, but all too often, we do not recognize inappropriate or stereotypical behavior. We start shopping, dressing, smelling, walking, and talking like the person in the music video, commercial, or movies. Why would soft drink companies pay Christina Aguilera or Mariah Carey millions of dollars to sell their products? Have you ever bought a pair of shoes or changed your hairstyle because of something you encountered in the media? Obviously, culture, age, type of media, and other cultural variables factor into how mass communication influences how we learn and perceive our culture. * Mobilization. Mass communication functions to mobilize people during times of crisis (McQuail, 1994). Think back to 9/11. Regardless of your political preferences, we mourned as a nation and rallied around national pride and patriotism during this time of crisis. Using our earlier example, your authors’ campus decided to suspend classes to allow the campus community time to mourn the loss of fellow citizens. With instant access to media and information, we can collectively witness the same events taking place in real time somewhere else, thus mobilizing a large population of people around a particular event. The rising popularity of political websites such as moveon. rg is another key example of the use of mass communication to mobilize people for political action. * Validation. Mass communication functions to validate the status and norms of particular individuals, movements, organizations, or products. The validation of particular people or groups serves to enforce social norms (Lazarsfeld Merton, 1971). If you think about most television dramas and sitcoms, who are the primary characters? What gender and ethnicity are the majority of the stars? What gender and ethnicity are those that play criminals or those considered abnormal? The media validates particular cultural norms while diminishing differences and variations from those norms. A great deal of criticism focuses on how certain groups are promoted, and others marginalized by how they are portrayed in mass media. Given the power of the various functions of mass communication, we need to be reflective about its presence in our lives (McLuhan Fiore, 1967). We will now turn our attention to the study of mass communication by looking at what mass communication scholars study, and how they study it. How to cite Functions of Mass Communication, Essay examples

Marketing Principles Nike Brand

Question: Discuss about the Marketing Principlesfor Nike Brand. Answer: Analysis of Segmentation Variables For Nikes brand new product Air Zoom Yorker, the market segmentation can be analyzed as Geographic Variables For Air Zoom Yorker, Nikes segmented market is identified to be the Cricket loving youth of those territories, which prioritize Cricket as a national sport. Therefore, it is understandable that Nikes preference for geographic variables would be European, Australian and South-East Asian countries (Anttonen 2015). Though Nikes markets are mainly North America followed by China and Europe, for the new brand the focus is seemingly on the urban areas of the mentioned places where market densities are high. Behavioral Variable It has been identified that Nikes consideration for the behavioral variable in terms of segmentation is focused on the ways the products make each customer feel. Considering this particular habit of Nike, it can be said that for Air Zoom Yorker, the athlete nature and specifically preference for cricket of the customers would influence their buying behavior (Boone and Kurtz 2013). Psychographic Variable It has been understood that Nike concentrates on psychographic variable strongly as they prefer to target individuals according to their specific lifestyle as well as personalities. In case of Air Zoom Yorker, it is coherent that Nike would target individuals who have potential preference for Cricket as a sport. Most importantly, it seems that, the preference for sports apparel and shoes is not only related to those who plays it but also them who watch or simply talks about it (Burgelman 2015). Benefit and usage Rate Segmentation It has been found that for Air Zoom Yorker, Nikes usage-rate segmentation could be categorized into high-end and medium segments as understandably the new product is designed for high to medium usage by the professional athletes. On the other hand, in terms of benefit, for Air Zoom Yorker, it is understandable that Nikes segmented target market would give importance to the organizations trend of giving value for money and its unique and eye-catchy design. Analysis of the Targeting Strategy For Nikes new Air Zoom Yorker, the target marketing strategy would possibly be the concentrated targeting. It is understandable as per the fact that for the new product Air Zoom Yorker is capable of targeting only a specific target market which involves individuals who has preference for Cricket. According to the concept of concentrated or focus targeting, an organization serves only a particular segment and following that builds a single marketing mix. It has been identified that Nike has implemented their aggressive marketing plan for both infiltrating and targeting the specific segment for their concerned sports apparel. In this context, it is to mention that Nike has been showing impressive amount of success in maintaining their multi-segment targeting strategy (MoranSendra et al. 2015). Keeping in mind about this impression of Nike, it can be said that segment-targeting for Air Zoom Yorker could also fall under Nikes differentiated or multi-segment marketing strategy. However, i t should also be mentioned here that among Nikes three prime target markets, which are women, young athletes and runners, for Air Zoom Yorker the apt target market would be the young athletes or the Cricketers. In that case, Nikes sponsorship with several federations and local leagues will help them in having a satisfactory profit margin for Air Zoom Yorker (Andaleeb 2016). Analysis of Positioning Bases Prior to illustrate the positioning bases of Nike for its new product, it should be contemplated that the positioning strategy for Air Zoom Yorker is to provide perfect shoe to every serious athlete. More precisely, Nike positions itself for Air Zoom Yorker by presenting and designing it as a sleek, eye-catchy and high quality shoe for cricketers. Henceforth, the main positioning bases for the organization are By Product Attribute For Air Zoom Yorker, the organizations most significant positioning base is product attribute; it is because of the fact that the organization positions itself for the new product primarily through its lucrative design and vibrant colors (Anttonen 2015). By Product Class Nikes positioning statement seemingly relies on the product class as with the launch of Air Zoom Yorker, the organization desires to make a leadership position in the apparel market for Cricket. Against Competition It is understandable that the positioning statement for their new product, Nike attempts to compare and present itself superior than the existing competitors of Nike like Adidas, Li Ning, Reebok and Toys R Us. With a completely new product in the Nikes list is indicative of the organizations intention to stay one-step ahead of their archrivals (Brohi et al. 2016). By Product Value Considering the design and quality of Air Zoom Yorker, it is strongly understandable that the organizations brand positioning highly depends on their representation of the distinct value through the production of Air Zoom Yorker. References Andaleeb, S. S. 2016. Market Segmentation, Targeting, and Positioning. InStrategic Marketing Management in Asia: Case Studies and Lessons across Industries(pp. 179-207). Emerald Group Publishing Limited. Anttonen, S. 2015. Branding a Lifestyle: Case: Nike. Boone, L. E., and Kurtz, D. L. 2013.Contemporary marketing. Cengage learning. Brohi, H., Prithiani, J., Abbas, Z., Bhutto, A. H., and Chawla, S. K. 2016. Strategic Marketing Plan of Nike. Burgelman, R. A. 2015. Complex Strategic Integration at Nike: Strategy Process and Strategy-as-Practice Combined. MoranSendra, M., Nilmeier, T., Liem, T., and Perkowski, T. 2015. Nike Inc.

Technology Different Essays - Telecommunications Equipment

Technology Different General term for the processes by which human beings fashion tools and Machines to increase their control and understanding of the material environment. The Term is derived from the Greek words tekhne, which refers to an art or craft, and logia, Meaning an area of study; thus, technology means, literally, the study, or science, of Crafting. As technology evolves, scientist and historians say that technology grows at A geometric rate without respect to geographical limits or political systems. These Innovations tend to transform traditional cultural systems, frequently with unexpected Social consequences. Thus technology can be conceived as both a creative and a Destructive process. Technology Has been evolving with us since the beginning of the Prehistoric age, from the simplest off tools of the cave men to the now present future. Electronic fiber optic cables and the computerized artificial intelligence. Technology is Very important in our society, with out it we would not be able to survive in our ever Changing society. Imagine is someone didn't invent transportation. We would have not Discovered the other continents. Or not having the technology to cope with our ever Growing population. We would have run out of enough supply of food to feed ourselves. How about if cave men didn't discover fire? We would have not survive even just for a Day. All these things we owe to technology, so we must harness what it has to offer And further improve our society. Inventions That Have Changed Our Lives: Telephone: In the field of communication one of the most famous and useful invention In our modern society is the telephone. Invented by Alexander Graham Bell, he has Made our life so much easier and more productive. Saying that he has made an impact To society would be an understatement. These telephones transmit electronic pulses That would then be converted to sound that is comprehendible to us humans, but These telephones are big and bulky and they need wires to transmit these pulses. Then Came the invention called A cellular telephone that designed to give the user maximum Freedom of movement while using a telephone. A cellular telephone uses radio signals To communicate between the set and an antenna. The served area is divided into cells something like a honeycomb, and an antenna is placed within each cell and connected by telephone lines to one exchange devoted to cellular telephone calls. This exchange connects cellular telephones to one another or transfers the call to a regular exchange if the call is between a cellular telephone and a noncellular telephone. The special cellular exchange, through computer control, selects the antenna closest to the telephone when service is requested. As the telephone roams, the exchange automatically determines when to change the serving cell based on the power of the radio signal received simultaneously at adjacent sites. This change occurs without interrupting conversation. Practical power considerations limit the distance between the telephone and the nearest cellular antenna, and since cellular phones use radio signals, it is very easy for unauthorized people to access communications carried out over cellular phones. Currently, digital cellular phones are gaining in popularity because the radio signals are harder to intercept and decode. Also the fast growing popular video phones that work like a normal telephone but includes the ability to transmit videos through the use of a small camera. although these video phones are not yet popular in our present society. they will soon be in every home in the world. Pagers: not all inventions that where once practical remain practical. one example are the invention of pagers. although these pagers are still currently used in our society they in my own opinion have out lived there use. these pagers where used during the early 90s for the reason that they are more reliable, less expensive and more portable than a cellphone. but now cellphones are cheaper and come in sizes that are almost as small as a pager. so these pagers have out lived there use and are now impractical to use in some countries. but in the Philippines we have still retained it for they are "free" compared to a cellphone. Satellite Band Radio (SBR) Satellite Band Radios are virtually unheard off in our country. these radios are like normal radios but use satellites to transmit there information instead of the normal analog radio waves used. the use of these satellite radios give us better variety in the programs we listen to. and will infact make the change of information faster and easier from country to country. for a person

Supplier Relationships and Negotiations Essay Example

Supplier Relationships and Negotiations Essay Example Supplier Relationships and Negotiations Paper Supplier Relationships and Negotiations Paper Good relationships with suppliers are essential for running successful businesses. Managing supplier relationships can be a challenging and resource intensive operation. It would also require time and energy to be invested. Hence, it is important that the management identifies priorities in this area and focus their attention there. Segmenting the vendor base is one practical way of accomplishing this task. That is, instead of treating all vendors in equal footing, giving preferential treatment to key vendors is the right way to go. This is especially valid when the business enterprise is fairly large. The management needs to assess supplier relationships in terms of their complexity and criticality and then prioritize. In order to ascertain how complex the relationship with a particular supplier is, the following factors should be considered: â€Å"1.Number of individual relationships (contracts) your organization has with the vendor. 2. Variety of information products licensed from the vendor. 3. Degree of fragmentation of the vendor group, i.e., to what extent does the group act as autonomous units?† (Brevig, 2008, p.28) Criticality, on the other hand, is the negative consequences that the company would suffer if a particular vendor was not available. Hence, it is fairly obvious that depending on complexity and criticality of any supplier relationship management efforts toward maintain a healthy relationship should be decided. For example, â€Å"If the vendor relationship is uncomplicated and noncritical, you should probably use an opportunistic approach focusing on managing costs. Dealing with such vendors at arm’s length is adequate and the least resource-intensive. For vendor relationships of medium complexity and criticality, a collaborative approach is more appropriate.† (Brevig, 2008, p.28) Strategic relationships are another option that can be pursued for those suppliers who are deemed extremely important for the short-term and long-term operations of the company. It takes a lot of time, effort and energy to build strategic relationships. It also requires the involvement of top management from both parties to ensure its success. One of the key objectives of strategic management is to leverage the total potential with one solid relationship instead of many. Another aim would be to fully avail of the expertise offered by the supplier. (Bendixen, et.al, 2007, p.3) Skilful negotiation is another feature of supplier relationships. Negotiation is usually considered an art then a systematic method. Negotiation is defined as the amicable reaching of agreement among all involved parties. Successful negotiation depends on three important factors. The first is the compelling drive to succeed. Second is the strong comprehension of fundamental concepts; and third is good fortune. In essence, success or failure in negotiation is more dependent on â€Å"actions, inaction, habits, idiosyncrasies, blinders, insights and clever strategic movements of the individual involved, more than the terms of the agreement or other formal elements of the proposed transaction.† (Hanselmann, 2001, p.60) There are three different types of negotiation. These are: â€Å"The first is internal, which primarily involves managers and employees focusing on work and employee issues, such as job roles, pay, goals, priorities, tasks, productivity and deadlines. The second type of negotiation is external. This type of negotiation occurs between an organization and an external party, such as a customer, a suppler or your insurance carrier. All of us in the credit profession are involved in external negotiation on a daily basis. Some examples of external negotiation are bid proposals, delivery schedules, quality, deadlines, financing and the approval to supply our customers on a credit basis. The third type of negotiation is legal, which involves an organization abiding by the legal requirements of the various governing agencies.† (Hanselmann, 2001, p.60) Bendixen, Mike, Russell Abratt, and Preston Jones. â€Å"Ethics and Social Responsibility in Supplier-customer Relationships.† Journal of Applied Management and Entrepreneurship 12.1 (2007): 3+. Brevig, Armand. â€Å"Getting Value from Vendor Relationships.† Searcher Oct. 2008: 28+. Hanselmann, Jacob J. â€Å"Success in Negotiation.† Business Credit Sept. 2001: 60+. Good relationships with suppliers are essential for running successful businesses. Managing supplier relationships can be a challenging and resource intensive operation. It would also require time and energy to be invested. Hence, it is important that the management identifies priorities in this area and focus their attention there. Segmenting the vendor base is one practical way of accomplishing this task. That is, instead of treating all vendors in equal footing, giving preferential treatment to key vendors is the right way to go. This is especially valid when the business enterprise is fairly large. The management needs to assess supplier relationships in terms of their complexity and criticality and then prioritize. In order to ascertain how complex the relationship with a particular supplier is, the following factors should be considered: â€Å"1.Number of individual relationships (contracts) your organization has with the vendor. 2. Variety of information .

Illness and disability Essay Example | Topics and Well Written Essays - 250 words

Illness and disability - Essay Example A majority of the health differences are a function of finance. Social support is the most critical of these factors. Among the elderly, dementias, depression and alcoholism have been found to be the most common emotional problems. These give arise to other health problems. In particular, Alzheimer’s disease is one of the most common problems among the elderly, and this requires great care and attention. Unfortunately, some of these elderly persons deny their heath challenges, and this makes the process of treating and caring for them difficult. There is however a disturbing feeling among healthcare providers that the elder should receive less concern. They are offered inferior medical assistance compared to other groups. Some physicians believe that the elderly are a burden to the healthcare system. Luckily, there are those physicians who develop a personal relationship with these patients. According to medical experts, it is important for physicians to feel the emotional side of the patients’ well-being. There is a wide range of programs available for the elderly, and some are in-home programs. However, most of these programs, especially the in-house care, are expensive and thus unavailable. According to the video, board and care homes are a good option in enhancing the quality of care among the elderly. Unfortunately, the United States does not compare well with other developed nations when it comes to caring for the elderly. As the population of the elderly continues to increase, there is need to plan for how the ir health needs will be addressed. The University of Hawaii Center on Aging. " Growing Old in a New Age: Illness and Disability."Annenberg Learner - Teacher Professional Development. Annenberg Media,  1993. Web. 20  Nov.  2014.

Argument paper FOR the legalization of marijuana Essay

Argument paper FOR the legalization of marijuana - Essay Example The economic feasibility of decriminalizing marijuana has become a much-discussed subject in recent years. The federal government presently spends a lot of capital on law enforcement to combat distributors and producers of drugs. By legalizing drugs this could eradicate much of the profit, bloodshed and corruption of that trade. If legalizing drugs is to have a positive effect on the crime rate, drugs must be made both inexpensive and available. Studies have repetitively suggested that prohibiting marijuana in the U.S. has not shown to be efficient or effective. According to the Drug Policy Alliance, â€Å"U.S. federal, state and local governments have spent hundreds of billions of dollars trying to make America ‘drug-free.’ Yet heroin, cocaine, methamphetamine and other illicit drugs are cheaper, purer and easier to get than ever before. (â€Å"England.† 2006) The damage done by the ‘war on drugs’ to underprivileged countries that produce the drugs and poor persons within the wealthy nations who buy the drugs exceeds any benefits achieved by the current bans. These government’s drug laws have not produced the desired results of reducing drug use, instead a great number of innocent people have had their lives ruined. â€Å"Many critics argue that the increased toughness of that policy has done more harm than good. Some go so far as to suggest that drugs should simply be legalized† (Caulkins, et al. 2005). If marijuana were legalized, governments would have the ability to regulate quality and, like alcohol, the ages allowed to purchase and the ability to add safety warnings to help educate users. People in this country who only use small amounts of marijuana have routinely been arrested and jailed for mere possession; actions that don’t take drugs off the streets or persuade more people to quit using the them. At the same time, imprisoning those who possess marijuana creates a burden on society as tax dollar s must be increased to support these people who are no longer free to secure employment outside prison. The domino effect of this circumstance puts more children and their families onto the welfare roles, contributing to their consequential failure and dependence on society. (â€Å"England.† 2006) â€Å"In the United States, drug use is illegal and the police hunt down drug users to throw them in prison. Four thousand people died from illegal drugs in the US last year and we now have more than 600,000 people in prison on drug charges.† (Schaffer, 2006) While much literature exists that provides evidence for both sides of this subject, what seems very clear is that the ‘war on drugs’ remains unsuccessful at its principal goal – that of stopping drug use within the nation’s border. High school students continue to find marijuana extremely easy to come by, numbers regarding the use of marijuana remain stable and there is an increasing trend in t he country for reforming the archaic laws. The entire reasoning behind drug war is prohibition, limiting the supply which would in turn limit use. (Males, 2010). The hypothesis holds that by limiting the source so as to make it practically impossible to acquire the demand for these products will inevitably, and somehow magically, disappear. Prohibition strategies

Effects of Imperialism in Africa

Effects of Imperialism in Africa In the 1880s, the scramble for Africa began, which brought destruction to the continent. Europeans helped Africa in many ways but it was primarily for their benefits too. The westerners arrived with a main purpose of gaining for themselves with no regards for the effects they imposed on Africa. Although countries like Equatorial Guinea and Morocco improved slightly due to the Europeans, other countries, such as Nigeria and South Africa, suffered greatly. Morocco didnt have roads before it became a French protectorate. Roads, buildings, and other infrastructures were constructed when the French arrived in the early 1900s  [1]  . Railroads were built too to facilitate trade and transportation. France got Morocco started with their industries by building mining plants and influencing their music, food, and culture. Modern day Morocco has a lot of French style bakeries and universities teach math and science in French  [2]  . What France gave to this striving nation helped them. Various infrastructures were constructed; their culture was enriched by the Frenchs, and modern day Morocco is heavily influenced by Frances lifestyle and language. France didnt only leave behind a positive legacy, Spain too left favorable impacts on Equatorial Guinea. Historian and author Tim Harry said that Equatorial Guinea achieved some of the highest literacy rates amongst local people anywhere in the continent  [3]  due to the effects of Spanish imperialism. This is an amazing contribution to the country in terms of education and as historian Tunde Obadina analyzed, Colonialism laid the seeds of the intellectual and material development in Africans.  [4]  Economically, Spain improved the country tremendously as they created more jobs and it resulted in Equatorial Guinea having the highest income per capita rate compared to her bordering countries  [5]  . With the help of both these European countries, small nations such as Morocco and Equatorial Guinea were able to develop and further narrow the economic gap between their nations and the Europeans. As France and Spain occupied Morocco and Equatorial Guinea respectively, Nigeria saw themselves occupied by the British in the mid 1800s. Lagos, a fishing village, was colonized and made into a port in the 1960s. According to British historian, A.G. Hopkins, from the University of Texas , The purpose of these moves was to suppress the slave trade and to encourage instead the rise of legitimate commerce  [6]  , it means that they would like to continue the trade system without requirement of slaves. They put a halt on the slave trade because they wanted to improve the Afro-European trading relation so that they would be able to extract and export palm oil and palm-kernels, which were palm tree products that grew a lot in Lagos. Their real intentions were to benefit themselves. To achieve this, they balkanized the different oil producing regions in Nigeria and forced the local people to export their oils so that the British could produce things like railways, soaps, cooking fats, a nd pharmaceutical products  [7]  . By 1900, 89% of the nations export was their oil  [8]  . Aside from a lost to their economy, the Nigerians suffered a great loss of their lands and people. Lt. Col. Yakubu Gowon, the Head of State back then said I receive complaints daily that up till now Easterners living in the North are being killed and molested and their property looted  [9]  . Not only did they lose their lands and people, the Nigerians rights were abused. To make governing easier and for the economic interest of the British, indirect rule and separate development policy were stationed in two sections of the country, one being in Lagos  [10]  . This created a large division in Nigeria as described by Sir Hugh Clifford, the Governor General of Nigeria (1920-1931), [Nigeria was] a collection of independent Native States, separated from one another by great distances, by differences of history and traditions and by ethnological, racial, tribal, political, social a nd religious barriers.  [11]  Each region of Nigeria developed different lifestyles and ideas. Furthermore, on the New Nigeria Newspaper in 1986, an Itobo Ojobo said that, It was the introduction of party politics by colonial administration that set off the fire of ethnic conflicts in Nigeria  [12]  , describing how the western powers elevated the conflicts in society. In 1967, the Biafrans wanted to fight for freedom and unification, thus began the Biafrans secession, more commonly known as the Nigerian Civil War. Britain sent over aircrafts to support the Nigerians and bombed densely populated towns and villages of the Biafrans. Scorpion tanks ran over troops, and flame throwers and gasoline bombs caused devastating effects that left the country and their people burned and wasted  [13]  . The civil war was so horrifying that the Red Cross members werent allowed in there for months. Famine and disease started developing fast and by the end of the war, over a million peo ple had died and thousands more were displaced into bordering countries  [14]  . The killings were so mass that historian Marcus Brooks described the scene as Burned, dismembered and mangled corpses littered villages, rivers, streams and everywhere else  [15]  . When the British left Nigeria, they left behind few rail lines, rudimentary infrastructure and a few thousand graduates, but other countries faced worst from their colonizers, like Mozambique, who had only about 40 graduates because of the Portuguese  [16]  . An evaluation of British imperialism in Nigeria would show that they took from the Nigerians for the improvement of their nation. They took Nigerias oil to produce products for their people and they banned slavery to improve relationships just so that they can continue with their export. When there was a revolt against their colonization, the British went all out on the African country, destroying lands and civilization. It took about 20 years to rebuild the nation. Economically, Nigeria lost a lot as the British exported a majority of their oils back to their home country and their nation was crushed by the war. Also, Britain contributed to the great seperation of Nigeria by dividing the nation through the oil producing regions. Nigeria lay in ruins because of the British. South Africa saw itself lay in ruins too due to British Imperialisms. The British wanted the fertile soils, diamond mines, and gold deposits of South Africa, but the Zulu tribe stood in their way. The British sent 30,000 troops led by Lord Chelmsford to battle the Zulu nation. As a result, 15,000 Zulus died reducing them to a small quantity. In the final battle in 1899, the British completely wiped out the Zulus and their civilization  [17]  . In effect, the rest of South Africa fell under British hands. Over in Kenya, the British fought and killed 12,000 Kenyans during the Mau Mau Rebellion, some of them died in confinement camps  [18]  . A few thousands more were displaced or driven away from the country, leaving their people scattered in neighboring countries. Europeans didnt only bring troops over, they brought diseases too. Rinderpest, a European livestock disease killed off 90-95% of the live cattle in Africa and other grazing animals  [19]  . The lack of grazing an imals changed the landscape that made it easier for tsetse fly to nest. The tsetse flies spread a sleeping sickness that killed about 200,000 Ugandans from 1902-1906  [20]  . African tribes were very dependent on their livestock; as a result, tribes like the Masaai in Tanzania lost two thirds of their population  [21]  . The livestock diseases also brought with it epizootic, a lung disease that hit many animals in South Africa  [22]  . Other diseases from the Europeans that affected the continent greatly were smallpox and malaria because the Africans didnt have much immunity to them. Disease became a huge factor in the deaths of the African continent, both directly and indirectly; without livestock comes no food, which leads to starvation. However, these werent the Britishs intentions. One of their main intentions of colonizing Africa was for their resources. Diamond mining was very profitable for the British in South Africa. They used slave labor force (the South Africa ns) to dig out the diamonds and left the higher and more important jobs like polishing the diamonds to the white people  [23]  . The mining was harsh work and that separated families, leaving women and children unsupported. Lands needed for mining displaced many people from their homes  [24]  . To make these lands appropriate for mining, erosion, and deforestation, flattening of mountains took place  [25]  . The mining released toxic chemicals that polluted the rivers and soils and the dust from the bulldozers and transportation caused air pollution. Families and lands were devastated. Over in Madagascar, French colonialism in 1986 caused deforestation when they started to modify the rice harvesting lands for the growth of coffee beans when the French found out they profited from the coffee more  [26]  . This resulted in a rice shortage in Madagascar in 1911. To feed themselves, the people started to grow more rice resulting in the burning and clear cutting of the fo rests, which destroyed it  [27]  . Although the country tried to improve things by prohibiting shifting cultivation, they permitted forest logging in 1921 which increased the number of deforestation and illegal cutting of trees resulting in roughly 70% of the primary forest destroyed in the 30 years between 1895 and 1925  [28]  . The French imposed policies that made Madagascar importers of foods, which displaced local people from their homes and the resources fell under the control of the French. Coffee plantations caused a lot of erosions and the fertile lands cleared for it and replaced with monoculture (for coffee) was unsuitable for plants and animals from the previous forest to live  [29]  . Lack of food resulted due to the loss of plants and animals. From wars, diseases, and human and lands abuse, the African continent and its people saw itself devastated by the French and the British. From a period of about 30 years, the scramble for Africa became the destruction of Africa. Spain left the fewest but most positive effects in the continent. France improved Morocco slightly but their colonization in Madagascar left the tiny island wrecked. Britain found themselves topping the destruction level of Africa. From Nigeria to South Africa, people, lands, and resources were greedily mistreated for the benefit of the powerful European island. Overall, the prints that the westerners left behind were an ugly sight.

Culture Clashes in Multi-Cultures Essay

In 21st century the most visible fact about society is that they comprise too many types of culture in it together. This is due to the cultural and physical wars which have existed for million years between big communities and also every single little one included in them. This multi-cultural structures societies are usually the return of the colonialism. Big and strong communities having the little and weak ones as colonies enforce them to live with each other who have different types of cultures and traditions.On the other hand multi-cultured societies also are consisting of different types of people who chose to live in the same area because of being suitable for life, having many chances for jobs and prosperious consumption and manifacturing. Sometimes this groups of people adapt to the situation but sometimes they create contrariness and clashes. Kofi Annan, who is the Former Secretary-General of the United Nations uttered that in closly interconnected peoples the inter-cultural dialogue and respect for diversity form the principals of them. His point of view explains that if people strive to understand each other, listen each other and don’t refuse before hearing their beliefs, traditions and protocols, respect other’s thoughts and accept that everyone can have different characteristics and beliefs make closly interconnected groups more comfortable and peaceful. If people don’t obey and accept this respectance then it is definite that clashes will occur in the society. Because human nature is prone to be conqueror in all of the conflicts and struggles. Because we love to win, be justified and prepondarent. When everyone thinks that they are right then a clash occurs because people tend to close their ears to hear all of the other different point of views and thoughts. Because of misunderstandings and dis agreement between the cultures a terrific drama is observed. The political scientist Samuel Huntington thinks that people’s cultural and religious identities will be the primary source of conflict in the post Cold-war world. This shows even the science took culture clashes as a notion and this highlights the severity of it, and what it can bring. In my opinion these clashes are caused by the narrow-minded people. In the past, way before the french and industrial revolution it is so hard to see people who think logically and open-minded. After the efficient developments people changed and improved art, philosophy, psychology and science. Unfortunately these improvements couldn’t and still can’t affect some group of people especially the uneducated population. Because of this group having limited point of view they reject the diversity of people and cultures. And results can be both national and universal. After the struggles between the groups in the same society rebellion can be occur and convulse the government’s discipline. And also because of the idea that wants everyone same as themselves creates the ambition of enforcing other’s to be like them sometimes by wars and sometimes by financial strength. In my opinion the best way to resolve culture clashes is to educate public more and instruct them to be open-minded and respected toward new ideas, beliefs.

History of Comesa Essay

The Common Market for Eastern and Southern Africa traces its genesis to the mid 1960s. The idea of regional economic co-operation received considerable impetus from the buoyant and optimistic mood thatcharacterised the post-independence period in most of Africa. The mood then was one of pan-African solidarity and collective self-reliance born ofa shared destiny. It was under these circumstances that, in 1965,the United Nations Economic Commission for Africa (ECA) convened a ministerial meeting ofthe then newly independent states of Eastern and Southern Africa to consider proposals for the establishment of a mechanismfor the promotion of sub-regionaleconomic integration. The meeting, which was held in Lusaka, Zambia, recommended the creation of an Economic Community of Eastern and Central African states. An Interim Council of Ministers, assisted by an Interim Economic Committee of officials, was subsequently set up to negotiate the treaty and initiate programmes on economic co-operation, pending the completion of negotiations on thetreaty. In 1978, at a meeting of Ministers of Trade, Finance and Planning in Lusaka, the creation of a sub-regional economic community was recommended, beginning with a sub-regional preferential trade area which would be gradually upgraded over a ten-year period to a common market until the community had been established. To this end, the meeting adopted the â€Å"Lusaka Declaration of Intent and Commitment to the Establishment of a Preferential Trade Area for Eastern and Southern Africa† (PTA) and created an Inter-governmental Negotiating Team on the Treaty for the establishment of the PTA. The meeting also agreed on an indicative time-table for the work of the Intergovernmental Negotiating Team. After the preparatory work had been completed a meeting of Heads of State and Government was convened in Lusaka on 21st December 1981 at which the Treaty establishing the PTA was signed. The Treaty came into forceon 30th September 1982 after it had been ratified by more than seven signatory states as provided for in Article 50 of the Treaty. The PTA was established to take advantage of a larger market size, to share the region’s common heritage and destiny and to allow greater social and economic co-operation, with the ultimate objective being to create an economic community. The PTA Treaty envisaged its transformation into a Common Market and, in conformity with this, the Treaty establishing the Common Market for Eastern and Southern Africa, COMESA, was signed on 5th November 1993 in Kampala, Uganda and was ratifieda year later in Lilongwe, Malawi on8th December 1994. It is important to underline the fact that the establishment of PTA,and its transformation into COMESA, was in conformity with the objectives of the Lagos Plan ofAction (LPA) and the Final Act of Lagos (FAL) of the Organisation ofAfrican Unity (Organisation of African unity). Both the LPA and the FAL envisaged an evolutionaryprocess in the economic integration of the continent in which regional economic communities would constitute building blocks upon which the creation of an African Economic Community (AEC) would ultimately be erected.

Western Exportation Of Contemporary Casino Leisure

The casino environment is a space of which I am quite familiar. I have spent a considerable proportion of my working life on the casino floor. During my time working for Crown and for other operations, I spent the majority of those years in the VIP gaming rooms that specially catered for specific ethnicities. There are various factors that contribute to the relationship between casinos and the Chinese and Vietnamese peoples. In the following essay I explore the Western exportation of contemporary casino leisure and entertainment spaces to Asia. I examine the spaces and environments casinos produce and how Asian cultural groups use and inhabit them. I expand to contextualize the casino as a venue for entertainment and its function contributing to behavioral and cultural practices of expatriate migrant communities. I conclude by proposing that disruption of the gambling industry from online alternatives will impact social behaviors of communities’ in ways that may contribute to adaptations of interpersonal connections and cultural exchanges for people of Chinese and Vietnamese cultural identities. The Japanese parliament has recently delayed hearings regarding legalizing casino gambling for the remainder of the year. Legal forms of gambling in Japan, such as Pachinko or sports and race wagering exist without a human adversary and are experiencing a rapidly declining opportunities for human interaction for the user experience. Live table games offer significantly more human

Why Marx s Social Theory Place So Much Emphasis On Class...

Why does Marx s social theory place so much emphasis on class conflict and the economic aspects of society? Karl Marx is one of the most influential and revolutionary philosopher, economist and sociologist of the 19th century. His thoughts not only shaped our understandings of the capitalistic world but also created a new system of social organization, communism. His ideology also defined the key political figures of the cold war period such as Stalin, Mao and Castro. Without Marx, the modern history would have been completely different. Despite his rather bourgeoisie family background, he was able to closely observe the struggle of proletariat and identified the injustices in the capitalist system. In the following section, I will define terms that Karl Marx used in his works. The term bourgeois is defined as the owners of the means of production. In oppose to bourgeoisie, the proletarian or the wage-earner is defined as â€Å"a class of labourers who live only as long as they find work, and who find work only as long as their labour increases capital† (I. Craib, Classical Social Theory, 99). Economic is defined as relating to the process or system by which goods and services are produced, sold, and bought (Merriam-Webster, 2016). The economic process that we will mainly focus on is capitalism. In a capitalist society, the main goal of any firms is simply to make profits for the owner. In the following essay, I will attempt to explain why doShow MoreRelatedWhy Marx s Social Theory Place So Much Emphasis On Class Conflict And The Economic Aspects Of Society?1630 Words   |  7 PagesWhy does Marx’s social theory place so much emphasis on class conflict and the e conomic aspects of society? Introduction There are many reasons why Marx’s social theory places so much emphasis on class conflict and the economic aspects of society. 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Ohio State Football as a Religion Essay - 2320 Words

As the sunrises over the crisp fall horizon, followers begin to surround the sacred space in anticipation for what is about to take place. The sacred space is soon surrounded by people who are dressed in the sacred colors, some wearing necklaces of their totem, while others wear headdresses that adorn with their sacred symbol. People begin to drink, play music, and prepare a banquet feast for each other, creating a festival atmosphere in hope that today’s ritual will be a success. As the ritual gets set to begin followers begin to crowd into the sacred space, surrounded with pictures and names of those who have reached greatness. As the ritual begins, music is played in order to bring everyone together and prepare for the events that†¦show more content†¦Through its use of myths, rituals, devotion of the fans, and use of space as well as time, Ohio State Football seems to be more then just a sport to many people, it seems to be a religion. In this paper I will aim to show that, as the world seems to become more secular through modernity there also seems to be a â€Å"resacralization† of the world. Looking specifically at the resacralization of the world, I hope to show that sports can function as a religion; particularly within the context of Ohio State Football. I will aim to find clear patterns and themes between traditional and/or primal religions and the Ohio State Football Culture. These patterns allow the culture to act as a new form of religion, blurring the line between the sacred and profane. Ohio State Football Functioning as Religion? In his book, Authentic Fates: Religion and American Popular Culture, David Chidester looks at number of different themes in pop culture and the religious dimensions that surround them. 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Business Law Ultra Vires free essay sample

The International and Comparative Law Quarterly, Vol. 20, No. 2 (Apr. , 1971), pp. 301315 Published by: Cambridge University Press on behalf of the British Institute of International and Comparative Law Stable URL: http://www. jstor. org/stable/758032 . Accessed: 26/04/2013 02:48 Your use of the JSTOR archive indicates your acceptance of the Terms Conditions of Use, available at . http://www. jstor. org/page/info/about/policies/terms. sp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [emailprotected] org. . Cambridge University Press and British Institute of International and Comparative Law are collaborating with JSTOR to digitize, preserve and extend access to The International and Comparative Law Quarterly. ttp://www. jstor. org This content downloaded from 140. 159. 34. 46 on Fri, 26 Apr 2013 02:48:44 AM All use subject to JSTOR Terms and Conditions SHORTER ARTICLES, COMMENTS AND NOTES IS THE DOCTRINE OF ULTRA VIRES DEAD? MOST traditions die hard and it seems that, despite a long and often apparently successful defensive campaign, the supporters of the doctrine of ultra vires would probably now admit that if the doctrine is not dead it is no more than a walking corpse. In Australia this has been brought about by two developments, and in the U. K. he first development is expected shortly to be introduced by amendment to the Companies Act. The first, a statutory development, is seen in the introduction into the Companies Acts of the various Australian territories and states, of provisions which are aimed at giving to companies almost unlimited powers and which are aimed at virtually abolishing the doctrine except for limited purposes; 3 the second is seen in the interpretation given to an objects clause in a companys memorandum of association which vests in the directors the power to carry out whatever business they deem would be beneficial to the company. 4 In the evidence given to the Jenkins Committee on Company Law Reform, the supporters and opponents of the doctrine had ample opportunity to elaborate their views The former pointed to renewed interest in investment. . . . we feel that there is now a new race of investors appearing, the little man, and we think that everything should be done so that he knows exactly what is happening; if he buys shares in a company he ought to know . .. the activities of the company . . . in which he placed his money. 5 The opponents view is characterised by the following statement made in the report of the Cohen Committee. . . . the doctrine of ultra vires is an illusory protection for the shareholders and may be a pitfall for third parties dealing with the company . . . the ultra vires doctrine serves no positive purpose but is, on the other hand, a cause of unnecessary prolixity and vexation. It is not untrue to suggest that a careful appraisal of the evidence before the Jenkins Committee reveals that the majority of witnesses supported its Generally referred to as ultra vires, although it is occasionally referred to as extra vires. This is to be contrasted to illegal actions (see infra) and actions which are outside the powers of directors. See e. g. , Penningtons Company Law (2nd ed. ) (1967) pp. 144 et seq. 2 See Wedderburn The Death of Ultra Vires (1966) 29 M. L. R. 673. 3 ss. 19 and 20 of the uniform companies legislation. This legislation which is uniform in many respects was introduced into the various states and territories within a short period during and after 1961. It is convenient to refer to the various legislation as the uniform Companies Acts. See Wallace and Young, Australian Company Law and Practice (1965) pp. 95-100. 4 The high water mark of this development is the U. K. Court of Appeal decision in Bell Houses Ltd. v. City Wall Properties Ltd. [1966] 2 All E. R. 674; [1966] 2 Q. B. 656. 5 Evidence of Mr. Ockleston on behalf of the Council of Associated Stock Exchanges in evidence before the Company Law Committee (Jenkins Committee), 8th Day in answer to Question No. 2418. 6 Committee on Company Law Amendment. Cmd. 6659/45, para, 12, p. 10. 1 301 20 I. C. L. Q. 1 This content downloaded from 140. 159. 34. 46 on Fri, 26 Apr 2013 02:48:44 AM All use subject to JSTOR Terms and Conditions 302 International and Comparative Law Quarterly [VOL. 20 abolition 7; those who wished it retained were more vocal and more emotional in their claims. 8 The conclusions of the Jenkins Committee were such that the doctrine would if the committees report were adopted be abolished except for very limited operations. In this regard U. K. legislation would differ from the Australian approach. The Committee recommended that 9: (a) a contract entered into between a company and another party (including a shareholder contracting otherwise than in his capacity as a shareholder)contractingwith the company in good faith should not be held invalid as against the other party on the ground that it was beyond the powers of the company: he should not, however, be allowed to enforce the contract without submitting to perform his part of it so far as it is unperformed; (b) in entering into any such contract the other party should be entitled to assume without investigation that the company is in fact possessed of the necessary power; and should not by reason of his omission so to investigate be deemed not to have acted in good faith, or be deprived of his right to enforce the contract on the ground that at the time of entering into it he had constructive notice of any limitations on the powers of the company, or on the powers of any director or other person to act on the companys behal f, imposed by its memorandum or articles of association; The other party should not be deprived of his right to enforce the contract on the ground that he had actual knowledge of the contents of the memorandum and articles at the time of entering into the contract if he honestly and reasonably failed to appreciate that they had the effect of precluding the company (or any director or other person on its behalf) from entering into the contract in question; (d) there should be no change in the position of a company in relation to ultra vires contracts entered into by it. In Australia the campaign for abolition has been almost completely successful. By section 20 the doctrine is virtually abolished, being retained for certain specific cases which shall be mentioned later. But it is clear that there is still some room (theoretically) for the doctrine to operate. Whether this room offers any real scope for the doctrine to operate or is merely a concession to those wishing to retain it, is dependent, not only on a strict interpretation of the section, but also on assessing to what extent the liberal interpretation given by the U. K. Court of Appeal to a particular objects clause in the Bell Houses case 10 can be said to offer the draftsman a virtual open season, thus enabling the company to be vested with any powers that the directors may in their wisdom choose to put into operation. Before discussing these particular problems it is appropriate to study in a little detail the history of the doctrine to understand the reasons for its introduction and retention over the last 100 years. 7 e. g. Registrar of the Companies Court (5th Day), Chartered Institute of Secretaries (11th Day), Institute of Directors (11th Day). The General Council of the Bar (13th Day), The Law Society (15th Day). 8 e. g. , Council of Associated Stock Exchanges (8th Day), British Insurance Association (9th Day), Association of Investment Trusts (10th Day). 9 Cmnd. 1749/1962, para. 2. 10 Supra, n. 4. This content downloaded from 140. 159. 34. 46 on Fri, 26 Apr 2013 02:48:44 AM All use subject to JSTOR Terms and Conditions APRIL 1971] Is the D octrine of Ultra Vires Dead? THE INTRODUCTION OF THE DOCTRINE 303 It has been held as a principle of English company law that companies created by Royal Charter, although created for a clearly defined commercial purpose-for example to carry out trade in a particular area-had the capacity of a natural person. 1 This freedom was extended to all things which were not forbidden by the law. However, companies created pursuant to Acts of Parliament were not regarded as having this power. This is as much a matter of constitutional law as it is a matter of doctrine. 12 There is no authority in the courts for this interpretation but the historians all agree that as such the doctrine of ultra vires can be traced to the beginning of the era of modern company law. Dr. Horrwitz in an interesting archaeological survey finds 13 the doctrine first referred to (in its modern context) by Mr. Ker, an eminent barrister, who was a witness before the Select Committee on Joint Stock Companies. 4 Mr. Ker stated that in any statute dealing with companies there should be a provision preventing the altering the nature of the undertaking (to be precisely described in the Deed) except on having a new deed. 15 A very similar suggestion was made by a Mr. J. Duncan. 15 Under the Joint Stock Companies Act of 1844 16 which set up the structure of modern company law 17 joint stock companies could be registered. A deed of settlement had to be filed which contained, inter alia, the name of the company, the objects and the names and addresses of the promoters. The powers of the company were, by virtue of sections 24 and 25 of the Act, purported to be limited to those set out in the deed and in the latter section. However the deed of settlement could be altered by unanimous consent of members. The concept of limited liability, although desired,l8 was not introduced by this Act.