Lifting the Veil of Incorporation Case Study Example | Topics and Well Written Essays - 1500 words

Lifting the Veil of Incorporation - Case Study Example The doctrine of separate personality of a corporation engendered by the sheer act of incorporation is a well entrenched principle in English law. The doctrine simply states that once a company is formally incorporated in accordance with law, it starts to possess a personality of its own, one distinct from its members and stockholders. This distinct personality, by fiction of law, protects a corporation from the consequences of the individual acts of its members and stockholders. The principle had its beginnings in the Roman law and was officially adopted by English law in the early case of Salmon v The Hamborough Co (1671) 1 Ch Cas 2041. Unfortunately, this principle had been, time and again, employed as a vehicle to evade individual liabilities and responsibilities that the courts were compelled to 'lift the veil,' so to speak, that separates corporations from their stockholders. Recent developments in the corporate world, however, had made it difficult to anticipate when judicial i nterference will be exercised to lift or pierce the veil of incorporation as courts have exhibited equivocations in handling 'lifting-the-veil" cases in the past. The case of Adams, however, seemed to have narrowed down the principles when judicial interference may be exercised in such cases.In the early days before the advent of complex corporate structures, there was not much question about the application of the corporate separate personality or the "lifting of the" veil cases. ... The economy soon turned bad which affected Salomon Ltd's business, forcing it to seek loans from outside creditors among which was a Mr. Broderip. The company, however, failed to revive itself and paying the loans became difficult. Broderip sued to obtain payment for his secured loan and the company went into liquidation. 2 The liquidator, subsequently handling the company's winding up, argued that the corporation was a fraud and that therefore Salomon's debentures should be made to apply as payments to the company's creditors. The decision was debunked by the House of Lords which sustained the separate nature of the company's personality from that of Mr. Salomon. The HL held that, on its face, the incorporation was valid and in accordance with the formalities of law and therefore the court is precluded from reading meaning or inserting their own version of the law into its incorporation. There was nothing unlawful about Salomon holding ownership of more than half of the company's shares or of the fact that the subscribers or incorporators were all members of his family to which he wielded great influence upon. 3 Judicial Interference Although the Salomon principle had since been held the classic view, court decisions have swung from one side to another that it became difficult to anticipate whether they would adhere to the Salomon principle or not in every case. The basic presumption is that the court will lift the veil of incorporation in instances when "equity demands that justice be dispensed." Yet, court decisions have shown that there was no clear-cut rule as to what constitutes injustice that would merit court intervention and disregarding the principle held in the Salomon case. 4 This equivocation is illustrated in the

The Brand Promotion of Tesco in Beijing City, Research Proposal

The Brand Promotion of Tesco in Beijing City, - Research Proposal Example The research methodology is explained in terms of selection of the methodology, and the process employed for data collection, processing and analysis. The thesis of the research to be undertaken is the assessment of the brand promotion of Tesco in Beijing city, particularly related to the sales promotions strategy and tactics employed by the company to target the house wives segments for its products and services. The purpose of the proposed research study is to be able to analyze the marketing strategies that are employed by the retailer Tesco in China. More specifically the role of sales promotion as used by the company to target the housewives of the Beijing city is analyzed to determine the effectiveness of the sales promotion, the change in consumer perception due to promotions, the changes in the consumer behavior as a result of the promotion and the contribution that it makes to the overall brand persona of Tesco. 5. Recommend any possible marketing, advertising, branding and promotion strategies related to sales that can help Tesco better target their customers in China and attract them towards the products and services of the company The proposed research would be based on the concept of marketing management as highlighted by Kotler (1988) which is the process if applying the theories of marketing and the relevant strategies into the marketing techniques and actionable tasks for the promotion of a business. Another theoretical concept that is used by the proposed research is that of branding and brand management. Essentially a brand is a perception of a company or an entity in the minds of the consumer. However the management of the brand is an extension of marketing and is strategically linked with promotion. Aside from this the concepts of sales promotions, consumer behavior, consumer purchase behavior, consumer decision making process are also explored in the research in relation to how they influence the promotion strategy used by Tesco to target housewives in Beijing. The proposed research can provide to be significant for students, marketers, future researchers in the field of brand promotion and marketing as well as for the Tesco Company. The students can be provided with possible linkages between the sales promotion strategy of the company and the overall brand promotion of a brand. Moreover the promotion employed by brands in different markets can also be highlighted through the

Prison Nursing Essay Example for Free

Prison Nursing Essay I had been a nurse for 1 yr, and only worked in long term care. I craved a change in my career that was exciting, yet challenging; I decided to become a correctional nurse. I had no idea what was in store for me when I applied for a position with UTMB . I spoke with family and friends who thought I was crazy for wanting to work in such a hostile environment. Needless to say, I didn’t listen and followed my own instinct. When I was hired, I had not taken a tour of the facility; day one was the first time I walked into a prison. As I walked in the gate house, I was saying to myself â€Å"this isn’t so bad! I kept telling myself those same words the whole time I was taking my shoes off , letting my hair down to be searched, and getting frisked while checking for contraband. After the most violating pat down I had ever received was over, my heart began to pound. â€Å"What am I getting myself into? † Once in the infirmary I was given a brief description of job duties. By now my heart was in my throat, but I kept up the brave front . I learned that I would be working in our clinic with convicts that required inpatient medical care. My role was to provide nursing care only. A few things I had to take into consideration; they were convicts. They could be quite manipulative and they tried to test me every time I turned around. They asked questions about my personal life and they asked for favors. They would also ask me to bring in things from the â€Å"real world† or deliver items or letters. This behavior could be grounds for termination so any and every time I was asked to do any of the things I listed or anytime an inmate tried to get to personal it had to be reported. The inmate would then have to face disciplinary action. It was very hard to remember all the dos and don’ts while maintaing professionalism, as well as maintain safety and sanity. In the Texas prison system the inmates endure grueling conditions. In the winter its freezing cold, old boilers are all they have to keep warm. In the summer its smoldering hot, old noisy fans are all they have to keep cool. Being tender hearted as I am, I couldn’t help but feel sorry for them. I was raised to see the good in every body. I was also raised to believe in an eye for an eye. It was really hard to provide unbiased care when I knew I was dealing with a child molester or a rapist. I know we were trained to put all our emotions aside, but in reality my emotions would sometimes get the best of me. I only worked as a correctional nurse for a yr. I enjoyed working with other members of the medical staff as well as correctional officers. I actually enjoyed working with the inmates, providing medical care. I have had my share of inmates cursing and yelling at me and have witnessed situations I will never forget. I learned very quickly to be thick-skinned. I learned to be tough in order to do the job and survive. I still reminisce about the adrenalin rush I would get every time and emergency would arise. I’m glad I made the choice to work at the Wynne Unit it was definitely a life changing experience.

For Whom The Bell Tolls :: essays research papers

Part II The title For Whom the Bell Tolls symbolizes the uncertainty of life and destiny, where the main character in this story finds himself in a series of unpredictable situations that are beyond his control. The only certain event in life is death and knowing that this may happen to anyone at any time, renders the protagonist powerless against destiny, which he approaches with a fatalistic disposition. Part III For Whom the Bell Tolls takes place in Spain, during the bloody civil war, between the years of 1938 and 1942. It unravels among people who live in the rural mountain areas of Spain. They were forced to kill others in order to survive and to defend their country from fascist. The environment where the actions unfolds are the roughed mountains. A lot of killing takes place in this story. It certainly was a time of fear and desperation. Many heroic military deeds are depicted here: Robert Jordan and his group of internationalists sabotaged bridges, trains and building. Lots of peasants are starved, tortured and killed, and many children were left orphaned. Part IV 1 "He lay flat on the brown, pine-needle floor of the forest, his chin on his folded arms, and high overhead the wind blew in the tops of the pine tree"(p.1) 2 "He crosses the stream, picked a double handful, washed the muddy roots clean in the current and then sat down again beside his pack and ate the clean, cool green leaves and the crisp, peppery-tasting stalks"(p.12) 3 "Robert Jordan breathed deeply of the clear night air of the mountains that smelled of the pines and of the dew grass in the meadow by the stream. Dew had fallen heavily sin the wind had dropped."(p.64) 4 "Now the morning was late May, the sky was high and clear and the wind blew warm on Robert Jordan’s shoulders."(p.311) 5 "Then he heard the far-off, distant throbbing and, looking up, he saw the planes"(p.329) 6 " Sweeeish-crack-boom! It came, the swishing like the noise of a rocket and there was another up-pulsing of dirt and smoke farther up the hillside"(p.494) 7 "The others came behind him and Robert Jordan saw them crossing the road and slamming on up the green slope and heard the machine gun hammer at the bridge"(p.505) 8 "He looked very carefully around the withers of the dead horse and there was a quick hammering of firing from behind a boulder well down the slope and he heard the bullets from the submachine gun thud into the horse"(p.

Debate Advertising Towards Children Can Only Be Seen as Harmless

Introduce team members- Aidan Laura Marketing Debate Notes: On average, children in the U. S will watch 25 000 – 40 000 television ads per year. $15 – $17 billion is spent on these ads ? marketers see children as the future and aim to create brand loyalty from a young age. Therefore positive advertising at children will help shape the future ? developing healthy/positive lifestyles in children from a young age van only benefit society in the long run. Children’s diets result from the interplay of many factors. Multiple factors account for childhood obesity, including individual, social, environmental and cultural factors. Parents & Money There are many children who appear not to be adversely affected by marketing targeted at them ? their parents’ instilled good values in them. Positive Effects of Advertising Children are the future and therefore allowing them to be subjected to more adult concepts that are displayed to them in marketing such as decision-making and critical thought can only prepare them better for the future. Marketing to children (and as a whole) works because it lives off of deeply held beliefs about self-expression & freedom of choice ? ideologies that children can only benefit from being exposed to. Marketers use overly creative tools to engage the young audience – this creativity can used in the future to be successful. Communication in itself can be a force for real good ? this good is often overshadowed by the bad effects marketing has on, however if it has the power to do this then the positive advertising must have the potential to be as effective. Marketing helps develop children’s media literacy and critical decision making, which are necessary in adulthood. Through marketing, children learn to analyse what they are presented with and become more street wise. Positive Advertising Examples Nickelodeon: encourages physical activity, community sport participation, consumption of fresh fruit and veg Harry Potter Books marketing: nowadays massive budgets are given to book releases as well as movies – Harry Potter and Twilight books were promoted heavily and the igh sales of these books shows how successful the marketing was. Aus Kick and other community sports advertisements: advertising and sports sponsorship encourage children to participate in some form of physical exercise. Breakfast Cereals: all children’s breakfast cereals either promote healthy learning (sultana bran- fight the fuzzies) or physical activity (nutrigrain- ironman, weetbix- aus cricket team). These cereals are often sponsored by a sports team or organisation and therefore the cereals brand can be seen when watching these sports along with the primary advertising. This encourages children to value physical exercise and value their education. In 1998 3,000 children and teenagers under the age of 18 years in the United States begun smoking. Non-profit organizations and government agencies used social marketing and advertising to prevent children and youth from starting smoking. Now in 2010 the number has dropped remarkably due to advertising, which as changed the social norm. Children and young people are an interested and active consumer audience that should be acknowledged, valued and respected. Figure 2 ‘What I eat every day’ was a clear concern, with 83% considering this important. Similar studies during the late 1990s carried out by HPI for Procter and Gamble and Sunny Delight showed children far less concerned about their daily diet than they are nowadays (advertising is benefiting children). Daily diet was important across the age spectrum, with children as young as six to nine saying what they eat was important. What they eat every day was important to 81% of 14-16 year olds. Figure 6 Children understand the context and consequences of healthy eating. They were asked how they thought eating healthily could beneifit them and while fuel and growth was naturally highest scoring, they also recognized that healthy eating gives energy and promotes general well-being. They themselves talk a lot about balance; they know eating healthy eating promotes well-being as well as helping you grow. They acknowledge the need for a variety of different foods (dairy for bones, vitamins in fruit and veg) although most are unsure why. Burt. M. , 2009, Marketing to Children – An Ethical Predicament, Ethical Corporation. http://www. ethicalcorp. com/content. asp? ContentID=425 (accessed 3rd March 2010) Benady. D. , 2008, The Positive Power of Pestering, Marketing Week. Shah. A. , 2008, Children as Consumers, Global Issues, http://www. globalissues. org/article/237/children-as-consumers (accessed 10th March 2010)

Analysis Of The Poem Twenty One Love Poems By Adrienne...

Adrienne Rich was a highly acclaimed twentieth-century poet who railed against war and the injustices in the world, and also used imagery that spoke tenderly of love—feelings that she sensed were both highly individual for her, but also universal. â€Å"Twenty-One Love Poems† were written between 1974-1976 to her lover of the time, and they track the course of the relationship through the sweet beginning stages, the development of mature love, and all the way through to its dissolution due to her partner’s seeming inability to â€Å"come out† and admit to her homosexuality at a time in society when relationships between women were not endorsed or supported. The language in these poems is very rich and weaves both ugly city imagery and elegant metaphors and similes together, with the apparent intention of making the reader search inside to see if the images and ideas conveyed by the language can be applied to the reader’s own experience of living too . While these poems are highly individualistic and at times very personal, this impressive and moving body of poetic accomplishment also reflects themes to which all human beings can relate. In an interview with Kate Waldman in â€Å"The Paris Review,† Rich herself states that: â€Å"As long as I can remember I have cared about the timbre, the phrasing of a poetic line. Ever since Snapshots, I’ve worked close to the pull and release of voices†¦ The voices may be individual, but they’re searching for a shared moral reality.† ThisShow MoreRelatedAnalysis Of Adrienne Rich s Twenty One Love Poems 1081 Words   |  5 Pages Love poems Adrienne Rich’s â€Å"Twenty-One Love Poems,† mainly focus on lesbian lovers which is a different style of writing from typical love poetry that is usually written by a man to a woman. The two poems that will be focused on are â€Å"To His Coy Mistress† written by Andrew Marvell as well as â€Å"There Is a Garden in Her Face† by Thomas Campion. Rich’s love poems mainly focus on two women who work together against all odds using the strength of their love. They also have a powerful love for oneRead More Examination of Womens Friendships through an Analysis of Katherine Philips Friendships Mystery4228 Words   |  17 PagesExamination of Womens Friendships through an Analysis of Katherine Philips Friendships Mystery: To My Dearest Lucasia When readers reflect on the poetry of the seventeenth century, poets such as John Donne and the Metaphysicals, Jonson and the Cavaliers, and John Milton often come to mind. The poetry crosses over various boundaries of Neoplatonic, Ovidian, and Petrarchan forms, for example, often with many references to women filling the lines. Described as helpless creaturesRead MorePoetry Essay Prompt2545 Words   |  11 PagesEssay Prompts (1970–2011) 1970 Poem: â€Å"Elegy for Jane† (Theodore Roethke) Prompt: Write an essay in which you describe the speakers attitude toward his former student, Jane. 1971 Poem: â€Å"The Unknown Citizen† (W.H. Auden) Prompt: In a brief essay, identify at least two of the implications implicit in the society reflected in the poem. Support your statements by specific references to the poem. 1972 NO POEM 1973 (exam not available) 1974 Poem: â€Å"I wonder whether one expects...† (No poet given) Prompt:Read MoreImpooving Employee Performance72019 Words   |  289 Pagesmanagement. As I thumbed through it, I noticed that the masthead listed ASTD’s regional vice presidents. There was Don Kirkpatrick’s name. At that time, thirty-ï ¬ ve years ago, Don was already one of the most signiï ¬ cant ï ¬ gures in the ï ¬ eld of training and development. Today, nothing’s changed. Don Kirkpatrick remains one of the most inï ¬â€šuential and thought-provoking thinkers and writers in the ï ¬ eld of performance management and the development of human talent in organizations. Most human resource management

Police Brutality - 3484 Words

The Price of Police Brutality Chris Lawton Union Institute and University Applied Ethics in Criminal Justice Management CJM 303 Professor Toni Bland October 19, 2012 Abstract This paper will differentiate between reasonable force and excessive force. I will describe when excessive force turns into police brutality and how the police culture can influence police brutality. I will discuss some of the many negative repercussions that excessive force / police brutality have on the law enforcement officers, agency, city, community and profession. The Price of Police Brutality Is there a difference between excessive force and police brutality? Is one worse than the other? What are some of the negative aspects associated with†¦show more content†¦There may be circumstances when no matter how much an individual officer may believe the force he applied was reasonable and just, the powers to be at that particular agency may deem it excessive. If an officer goes out every day with common sense and good moral character and does what he believes is right, sometimes these things happen. What turns an excessive force situation into police brutality? It is the mindset of the officer involved in the incident and his justification of the use of force. If an officer applies force to an individual to inflict punishment instead of over-coming resistance, then by definition it becomes brutality. Brutal is defined as grossly ruthless or unfeeling, cruel, cold-blooded, harsh, severe (merriam-webster.com/dictionary/brutal). An example may be an officer stops an individual in a park drinking a beer in violation of park rules. During the contact the individual pushes the officer and flees. The officer catches the fleeing suspect and tackles him to the ground. As suspect is on the ground he begins to put his hands behind his head he tells the officer he’s sorry and will comply, the officer sprays pepper spray in the suspect’s eyes. The officer gets up off the suspect, takes out his baton and strikes the suspect three times in the back while yelling at him he should never run from the police. Chasing the fleeing suspect and tackling him wouldShow MoreRelatedThe Causes Of Police Brutality810 Words   |  4 Pages Police brutality remains to be one of the most abused human rights in the US.Police have actet out in ways that have made people wonder â€Å"Are officers of the law really doing there job?† Over takats African Americans have gotten discriminated .But for over 50 years those who are to protect us are not.One of the reasons that The media contributes to police brutality is by leaving some stories untold or even change it which then leaves an false impression for the readers . The Media only reportsRead MoreA Report On Police Brutality1367 Words   |  6 PagesStudent Name Instructor Date Course Police Brutality There is various forms of human rights violation currently in the United States, however; Police abuse remains the most serious of them all. Police brutality is, therefore, the use of excessive force or even unnecessary force by the police while they are dealing with civilians. People are left wondering if the police are doing the jobs they were appointed to do under the law. They act in ways such as the use of guns and pepper sprays to intimidateRead MorePolice Brutality1569 Words   |  7 PagesPersuasive/Policy/Problem/Cause/Solution Central Idea/Thesis: Police brutality should be regulated with greater strength and objectivity. INTRODUCTION I. Police brutality is constantly made known to us all through mass media, but I hadn’t ever taken the time to truly grasp the severity of it until it hit close to home. A. Three weeks ago, a close family friend was brutally beaten in front of his children at a family gathering by the police. B. My purpose is to persuade my audience that police brutality should be regulated with greaterRead MorePolice Brutality And The Police Essay940 Words   |  4 Pages Police brutality refers to the use of excessive force against a civilian. The controversies that surround the topic of police brutality relate to different definitions and expectations over what is meant by excessive force. Indeed, police officers are expressly authorized to use necessary, reasonable force to perform their duties. As Jerome Skolnick, an influential police scholar in the United States, underscores: â€Å"as long as members of society do not comply with the law and resist the police, forceRead MorePolice Brutality And The Police851 Words   |  4 Pagesthe police, your opinion may vary. Let me ask you a question about our police force. But keep this in mind, in October 2015 alone, there was 81 deaths by the police. With that being said, who’s to protect us from whose protecting the block? I don t care who you are, you have to be able to realize nowadays that the police brutality is getting out of hand, that the power surge is growing and growing. Look around, there s an increase of civilians death via cops, an increase of reports of police wrongdoingRead MorePolice Brutality2853 Words   |  12 PagesPolice Protality: Introduction Police brutality has been and continues to be of major concern in society. First of all, police brutality is a term used to describe the excessive use of physical force, assault, verbal attacks or slurs, and threats by any law enforcement officer. Efforts to police communities, throughout history, have been tainted by brutality ans abuse of power to some degree. The term police brutality is commonly used very loosely to any and all forms of policeRead MorePolice Brutality1263 Words   |  6 Pagesï » ¿Police Brutality Did you know that Police brutality is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation, by a police officer? Despite major improvements in police practices (since 1981) reports of alleged police misconduct and abuse continue to spread through the nation. Police Brutality still goes on around the world today with improvements of enforcing police brutality in police departments. There haveRead MorePolice Brutality1865 Words   |  8 Pagesï » ¿Police Brutality is Prevalent Background Information Over the recent years, police have been one of the organizations to be associated with the largest cases of misconduct. Police brutality can be termed as the process of misuse and abuse of authority by the police. The rising cases of police brutality are causing more harm to the public, compared to the actions perpetrated by real criminals. Although police claim that it’s sometimes necessary to curb crime, the process is illegal and police officersRead MorePolice Brutality Over The Years1458 Words   |  6 PagesIt feels as if nothing has changed about police brutality over the years. The usual cycle is that juries acquit the police, cops get their jobs back, and brutality happens again. One of the most broadcasted cases of police brutality, was the beating of Rodney King. On the night of March 2, 1991, a bystander named George Holiday, videotaped the moment when five officers used excess force on an African American man named Rodney King, beating him with batons as he strugg led on the ground. Also, it wasRead MorePolice Misconduct and Police Brutality985 Words   |  4 Pages We hear about police misconduct case and wonder, Why don’t they do anything to stop this? Many say that we should keep the police officers’ perspective in mind. Others say that these actions are due to racism or post 9/11 paranoia. Whatever the excuse may be for these cases, there should be no need for violence anywhere. Police brutality videos go viral and reveal to the world that it actually happens and that it may happen to you too. This pervades people with fear and anger because their