Social Media And Its Effect On Society - 1155 Words

Social Media Today, there are just over 3 billion active internet users. Today using social media is the most common activity of children. People have technology right at the tip of their fingers, which isn’t exactly a good thing. Internet use is changing the way people are living their lives, and causing unhealthy addictions. Social networking sites do have a beneficial effect. They make it easier to keep up with their distant friends and family. However, these sites are preventing real life relationships. Although many people think they need social networking sites to keep up with their friends, networking sites should have a limited access policy, because it discourages too many people from physical interaction, identity theft has become a much bigger issue, and nothing is done about cyber bullying on these sites. With social networking and technology advances, there has been a huge decline in physical activity for all ages. For many people, social media absorbs too much of their time and is causing them to neglect important things in their life. The excessive time spent online has a negative effect on what could be their healthy lifestyle. Social networking sites are engaging people of all ages to become daily online users instead of getting the physical activity they should be getting. Children are spending more time online in just one day than they do getting exercise in an entire week. when in reality, children should be getting at least 60 minutes of physicalShow MoreRelatedSocial Media And Its Effects On Society1597 Words   |  7 PagesSociety Crumbles into Smithereens One Post at a Time You are walking out of the new Star Wars movie, posting about how superb it was, when suddenly you are swooped up and thrown in the back of a vehicle. No one would have thought posting about how you were there earlier would provoke such a situation. After all, social networking is â€Å"safe† and â€Å"friendly.† Now, social media is defined as â€Å"A form of electric communication through which users create online communities to share information,† accordingRead MoreSocial Media And Its Effect On Society1711 Words   |  7 Pagesinfluence usually are not the first words you would expect to come to mind when thinking about the term â€Å"social media,† yet with a little digging you will soon realize it could be the perfect description. Social media can be defined as forms of electronic communication through which users create online communities to share information, ideas, personal messages and other content. Most often social media is understood as a p ositive concept because of the ways it has allowed us to attain cheap and easilyRead MoreThe Effects Of Social Media On Society1359 Words   |  6 PagesIn a broad sense, Social media refers to elements such as websites, television, blogs, IM, and other applications that enable users to create and share various forms of content such as messages, pictures, and information, or to be able to participate in social networking. Social media depends on web-based applications, which allow a high level of virtual interaction on various levels such as social, professional, and educational levels. Social media has had various contributions to the developmentRead MoreSocial Media And Its Effects On Society1592 Words   |  7 Pagesdevelopment of vast social media networks has improved our communications and interactions. These networks, such as Facebook and Twitter, are essential to how information is shared and criticized. The Social Media Handbook defines social media as â€Å"networked information services designed to support in-depth interaction, community formation, collaborative opportunities and collaborative work† (Hunsinger, 2014 p.1). Having an account or profile on these sites is more than a social norm; it is a requirementRead MoreSocial Media And Its Effects On Society1359 Words   |  6 PagesPeople may say social media is good for you but is it really? Everyday, everywhere I always see people on social media calling people bad names, not being able to communicate face to face with each other. Social media, social media, social media†¦ oh what is has done to the world, so many students grades have dropped, criminals PROMOTE crimes. Ultimately, what is at stake here is social media will one day take over the world. People’s safety will be in danger, crimes will increase, people will getRead MoreSocial Media And Its Effect On Society1601 Words   |  7 Pagesrecent editorial titled â€Å"Hazards of Social Media† on your LinkedIn page on February 10th, 2016. It was very interesting to read your perspective on social media and its effect on society. Having an undergraduate major in Psychology at the University of Southern California and currently conducting research on social media usage at the Brain and Creativity Institute of USC, I have spent significant time researching the issue of social media.Though I agree that social media can be hazardous if not used effectivelyRead MoreSocial Media And Its Effect On Society998 Words   |  4 Pagesis bound to be a shift in social norms. As the times change, so does societ al views on acceptable values. One such possibility is the standard value accepted by mainstream society in which the way a female body is sexually portrayed in the media. It appears that society has not only accepted this standard, but has increasingly encouraged a more sexualized representation of the female body. Social media is an informational highway about what is accepted by the larger society and inferred by the individualsRead MoreThe Effects Of Social Media On Society Essay1644 Words   |  7 PagesSocial media has become prominent parts of life for many young people today. Most people engage with social media without stopping to think what the effects are on our lives, whether positive or negative. Are we as a society becoming more concerned with Facebook friends than we are with the people we interact with face-to-face in our daily lives? What will the longterm effects of today s social media use be? There are many positive aspects, but there are equally as many dangers that come withRead MoreSocial Media And Its Effect On Society1151 Words   |  5 PagesSocial Media The Workplaces’ Largest Enemy Being employed means that an individual will in most cases have coworkers and bosses; the environment shared between the employees is known as the workplace. In the time before technology, people being fired from their jobs was not an unheard of situation. The difference now is people are being terminated from their jobs because of something they posted on social media. If this was not the case, it would set a precedent that posting inappropriate or hurtfulRead MoreSocial Media And Its Effects On Society Essay1396 Words   |  6 PagesIn our modern world, the use of social media is overwhelming and second nature due to the availability. Several people all around the world possess some form of an electronic device that is capable of accessing social media, rather it be Facebook, Twitter, Snapchat, Instagram, and many more. â€Å"Technology’s rampant popularization over the past decade in terms of social media has meant that texting, Facebook, and Twitter have inevitable take n over as the most efficient ways of communicating with each Social Media And Its Effect On Society - 1155 Words As a 16 year old schoolgirl, I love social media. As a daily user, my experiences have mostly all been positive. But then again, I would consider myself to be one of the luckier ones. Too many people I know, come out of a social media encounter, feeling a lot less confident prior to the experience. As human beings, we all need to feel connected, to have supportive, loving relationships and the approval of others. Social media such as Facebook, Instagram, Snapchat, Twitter and more, have all changed how we communicate and have given us endless ways of connecting with others. We only need to look at the usage statistics for these organisations to realize how popular they are; over 1 billion people are on Facebook every day. For many users,†¦show more content†¦And many of these people may be what is known as virtual friends. They are not people that have been met in person or that is truly known -apart from what they present online. While some young people may genuinely find someone in the opposite end of the country with whom they might share common interests, too often these relationships end in rejection and a big, big knock down to self - esteem. At another end of the scale, some horrific cases of teenage suicides have started off on social media, with a young person being battered daily with comments as direct as telling them - You re a loser, go and kill yourself. Distraught parents are outraged at the treatment that their children are receiving at the hands of social media. After all, they have the world at their fingertips. 15 year old schoolgirl, Amanda Todd from Canada was sexually exploited online and as a result of the tremendous scandal that followed, she took her own life in 2012. The mother of the victim would like to see justice being served. Trauma just doesn t disappear, she said. This corruption regarding our younger generation has taken a turn for the worse and the results are detrimental. The Daily Mail in March 2014 commented tha t social media is an electronic adjudicator more cruel and judgemental than any parent or teacherShow MoreRelatedSocial Media And Its Effects On Society1597 Words   |  7 PagesSociety Crumbles into Smithereens One Post at a Time You are walking out of the new Star Wars movie, posting about how superb it was, when suddenly you are swooped up and thrown in the back of a vehicle. No one would have thought posting about how you were there earlier would provoke such a situation. After all, social networking is â€Å"safe† and â€Å"friendly.† Now, social media is defined as â€Å"A form of electric communication through which users create online communities to share information,† accordingRead MoreSocial Media And Its Effect On Society1711 Words   |  7 Pagesinfluence usually are not the first words you would expect to come to mind when thinking about the term â€Å"social media,† yet with a little digging you will soon realize it could be the perfect description. Social media can be defined as forms of electronic communication through which users create online communities to share information, ideas, personal messages and other content. Most often social media is understood as a p ositive concept because of the ways it has allowed us to attain cheap and easilyRead MoreThe Effects Of Social Media On Society1359 Words   |  6 PagesIn a broad sense, Social media refers to elements such as websites, television, blogs, IM, and other applications that enable users to create and share various forms of content such as messages, pictures, and information, or to be able to participate in social networking. Social media depends on web-based applications, which allow a high level of virtual interaction on various levels such as social, professional, and educational levels. Social media has had various contributions to the developmentRead MoreSocial Media And Its Effects On Society1592 Words   |  7 Pagesdevelopment of vast social media networks has improved our communications and interactions. These networks, such as Facebook and Twitter, are essential to how information is shared and criticized. The Social Media Handbook defines social media as â€Å"networked information services designed to support in-depth interaction, community formation, collaborative opportunities and collaborative work† (Hunsinger, 2014 p.1). Having an account or profile on these sites is more than a social norm; it is a requirementRead MoreSocial Media And Its Effects On Society1359 Words   |  6 PagesPeople may say social media is good for you but is it really? Everyday, everywhere I always see people on social media calling people bad names, not being able to communicate face to face with each other. Social media, social media, social media†¦ oh what is has done to the world, so many students grades have dropped, criminals PROMOTE crimes. Ultimately, what is at stake here is social media will one day take over the world. People’s safety will be in danger, crimes will increase, people will getRead MoreSocial Media And Its Effect On Society1601 Words   |  7 Pagesrecent editorial titled â€Å"Hazards of Social Media† on your LinkedIn page on February 10th, 2016. It was very interesting to read your perspective on social media and its effect on society. Having an undergraduate major in Psychology at the University of Southern California and currently conducting research on social media usage at the Brain and Creativity Institute of USC, I have spent significant time researching the issue of social media.Though I agree that social media can be hazardous if not used effectivelyRead MoreSocial Media And Its Effect On Society998 Words   |  4 Pagesis bound to be a shift in social norms. As the times change, so does societ al views on acceptable values. One such possibility is the standard value accepted by mainstream society in which the way a female body is sexually portrayed in the media. It appears that society has not only accepted this standard, but has increasingly encouraged a more sexualized representation of the female body. Social media is an informational highway about what is accepted by the larger society and inferred by the individualsRead MoreThe Effects Of Social Media On Society Essay1644 Words   |  7 PagesSocial media has become prominent parts of life for many young people today. Most people engage with social media without stopping to think what the effects are on our lives, whether positive or negative. Are we as a society becoming more concerned with Facebook friends than we are with the people we interact with face-to-face in our daily lives? What will the longterm effects of today s social media use be? There are many positive aspects, but there are equally as many dangers that come withRead MoreSocial Media And Its Effect On Society1151 Words   |  5 PagesSocial Media The Workplaces’ Largest Enemy Being employed means that an individual will in most cases have coworkers and bosses; the environment shared between the employees is known as the workplace. In the time before technology, people being fired from their jobs was not an unheard of situation. The difference now is people are being terminated from their jobs because of something they posted on social media. If this was not the case, it would set a precedent that posting inappropriate or hurtfulRead MoreSocial Media And Its Effects On Society Essay1396 Words   |  6 PagesIn our modern world, the use of social media is overwhelming and second nature due to the availability. Several people all around the world possess some form of an electronic device that is capable of accessing social media, rather it be Facebook, Twitter, Snapchat, Instagram, and many more. â€Å"Technology’s rampant popularization over the past decade in terms of social media has meant that texting, Facebook, and Twitter have inevitable take n over as the most efficient ways of communicating with each

Assisted Suicide - 878 Words

Jennifer Alcala English 12 Dec. 13, 2014 Block 5 Persuasive Essay Assisted suicide is the suicide of a person, done with the help of another person but mostly a physician. (Wikipedia) This can be a very debatable topic because it has actually been legalized in different parts of the world. By having this act legalized, it doesn’t really mean that the assistor won’t get persecuted. Many people may not agree with my point of view, but in my opinion assisted suicide should not be legalized at all. First of all, there are many pros such as , a patients pain and suffering will be coming to an end. For example, if a person is suffering from a horrible disease it would be as if they were living dead. As the article Pros and†¦show more content†¦One can get well from one day to the next. Also, the science is advancing so fast that doctors can make a medicine that can cure whatever you have. Doctors should always try nothing but their best to keep their patients alive. What if there is actually a cure and the doctors are still not quite aware of it? Messerli says, â€Å"You have to consider the constant medical and pharmaceutical advances that just might lead to a miracle recovery. We should never get to a point where we spend more time looking for a way out of life than for a way to sustain life.† Through this quote we see that it is always better to fight for life to keep going and assisted suicide should not be an option In conclusion, people should never give up and take the easy path. Even though a lot of people suffer at the end maybe everything can be worth it. It won’t be an easy thing to keep living in pain but giving up and giving the right for someone to kill you not be consider an option. As a result, assisted suicide should not be legalized because no one should be able to take someone else’s lifeShow MoreRelatedA Brief Note On Assisted Suicide And Suicide1062 Words   |  5 PagesAfter researching assisted suicide I have more questions than when I started. The definition of assisted suicide is very factual: suicide facilitated by another person, especially a physician, who organized the logistics of the suicide, as by providing the necessary quantities of a poison (The definition of assisted suicide 2016). After much research I have learned that assisted suicide is an option one has to make depending on their moral standards, will to live, and how they want to die ratherRead More Euthanasia Essay - Assisted Suicide1579 Words   |  7 PagesAssisted Suicide/Euthanasia      Ã‚   Remarkably, few have noticed that frail, elderly and terminally ill people oppose assisted suicide more than other Americans. The assisted-suicide agenda is moving forward chiefly with vocal support from the young, the able-bodied and the affluent, who may even think that their parents and grandparents share their enthusiasm. They are wrong.    Thus the assisted suicide agenda appears as a victory not for freedom, but for discrimination. At its heartRead MoreDoctor Assisted Suicide And Suicide1585 Words   |  7 PagesDoctor assisted suicide is a topic that has recently become a much larger debated issue than before. A timeline put together by Michael Manning and Ian Dowbigging shows that prior to Christianity, doctor assisted suicide was something that was tolerated, and was not heavily questioned (2). Yet, in the 13th century, Thomas Aquinas had made a statement about suicide as well as doctor assisted suicide, and his words shaped the Catholic teaching on suicide into what they teach today. Beginning in theRead MorePhysician Assisted Suicide Should Be Legal1578 Words   |  7 PagesOne of the alternative options is Physician-Assisted Suicide; defined as the voluntary termination of one’s own life by administration of a lethal substance with the direct or indirect assistance of a physician (â€Å"Physician-assi sted†¦Ã¢â‚¬ ). In layman’s terms it means that a physician administers medications to the patients to use on their own terms, and it’s entirely up to the patient whether or not to ingest the medication. I know Physician-Assisted Suicide is a practical solution to terminally ill patients’Read MoreEssay Problems with Euthanasia and Assisted Suicide1262 Words   |  6 PagesEuthanasia Problems      Ã‚  Doctors do err on cancer patients survival times, so how can they say when the time is ripe for assisted suicide. A study in the July 1 issue of Cancer, the journal of the American Cancer Society, finds that doctors are often wrong in predicting how long terminally ill cancer patients will live. After studying the accuracy of doctors predictions regarding 233 patients with end-of-life cancer, the researchers found most doctors had a tendency to overestimate survivalRead MorePhysician Assisted Suicide Essay1214 Words   |  5 Pagesrelentless pain and agony through physician assisted death? Physician-Assisted Suicide PAS is highly contentious because it induces conflict of several moral and ethical questions such as who is the true director of our lives. Is suicide an individual choice and should the highest priority to humans be alleviating pain or do we suffer for a purpose? Is suicide a purely individual choice? Having analyzed and even experience the effects of physician assisted suicide, I promote and fully support its legalityRead MorePhysician Assisted Suicide Thesis Statement1679 Words   |  7 Pagesrequests for physician-assisted suicide are now a viable possibility. Knowing the pathways to answering to those patients, as their requests for assisted death persist, is upmost importance. As of June, 9th 2016 California became the fifth state to allow physician-assisted suicide. The California’s End of Life Option Act authorizes any individual 18 years of age or older, who has been diagnosed as terminally ill and fits specific criteria, to solicit administration of assisted dying drugs at the handsRead MorePhysician’s Assisted Suicide1063 Words   |  5 Pagesthe question may arise as to whether or not third parties should be allowed to intentionally end the life of the patient or help the patient commit suicide. Physician’s assisted suicide should be a legal option for terminally ill patients all throughout the United States. Currently in the US there are three states that have physician assisted suicide laws in place. Oregon was the first state to pass a law allowing physicians to help end the lives of the terminally ill. This law was called the 1997Read MoreThe Legalization of Assisted Suicide1291 Words   |  5 PagesAssisted Suicide has through out history caused controversy among our society. There are two sides to this issue, one that passionately supports it, and those who religiously disagree. I believe that assisted suicide should become legal for several reasons. Assisted suicide gives individuals the right to end their suffering when they personally feel that their time has come to die. Assisted suicide should become legal because if one can decide to put an animal out of its misery, why shouldn’t thatRead MoreThe Choice Of Assisted Suicide1314 Words   |  6 Pag esthe law so patients are allowed to lawfully receive assistance to peacefully pass away. The acceptability to acquire â€Å"assisted suicide† has been designed into five factors. It is the combination of a patient’s age, curability of illness, degree of suffering, mental status, and extent of patients requests for the procedure. Moreover, no discussion on assisted suicide is complete without looking into the experience of Oregon, which was the first state in the U.S. to pass the Death with Dignity

Development of child Free Essays

Years As a child grows the changes In weight and height size are measured on d centile chart, these charts show the expected pattern at the particular ages. Development refers to the skills and abilities that you learn through life, but as we all know children are all Individual and so when centile charts are used they are based on the â€Å"average† child but all children meet these different goals in their own time and dont always fit nicely into the correct average box. A new born cannot its support own head as it has not learned any skills yet. We will write a custom essay sample on Development of child or any similar topic only for you Order Now By three months the baby Is now able to hold Its head and to look around. By SIX months or about that they can sit unsupported and start to learn how to move by crawling and shuffling. By 1 year they can usually manage a few steps holding on to an adults hands and enjoy being on their legs and bouncing whilst being supported. By the time they are sixteen months most should be mobile and walking around independently. This would start by walking along furniture. A baby gains 700-900g a month in weight up until it is six months old, but this slows to 450-600g per month fter the age of six months. It Is expected by 1 year they should have tripled their birth rate. By 3 months a baby has learnt to Imitate facial expressions and learns how to smile when being talked to. They explore with their mouths and hands and babbling as they get older helps to develop speechm By 2 they have learnt to use key objects like spoons. At around 19 months they will play, they only tend to play alongside other children as they haven’t learnt how to play or Interact with other children yet. Crying is the only way tor small babies to communicate when their needs are not eing met and they learn to turn head, shut eyes and cry when they do not like something. Equally they learn how to smile and giggle to express when they want more of something They start to use and develop the 6 senses seeing, learning, smelling, touching and tasting. By the age of 2, children should be able to say 40-50 words. 2-5 years Once a child reaches 2 it starts to become stronger. taller and leaner and will lose the baby shape. They will continue to gain a steady weight. Between 2 and 5 they develop their vocabulary and by the age of 5 they should be able to hold a conversatlon ana Know tnousanas 0T wards ana tories. ney snou10 De aDle to start At 2 most children should be able to climb the stairs one by one and also to kick a ball. They should be able to do simple mark making on paper with a pencil and by 5 they should be able to writs some letters and start to dress themselves. From 2 they start to learn letters, colours and counting and start to thing and reason more. Between the age of 2 and 5 most children slowly start to learn how to manage their feelings, The â€Å"terrible two’s† refers to them not being able to master the feelings and not understanding they that can’t always get their own way. By 5 they should ave learnt how to control their feelings and understand why â€Å"yes† is not always possible. By 5 friends have become a lot more important. By 5 a child should have developed their fine motor skills enough that they can draw pictures that resemble objects such as a â€Å"man† or a â€Å"house†. 5-8 Years Between the ages of 5-8 years children have a great desire to fit in, to be liked and to be accepted by their friends. This is sometimes essential to self-esteem. During these years children start to understand rules and understand why we have them. During these years children will often learn how to climb, swim, throw a ball and ride a bike ithout stabilisers. Between these ages children will start to better understand tenses; â€Å"past, present, future† and will start to tell Jokes and start to really enjoy reading. They continue to grow taller and gain weight. By the age of 6 they should be able to start writing independently. As stated, all children will develop at their own rate and so when some can already read others are still learning simple words. Under no circumstances should children ever be compared as they are individual. In their own right and children are always good at something and should never be ade to feel less important than others. Q2: Analyse key social economic and environmental factors which influence development. Children can be affected by many social economic and environmental factors some of which can be positive and some are negative. Young children are vulnerable and things can affect them much more than adults. One main factor of social development is love. Is the childe loved and made to feel safe? If these factors are not being met then a child’s development can be hindered greatly. A child that is shown a high level of love and affection is normally happy both motionally and physically and will be able to progress and develop in line with its peers. Parenta I Interactlon can De sucn a posltlve tnlng. Parents wno spend time playing and teaching their children through reading, games and other such activities will have a positive effect on their children, whereas parents that ignore and don’t interact with their child will have a negative effect on their development. Children with a supportive home nursery school life will thrive best, children that live with ridicule learn to be shy where as children who live with encouragement learn to be confident. Nutrition can impact life greatly too. We all know that if you consume unhealthy foods you will gain weight, you will feel lethargic and not feel your best, if a child in not taught this then they will continue these bad habits in later life. This in turn can affect the heart, liver lungs and have a knock on effect on their whole lives. Illness allergies and other health conditions can also play a huge part in the development of a child and can sometimes effect height and weight. Unfortunately in this economic climate many people are living on the bread line sometimes Just feeding the family is hard enough without the added worry of healthy ood too. Other things can effect children’s development, divorce, death, illness moving house can all take its toll on a venerable child. A child that is taught to deal with their emotions and encouraged to talk about things will help then to deal with future life. Q3. Describe children’s overall development needs. Children need to be loved nurtured and made to feel safe. When a child feels loved, support, cared for and affection then in turn they feel content, confident and secure. They need to know that their home life is stable, if they don’t feel this or if parents eparate it can lead to unsettled nights, bed wetting and general feelings of insecurity. A good healthy diet with lots of fruit and vegetables with lots of exercise and fresh air will help aid a child’s development. Praise, support, encouragement and adult and child interaction will help a child to develop a well-rounded balance to be able to advance on to make friendships, to do well in school and to grow into respectable adults. A child that lives with negativity will likely end up being negative. very cn a aeserves a nappy cnllan wltn lots 0T wonaerTul memorles. How to cite Development of child, Papers

World Development Affection

Question: Discuss how slavery and / or other forms of forced migration affected world development. Answer: The term forced migration has been described by the International Association for the Study of Forced Migration (IASFM) as the movements of refugees, internally displaced people and people displaced from their original residence by natural or environmental phenomenon or developmental projects. Allen (2012) viewed the force migration as the wide-range, complex and invasive set of phenomenon. Studies have - identified three types of casual factors of migration. These factors include conflict, development policies and projects and any kind of disaster. The forced migration is originally a French word, which means uprooting and referred to the movement of the person or a group of persons away from the home or the habitat. If a group or individual is migrating within the country, it is known as the internally displaced person (IPD). It is related to violent coercion and the referred to the term displacement. From the viewpoint of Anner (2012), the migration is considered as involuntary du ring the physical transport of the person from a country and there is no scope of escape from the persons transporting the individual. Movement under threat includes the voluntary elements as long as there is opportunity to escape from the part of the country. Migration and refugees throughout the historical period has major impact on the development of worlds economy and social structure. There are several causes of migration. Natural disaster is one of the cause of displacement or migration of population. It might lead to temporary or permanent displacement of a group of resident from an area, where the natural disaster has been occurred, and the survival strategy becomes migration. The forced migration in the new location results in displacement of entire population and it becomes the social challenge to the community and government (Ayenagbo 2012). The term environment-induced refugee represents the forced people for leaving their traditional resident for the environmental disruption like biological, physical or chemical change in ecosystem. Other causes of migration include project development, environmental problems, fleeing persecution, human trafficking, slavery, political, civil war or religious conflicts (Bank 2013). These three categories of forced migration are common topic of academic research by different academic communities. The consequences of forced migration have been identified by the governmental, inter-governmental and non-governmental agencies. Conflict-induced displacement is referred to that migration which includes forced migration of people and the state authorities are incapable of protecting them. The example can be the civil war, generalized violence and persecution on grounds of race, religion, political opinion and religion. At the time of Cold war, there has been a growth of number of conflicts - across the world (Black 2012). At the end of the cold war, there was also dramatic increase in frequency of internally displaced persons (IPDs) and they are currently more than the number of global refugee population. Development-induced displacement can be referred to those people who are forced to move out of their habitat as a result of the projects or policies. Examples include infrastructure projects like dams, ports, roads, airports etc. These kinds of displacements affect indigenous and ethnic minorities and the poor urban or rural population mostly (Chowdari 2013). Disaster-induced displacement is the category of forced migration, which is due to the natural disasters like floods, volcanoes, earthquake, and deforestation along with human-made disasters. This kind of migration along with the human population also affects agriculture (Brennan and Packer 2012). This kind of migration or displacement is affecting millions of people every year throughout the world. A number of different international organizations assist these affected people by natural disasters like International Federation of Red Cross and Red Crescent Societies (Eltis Engerman et al. 2011). Development-induced displacement occurred throughout the world, but China and India are two most important countries in this context. According to Chakrabarti and Chatterjee (2012), the resettlement in China displaced 45 million people by development projects in the country within 1950 to 2000. The displacement within India from dam projects displaced 21 to 40 million people. It was estimated that 127000 people were displaced during the project Narmada Sardar Sarovar Dam Project (Eltis Engerman et al. 2011). It has been estimated that, developmental displacements affected economy of the country also. Forced migration is occurred during massive disruption of food supply, health service and shelter. The rapid enhancement of members under health service department of the area, where inflation of migrants occur, makes the health service unable to cope with the influx of displaced people, which lead to mortality and morbidity in settlement areas. In 1994, 7 to 9% Rwandan refugees died in the North Kivu region of eastern Zaire (Chowdari 2013). The displaced migrants faced a higher crude mortality rate than the non-displaced population during the time of complex emergencies. The vulnerability of these migrants is due to the loss of social networks and their personal assets, lack of knowledge of the new settlement area, lack of knowledge of the local language, reduced access to the health care services, inadequate shelter, lack of sanitization, decreased food and water security. Migration is one of the major issues in Africa. The results of migration can be viewed as the essential part of labor markets. During last few decades, in different parts of world, migration has been taken place with different forms. The migration has been cut the class and skill limitations and existed within the diverse geographical and demographic contexts. Migration in that kind of situation proved to be important livelihood strategy for the migrants, especially for the poor households, who seek to diversify their source of income (Eltis Engerman et al. 2011). Estimation revealed 20 to 50 million migrants in Africa; however, the statistical data on migration flows and related data revealed undocumented flows. Evidences showed patterns of internal migration, which has been influenced by economic crisis and structural modification. Sometimes, negative effects on rural livelihoods have also been identified. Migrants to Europe and United States were mostly educated persons, who gave rise to the significant focus on brain drain issues. The Sub-Saharan Africa observed the flows of forced migrants which included internally displaced people and trafficking sufferers. While migration was the key factor for shaping settlement patterns and livelihood, the occupational diversification in rural parts was linked to mobility. In Africa, recent studies revealed that, 50 to 80 % rural residents have at least one migrant member with enhanced involvement of independent women (Fede 2012). The first and second world wars crisis had major impact on migration. Muslims migrated from Balkan to Turkey and Christians migrated towards other ways during Ottoman Empire collapse. During 1915, the Ottoman government gets on the systematic decimation of the resident Armenian population. This discrimination continued till the replacement of Ottoman Empire by the Republic of Turkey in 1923. In 1915 Ottoman state was reported with two million populations and the estimation revealed one million in 1918, when hundreds of thousand people became homeless and stateless refugees (Franklin 2012). In 1923 approximately the entire Armenian population of Anatolian Turkey departed. The Russian Civil War forced three million Russians, Germans and Poles to migrate out from New Soviet Union. The Decolonization followed by the Second World War led to migration also. The Jewish communities were formed from involuntary and voluntary migrants throughout Europe, Middle East and Mediterranean. The migra tion to the British Mandate of Palestine was enhanced after the Holocaust and it became the modern Israel state, which was the result of the United Nations Partition Plan for Palestine (Goings et al. 2012). Most of the European colonial economies in America within the period of 16th to 19th century were dependent on the African labors transported as slaves for their survival. The European colonial officials discussed that; discovered abundant land was useless without adequate labor force to explore the land. In this context, they preferred exploitation of slavery system, however, the European or Native American were inadequate for the task (Greene 2011). The trans-Saharan slave trade supplied Africa labor for working on sugar plantations in the Mediterranean on the other hand the Russian slaves and Balkans were also included. This slave trade sent 10000 slaves per year for serving owners in North America, Middle East and Iberian Peninsula (Chakrabarti and Chatterjee 2012). They became the major labor force in Western Hemisphere and became the overwhelming majority of the colonial populations in the America. 6.5 million Immigrants survived after crossing the Atlantic and settled in the W estern Hemisphere within 1492 to 1776, within them 1 million were European. The remaining 5.5 million slaves were African. In 16th and 17th century the profit made from the goods produced by Brazil and American countries were used to purchase more slaves for strengthening their economy (Hamada 2012). While looking back to the development of civilization in human history, it can be seen that, it is significantly marked by the appalling crimes. One of the significant and hardened histories was the record of the African slavery; minimum 10 centuries of slavery benefited Muslim countries, since 9th century to 19th century (Chakrabarti and Chatterjee 2012). After the period, more than four centuries, from the end of 15th century to 19th century, the slavery trade built the America and Christian states of Europe. Four million slaves were transported through Red Sea, Swahili ports of Indian Ocean, nine million were transported via trans-Saharan caravan route and 11-20 million slaves were exported through Atlantic Ocean (Johnson 2012). Within these, the Atlantic trade was directed at Africans, but the Muslim countries exported both white and black slaves. This form of slavery contributed to the present structure of Africa. It disrupted the stability of the continent permanently and lead to the colonization by the Europeans. It created the racism and contempt, which are the reason of suffering of the African countries (Kadish and Massardier-Kenney 2010). The European slave trade was not originally developed by the Arab trade. However, the Arab slave trade was influenced by for the satisfaction of the domestic needs. Iraq tried to enslave the African labors in the production plants, but it resulted in disaster. The result was widespread revolts. At 19th century the black slaves were used for producing goods like cloves and coconut in plantations of Zanzibar, they were partly exported to Western markets (Kara 2012). The Atlantic slave trade was important example of forced migration of population in human history. It was documented that, only 10% slaves were imported from Africa were exported to United States, other 90% were distributed through the American countries. Within them half of the slaves went to Brazil or Caribbean (Marcussi 2012). This 10% slaves were maintained by the natural reproduction within the slave population in contrast to the continuous supply of new slaves from African countries. Along with the slave trading in Africa, Portuguese exported few slaves to Europe for working in cities. While discussing the slavery and world development, significant focus should be given towards the slavery trends and history of United States and Benin. However, in this context, Africa is the notion where the human life was known to begin. One of the dark practices in history of human is the slavery, which is overlooked in Africa (Marques 2012). The studies of slavery with forced migration of slaves are focused on the context of United States and other European powers. However, slavery shaped the development of many African countries. It also played a vital role in introducing the concept of colonization in many African countries; this is important factor for continuous growth of the African countries. Comparison of development in Benin and United States highlights the effect of slavery on the education and the overall national human developmental index (Minardi 2012). While looking at the African countries in this context, Benin can be considered as this small costal country grabbed attention of European powers with its resources and location since seventeenth century. The exploration of this land was started by Portuguese and then the slave trend involved more foreign involvement (Minardi 2012). The coast of Benin was known as the Slave Coast, because a large number of slaves were exported from the shores of Benin. Many European countries built trading posts and ports in those countries for securing their foothold in the slave trade. French were colonized in Benin and left a major impact on the development of the country (Chakrabarti and Chatterjee 2012). They styled the democratic government with the election of legislative body. The democratic government helped in the development of Benin. Till the nineteenth century, the dominant export element of Benin was slaves. Fellow countrymen also hold the Benin citizen as slaves. This relationship was promoted by kings, who capitalized on slave exportation relationship within the Benin and European countries for being wealthy and powerful (Nafziger 2012). King Adanggaman used to capture slaves through women warriors and killed those who could not be sold. However, slavery affected Benins development negatively. Abolition of slavery trend in Benin created social, economic and political problems. Many foreign countries lost attraction toward Benin except France. The civil war in Benin developed the government of the country and the slave trade became reduced. It affected the sustainability of the economic growth of the nation. After the elimination of slavery they restored the agricultural sectors and cotton became the most dominating export (O'Connell Davidson 2013). The recent recession in United States affected globally. Benin faced severe economic decline within 2009 to 2010. The country is attempting to achieve the global economy standard with resuming the economic growth at very slow rate of about 4%. Though being an unknown country, Benin has a significant history of slavery with reflection on the multi-dimensional consequences o f slavery. However, for understanding the detailed history of slavery and development understanding American history is also important besides African history. In United States the deadliest war has been seen with a root related to slavery. Around 650000 soldiers died in four years of war (Minardi 2012). In spite of the official cause of war depicted by government was the preservation of the union, the actual cause was related to the southern practice of -slavery (Omelaniuk 2012). The southern states built the economy by growing and selling crops via slave labors, whereas northern states concentrated manufactured-based economy. The civil war affected most negatively through slavery and overshadowed the long-term negative effects of the practice. Through the understanding of the development across the nation can help to understand the effects of slavery through the nation. Slavery did not make sense in the Northern states for high population density and competition (Read 2012). On the other hand, 18% of the population in southern states was slaves and it developed the major economic outputs (Graden 2010). The southern parts of the United Sta tes produced seven eighths of worlds cotton production. Thus, slaves were not only considered as the labor in those parts but were the vital elements of global economy functioning. In 1860s, the dollar value of all the American railroads, banks and manufacturing industries were less than the dollar value of slave property (Chakrabarti and Chatterjee 2012). The economic importance of the manufacturing of cotton was not noticed in Civil war but it was noticed that the fight in Civil war was not only for the stability of Union; rather economic necessity was a major factor. It was revealed that, slavery was the cheap and viable way for producing enough cotton for supplying the majority of global cotton trade by the Southern states of United States (Vacron 2012). Therefore, it can be seen that, the slavery trade made the Unite States an important economic player globally. However, the gap was increasing within the economic development structure of North and South parts of United States and it led to the abolitionist movements as the majority of Northern states forced the abolishment of slavery trend in United States (Minardi 2012). In turn, the political, economic and ethical debate lead to the Civil war, this was an economic black hole for both North and Southern part of United States. The cost of Civil war was $74.7 trillion in United Sta tes current exchange rate. After Civil war the slave owners faced huge economic loss directly (Morgan 2012). The absolute amount of lost economy was overwhelmed by the incomprehensible deaths in both parties. However, approximately 300000 American died in war as the direct result of slavery trend, which overshadowed the economic achievement could be gained by the South via cotton trading. The United States suffered significantly as the result of Civil war but the entire blame cannot be buried onto institution of slavery, United States could solve this problem in other ways, but the nation selected poorly in the resolution of slavery (Morgan 2012). As a result of this Civil War, main of which is the slavery trend the Southern part of United States was affected more, their major means of economic livelihood was declared illegal and the infrastructure of Southern part was destroyed mostly. Huge number of people were killed which included a major reduction in the labor force of the southern part of United States. The devastating effects of slavery spread throughout the world. Sears (2012)depicted that, black slavery was the engine of rising global economic dominance of Europe. It was revealed that Europeans invasion and settlement of New World was dependent on labor of millions black slaves, most of which are forced migrants of African lands. They helped in the capitalization by financing the industrial revolution (Vacron 2012). The economic progress came at the expense of black slaves who built the foundation of modern European capitalism. However, while concerning the creation of capital financing the industrial revolution, it was revealed that slavery trends did not built the major share of the capital, which financed the industrial revolution on Europe. Tillet (2012)argued that, combined profits of slave trade and West Indian plantation did not contribute at least 5% of the Britains national income during industrial revolution. However, the slavery trend was indispensable for development of New World for European. It was unbelievable that, settlement and development of North as well as Southern parts as well as Caribbean was devoid of slave labor. The slaves produced the key consumer supplies, which was the source of the world businesses since the 18th to 19th centuries including coffee, rum, cotton, tobacco and sugar (Sears 2012). In pre-war United States, slavery played a vital role in economic development as discussed earlier. Only a single crop, cotton used to give the half of the export earning in United States. In 1840, the Southern part produced 60% of the worlds entire cotton production and 70% cotton was consumed by British textile industry (Graden 2010). Therefore, it has been revealed that slavery provided a major share of the capital and manufactured products which were the basis of the American economic growth. Additionally, as Southern parts were specialized with Cotton, the northern parts developed different businesses which provided service for Southern slaves including textile factories, insurance companies, cotton brokers, meat processing industry and shippers. The abolitionist battle was not the product of the perception that the slavery was the obstruction for economic development. It was not correct that during middle of nineteenth century slavery was declined (Morgan 2012It was an economically efficient system of production, which can adapt huge range of tasks including agriculture and factory works. Slavery produced huge amount of wealth. During civil war, the south Slave gained a level of per capita wealth, which did not matched by the Spain, Italy till World War II or Mexico or India till 1960. Opponents were viewing the economic growth as the obstacle economic growth of the nation (Vacron 2012). The essay focused on the global trade of migration and slavery and the impact of these on the world development. The discussion revealed a number of major migrations throughout the world, which shapes the economy as well as the infrastructure of different countries with long-term impact. In most of the cases, migrants moved for getting a better life, but the history says that, they faced worst situation. The migration of people affected both the countries where the migrants are entering and from where they were migrating. One of the major negative outcomes of migration was the slavery trade. The -slavery trade affected the African and European economy significantly. The harsh history was migration and slavery was discussed in this essay. The slavery trade was one of the major economic strength in the southern part of Unites States. Most of the slaves were black and exported from African land through seashores. The slavery trend had a major impact on world economy as a whole. South Am erica was mostly dependent on their slave trade till mid-nineteenth when the Civil war caused huge loss of the major way of trading in Southern parts of United States. It was also revealed that, these slaves were - exploited for different purposes mainly in production of cotton, which was the dominant business -of United States - and it was significant for enhancing the economic strength - of Europe in global context. - Reference List Allen, R., 2012. European Slave Trading, Abolitionism, and New Systems Of Slavery  in the Indian Ocean. PORTAL, 9(1). Anner, M., 2012. Globalization and Labor Rights: Assessing the Impact. International Studies Review, 14(2), pp.343-345. Ayenagbo, K., 2012. The impact of globalization on African economic development. JEIF, 4(9). Bank, W., 2013. Africa Development Indicators 2012. World Bank Group. Black, D., 2012. Dismantling Black Manhood. Hoboken: Taylor and Francis. Brennan, F. and Packer, J., 2012. Colonialism, slavery, reparations and trade. Milton Park, Abingdon, Oxon: Routledge. Chakrabarti, S. and Chatterjee, K., 2012. Globalization and development. Kolkata: Institute of Foreign Policy Studies, Calcutta University. Chowdari, B., 2013. Proceedings of the 13th Asian Conference on Solid State Ionics. Singapore: World Scientific. Eltis, D., Engerman, S., Bradley, K., Cartledge, P. and Drescher, S., 2011. The Cambridge world history of slavery. Cambridge: Cambridge University Press. Fede, A., 2012. People Without Rights (Routledge Revivals). Hoboken: Taylor Francis. Franklin, S., 2012. Women and slavery in nineteenth-century colonial Cuba. Rochester, NY: University of Rochester Press. Goings, H., Schermerhorn, C., Plunkett, M. and Gaynor, E., 2012. Rambles of a runaway from southern slavery. Charlottesville: University of Virginia Press. Graden, D., 2010. Slave resistance and the abolition of the trans-Atlantic slave trade to Brazil in 1850.Histria Unisinos, 14(3), pp.282-293. Greene, S., 2011. West African narratives of slavery. Bloomington: Indiana University Press. Hamada, Y., 2012. National governance in international labour migration. Migration and Development, 1(1), pp.50-71. Johnson, D., 2012. Imagining the Cape Colony. Edinburgh: Edinburgh University Press. Kadish, D. and Massardier-Kenney, F., 2010. Translating slavery. Kent, Ohio: Kent State University Press. Kara, S., 2012. Bonded labor. New York: Columbia University Press. Marcussi, A., 2012. From Africa to Brazil: culture, identity, and an Atlantic slave trade, 1600-1830. Varia Historia, 28(48), pp.943-946. Marques, L., 2012. Slave Trading in a New World: The Strategies of North American Slave Traders in the Age of Abolition. Journal of the Early Republic, 32(2), pp.233-260. Minardi, M., 2012. Making slavery history. New York: Oxford University Press. Morgan, K., 2012. Slave Wales: The Welsh and Atlantic Slavery, 1660-1850, by Chris Evans.The English Historical Review, 127(527), pp.999-1001. Nafziger, E., 2012. Economic development. Cambridge: Cambridge University Press. O'Connell Davidson, J., 2013. Troubling freedom: Migration, debt, and modern slavery. Migration Studies, 1(2), pp.176-195. Omelaniuk, I., 2012. Global perspectives on migration and development. Dordrecht: Springer. Read, I., 2012. The hierarchies of slavery in Santos, Brazil, 1822-1888. Stanford, Calif.: Stanford University Press. Sears, C., 2012.American slaves and African masters. New York, NY: Palgrave Macmillan. Tillet, S., 2012.Sites of slavery. Durham: Duke University Press. Vacron, J., 2012. Migration and environment: a global perspective. Migration and Development, 1(1), pp.113-122.

Zak Brooks Essays (580 words) - Education, Behavior Modification

Zak Brooks James J. Successful student essay 10:00 13 October 2017 Tips to be a successful college student Many students have only a small idea of what it takes to be successful in college. Most students could get by doing the minimum amount of work in high school, and get a big shock when they get to college and are failing classes. That's because college is not there to just help you and pass you along to something better, it is there to separate the overachievers from the underachievers. The key to be a successful college student is learning how to manage your studies and fun to make the of your time in college. A big part of being successful is learning proper study habits. If students learn early on how to properly study they will find doing well in classes becomes much less of a struggle, and takes a lot of stress off them. Many students do not realize it but studying can be fun; all you need to do is find a group of friends in your class that are willing to get together to form a study group. By finding a group of friends there will be other people to talk with and pass the time while studying, so it wont end up being so boring. Taking notes in class is a very important detail, as boring as it seems at the time to take notes; you will thank yourself when you are trying to study. Finally, if you have a question do not be afraid to go visit the professor, they will most likely be very happy to help you and they can often explain it much better in a one on one setting rather than with the whole class. The second part to being successful in college is being able to learn how to have a good time. Many students feel the need to put all their energy into their school work which will get very old and tiring after a while. You need to make sure that you have plenty of friends. The more friends that you have is just more people that you can talk too or go eat with so you are not always doing everything alone. Get out occasionally, you cannot spend all day just locked in your dorm studying. Go to a party Friday night, go somewhere on the weekend, go get hammered with your friends, just have a good time; make the most of it. It is okay to miss a class you usually get 3 absences, use them. If your friends ask you want to go do something and it seems fun, go do it you can always do something outside of class or get the notes but do not miss out on a good time because of a class. You need to be able to handle the school work, but you also need to be able to relax and have a good time. Many students are not fully prepared for the added challenges of college from those that they had in high School. It is important to make sure that you spend enough time on your studies as that is your main priority when you are at college. You also need to make sure that you incorporate time to have fun so you are not constantly studying your time away. College is meant to prepare you for a job, but also to go out into the real world on your own..

Corporate Personality Essay Example

Corporate Personality Essay Example Corporate Personality Essay Corporate Personality Essay CHAPTER 3 EXAM RELEVANCE This is a fundamental topic of company law. It is asked on virtually every exam paper in some form. It is most commonly asked as an essay question on either the principle of separate corporate personality or the circumstances in which the veil of incorporation will be lifted. It also forms a significant part of an answer to an essay question on the consequences of incorporation (see chapter 2). As is evident from the exam grid, it has been on every paper since April 2003 with the exception of two. INTRODUCTION [3-1] Upon incorporation, a company becomes a separate legal entity, distinct from its members. Thus it acquires rights, obligations and duties which are different and distinct from those of its members. Assets, debts, and obligations all belong to the company and not the members. This is the corporate personality used by the company to conduct its business. THE SALOMON VEIL [3-2] The seminal case which established the concept of the registered company having a corporate personality is Salomon v Salomon company (1897) 1.Facts [3-3] Mr Salomon ran a successful leather business as a sole trader. He then set up a company with 20,007 shares, of which he held 20,001 shares and his wife and five children one each. He sold the business to the company for ? 38,782. The company was to pay him 20,000 fully paid-up 1 shares and 8,782 in cash. [3-4] The balance ? 10,0000 remained payable to Mr Salomon. He secured the payment of this debt when the company issued 100 debentures (loans) at ? 100. Each loan was secured by the creation of a floating charge in favour of Mr Salomon in the sum of ? 10,000 covering all the assets of the company. [3-5] Company law was at all times observed. There were seven members of the company, but Mr Salomon held all of the shares except six (held by his wife and five children). Thus he was the majority shareholder and the main creditor (owed ? 10,000 under the debentures) when the company was wound up. The Issue [3-6] The question for the court to decide was whether his secured de bt of ? 10,000 should take precedence over unsecured creditors who were owed approx. ?11,000 having regard to the fact that company law gives precedence to the payment of secured debts when a company is wound up. The unsecured creditors would receive nothing if Mr Salomon won. 1 [1897] A. C. 22.  © Griffith College Professional Law School 2011-2012 41 The Argument [3-7] The liquidator argued that the sole purpose of transferring the business to the company was to use it as an agent for himself and accordingly he should, as principle, indemnify the company against the debts of unsecured creditors. Court of First Instance [3-8] At first instance, the liquidator’s view was accepted and it was held that the creditors should be paid by Mr Salomon. The decisions were rooted in notions that the company was his nominee or agent. Court of Appeal [3-9] The Court of Appeal held that the creditors should be paid by Mr Salomon. This was because he had abused the privileges of incorporation and limited liability provided by the Companies Acts. These should only be enjoyed by â€Å"independent bona fide shareholders† who had a mind and will of their own and were not â€Å"mere puppets† of the individual who carried on his business in the same way as before, when he was a sole trader. House of Lords [3-10] In the House of Lords, however, this view was unanimously rejected and the cornerstone of modern company law was put in place. It was held that the company was a separate legal entity and separate from its members. All that company law required was that there be seven subscribers to the memorandum, each holding at least one share and nothing was mentioned about independence. As the company was validly incorporated the debts are debts of the company and not of the members. As Halsbury L. J. tated: â€Å"the business belonged to [the company] and not Mr Salomon. † McNaughten L. J. stated: â€Å"The company is at law a different person altogether from the subscribers to the memorandum and, though it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the same hands receive the profits, the company is not at law the agent of the subscribers or a trustee for them. Nor are the subscribers as members liable, in any shape or form except to the extent and manner provided in the Act. [3-11] As Lindley L. J. had held in Farrar v Farrar’s Limited (1888)2: â€Å"A sale by a person to a corporation of which he is a member is not, either in form or in substance, a sale by a person to himself. † The Result [3-12] A legal person could be created through the observance of the Companies Acts regardless of the fact that there is only one person involved. Priority was therefore g iven to Mr Salomon’s debentures. The Fall-Out [3-13] The Salomon principle is known as the veil of incorporation. The law will not go behind the separate personality of the company to get at members, except in certain exceptional situations which will be dealt with later. 2 (1888) 40 Ch D 395. 42  © Griffith College Professional Law School 2011-2012 ? KEY POINT The principle of separate corporate personality means that a company exists as a separate legal entity. Separate to its members and separate to its directors. THE VEIL AT WORK [3-14] In the Macaura v Northern Assurance Company (1925)3 case, this principle was followed. The plaintiff sold all the timber on his estate to a company in exchange for the whole of the company share capital. The timber was insured in the plaintiff’s own name. It was then destroyed by fire and the insurance company refused to pay on the basis that the plaintiff had no insurable interest in the timber as it was owned entirely by the company. The court applied the Salomon principle and found in favour of the defendant as the timber belonged to the company, and it had failed to insure its (the company’s) interest in the timber. [3-15] This case clarifies that the company owns the property and holds it in its own right. A shareholder does not therefore have any proprietary rights in the company’s assets. Although a shareholder has no insurable interest in the company property, he can cover him/herself against loss by the company by insuring his shares (rather than the company’s assets) against a drop in their value. It is the shares and not the company’s assets in which he has any legal or equitable interest. 3-16] Where compensation is payable in respect of a loss suffered by the company, the shareholders have no right to payment as the loss is the loss of the company. In O’Neill v Ryan (1993),4 the plaintiff alleged that breaches in competition law by the four defendants had caused a diminution in the value of his shares in the second-named defendants, Ryanair Limited. The Supreme Court held that actions by four of the defendant companies did not entitle a shareholder to sue on the basis that the actions of the companies had reduced the value of his shares because this action did not cause personal loss to plaintiff as shareholder. It was held that: ‘such a loss is merely a reflection of the loss suffered by the company. The shareholder does not suffer any personal loss’. [3-17] Blayney J. based his holding on a decision of the English Court of Appeal in Prudential Assurance company Ltd. v Newman Industries Ltd. (No. 2) (1982)5 wherein it was stated that: â€Å"the plaintiff’s shares are merely a right of participation in the company on the terms of the articles of association. The shares themselves, his [P] right of participation, are not directly affected by the wrongdoing. The plaintiff still holds all the shares as his own absolutely unencumbered property. † [3-18] This line of reasoning was recently affirmed in Stein v Blake (1998). 6 Here the plaintiff and defendant were 50/50 shareholders in a group of companies. The plaintiff claimed that the defendant, in breach of his fiduciary duties, had caused assets of the company to be sold at an undervalue. The plaintiff claimed that this action had deprived him of the ability to sell his shares at their fair value and this had caused him personal loss. When faced with the argument that the proper plaintiff was the company itself, the plaintiff sought to rely on the decision of Heron International Ltd v Lord Grade (1983)7 where, as a result of a breach of a fiduciary duty to the shareholders, the directors had induced the shareholders to sell their shares at an undervalue to a prospective takeover bidder, and for which the shareholders could take personal actions. Millet L. J. distinguished the Heron case from the situation before him. He observed that in that case no wrong had been done to the company as the company’s assets were not affected by the fact that the shares were sold at an undervalue. However, the circumstances in this case (1925) A. C 619. (1993) I. L. R. M. 557. 5 (1982) Ch 204. 6 [1998] 1 All E. R. 724. 7 [1983] BCLC 244. 3 4  © Griffith College Professional Law School 2011-2012   43 were entirely different, in that here the plaintiff was claiming that he had suffered a loss by reason of a misappropriation of the company’s assets. The plaintiff’s loss was merely a reflection of the company’s loss and would be fully compensated by restitution to the company of the misappropriated assets. Therefore the proper plaintiff in these proceedings was the company itself. KEY POINT A drop in the value of the shares of a company is a loss suffered by the company. Any consequential loss to any individual shareholder is simply a reflection of the company’s loss. [3-19] The doctrine can also work in favour of the shareholder as in Lee v Lee’s Air Farming Company Ltd (1961)8 the plaintiff owned all but one share in the defendant company. Thus, the defendant was a de facto single-person company as in the Salomon sense. He was also employed by the company and was the â€Å"driving force† of the company. The case related to his widow attempting to receive employee benefits after Mr Lee was killed. It was held that entrepreneurs can participate in employee benefits by incorporating their business and then becoming employees. The Salomon principle was applied and it was held that the company was a separate legal entity and he was an employee of that legal entity. She was entitled to recover. [3-20] The principal has however been used by the company to avoid obligations as in Roundabout Limited v Beirne (1959)9 which concerned a limited company owning and running a pub. All the staff then joined a trade union at the same time. The controllers of the company were unwilling to employ unionised staff, and the company closed the pub and dismissed all of the staff. The union legally picketed the pub. The controllers of t he company then set up another company, being the plaintiff company herein, and leased the public house from the first company to it. Its barmen were non-union and were directors and therefore had no employees. The new company could not be classed as an employer and therefore could not be subject to a trade dispute under the laws of the time. The new company then sought an injunction restraining the strikers. Dixon J. granted the injunction and stated that: â€Å"the new company is in law a distinct entity, as is the old company. Each company is what is known as a legal person. I have to regard the two companies as distinct in the same way as I would regard two distinct individuals. I must, therefore, proceed on the basis that a new and different person is now in occupation of the premises and carrying on business there. [3-21] In Battle v Irish Art Promotions Centre Limited (1968), it was held that the managing director (MD) of a company was separate and distinct from the company itself. The case related to the company being sued, but being unable to afford legal representation. The MD wished to represent the company himself as a judgment against the company would reflect badly on him as MD. The court refused to allow him to represent the company because the judgment would be against the company and not against him, and in law the company and the managing directors are distinct legal entities. The correct procedure would be for the company to employ legal representation. [3-22] In State (McInerney) v Dublin company Co. (1985)11 it was held that a company and its wholly owned subsidiary were separate, and thus there was no locus standi for the parent company to appeal a planning permission decision when the land had been conveyed to the subsidiary. Carroll J. stated that: (1961) A. C. 12. (1959) I. R. 243. 10 [1968] IR 252. 11 (1985) High Court, Carroll J. 8 9 44  © Griffith College Professional Law School 2011-2012 ? the corporate veil is not a device to be raised or lowered at the option of the parent company or group. The arm which lifts the corporate veil must always be that of justice. † [3-22A] In Re Heaphy (2004) the Plaintiff was principal shareholder in Springmound Holdings Ltd which owned two hotels. The Plaintiff went abroad and left his brother in charge of running the hotels. When he returned the hotels had been sold by his brother without his knowledge and consent. He claimed damages personally for fraud. The High Court concluded that the plaintiff could not bring this claim personally as the loss here was the company’s loss. His loss was merely indirect and reflected the company’s loss. The High Court also approved O’Neill v Ryan in this context. LIFTING THE VEIL [3-23] In Salomon, Lord Halsbury stated that the principle was to be applied provided that there was â€Å"no fraud and no agency† and only â€Å"if the company was real one and not a fiction or a myth†. [3-24] In the interests of preventing the abuse of the principle of separate legal entity, certain exceptions have been recognised where the veil will be pierced and the controllers of the company will be made personally responsible for the actions of the company, and the economic realities recognised. [3-25] Gower states: â€Å"the law either goes behind the corporate personality to individual members or ignores the separate personality of each company in favour of the economic entity constituted by a group of concerns†. 12 [3-26] Lifting the veil can be in one of the following contexts: Lifting the veil between the controllers (whether the management or a controlling shareholder) and the company, i. e. responsibility is shared; or Lifting the veil between a group of c ompanies, e. g. etween subsidiaries or between a parent company and its subsidiary, i. e. the identity of one is consumed by the larger entity; or Ignoring the company altogether where the company is a â€Å"sham† or â€Å"device†. There are three categories of law where the corporate veil will be lifted. By Agreement [3-27] Corporate personality will be circumvented by agreement where, for example, an individual agrees to be bound to the company’s obligations. Common forms are personal guarantees, indemnities and certain agency agreements. Equally a company can agree to be liable for the obligations of a member as long as the following formalities are respected: The action is not ultra vires; The action is not beyond the scope of directors authority; The action is not a fraudulent preference; The action is not a breach of s. 31 of the 1990 CA. Case Law [3-28] Concerning case law, the courts can decide to set separate legal personality aside without such an express agreement. The primary criterion for such decisions is control of the company’s day-to-day operations, rather than mere control of its general policies. However, strict principles are difficult to extract, and cases often refer to inchoate concepts such as justice and equity. 12 13 Gower, Principles of Modern Company Law (5th ed. , London, 1992). See Courtney, p. 107  © Griffith College Professional Law School 2011-2012 45 [3-29] The courts will look behind the veil in certain circumstances as discussed below: Human characteristics; Fraud; Avoidance of legal duty; Agency; Single economic entity; Trust companies; Court injunctions and orders. Human Characteristics 3-30] The background of a company will be examined to find out more about the legal personality. Human characteristics required by law such as residence, culpability and mens rea, and character for licensing purposes may be vested in companies for certain purposes. [3-31] The residency of a company for tax purposes will often be called into question where the company is registered in one country but makes profits in another. The actual residence of companies which are inco rporated in Ireland is now irrelevant for the purposes of the Tax Acts and the Capital Gains Tax Acts. This is due to the Finance Act 1999, s. 82(2) which provides that â€Å"subject to certain limited exceptions, †¦a company which is incorporated in the State shall be regarded as resident in the State†. [3-32] However, the actual residence of a company continues to be important for situations where a company is not incorporated in Ireland or for companies which fall under the exceptions of s. 82(2). The test for residency was laid down in De Beers Consolidated Mines v Howe (1906). 14 The case concerned whether a South African company was resident in England for tax purposes. Lord Lorebun looked to where the company â€Å"keeps house and does business and the real business is carried on where the central management and control actually abides†. This is the â€Å"head and brains† test. In this case, the head office was in South Africa, and this is where the general meetings were held. Most of the directors lived in England, however, and most of the board meetings were held in England. It was at these meetings that the important business of the company such as negotiation of contracts, policy decisions, application of profits, etc. as discussed and decided. Thus, as the company was controlled from England, it resided there. [3-33] In the Irish case of John Hood Co. Ltd v Magee (1918),15 a company was held to be controlled by its shareholders in the general meeting, and not by its managing director who resided in another jurisdiction. The shareholders’ power to remove the managing director indicated where the control lay. The factual si tuation is crucial. And in the licensing case The King (Cottingham) v The Justices of Co. Cork (1906)16 the conduct of the authorised agents was found to be that of the company in finding â€Å"good character†. Fraud17 [3-34] Fraud or fraudulent intentions is another situation in which the corporate veil will be lifted by the courts. To do otherwise would result in the use of the corporate personality as a cloak for fraud. Fraud is used in the general sense to connote impropriety or misconduct. In Re Shrinkpak Limited (1909)19 Barron J. found that the company had been found using money fraudulently converted from the use of another company which had gone into voluntary liquidation. Both companies had been under the control of the same person, and Barron J. granted an order, sought by the liquidator of the first company, to wind up Shrinkpak. [1906]A. C. 455. [1918] 2 I. R. 34. 16 [1906] 2 I. R. 415. 17 See Jennifer Payne, â€Å"Lifting the Corporate Veil: A Reassessment of the Fraud Exception†, Cambridge Law Journal 56(2) July 1997, pp. 284–290. 18 High Court, December 20, 1989. 14 15 46  © Griffith College Professional Law School 2011-2012 ? [3-35] In Creasy v Breachwood Motors Limited (1993)20 a general manager was dismissed, and sued for wrongful dismissal. The company ceased trading, paid off all its creditors apart from the general manager, and transferred its assets to a new company, the defendant. It was held that the separate legal personality of the second company could be disregarded and the plaintiff could enforce the judgment for wrongful dismissal that he had against the first company. [3-36] The courts will lift the veil here to im pose personal liability as in Re Bugle Press Ltd. 1961)21 Here the holders of 90 per cent of the shares in a company wished to buy out the holder of the remaining 10 per cent, but the minority shareholder refused to sell. The majority shareholders then set up a company to make a takeover bid for Bugle and under legislation, as this was a takeover bid, the company could then compulsorily acquire the minority shareholding. There had of course been no real takeover of the company and the new company had been formed solely with a view to expropriating the minority. The court held that the new company was a â€Å"sham† and â€Å"bare faced attempt to evade a fundamental rule of company law†. [3-37] The courts do not allow this line of reasoning to extend as far as mismanagement. In Dublin County Council v Elgin Homes Limited (1984)22 a company which had been granted planning permission went into liquidation before it could comply with the terms of that permission. The plaintiff sought to compel the company and its directors to complete the works. Barrington J. efused to lift the veil and compel the directors qua individuals to complete the works, at their own expense, and drew a distinction between fraud and mismanagement. [3-38] In Dublin Co. Co. v O’Riordan (1986),23 Murphy J. refused to extend the fraud rule to the affairs of the company being carried on with â€Å"scant disregard for the requirements of the Companies Acts† because there was no evidence of â€Å"fraud or the misappropriation of monies. † [3- 39] This was relied upon by Hamilton P in Dun Laoghaire Corporation v Park Hill Developments (1989). 4 The company did not have general meetings or formal board meetings, did not pay dividends or directors’ fees to a second director and shareholder. One individual, Mr Parkinson Hill had financial knowledge of the company and managed it with total disregard for the Companies Acts. Hamilton P held that while that was the case: â€Å"I have found no evidence of any fraud or misrepresentation, no siphoning off or misapplication of funds, nor any negligence in the carrying out of the affairs of the company. [3-40] In Re H et al (1996), it was held that where the defendant had used a corporate structure as a device or facade to conceal its criminal activities, the court could lift the corporate veil and treat the company property as â€Å"realisable property† within the meaning of UK criminal law. Section 24 of the Criminal Law Act 1994 provides for similar measures in Irish law. Avoidance of Legal Duty [3-41] The courts will not allow a controller to avoid an existing lega l obligation. In Cummings v Stewart (1911) related to a limited patent licensing agreement. The agreement allowed Stewart to exploit Cummings’s patent for consideration but didn’t allow him to sublet, transfer or assign it without Cummings’s consent. A proviso allowed Stewart to transfer the licence to a limited company he formed for the purpose of a business connected with the licence. Stewart could not make a profit, and in an attempt to evade the royalties payable by him under the contract, he transferred the licence to a company formed by him, but not for the purpose of exploiting the licence. [1993] BCLC 480. (1961) Ch 270. 22 [1984] I. L. R. M. 297. 3 [1986] I. L. R. M. 104. 24 [1989] I. R. 447. 20 21  © Griffith College Professional Law School 2011-2012   47 [3-42] Meredith M. R. stated that â€Å"it would be strange indeed if [the Companies Acts] could be turned into an engine for the destruction of legal obligation and the overthrow of legitimate and enforceable obligations. † [3-43] In Gilford Motor Company v Horne (1933)25 the defe ndant’s contract of employment with the plaintiff provided that he would not compete with the plaintiff should his contract be terminated. Upon termination the defendant set up a company with his son, in direct competition with the plaintiff and although he was neither a director nor shareholder of the new company, everyone referred to him as â€Å"the boss†. The court set aside the separate legal personality of the company. [3-44] In Jones v Lipman (1962)26 the defendant who had contracted to sell his house to the plaintiff tried to avoid a claim for specific performance to sell the house. He conveyed the house to a company which he owned and controlled in an effort to evade the plaintiff’s enforceable contract for sale. Russell J. rejected a defence based on the company being a separate entity, describing the company as: â€Å"the creature of the defendant, a device and a sham, a mask which he holds before his face in attempt to avoid recognition by the eye of equity†. [3-45] However, it is important to remember that the formation of a company which has no genuinely separate existence, which may in truth be no more than a nameplate on an office building, is not in itself unlawful. It is only where the company has been formed for some fraudulent, illegal or improper purpose that the court may do so. For example, in Roundabout Limited v Beirne (1959)27 it was argued that the court should look behind the formal legal structures to the reality, namely, the continuing control of the business and effective ownership by the same people. This request was refused and Dixon J. stated that although the scheme could be described as a subterfuge designed to circumvent the statutory protection of peaceful picketing, it was legally unassailable. [3-46] Furthermore this rule will not extend to the avoidance of prospective or future obligations, as held by the House of Lords in Adams v Cape Industries (1990). 8 Here the defendant UK company presided over a group of companies involved in mining asbestos. They had separate companies set up for the marketing of the asbestos in the US. The US subsidiaries were then subject to lawsuits for damage asbestos factory workers had suffered to their health from working with the defendant’s asbestos product. The plaintiffs then sought to enforce judg ment against the parent UK company, saying that the actions of the US companies should be treated as those of the defendants. The Court of Appeal held that the American Company had been set up so that the appearance of the defendant’s involvement in asbestos in the US would be minimised and also to reduce the possibility of Cape being made liable for US taxes or tort claims. But the court declined to treat this as a sufficient ground for lifting the corporate veil. Slade L. J. said arrangement of the corporate structure so as to ensure that legal liability (if any) in respect of particular future activities of the group will fall on another member of the group rather than the defendant company was a right inherent in our corporate law. The Agency or Alter Ego Principle [3-47] A Company is not per se the agent of its members but such a relationship may be created between the two. This is an area where the courts have been prepared, in apparent conflict with Salomon, to infer the existence of a relationship of agency between companies in the same group. [3-48] Subsidiaries are frequently found to be the agent of the parent company. This is best illustrated by the case of Smith, Stone and Knight v Birmingham Corporation (1939)29 A [1933] Ch. 939. [1962] 1 All E. R. 442. 27 (1959) I. R. 243. 28 [1990] Ch. 443. 9 [1939] 4 All E. R. 116. 25 26 48  © Griffith College Professional Law School 2011-2012   subsidiary of the plaintiff company was treated like a department and the plaintiff was entitled to all of the profits of the subsidiary without the declaration of a dividend. The defendant compulsorily purchased the land on which the subsidiary was based, and plaintiff successfully sought compensation. The defendant attempted to rely on the principle in Salomon and claimed the subsidiary was a distinct legal entity. However Atkinson J. tated that Salomon does not apply to a situation where there is a specific arrangement between the shareholders and the company whereby the company is an agent of its shareholders for the purpose of carrying on the business of the company. This will make the business of the company the business of the shareholders. The judge listed six factors, all based on the control over day-to-day operations, to be taken into account: 1. 2. 3. 4. 5. 6. Are the profits of the subsidiary treated as the profits of the parent? Were the persons conducting the business of the subsidiary appointed by the parent? Was the parent the â€Å"head and brains† of the trading venture? Did the parent govern the adventure? Were the subsidiary company’s profits made by the skill and direction of the parent? Was the parent in effective and constant control of the subsidiary? 30 All six questions must be answered in the affirmative. [3-49] As Keane points out31 these criteria may not be capable of general application and the case should probably be limited to its facts. If an agency were to be inferred in every such case, a significant number of subsidiaries would be treated as the agents of their holding companies. If this were so it would potentially expose those holding companies to direct liability for the debts and liabilities of their subsidiaries which would open a huge breach in the principle of limited liability. [3-50] The courts have also been far more willing to draw the inference of agency where the controlling shareholder is another company, rather than an individual. Some explanation was given for this in the case of Munton Bros Ltd v Secretary of State (1983). 32 Here Gibson J. found in favour of the parent company, holding that the subsidiary was in fact its agent. He observed that while the courts are extremely reluctant to hold that a company is its shareholder’s agent, the same objections do not apply where it is sought to demonstrate that a subsidiary company is in fact the agent of its parent company because the conception of incorporation remains intact. [3-51] There has also been a tendency to draw this inference with greater readiness in cases where there is the possibility of tax evasion. In Firestone Tyre v Llewellin (1957) an American company formed a subsidiary in England for the purpose of manufacturing and supplying tyres. The English company received the payments, deducted the cost of manufacture and a commission of 5 per cent, and then transferred the balance to the American parent company. Although the English company was independent in its day-to-day operations and only one of the directors was also a director of the American parent, it was held to be carrying on the business as the agent of the American company and thus the American parent was liable to pay tax in respect of profits of the English subsidiary. [3-52] In the recent case of Fyffes v DCC (2005)33 the agency principle was discussed. 4 In this case DCC plc was a parent company of Lotus Green. James Flavin was chief executive director of DCC. Lotus Green beneficially owned shares in Fyffes and sold these in February 2000. Lotus Green earned â‚ ¬106m from the sale. It was alleged that when these were sold James Flavin was in possession of insider or price sensitive information. Under the relevant legislation (Part V CA 1990) a company could not sell shares if one of its directors was in possession of price sensitive information in respect of those shares. Here James Flavin was a director of DCC, but not an official director of Lotus Green. One of the issues which arose was 30 31 32 33 This of course returns us to the basic criterion of control of the day-to-day operations. Keane, Company Law, (3rd ed. ), p. 130. [1983] N. I. 369. [2009] 2 IR 417 34 See Fyffes v DCC Analysis Implications, Stephen Dowling 2006 13 (2) CLP 27 for a good summary of the High Court decision.  © Griffith College Professional Law School 2011-2012 49 whether Lotus Green owned and sold the shares as agent of DCC. If it did then in law it would be as if DCC had sold the shares itself. If DCC owned and sold the shares itself it would be liable because Mr Flavin was a director of DCC. Laffoy J reviewed the law whereby a company might be deemed the agent of another and distilled the following principles. [3-53] Firstly, as a matter of law Lotus Green may be regarded as having acted as the agent of DCC in relation to the holding and disposal of the shares in Fyffes, if to do otherwise would lead to an injustice. However she adopted the proviso that a subsidiary would, however, only be deemed an agent of its parent where such an inference was factually justified. She rejected the argument that only evidence of an express agency agreement between the parties will suffice. Rather agency will be determined by reference to all the facts, including the nature of the parent’s interest in the shares of the subsidiary and the relationship between both. She said the views of the human agents in the company was not in any way determinative of the situation. [3-54] On the facts of this case she did not find that Lotus was an agent of DCC as regards the holding and disposal of the shares and in the acquiring of the profit from their sale. Whilst Lotus held the shares it held them independently from DCC. It did not hold them as agent for DCC. Summary of Fyffes v DCC Fyffes Plc Jim Flavin CEO of DCC Group Director of Fyffes DCC Lotus Green A company within DCC Group Incorporated in Holland DCC transferred shares in Fyffes to Lotus Green for the purposes of benefiting from the lower rate of Capital Gains Tax in Holland. Key Facts: Jim Flavin attends a meeting of the board of Directors in Fyffes at which certain confidential information is given to the board of Fyffes regarding the financial forecasts for the company in the next few months. Shortly after this meeting takes place Lotus Green sell the shares in Fyffes at a profit of ? 82 million. Fyffes bring an action against DCC on the basis of the insider dealing provisions of the 1990 Companies Act seeking to have them account for the profit. There are two limbs to the case: (1) Fyffes had to establish a connection between Jim Flavin and Lotus Green, and/or between DCC and Lotus Green. (2) Fyffes had to establish that the information given at the meeting consisted of price sensitive information within the meaning of the Act. A Single Economic Entity [3-55] In recent times the courts have put forward a further justification for disregarding the separate legal personality of related companies. Where the â€Å"justice of the case requires† the court will regard the entity as a mere constituent of a larger legal entity or a â€Å"single economic entity†. This kind of disregard may be distinguished from the implied agency cases, for where  © Griffith College Professional Law School 2011-2012 50   number of companies are regarded as a single legal entity only one legal person is recognised, whereas agency recognises the existence of two persons. This is the final circumstance where the corporate veil may be lifted. [3-56] In DHN Food Distributors Limited v Tower Hamlet LBC (1976)35 DHN had two wholly owned subsidiaries, one which owned the property of the group and one which ran the business of the group, occupying the property as a licensee. Here the defendant local authority made a compulso ry acquisition of property of the land-owning subsidiary. The parent company then sought compensation for disturbance. However, the land tribunal only offered negligible compensation, since DHN had been deprived merely of a revocable licence and the subsidiary had no business to lose. Denning L. J. endorsed Gower’s contention that courts had a general tendency to ignore the separate legal entities within a group and instead look at the economic identity of the whole group. Denning stated that this particularly applied when the holding company held all the shares in the subsidiary (a wholly-owned subsidiary), and can control it. He went on to hold that the parent should not be deprived of compensation due to a technical point when it was justly payable and so the companies in question would be treated as one company. [3-57] This rationale was adopted by Costello J. in Power Supermarkets Limited v Crumlin Investments Limited et al (1981). 36 The defendant was the landlord of a large shopping centre, and the plaintiff leased a unit for a supermarket chain within the centre. The plaintiff’s leasing contract included a clause disallowing the defendant from leasing or selling any other unit over 3,000ft2 for the sale of food or groceries. The centre was a financial failure and the defendant sold all of its shares to another company, Cornelscourt Shopping Centre Limited, which was one of the Dunnes Stores group. Many of the Dunnes Stores group companies were separate in name only, all being managed by the same group of people. It was vital from the Dunne family’s point of view that a Dunnes Stores retail outlet be established in the centre. It was the family policy that a new company should operate each separate retail unit and so a new company, Dunnes Stores (Crumlin) Limited, was incorporated for the purpose of establishing a retail outlet there. Upon incorporation of this new company, Cornelscourt Shopping Centre Limited caused Crumlin Investments limited to convey the freehold of a large unit in the shopping centre to Dunnes Stores (Crumlin) Limited for a nominal consideration and without any of the usual covenants. When Dunnes began to trade in the shopping centre the plaintiff succeeded in getting an injunction preventing them from trading. [3-58] Costello J. held that Dunnes Stores (Crumlin) Limited were bound by the restrictive covenants in the original contract even though they were not party to it. The company was described as a â€Å"mere technical device and a company with a ? issued capital which had no real independent life of its own†. 37 Having looked at the authorities he said that a court may, if the justice of the case so requires, treat two or more related companies as a single entity so that the business notionally carried on by one will be treated as the business of the group. He said that to treat Crumlin Investments and Dunnes Stores (Crumlin) limited as a single economic entity accorded fully with the commercial realities of the situation and avoided â€Å"considerable injustice†. [3-59] This was subsequently approved by the Supreme Court. But the disregarding of separate legal personality on the basis of the â€Å"justice of the situation† is a somewhat elusive concept. There may be many cases where it may be more desirable that the corporate veil be lifted in order to protect the rights of certain parties, but our system directly allows for the principle of incorporation and separate legal personality so that unless one can show a fraudulent or improper purpose behind the incorporation of the company there is no reason 35 [1976] 3 All E. R. 462. The High Court decision in Fyffes is relevant to several areas on the course. Students should note that Fyffes successfully appealed the High Court decision to the Supreme Court. However, the appeal was on one discreet issue: whether James Flavin (DCC’s Chief Executive) was in possession of price sensitive information. Therefore, the remarks made by the High Court (Laffoy J) in the other areas were not considered on appeal and are still valid. 36 High Court, June 22, 1981. 37 This was approved by the Supreme Court in Re Bray Travel and Bray Travel (Holdings) Limited, Supreme Court, July 13, 1981.  © Griffith College Professional Law School 2011-2012