Sunday, May 24, 2020

Analysis of the Storm Kate Chopin - 924 Words

Melendez English September 21, 2011 Essay II: The Storm Analysis of The Storm Passionate sex and an affair in 1899 were not to even be thought of, or to be written about. Kate Chopin writes â€Å"The Strom† about a young woman, along with her ex-lover from a previous romance, who under the right circumstances, gives in to her natural and sexual urge to be completely satisfied. Kate Chopin does an amazing job of combining plot, language, and setting to create a very passionate and vivid story. First, Chopin uses the plot to help tell her story. Chopin uses two different stories. She talks about Calixta’s husband Bobinot and her son Bibi on their journey home. She uses this subplot to foreshadow the storm that is approaching. Chopin†¦show more content†¦The Storm allows a woman to gain personal fulfillment and to remain happily married (Harris).† Their affair did no damage to their families, but reignited passion that they shared with their families. Rosenblum writes several good points about the storm. He sta tes, â€Å"This innocent adultery has given everyone a breath of freedom, cleansing them as the summer storm purifies the air,† â€Å"The storm is not only natural but also powerful, like the passions it symbolizes,† and â€Å"[Chopin] reinforces this idea [sex is natural] through other imagery drawn from nature, likening Alcee to the sun and Calixta to a lily and a pomegranate (Rosenblum).† Chopin is saying that sex is a natural force that we cannot avoid. It is essential like life. It renews the very essence of one’s being. This very sexual and sensual story was written so well. Chopin not only used a great plot, and great language, but she had the perfect setting for her story. She shows how the worst things can sometimes be the best. She wants her readers to understand that something â€Å"morally wrong† is not always bad. The affair changed Calixta’s relationship with her family for the better. Like the storm, it may have seemed bad at first, but when it was over it left her a brighter, happier, and more devoted mother and wife. â€Å"The storm passed, and everyone was happy (Chopin 156).† Works Cited Chopin, Kate. â€Å"The Storm.† Lit. Boston: Wadsworth, 2012. Print. Harris,Show MoreRelatedAnalysis Of Kate Chopin s The Storm 915 Words   |  4 PagesSeptember 30, 2015 Analysis of Kate Chopin’s â€Å"The Storm† â€Å"The Storm† by Kate Chopin is a story of passion and desire where morality has no home when it comes to love, sex, and marriage. â€Å"The Storm† as the title implies, tells a story about Calixta a married woman who has an affair with Alcee, a former beau who is also married. As the storm approaches so does Alcee riding upon his horse and he asks â€Å"May I come in and wait on your gallery till the storm is over, Calixta?† (Chopin , pg 121). She allowsRead MoreAnalysis Of Kate Chopin s The Storm 1842 Words   |  8 PagesMagen Ware Phyl Charnes English 28, March 2014 Betrayal My research paper is on The Storm, by Kate Chopin. This story is about two married couples having an affair during a fierce storm while their partners are elsewhere. Alcee is a high class, landowner and liked Calixta who was lower class. They were in love but could not let anyone know because it would be a disgrace. Five years later, they were both separately married and did not talk often. Calixta and Bobinot are married and they haveRead MoreAnalysis Of Kate Chopin s The Storm 1161 Words   |  5 Pageswhat would lead them to love and their happy ever after. Despite that, they always didn’t really love who they married, but they stood by because it was frowned upon for women to break the commitment of marriage, during this time period. In Kate Chopin’s, â€Å"The Storm† you can see that Calixta is unhappy in her married life, and it leads her to break away from the regular rules of a women in that time period. Similarly, in â€Å"Cinderella† by Anne Sexton, Cinderella does not seem happy in her marriage withRead MoreAn Analysis Of Kate Chopin s The Awakening And The Storm 1115 Words   |  5 Pagesof timeless literature that express this idea of new found feminism through stories of the obstacles women had to face are The Awakening, and The Storm, written by the illustrious author, Kate Chopin. Through these stories the reader sees an opposing perspective of mens actions, the suffering, and the hardships that women of these times endured. Chopin shows that in the times of these stories the institution of marriage, although sacred, places a restraint on true love because the conventions ofRead MoreThe Storm By Kate Chopin Essay1508 Words   |  7 Pages Kate Chopin was an American author who wrote the short story â€Å"The Storm†. It takes place somewhere down in Louisiana at a general store and at the house of Calixta, Bobinot who is the wife of Calixta, and their son Bibi. The other character in the story is the friend of Calixta, Alcee Laballiere. The story begins with Bobinot and Bibi in the general store to buy a can of shrimp; meanwhile, at home, Calixta is at home doing chores when a storm develops, which makes her worry about Bobinot and BibiRead MoreThe Storm by Kate Chopin1332 Words   |  6 Pages The first thing I noticed about Kate Chopin’s â€Å"The Storm,† is that it is utt erly dripping with sexual imagery and symbolism. Our heroine, if you will, seems to be a woman with normally restrained passions and a well-defined sense of propriety, who finds herself in a situation that tears down her restraint and reveals the vixen within. I wonder if it was intentional that the name Calixta makes me think of Calypso – the nymph from Greek mythology. If half of the sexual symbolism I found in thisRead MoreAn Examination Of How Kate Chopin s Work1298 Words   |  6 PagesENGL 1102 – Comp/Lit Essay 2 (Mulry) Sellers, James R – 920022413 Due Date: April 20, 2015 An Examination of How Kate Chopin’s Works Taken Together Contribute to our Understanding of Her Time and the Place of Women in Society Looking at themes present in his short stories and novels, Kate Chopin presents examples of female strength and an assertive rebellion to the social norms during the late 1800s. By seeking to transparently and boldly portray the risquà © behavior of her lead characters, whichRead MoreKate Chopin s An Hour1323 Words   |  6 Pagesunder an onerous marriage. In The Story of an Hour, through peculiar sentence structure, feministic themes, and irony, Kate Chopin portrays the resentment of women towards the oppressive institution of marriage through Mrs. Mallard’s joviality for her newly discovered freedom- a product of her husband’s assumed passing. Body Paragraph #1- Literary Device: Sentence Structure Kate Chopin commences the short story with â€Å"Knowing that Mrs. Mallard was afflicted with a heart trouble, great care was takenRead More The Dilemma of Women Essay1817 Words   |  8 PagesKate Chopin wrote stories of women in different states of independence from the men in their lives. She felt strongly about feminism and wanted women to be liberated from the dependence of men. By looking at Chopin’s stories we can see how the characters longed to be strong and independent women. In â€Å"The Story of an Hour†, when Mrs. Mallard hears of her husbands death she feels liberated and is described as: When she abandoned herself a little whispered word escaped her slightly parted lips. SheRead MoreLiterary Techniques Used in The Storm by Kate Chopin641 Words   |  3 Pagesmade me pick the story to write on. Kate Chopin did an outstanding job using symbolism, but this novel is not for all ages, if you know what I mean. How the setting, tone and theme all tie all together is what makes the story different from the others. Is the storm literal or symbolic? This particular question really stood out and really made me think and analysis the story. For example, the question asks about the storm if it is literal or symbolic. The storm is a super obvious symbol. Its involved

Wednesday, May 13, 2020

Conflict Styles With Face Negotiation Theory - 1022 Words

Conflict Styles With Face Negotiation Theory Introduction: In many aspects of our life, it is pervasive to work in a team. No matter in company, school, or another type of team it is necessary to be a part of a team and to achieve a team goal by corporations. People join a team with different personalities, goals, values, beliefs and needs. On the one hand, these differences can be a valuable quality of teams. On the other hand, these same differences inevitably lead to different levels of conflicts as well. This paper analyzed the conflicts communication by styles and types of conflict. There are five distinct types of conflicts, while this paper will only focus on collaboration conflict style and accommodating conflict style. These two types of conflict styles are more useful under corporative work environment. Additionally, my personal best and worst team experiences respectively illustrated how collaboration effective for my team work, and how overly accommodation influence my corporate outcomes. This paper is designed to offer a better understanding about conflicts styles, and intercultural communication and conflict within organizations. In terms of the paper structure, first, this paper gave a short explanation about the conflict styles. Then, some related concepts of Face Negotiation Theory explored in this paper as well. Additionally, it evaluated the effectiveness/ineffectiveness of collaboration conflict style and accommodating conflict styles in organizations.Show MoreRelatedFace Negotiation Theory By Stella Ting Toomey1465 Words   |  6 PagesFace-negotiation theory was developed by Stella Ting-Toomey, a professor of Speech Communication at California State University, Fullerton, who earned her Ph.D. from the University of Washington in 1981. She developed the theory after being influenced by the work of Goffman, and Brown and Levinson. Ting-Toomey (1988) states an assumption of face-negotiation theory is that â€Å"people in all cultures try to maintain and negotiate face in all communication situations.† Another assumption of the theoryRead MoreThe Theory Was Introduced By Stella Ting Toomey914 Words   |  4 PagesïÆ'Ëœ The theory was introduced by Stella Ting Toomey in 1985, a professor of human communication at California State University. ïÆ'Ëœ It states about the careful and imaginative administration of passionate dissatisfactions because of social or ethnic gathering enrollment character contrasts. ïÆ'Ëœ Negotiating is the to convince people around them to the point they need. ïÆ'Ëœ Negotiation doesn’t mean arguing or creating the point we like. It’s a discussion between people creating an agreementRead MoreThe Face-Negotiation Theory and Stella Ting-Toomey Essay1148 Words   |  5 Pagesthere are many theories which describe different ways people communicate. According to Doctor Thomas Hanitzsch, an associate professor of communication at the University of Munich in Germany, â€Å"Communication Theory is an international forum publishing high quality, original research into the theoretical development of communication from across a wide array of disciplines† (â€Å"Communication Theory†). A specific communication theory that will be highlighted is the Face-Negotiation theory developed by StellaRead MoreThe Role of Negotiation in Conflict Resolution Essay examples1516 Words   |  7 PagesThe role of negotiation in conflict resolution Introduction Conflict or disagreement over the range of issues has become inherent aspect of modern organisational life. People from different cultural and education background work in an organisation. People working in an organisation may possess different goal and interest. People working in organisation may tend to different over a range of issues including organisational politics, organisational procedure, personal preference or political preferenceRead MoreCommunication and Personality in Communication1434 Words   |  6 PagesRunning head: COMMUNICATION AND PERSONALITY IN NEGOTIATION PAPER Communication and Personality in Negotiation Paper MGT/445 University of Phoenix Communication and Personality in Negotiation Paper Negotiation can take place anywhere and at anytime. Negotiations can take place at home, at work, with family members, with friends, and co-workers. â€Å"Negotiation is a process by which we attempt to influence others to help us achieve our needs while at the same time takingRead MoreAn Analysis of American – Chinese Movie ‘Saving Face† by Using Face Negotiation Theory1939 Words   |  8 PagesAn analysis of American – Chinese movie ‘Saving face† by using Face Negotiation Theory Table of contents Face Negotiation Theory 2 An application of face-negotiation theory in the movie â€Å"Saving face† (2004) 3 Advantages and disadvantages of face theory 6 Conclusion 7 References 8 The term â€Å"face-negotiation theory† was first introduced by Stella Ting-Toomey, a Professor of Human Communication Studies at California State University, in 1988 based on amazing works of Goffman in 1955Read MoreFace Negotiation Theory4242 Words   |  17 PagesTing-Toomey 2011 Face-Negotiation Theory: Research and Assessment Stella Ting-Toomey 2011 Face-Negotiation Theory: Research and Assessment Face-Negotiation Theory: Research and Assessment Roberta Beauty Redding University of Louisiana at Lafayette Professor Philip Auter CMCN 384 March 27, 2011 Face-Negotiation Theory: Research and Assessment Roberta Beauty Redding University of Louisiana at Lafayette Professor Philip Auter CMCN 384 March 27, 2011 Face-Negotiation Theory: Research and AssessmentRead MoreConflict Resolution at General Hospital1081 Words   |  5 Pagesâ€Å"Conflict Resolution at General Hospital† Christy D. Harris Dr. Jack Huddleston, Professor BUS520: Leadership and Organizational Behavior August 20, 2011 Discuss the conflict that is occurring at General Hospital. The conflict that is occurring at General Hospital is simply a case of making the right financial decisions and man vs. computer. What I mean by that is, in trying to make cost effective decisions on how to cut back on expenses theyRead MoreConflict Management1469 Words   |  6 PagesConflict Management Conflict Management Yamil Little Strayer University BUS520 Dr. Anthony Hughes 02/27/11 Conflict Management Introduction In today’s ever-changing business environment organizations encounter varying levels of intrapersonal, interpersonal, intragroup, and intergroup conflicts. Intrapersonal conflict is a battle within oneself, which usually involves a life goal and/or change. Interpersonal conflict is when two or more people have opposing perspectivesRead MoreGender and Negotiation 1073 Words   |  4 Pagesor female affect our performance in a negotiation? Common logic tells us the answer is yes. Research concurs. Men and women differ in the way they view negotiations, the way they conduct negotiations, and even the outcome of negotiations. Being one gender puts us at an advantage to negotiate over being another gender. With the current style of negotiation, in the real world, men fare better in negotiations, such as in divorce settlements and salary negotiations than women. In the former women receive

Wednesday, May 6, 2020

Effects of Enzyme Free Essays

Effects of Temperature on Enzyme Biology Introduction In order to understand the activity of enzymes at different temperatures the ability of the enzyme to function can be measured. This is important in many applications such as Polymerase Chain Reaction for forensics as well as genetics research where manipulation of temperature-dependent enzymes allows for replication of DNA segments. Bennett states, â€Å"when the energy – measured as heat – increases in a chemical reaction the energy increases the reaction speed and reaction rate. We will write a custom essay sample on Effects of Enzyme or any similar topic only for you Order Now (1969) This happens until a threshold though in many biological processes where positive energy input no longer increases reaction speed due to the inhibition of other factors – in this experiment that factor is the degradation or denaturing of the protein complex that is the enzyme working to catalyze the reaction. One would make the hypothesis that for any given enzyme there is a minimum reaction rate which increases with temperature then at a maximum point begins to be less and less efficient as the enzyme form no longer works to catalyze the reactions with its given substrates. Materials and Methods After obtaining five clean test tubes and labeling them in order one through five, each were marked at one centimeter and at four centimeters from the bottom with a permanent marker. Next, the potato juice/catalase extract is added to each tube to the one centimeter mark. The following portion of the experiment was in segments for each tube. Tube one was placed in an ice-bath by adding ice and water in a 250ml beaker. Tube two was placed in the tube rack on the lab bench in a room temperature environment. Tube three was placed in a water bath at 50 degrees celsius, and tube four was set in the 70 degree celsius water bath. Tube five was placed in a boiling water bath of a beaker on the hot plate while wearing goggles for protection. Each tube was then left in the conditional environment for ten minutes. The temperature of the boiling water, room temperature, and ice bath were measured by thermometer. After the ten minutes I used the thermometer to measure the temperatures of the room, ice, and boiling water. Then, after adding water, waited 30 seconds until the foaming in the tube, stopped. The measured the amount of foam was recorded. Results After all the appropriate steps were taken, a table was created and I recorded each temperature that was in the tube and foam height as well. The temperate and the foam height were both recorded to see the resemblance and results concluding the temperature effect on enzymes. An example of my results are recreated as seen below (numbers and titles are accurate and the same as lab test) As shown in the table A, temperature and foam height is represented by different color lines on the graph. The purple line, represents temperature. The blue line represents foam height (mm). As the temperature rose, the heigh of the foam decreased. This did not support my hypothesis. My hypothesis clearly stated,† If the temperature is really high, then the foam will rise highly. 50 degrees will be have the most amount of foam. † This hypothesis was not supported because the highest amount of foam was found at 0 degrees. The enzymes reached optimum temperature, and then denaturing took place. In comparison to another lab, the same results occurred. Campbell Neil from students. cis stated, â€Å"The higher the concentration of substrate, the faster the reaction rate. † This made my hypothesis invalid. Discussion Although my hypothesis was not correct, the lab results agree with previous literature on the effects of temperature on enzyme activity. According to Susan Gilbert, â€Å"Enzymes are sensitive to their environmental conditions. Up to a point, the rate of the reaction will increase as a function of temperature because the substrates will collide more frequently with the enzyme active site. At extremes of pH or temperature, either high or low, the native structure of the enzyme will be compromised, and the molecule will become inactive†(2009). Enzymes are very sensitive and do the opposite of what most chemical reactions in this case. According to the Worthington Biochemical Corporation, â€Å"A ten degree Centigrade rise in temperature will increase the activity of most enzymes by 50 to 100%† (2012). This furthers the conclusion that when the temperature rose the foam height decreased and the reaction was less intense. Table A. Bibliography Bennett. 1969. Modern Topic in Biochemistry 43-45 Campbell, N. 2002. Biology, 6th ed. : Enzymes 300-340 Cummings. 1998. Biology in the Laboratory: Temperature and enzymes. 1-9, 10-20 Gilbert, S. 2002. â€Å"Enzymes. † Biology Vol. 2. 3-9 ———————– [pic] How to cite Effects of Enzyme, Papers

Effects of Enzyme Free Essays

Effects of Temperature on Enzyme Biology Introduction In order to understand the activity of enzymes at different temperatures the ability of the enzyme to function can be measured. This is important in many applications such as Polymerase Chain Reaction for forensics as well as genetics research where manipulation of temperature-dependent enzymes allows for replication of DNA segments. Bennett states, â€Å"when the energy – measured as heat – increases in a chemical reaction the energy increases the reaction speed and reaction rate. We will write a custom essay sample on Effects of Enzyme or any similar topic only for you Order Now (1969) This happens until a threshold though in many biological processes where positive energy input no longer increases reaction speed due to the inhibition of other factors – in this experiment that factor is the degradation or denaturing of the protein complex that is the enzyme working to catalyze the reaction. One would make the hypothesis that for any given enzyme there is a minimum reaction rate which increases with temperature then at a maximum point begins to be less and less efficient as the enzyme form no longer works to catalyze the reactions with its given substrates. Materials and Methods After obtaining five clean test tubes and labeling them in order one through five, each were marked at one centimeter and at four centimeters from the bottom with a permanent marker. Next, the potato juice/catalase extract is added to each tube to the one centimeter mark. The following portion of the experiment was in segments for each tube. Tube one was placed in an ice-bath by adding ice and water in a 250ml beaker. Tube two was placed in the tube rack on the lab bench in a room temperature environment. Tube three was placed in a water bath at 50 degrees celsius, and tube four was set in the 70 degree celsius water bath. Tube five was placed in a boiling water bath of a beaker on the hot plate while wearing goggles for protection. Each tube was then left in the conditional environment for ten minutes. The temperature of the boiling water, room temperature, and ice bath were measured by thermometer. After the ten minutes I used the thermometer to measure the temperatures of the room, ice, and boiling water. Then, after adding water, waited 30 seconds until the foaming in the tube, stopped. The measured the amount of foam was recorded. Results After all the appropriate steps were taken, a table was created and I recorded each temperature that was in the tube and foam height as well. The temperate and the foam height were both recorded to see the resemblance and results concluding the temperature effect on enzymes. An example of my results are recreated as seen below (numbers and titles are accurate and the same as lab test) As shown in the table A, temperature and foam height is represented by different color lines on the graph. The purple line, represents temperature. The blue line represents foam height (mm). As the temperature rose, the heigh of the foam decreased. This did not support my hypothesis. My hypothesis clearly stated,† If the temperature is really high, then the foam will rise highly. 50 degrees will be have the most amount of foam. † This hypothesis was not supported because the highest amount of foam was found at 0 degrees. The enzymes reached optimum temperature, and then denaturing took place. In comparison to another lab, the same results occurred. Campbell Neil from students. cis stated, â€Å"The higher the concentration of substrate, the faster the reaction rate. † This made my hypothesis invalid. Discussion Although my hypothesis was not correct, the lab results agree with previous literature on the effects of temperature on enzyme activity. According to Susan Gilbert, â€Å"Enzymes are sensitive to their environmental conditions. Up to a point, the rate of the reaction will increase as a function of temperature because the substrates will collide more frequently with the enzyme active site. At extremes of pH or temperature, either high or low, the native structure of the enzyme will be compromised, and the molecule will become inactive†(2009). Enzymes are very sensitive and do the opposite of what most chemical reactions in this case. According to the Worthington Biochemical Corporation, â€Å"A ten degree Centigrade rise in temperature will increase the activity of most enzymes by 50 to 100%† (2012). This furthers the conclusion that when the temperature rose the foam height decreased and the reaction was less intense. Table A. Bibliography Bennett. 1969. Modern Topic in Biochemistry 43-45 Campbell, N. 2002. Biology, 6th ed. : Enzymes 300-340 Cummings. 1998. Biology in the Laboratory: Temperature and enzymes. 1-9, 10-20 Gilbert, S. 2002. â€Å"Enzymes. † Biology Vol. 2. 3-9 ———————– [pic] How to cite Effects of Enzyme, Papers

Tuesday, May 5, 2020

Company Law In The Commonwealth Caribbean -Myassignmenthelp.Com

Question: Discuss About The Company Law In The Commonwealth Caribbean? Answer: Introduation A company once incorporated is an artificial person in law. When any company is formed in Australia, then, it gains the status of an artificial legal person who is a separate legal person in law and is construed as separate from its officers and owners. This characteristic of operations legal entity is analyzed in Salomon vASalomonand Co Ltd [1897]. (Rambarran Mangal, 1995) Once a company is registered then there are various characteristics that are associated with it. Some of the characteristics are that it has its own separate personality, that is, the acts of the company are carried out in its own name and the directors and shareholders are not accountable for the same. Apart from the abive, some of the other characteristics of a registered company are; (Tomasic et al, 2002) The liability of the company is limited unless the company is an unlimited liability company (Lee v Lee's Air Farming Ltd[1960]); There are various tax advantages; There is perpetual succession and a company never dies. It is easy to raise capital. The shares of the company can be transferred easily. But, how to gain this separate lawful position? In order to convert a business in the form of a company there are few statutory guidelines that needs to be comply with. The same are submitted herein below: (ASIC, 2017) The types of the company - The first step is to select the kind of company that a person intends to operate. There are various kinds of companies that can be operated in Australia. The same are: (James, 2008) Limited liability company The liability of the owner/shareholders is only up to the value of the shares hold by them; Unlimited liability companies are those where the liability is not limited; Companies limited by guarantee; For mining and resource companies, the no liability companies are registered; Public companies Apart from above, some of the other kinds of companies that can also be registered are Special purpose companies; not for profit companies; Limited liability companies. The company name It is then important that a company name must be selected. It is very important to select the company name which is not same with any oher names of the companies. However, even if the name is identical but in some cases the name is still registrable if: Where the name is holed by an individual and he is the proposed member or director of the company; Where the name holder is a company and the such company is the proposed member When the holder of the name is partnership or joint venture and every partner is the proposed member or director. Further if the name of the company includes words such as Bank, royal, trust, incorporated, then it is necessary that the prior approval of the government must be sought. But, if any name would mislead people regarding the company activities or includes words that resemble its association with the government of Australia, any Royal family or any ex-servicemen's organizations, then such names are prohibited. Any names which are illegal or offensive are also prohibited. Management of the company The next step is to decide as how the management of the company will be carried out. There are three options: By replaceable rules There is no requirement of written constitution if the company decides to operate by way of rules. By constitution a company can form a written document wherein the rules are written in a formal document. By both A company can comply with its internal governance with the help of both the replaceable rules and the constitution. Share details every proprietary company is require to have minimum fifty non-employees shareholders. Now, a proprietary company can be operated in two manners: Limited by shares when the obligation of the shareholders is only up to their share value. Unlimited company with share capital the liability of the shareholders is unlimited in nature. Obligations as an officeholder Every officeholder must analyze his obligations which includes, that the details of the company must be kept up to date, that the records must be maintained, fees must be paid, Obtain various consents Written consents are required from the directors, secretary and the members prior appointing them at their respective positions. A director and secretary must be 18 years of age and it is compulsory that one secretary or director must ordinary resides in Australia. also, every member must have at least one member. Selection of registered office there is a need of a office by every company. If the office is not possessed/owned by the company then it is necessary that written permission is required from the owner of the property where the registered office of the company is situated. Application with ASIC and application fee Form 201 must be submitted with ASIC along with fees for the incorporation of the company. The effect of incorporation As soon as a company is incorporate, the effect of the incorporation are: ACN number is acquired by the company; The company registration certificate is received. Corporate key is received. Ongoing requirements Once a company is registered it is necessary to make sure That: the name of the company is displayed wherein the business is conducted and is open to public; the ACN is displayed on all company documents; The details of the company are always up to date. Application of law It is thus submitted that Richard and his sons must follow the steps that are specified above in order to register their company and upon registration they can avail the benefits that are attributed to a registered company. Now, the name RIDALI can be kept by Richard and his sons as the name is not similar with any other company nor its is illegal, offensive or is prohibited. However, the name RICHS GURANTEE OLIVES gives a misconception regarding the guarantee of olives and thus can be misleading. A company once incorporated is an artificial person in law. A business legal entity signifies that the company is distinctive in the eyes of law and cannot be associated with its directors and officers. A company is unique and the acts that are pursued by the officers/directors/employees are on behalf of the company. (Rambarran Mangal, 1995) But there are situations wherein the tasks that are undertaken by the officers/directors/employees are construed to be their own and not carried on behalf of the company. This phenomenon is called piercing the corporate veil of the company. Normally, in case of subsidiary company, the acts of the subsidiary are considered to be the acts of the holding company provided there are any of the three situations: (Ramsay Noakes, 2001), If the subsidiary company is involved in the action of a tortuous liability In CSR Ltd v Wren (1997) 44 NSWLR 463, the CSR Ltd was the parent company of APL and CSR was held liable for the negligent actions of the APL because APL failed to make the workplace safe resulting in suffering of one of the employees of APL with asbestos-caused mesothelioma. It was held that CSR is liable for the acts of the APL as there is proximity amid CSR and APL and CSR can reasonability foresee the damages that is incurred by the employee of APL. In CSR v Young, (1998), the court held that the parent company has a duty of care towards its subsidiaries employees children. CSR failed to take proper precaution while distributing and manufacturing asbestos resulting in loss to the children of the employee of its subsidiary and was thus held negligent. When the subsidiary is construed to be the holding companys implied agent In Stone and Knight v Birmingham Corporation (1939), the subsidiary of the plaintiff carry out the business of the plaintiff holding company. The plaintiff beneficially holds the subsidiary and run the day to day activities of the subsidiaries. The profits of the subsidiary are held by the holding company. The court held that considering the situation, the subsidiary is nothing but is an implied agent of the holding and the work of the subsidiary must be honored by the holding company. When the creation of the subsidiary is to hide the true intention and is an act of sham or faade In Dennis Willcox Pty Ltd v Federal Commissioner of Taxation (1988), it was held that when the subsidiary is created by the parent company in order to incur sham then it the veil of the holding and subsidiary is pierced and they are regarded as one. Sham and Faade When the group is created so as to conceal the actual intention of the organizer then it is an action of facade and it was held by the courts that the veil of such corporate groups must be pierced in order to bring justice. When the establishment of the company is nothing but an act of fraud then the veil is pierced (Sharrment Pty Ltd v Official Trustee in Bankruptcy (1988). But in Peate v Federal Commissioner of Taxation (1964), it was held that of the company is incorporated properly by complying with all statutory compliances then the incorporation of the company cannot be regarded as an act of sham. Further, an aggrieved employee can take Statutory derivative action (SDA) action against the holding company if the company itself is not taking any action alginate its own wrong. As per section 236 of the corporation Act 2001, any member or officer of former officer or member of the company (as per section 82 A of the Act, an employee is considered as an officer), can make an application for SDA under section 237 if it can satisfy the court that the company will not take any action against the wrong so committed and the applicant is acting honestly and the application must be approved in the companys best interest and is a serious matter to be tried (Westgold Resources NL v Precious Metals Australia Ltd [2002]). Once SDA is undertaken then if the court thinks appropriate then the company at default can be would up. (Melissa Hofmann, 2005) Conclusion It is submitted that Terry is the employee of CMS and CMS is the subsidiary of CM. loss is caused to Terry because of the actions of CMS. It is submitted that all the equipments and actions of CMS is controlled by CM. thus, CMS is acting as an implied agent of CM. thus, the acts of CMS will fall upon CM (Stone and Knight v Birmingham Corporation (1939). Also, CM will ne held liable for the negligent actions of CMS (CSR v Young, (1998). So, Terry can sue CM for the negligent actions of CMS. Also, Terry can sue Lazarus Pty Ltd as this company is formulated by CMS in order to protect from the liabilities that might arose because its negligent actions. Thus, the creation of Lazarus Pty Ltd is to incur fraud or sham (Sharrment Pty Ltd). Further, since CMS has indulged in a wrongful action and there are chances that it will not bring any action against its own wring. Thus, Terry being the employee and officer of the company is authorized to bring SDA action against CMA under section 236 and ection237 of the Act. if the acts of CMS were found to be in compliance with section 237 of the Act, then, CMS can be wound up, Reference list Melissa Hofmann (2005) The Statutory Derivative Action in Australia: An Empirical Review of its Use and Effectiveness in Australia in Comparison to the United States, Canada and Singapore. Bond University. Rambarran Mangal, (1995) An Introduction to business Law in the Commonwealth Caribbean, Canoe Press, University of the West Indies. Ramsay Noakes (2001) Piercing the Corporate Veil in Australia. 19 Company and Securities Law Journal 250-271 Tomasic et al. (2002) Corporations Law in Australia, Federation Press. CSR Ltd v Wren (1997) 44 NSWLR 463. CSR v Young, (1998). Dennis Willcox Pty Ltd v Federal Commissioner of Taxation law (1988) 79 ALR 267. Lee v Lee's Air Farming Ltd[1960] UKPC 33 Salomon vASalomonand Co Ltd [1897] AC 22. Peate v Federal Commissioner of Taxation (1964) 111 CLR 443. Sharrment Pty Ltd v Official Trustee in Bankruptcy (1988) 82 ALR 530. Stone and Knight v Birmingham Corporation (1939). Westgold Resources NL v Precious Metals Australia Ltd [2002] WASC 221. ASIC (2017) Steps to register a company (Online). Available at: https://asic.gov.au/for-business/registering-a-company/steps-to-register-a-company/. Accessed on 5th October 2017.

Tuesday, March 31, 2020

Harley Davidson Inc. 2008 Thriving Through a Recession, Case 16 Essay Example

Harley Davidson Inc. 2008: Thriving Through a Recession, Case 16 Paper Harley Davidson Inc. 2008: Thriving Through a Recession, Case 16 Mgmt 479A, Week 3 Dropbox 1 November 13, 2011 Synopsis: Harley-Davidson is a 105 year old motorcycle manufacturer. William Harley and Arthur Davidson decided to design and build a motorcycle in 1901. By 1903, they had built and sold three motorcycles and in 1907, the Harley-Davidson Motor Company became incorporated. The company was acquired by AMF Inc in 1969, but the main focus was on short-term profits which inevitably sent consumers elsewhere and in 1981, Vaughn Beals lead a leveraged buyout to get Harley-Davidson out from under AMF. Under new management, the focus changed towards production and consumers. The research and development department picked up momentum and during the early 1990’s they decided to invest in Buell Motorcycle Company providing them entry into sport/performance motorcycle market. By 1996, the company decided to gear all of its attention to the motorcycle business. This meant eliminating the Transportation Vehicles segment which sold for about $105 million. 1997 brought significant changes internally and the launch of new products with the help of an intense procurement expert named Garry Berryman. James L. Ziemer worked for Harley-Davidson for 38 years before replacing CEO Jeffrey Bluestine when he retired in 2005. The Harley-Davidson name had been finding itself in places like Forbes â€Å"Company of the Year† and ranking on Business Week/Interbrand Annual Rankings Top 100 Global brands and on Fortune’s list for â€Å"Most Admired Companies. † By 2008, the recession was playing it toll and raising question about what was in store for the Harley-Davidson Company. Resources: Brand Name: Harley-DavidsonSuppliers International dealershipsFinancial Capital Buell Motorcycle CompanyManufacturing Locations H. O. G. BRAGE-Commerce We will write a custom essay sample on Harley Davidson Inc. 2008: Thriving Through a Recession, Case 16 specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Harley Davidson Inc. 2008: Thriving Through a Recession, Case 16 specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Harley Davidson Inc. 2008: Thriving Through a Recession, Case 16 specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Financial Services: HDFSJane Magazine Raw materialsInnovation: CAD System, MAN System Talented Managers: Ziemer, Berryman, Bluestine Human Resources: skilled employees, union non-union workforce, board of directors Technological Resources: patents, trademarks, trade name Capabilities RecruitingResearch Development Manufacturing MotorcyclesMotorcycling Lifestyle Marketing DistributionRider Training Safety Precise production schedulesStrategic Management Strategic Alliance Core Competencies Strategic AlliancesResearch Development Manufacturing MotorcyclesBrand Name H. O. G. ClubMotorcycling Lifestyle Rider Training SafetyPatents, Trademarks, Trade Names Financial Services: HDFS Finding of Fact #1: Harley-Davidson’s core customer base is shifting as the baby boomer population is aging. Recommendation/Justification: In 2006, the average age for purchasing a Harley-Davidson was about 47 years old with a median household income of $82,100. Of those purchased, 88% were made by men, while only 12% were purchased by women. Buell was off to a good start in 2000, by producing the Buell Blast because it was not only considerably smaller, it was more light weight in comparison to the traditional heavyweight models and it was less expensive. Statistics were showing the median age on this bike purchase was around 38 years old and 50% were purchased by females. Focus is turning to smaller segments for women and younger generations. I think these statistics could send Harley-Davidson down the right path. More time and money need to be put into research and development to figure out, not necessarily what females want, but what they physically need in order to have a safe and exciting ride. My co-worker and her husband purchased a Harley a few years ago and shortly afterward, she decided to get her motorcycle license. She never drove it however because the motorcycle was physically too heavy for her to operate. I believe Harley-Davidson needs to make more of a marketing effort to appeal to 20 something generation as well. In my opinion, Harley-Davidson has focused so much on appealing to the baby boom generation that it has become somewhat of a stigma. I associate Harley-Davidson with older men going through a mid-life crisis. One way would be to focus on social networking. Social networking sites like Facebook is a valuable way to advertise and reach consumers in a younger age group. There is no faster way to reach this generation then by asking them what they want. More and more sites are asking for participation in short surveys in exchange for being entered into a drawing. I also think their Rider’s Edge program should be geared specifically for different segments instead of lumping all riders into one rookie category. As a woman in my 30’s, I know I do not want to be taking a rider training and safety class with young males who have need for speed on the brain. I would rather be in a class with persons who understand my concerns for being safe on the roadway. Implementation: Harley-Davidson would need to start with the Strategic Management Model. They should be evaluating current results and I think the Blast is a good base model for statistics. Complete an environmental scan to determine all possible opportunities for developing the next generation of Harley’s not just female and younger persons and determine the competition in this market to address possible threats. Why do the younger people prefer crotch rockets? Determine the strengths and weaknesses internally and analyze SWOT factors. I would also survey the employees. Find out what they think it would take to get their son or daughter to purchase a motorcycle. What changes would they like to see to encourage drivers from a new generation? Finding of Fact #2: Harley-Davidson motorcycles are considered a recreational item or a deferred purchase. Ziemer made a comment regarding the recession, â€Å"recession-resistant, not recession-proof. † Recommendation/Justification: As United States currency weakens, it may be important to focus on countries where currency is more valuable. Foreign operations can provide significant investment capital. I was surprised that only 27% of revenue came from foreign markets and I was just as surprised that India was not in the list of foreign operations. Other countries use motorcycles as a form of transportation, not because they are fun, but because they are simpler when negotiating in traffic and motorcycles have better gas mileage. I had applied for a job position in Bermuda a few years ago and while doing my research on lifestyles and living conditions, it was strongly advised to purchase a motorcycle for transportation. With the recession and the cost of fuel rising, all vehicle manufacturers are struggling for a way to become more appealing in the marketplace. I think using these marketing strategies for motorcycles should not be underutilized. It is a matter of changing the way consumers view motorcycles. They do not have to be seen for merely recreation. Show consumers they are more environmentally friendly and many will jump on the band wagon. Implementation: I think this finding of fact is primarily a marketing issue for foreign markets and in the United States. Because the text was unclear about what is currently being done in foreign markets, I would choose now as the time to explore the marketing potential. Who is the biggest competitor in these markets and what do we need to do gain the competitive advantage? I would also start exploring entry barriers for India and perform a cost benefit analysis. In the United States I think Harley-Davidson needs to utilize a market development strategy for developing new uses for its current designs. I would find ways to incorporate the green movement and associate them with the motorcycles. I would use the rising gas prices as an advantage to promote MPG. I would research reasons why owning a motorcycle can save money and do a comparison to a car. I would focus on target groups. College students for example, need inexpensive transportation, ability to negotiate around college campuses and need to combat parking issues. What better way to solve all those problems then to buy a motorcycle. This not only changes the way consumers view the product it also reaches into markets outside of the baby boomer genre and address issues from finding of fact #1. Finding of Fact #3: BRAG was created over 10 years ago, but the 2007 profile only indicates 11,000 members. Development and marketing in this area is neglected. Recommendation/Justification: In the opening of the case, it states â€Å"It was a pretty amazing sight, dozens at a time, thousands in a day† to describe the thousands of Harley-Davidson bikers from all walks of life who come together for the love of the ride. When H. O. G. organization began in 1983, there were 33,000 members. This makes me question why BRAG membership is trailing so far behind. Included in Buell’s mission, it says Buell wants to provide its owners with an experience that is not provided by any other brand. Why hold a membership with BRAG if there is not much being offered? I think Buell Motorcycle Company is missing out on a very important opportunity to provide their owners that unique experience. Harley-Davidson invested in Buell specifically to gain entry into sport/performance niches that they had not previously had. With the question being raised now more than ever about how to penetrate the younger targeted groups, BRAG may be the ticket to promote such an idea. As Harley did, why not include one year membership with the purchase of every motorcycle? That is one way to get memberships up, but plans need to be made to keep it that way. Sturgis is a rally for Harley enthusiasts but there are many â€Å"motorcycle† rallies around the globe. Take annual bike week in Myrtle Beach, come to find out there are actually two because different cultures ride different bikes. The first week is the traditional bike week and then there is a second one for enthusiasts who prefer performance. Implementation: I would start with research on why the sport/performance market is four times larger in the European market than in the United States. I would also be going to Myrtle Beach during performance week and find out what enthusiasts are looking for. How can we make Buell the star of the show? Promote BRAG memberships and begin bigger, better rallies for Buell owners; get them excited about the brand. 11,000 members are not good enough; this is a large marketing opportunity. I feel like a strategic plan should have already have been put into motion. They want to penetrate the young and female population but there has not been much effort put forth. Here is an interesting thought. What if Harley-Davidson used Buell as a tool to condition entry riders and prepare them for the Harley experience as they age? Perhaps it is better to leave Harley-Davidson just the way it is because our tastes do change as we get older. We already know half of Buell Blast purchases were from first time buyers and women. BRAG could be marketed on different levels. Buell could be the key to getting people excited about riding and Harley could be where the pros go.

Saturday, March 7, 2020

Failure of Saint Francis Dam essays

Failure of Saint Francis Dam essays The city of Los Angeles needed a bigger water supply to provide water incase of drought or interruption of the current aqueduct. Construction of the Saint Francis Dam started in 1924 right outside of Los Angeles. Chief Engineer of the Los Angeles Department of Power and Water, Mr. William Mulholland, was in charge of every aspect of the design and construction of the dam. The St. Francis Dam was designed to be 175 feet tall and to hold back a reservoir of 30,000 acre-feet. Right after construction began in 1924, Mulholland decided to raise the dam 10 feet and increase the capacity of the reservoir to 32,000 acre-feet. In July of 1925 when the dam was about halfway completed, Mulholland again decided to raise the dam another 10 feet to a total height of 195 feet with a new capacity of 38,170 acre-feet. After construction of the dam, leaks were detected, Mulholland neglected these leaks and considered the dam to be safe. The day of the collapse Mulholland was asked to inspect ne w found cracks, found by the dam keeper Tony Harnischfeger. Mulholland considered the dam to still be safe. A moment before midnight on March 12, 1928 the St. Francis Dam collapsed. The twelve billion gallons of water rushed out from behind the dam in the form of a wave seventy eight feet tall destroying twelve thousand homes, eight thousand acres of farmland, and killed in excess of 450 people on its way to the Pacific Ocean. The total damage is estimated at fifteen million dollars. Mulholland made several catastrophic decisions in the design and construction of the Dam. The base of the dam was not widened to compensate for the additional water storage the city had required of it. There were no contraction joints, which allow concrete to crack in a controlled manner when it cools. No drainage galleries, tunnels that run through a structure to allow inspection for cracks and leaks. These galleri ...