Lifting the Corporate Veil Coursework Example | Topics and Well Written Essays - 1500 words

Lifting the Corporate Veil - Coursework Example In addition, the Salomon decision entrenched the notion of advantageous benefits which are granted to shareholders in the form of limited liability. The dicta of Salomon has been endlessly restated and quoted in many cases; it appears to exist as an â€Å"unyielding rock†4; especially since it has now been incorporated into the Companies Act 20006. The courts have endlessly been faced with circumstances under which certain exceptions to the Salomon rule have been necessary and thus permitted. However, the courts have taken care to retain the power to ignore the Salomon principle in order that its flexibility be preserved and in most cases this has led to the preservation of the corporate veil. The narrow approach which is contained in the Companies Act embodies the view that the company’s rights, property and liabilities belong to the company only. The wider view claims that the company’s members are prohibited from having any effect on or being counted in relati on to the legal obligations and obligations of the company.5 The existing statutory exceptions to the lifting of the veil are rather difficult to determine with a great amount of certainty;6 the concept that Salomon is a fundamental principle results in it being set aside with difficulty and even some reluctance on the part of the courts.7 As Lord Diplock claims, the statutory basis of the corporate veil is preserved, so that â€Å"any Parliamentary intention to pierce the corporate veil would be expressed in clear and unequivocal language†, however the lack of such clear language could still have the potential to allow the courts to pierce the veil in specific circumstances by way of a â€Å"purposive construction’ of Parliament’s intention†.8 However, the case of Tunstall iterates that it is important to remember that the â€Å"purposive instruction† must be evident, because it is not readily implied (542). 9 Other additional statutory provisions also provide the opportunity to lift the veil under specific circumstances, such as the taxation of group companies. It is often argued that such provisions do not lift the veil exactly; they instead impose supplementary obligations on subsidiaries and are termed ‘piercing’ the veil rather than ‘lifting’ the veil. Alleged fraud additionally grants the justification to lift the veil – this is indeed understandable. The Insolvency Act 1986 operates to allocate personal liability to directors or shareholders if it appears that the company has been formed for fraudulent activities,10 if evidence of director misconduct is evident, or if the company directors have been negligent by not winding up the company if it has little or no prospect of carrying on. Such provisions contain the potential to be defined and applied broadly, yet the danger of this is arguably small under the circumstances. The existence of such statutory provisions emphasize the major t emptation and potential of company members abusing of the corporate veil, and the courts have appropriately recognised and established the need to eliminate as far as necessary this possibility, and thus temptation. In the decision of Merchandise Transport,11 the court declined to retain the corporate personality of the company separate from its members where it had been discovered that the subsidiary company had been formed as a mechanism to avoid specific formalities when acquiring a favourable licence. Additionally, a facade has been revealed where a company had

Stakeholder Tertiary Project

Stakeholder Tertiary Project Task Statement: To address the theme of project requirements carry out research and from your finding draft clearly structured notes that explain what is: Meant by the primary, secondary and tertiary stakeholders The purpose of a scope document and sections it should contain Task Objectives: This task is given to find out the description about primary, secondary and tertiary stakeholder of a project and their activities with their concern area. All these will be described on the first section of this task. And the second section here will be defined and described about the purpose of a Scope document and also will be mentioned about its sections it should contain. Stakeholders The persons or organizations having an investment in what will be learned from an evaluation and what will be done with the knowledge. Stakeholders are groups of people who have an interest in a business organization. They can be seen as being either external to the organization, or internal. But some may be both. Primary Stakeholders Primary stakeholders are the intended beneficiaries of the project. Roles of Primary Stakeholder: Participation of primary stakeholders is essential in projects which are expected to have a direct positive impact on defined groups of people Examples of Primary Stakeholder: Employees Owners/Stockholders Customers Suppliers Stakeholder Secondary Stakeholders Secondary stakeholders are those who perform as intermediaries within a project. Roles of Primary Stakeholder: The main role of secondary stakeholder is linking local governance with national policies. In a few cases, secondary stakeholder plays a role also in consensus building, conflict management, decision making and financing. Example of secondary stakeholder: Intermediate government Local government NGOs The General Public Tertiary Stakeholders Tertiary stakeholders are those actors who are considered to have significant influence on the success of a project. Roles of tertiary Stakeholder: Tertiary stakeholders provide technical assistance, backstopping, extension and training services in their area of competence. They participate in decision-making and action taking and in awareness raising activities Tertiary stakeholder may assist in marketing, and provide financial support through investments. Example of Tertiary Stakeholder: Line agencies Enterprises and companies Banks National government authorities NGOs The purpose of Scope Documentation: The scope document is a general term for any document that refines and defines the requirements aspect of the triple constraint of time, cost, and requirements. In this general sense, it provides an overview of what the project is supposed to accomplish and clarifies how those accomplishments will be achieved. It may also provide the team members, customer, and project manager with insight on what is specifically not in the scope. The sections of a scope document: The outline for a scope document may include the elements discussed in the following sections. 1. Introduction/Background of the Project This includes the history and any environmental definitions required to understand the project. 2. Rationale/Business Opportunity This component expresses the advantages of moving ahead with the project and why it was undertaken. 3. Stakeholders and End Users This will list both business areas and individuals, citing their responsibilities, involvement, and any responsibilities or deliverables they may generate associated with the project. 4. Project Details This will sometimes be broken out into the functional requirements for the project and the technical requirements. The scope statement may only include the functional requirements. It should incorporate all of the mandatory requirements from the contract or memorandum of understanding, Should incorporate detail on the features of the deliverable that will serve those requirements. Administrative Requirements Because administrative responsibilities can be almost as onerous as project deliverable responsibilities, they should be clearly defined as components of the project scope Postproject Considerations Because the project effort normally makes up only a small component of a total system life cycle, any long-term considerations that will directly affect the project decision-making process should be incorporated in the scope document. Conclusion: This task was about the types of stakeholders and their respective responsibility in a project. And about their working roles with the example of stakeholder are provided in the task solution as I understand by reading the task statement and from my findings. I also tried to provide the information about scope documentation and its possible purposes. Reference: Web site: http://e-articles.info/e/a/title/Scope-Document/

Sonnys Blues by James Baldwin Essay example -- Sonnys Blues James Ba

Sonny's Blues by James Baldwin A captivating tale of a relationship between two troubling brothers in Harlem, "Sonny's Blues" is told from the perception of Sonny's brother, whose name is never mentioned. Baldwin's choice of Sonny's brother as a narrator is what makes "Sonny's Blues" significant in terms of illustrating the relationship and emotional complications of Sonny and his brother. The significance of "Sonny's Blues" lies in the way Sonny's brother describes their relationship based on what he observes, hears, and feels, and how he struggles trying to understand Sonny through the course of the story. This is a story of how two African Americans brothers take their own path through life as they struggle to find meaning in their lives. Sonny's brother point of view is shared in this story as he feels responsible to keep his brother safe. The brother learns to listen throughout this story to better understand Sonny's life. This story is primarily about Sonny's brothers' life, how he struggled in his life and how he is now watching his younger brother Sonny go through the same situation. He worries about Sonny's life; that Sonny might not be able to escape the turmoil that life brings especially being a musician with no ties to family and job security. Sonny's brother sees Sonny trying to become a jazz musician, he watches and listens as Sonny goes through many difficulties in life. He doesn't want Sonny to be a jazz musician, because there is no future in this. At the end of the story, Sonny's brother attends the nightclub to watch... ...Blues" illustrated how life was growing up in an African American family during 1930 Ââ€" 1960's. Black Americans struggled to make their imprint on society. The life of the amazing blind musician Ray Charles comes to my mind as I struggle to understand how the African American culture learned to survive during this time. Sonny and Ray Charles had many of the same life experiences, in particular relying on drugs to forget their past and living in a society where the black man struggled to make a living. Both men used their music of rhythm and blues to gain respect from family and friends. In particular they learned to use music to survive in times of racism, segregation and poverty.

Movie Response – Oklahoma Featuring Hugh Jackman

1. The central conflict of the musical ‘Oklahoma’ is concerned with the complicated love relationship of the two protagonists, Curly and Laurey. While they evidently fancy each other, they are reluctant to admit it openly. They are afraid that their affair will be talked about all around the town. As young people in love often behave, they are teasing each other by flirting with others. Curly asks Laurey to go with him to the Box Social, yet Laurey decides to go with Jud (who can be regarded as the antagonist). At the Box Social, Curly outbids Jud for Laurey’s baskets, and the young couple acknowledges their feeling towards each other. Conflict resolution occurs when drunk Jud comes to the wedding ceremony of Curly and Laurey and puts up a fight but accidentally stubs himself with his own knife. The people at the wedding stage a quick trial and decide that Curly is not guilty of what has happened. After it, the young couple goes on a honeymoon. While the relationship of Curly and Laurey is the central conflict of the musical, there is also another love story that contributes to the plot development. Will is in love with Ado Annie, yet upon his return from the Kansas City, he discovers that she is flirting with Ali Hakim, a peddler man. Yet Ali doesn’t have any plans to marry Ado Annie, while her father takes everything too seriously and threatens to shoot him if he doesn’t propose. However, after the Box Social, when Ali’s intentions to stay a bachelor become far too evident, Will and Ado Annie talk freely about their relationship. Finally, another implicit conflict in the plot is the division between farmers and cowboys. While these divisions are presented in a funny and lighthearted way, farmers and cowboys represent two different communities, and the any pretext can be used to start a brawl. When two communities come together to raise money for a schoolhouse is an interim resolution of this conflict. 2. Characters of Curly and Laurey are very graphically depicted in the musical. Their relationship is complicated, yet so is their emotional life. This is specifically true for Laurey who at times finds herself trapped in the confusion of her feelings. At the beginning, Laurey seems slightly too self-confident and stubborn: when Curly asks her to be his company at the Box Social, she doubts whether he is good enough for her. This image is further developed in the ‘Many a New Day’ scene: she sings that she will never be too upset if her man is gone; she’ll find a new love instead. She is confident of her beauty and her charm; she is sure that when she buys a new dress and brushes her hair, she’ll be able to start over a new leaf. However, this image of a self-confident girl who doesn’t take her love life seriously is questioned in the scene when Laurey dreams about getting married to Curly, but the image of Jud penetrates her dream. In this episode, Laurey is presented as a sensitive and vulnerable girl who cannot make up her mind but wants a happy love life. As for Curly, in the opening scene he is portrayed as an optimistic and buoyant guy with a good sense of humor: he sings of corn as high as an elephant's eye and the cattle are standing like statues. He is determined to win Laurey’s affection and is hurt by her refusal to go to the Box Social with him. In the episode when he asks her out, he is presented as a creative and romantic young man as he promises his honey that he’ll take her out in the surrey with the fringe on top with a team of snow-white horses. As the plot develops, a darker side of Curly’s personality is revealed. When he comes to the Smokehouse, consumed with jealousy and the pain from being rejected, he dreams of Jud being dead. Yet he decides to take a more constructive approach, and sells everything he has to outbid Jud for Laurey’s basket at the Box Social. Both Curly and Laurey are too preoccupied with what other people think about their nascent relationship; they don’t want neighbors to gossip all day behind their doors. But when everything works out well, Curly rejoices and claims publicly that Laurey is his girl. Hugh Jackman and Josefina Gabrielle both makes believable Curly and Laurey. However, if I dare voice a personal opinion, Hugh Jackman’s performance is slightly superior to that of Josefina Gabrielle. It can be perhaps explained by the fact that the character of Curly is more integral and consistent, while Gabrielle could have done a better job revealing two different sides of Laurey’s characters, hard and soft one. 3. To my mind, the song that best serves the purpose of revealing the character is the ‘Lonely Room.’ It gives a valuable insight into the inner world of Jud. It clearly identifies his motivation for getting Laurey: he cannot stand being in his room, all alone, without a girl to hold. The song probably suggests that it’s not so much about Laurey as about his unwillingness to be on her own anymore. While Jud should be best seen as an antagonist in the musical, the song serves to generate sympathy towards him. He spent so many long and lonely nights in his room that he deserves his own love. The song also gives a sense of Jud’s determination and impatience: instead of dreaming of Laurey, he wants to go outside and get her immediately. 4. Apart from serving a purely aesthetical purpose, the Dream Ballet also plays a foreshadowing role. In her dreams, Laurey is getting married to Curly; both look beautiful in their wedding costumes and happy to unite with each others. Yet this idyllic scene is devastated when Jud appears seemingly from nowhere. His costume and appearance both hint that he is not the one Laurey should be with; it reflects the feeling of insecurity Laurey experience by Jud’s side. The choreography of the ballet also represents the build-up of the tension between Curly and Jud; it ends abruptly when Curly is killed by the hatred and aggression Jud emanates. The theme of the ballet is connected with two dimensions of the first major theme of the musical (i.e. the power of love). First of all, people in love should acknowledge their feelings to each other openly, and girls should look for the right man for them. If it isn’t happening, and girls toy with the feelings of other men, the power of love can turn into a destructive and dangerous force. The ballet helps to advance the plot in two different ways: first of all, it serves the purpose of foreshadowing future events; secondly, it shows what a nightmare scenario will be like so that the viewer feel emotionally relieved upon the happy end. 5. There are two predominant themes of the film: the first one concerns the issue of true love and its power, and the second one is connected with the separation of public and private. The essence of the first theme is fairly clear-cut: both Curly/Laurey and Will/Ado Anne end up together despite the girls’ hesitation and flirt with other men. The film also suggests that girls should be honest with themselves and look for a man that has serious intentions. The power of love is also presented with a dramatic touch: it can grant happiness, but can also lead to tragic consequences, like Jud’s death. The second theme is also implicitly present throughout the whole story. While love is a private matter, people always take the opinion of family and community into account. Curly and Laurey are well-aware of the fact that they love each other, yet they don’t want their relationship to be discussed by everybody. Similar is true about Ado Annie’s affair with Ali: the father intervenes into their relationship with the intent to make Ali marry his daughter. All these facts exemplify that the line between public and private is blurred. 6. I enjoyed watching ‘Oklahoma,’ but it would hardly make it the list of my favorite films. While both camera work and actors’ performance are great, there are certain limitations. The passages from comic to tragic are too abrupt, and certain characters lack in-depth elaboration. However, keeping in mind that it’s a complicated and challenging task to adapt a musical for screen, Trevor Nunn did a fairly good job. References Oklahoma. Dir. Trevor Nunn. Image Entertainment, 1999.

A Portrait of the Artist as Filipino Essay

†Bitoy Camacho, an old friend of the Marasigans, pays them a visit one afternoon after many years of absence. He is greeted by the two daughters of Lorenzo Marasigan, a famous painter, who in his declining years has been living in isolation and abject poverty. Recently, he finished his latest and perhaps last major work of art, a painting he entitled Portrait of the Artist as Filipino. The sisters Paula and Candida welcome Bitoy. They reminisce about the past and the good old days. Tony Javier, a young musician renting a room in the house, comes home from work and is surprised. Tony confides to Bitoy his frustrated efforts in convincing the sisters to sell the painting to an American client. †In the second act, Don Lorenzo is visited by Manolo and Pepang–the older brother and sister of Candida and Paula. They plan to transfer their father to a hospital and sell the house. They have invited Don Perico, a senator to convince their younger sisters. Don Perico appeals to both sisters to donate the painting to the government in exchange for a handsome pension that would relieve them of their burden. The sisters remain firm and indifferent during the debate the senator is forced to examine his life realizing too late that he has betrayed his true vocation as an artist-poet. Forlorn and devastated by remorse, [the senator] bids the sisters farewell. †Manolo and Pepang quarrel with their younger sisters [who] are forced to reveal why their father painted the picture. They had confronted him a year before, and in pain accused him of having wasted their lives. As a reaction, he painted his last work of art and then attempted to commit suicide. †Alone, Candida tells Paula of her frustration in job seeking. Tony Javier rushes in with news about his American client who has doubled his offer [for the painting]. In a moment of weakness, Paula abandons the house and joins Tony. †The third act begins with Bitoy remembering the Octobers of his youth and the feast of La Naval de Manila. A group of visitors to the Marasigan home inquire about rumors that the painting and Paula have disappeared forcing Candida to admit what happened and accuses herself of masterminding the crime. Paula enters and admits to having destroyed the portrait. Crushed, Tony accuses the two women of condemning him back to poverty. He leaves cursing them. In the meanwhile, the two sisters reconcile and reaffirm their decision to remain in the house with their father. Bitoy in a monologue ends the play with a prayer deciding to dedicate his life to the preservation of Intramuros and its historical past through art and memory.†