Hypothetical for Positive Life Assurance Co Ltd - myassignmenthelp

Question: Discuss about theHypothetical for Positive Life Assurance Co Ltd. Answer: The first issue is whether Max can enforce the clause in the Company Constitution that makes him solicitor and the type of remedy that he would need to seek if he could. The second issue is whether Max can prevent the inclusion of the clause that allows the directors to expropriate his shares notwithstanding the fact that the directors have passed a special resolution. Section 140 of the Corporations Act 2001[1] provides that the constitution of a company has the effect of forming a contract under seal between the company and each member; the company and its directors and company secretary; and between the members. The effect of the above law, contractually, is that it is limited to those situations above. In other words, no common law rights are conferred upon any other person apart from the ones mentioned in the Act above. The authoritative deciding of Eley v Positive Life Assurance Co Ltd[2] clearly illustrated this fact. In that case, Eleys appointment under the Company Articles was as solicitor for life. Later, he became a member of the company and was removed from being the company solicitor. He sued the company for breach of contract and the Court held that the constitution of the company conferred upon him no other rights other than those of being a member and since those rights were not affected, there was no breach. This view was further asserted in the case of Hickman v Kent or Romney Marsh Sheep-breeders Association[3] where the court held that the articles have the effect of forming a contractual relationship between the members and the company. Section 136 of the Corporations Act outlines the procedure for amending or repealing a companys constitution and provides that the same can only be done by special resolution (s.136(2)). This was the position maintained by the English Court of Appeal in the authoritative pronunciation of Allen v Gold Reefs of West Africa Ltd.[4] It is important to note that under the Common Law, any alterations to the company constitution must be for the benefit of the company as a whole and must be bona fide. The Court authoritatively pronounced itself on this matter. In the case of Gambotto v WCP Ltd[5], the court held that in cases that involve an actual or effective expropriation of shares by the majority in order to compulsorily acquire the shares of the minority is oppressive conduct that necessarily lies beyond the scope of the contemplated aims of the power to amend articles. In ascertaining whether the alteration is valid, the courts will examine if the expropriation is valid or effective. T he burden of proving a challenge to an alteration is on the person bringing the claim to show that the majority of the persons that voted for the change acted beyond their powers. The case of Brown v British Abrasive Wheel Co Ltd[6] was to the effect that the move by the majority shareholders to compulsorily acquire the minority shareholders was denied by the Court. Section 136 of the Corporations Act allows shareholders to bring derivative actions against directors who are perceived to have breached their statutory duties. Section 236 to 242 provide for the procedure for bringing derivative actions. The appointment of Max as a company solicitor by the company constitution had the effect of creating a contractual relationship between him and the company by virtue of section 140 of the Corporations Act. That relationship is as between the company and Max as a member and not as solicitor. Although there was a special resolution by the directors, Max has a legal avenue through which he can challenge the decision to include a clause that expropriates his shares. This is by virtue of section 136 and the cases discussed in the foregoing. The onus is on Max to institute legal proceedings against the directors and to show that their actions were not within the objects of the powers to amend the articles. Maxs ability to enforce his constitutional appointment as solicitor is limited to him as a member. Therefore, Max cannot enforce the clause in the constitution that makes him solicitor. Also, Max can prevent the inclusion of the clause allowing the directors to expropriate his shares. The issue is whether the directors have issued their equitable and/or statutory duties to AB and the remedies that apply. The general rule is that the duties owed by directors are to the company as opposed to individual shareholders. This was the holding in the cases of Percival v Wright[7] and Allen v Gold Reefs of West Africa Ltd[8]. Section 181 of the Corporations Act 2001 imposes upon company directors the duty to act in good faith for the best interests of the company and in good faith. The courts have held that the obligation of acting in good faith and the duty of acting for a proper purpose are two separate duties in case of Bell Group Ltd (in liq) v Westpac Banking Corporation.[9] Santow, J., in the case of ASIC v Adler[10], stated that under section 181, a director is under a fiduciary obligation against promoting a personal gain where there is a possibility that they will conflict with the interests of the company. In assessing whether there is a reasonable and real risk that a conflict may possibly arise, the position of a reasonable person faced with similar circumstances is adopted.[11] Ho wever, a director is permitted to act on personal interest where he has not relieved himself of the personal interest provided that the personal interest was for the overall bona fide good of the company or for promotion of fairness.[12] Where a director is in a position of influence and power, merely disclosing the conflict between duty and interest and not voting is not enough to amount to fiduciary responsibility. Such a director must exercise such power to prevent that transaction.[13] Beyond disclosure, the action that a director is required to take is dependent on factors such as the degree of the directors involvement in the transaction and the seriousness of the likely outcomes for the corporation.[14] The general rule with respect to good faith is that directors must act upon their mandate bona fide in that which they deem as being within the interests of the company.[15] The test of honesty is objective as opposed to subjective, which is insufficient.[16] Acting in the best interests of a company denotes the corporators as an entire body and not a company as a distinct commercial entity separate from corporators as was the position in Greenhalgh v Arderne Cinemas Ltd.[17] The duty also requires that the creditors interests be considered. This was the position in the case of Spies v The Queen.[18] Although the companys interests and those of its shareholders are usually similar, in circumstances where that is not the case, it seems that those of the shareholders come first. In the case of Darvall v North Sydney Brick Tile Co Ltd[19], Hodgson, J affirmed the above position and further stated that directors may also act in the best interests of the company even though it is not within the short term interests of the members. The duty owed to shareholders as a group does not necessarily mean the same thing as that owed to individual shareholders as was seen in Percival v Wright. In some instances, however, the courts have held that speci fic shareholders are owed this duty. This was held, for instance, where the director of a family company withheld confidential information and stood to make profits out of the business deal as was the case in Coleman v Myers.[20] Courts have further noted that directors may well be shareholders, either preference or ordinary, and it would be impractical to invalidate their actions just because of this fact Mills v Mills at page 164. The courts tested the standard of good faith in the case of Howard Smith Ltd v Ampol Petroleum Ltd[21], which involved a takeover. The Privy Council found the directors to be in breach of that duty since if they had acted in good faith, their decision would not be impeachable by the courts. Accordingly, a decision that is performed by directors in good faith and for relevant purposes is not open for review by the courts as was the case The Bell Group Ltd (in liq) at paragraph 4426.[22] Directors duty to act for a proper purpose means that they must act within the purpose that was conferred to them. Directors, in the exercise of their powers, must not allow themselves to be found in a position where they are in a conflict or where their powers are restrained. In determining the purpose for which directors exercised a power, courts identify the directors substantial purpose that caused the directors to make a particular decision as was held in Bell IXL v Life Therapeutics Ltd.[23] Where shares are being allotted and it is found that the said allotment was made for a purpose that was impermissible. In such a circumstance, it is immaterial if rights are issued to a third party, the same will be voidable. The case of Howard Smith Ltd v Ampol Petroleum Ltd involved a companys directors that issued shares for the purpose of assisting a takeover by blocking the majority shareholders that was in existence. The Privy Council held that the directors were in breach of their du ty of good faith towards the company by purporting to destroy the existing majority shareholding to create a new one. Section 180 requires directors to exercise care and diligence. It creates the business judgement rule that requires directors to make decisions to take or not to undertake actions regarding matters relevant to the operations of the business of a company (s. 180 (3)) It is clear that AB was undergoing challenges especially since there had been a market shift and the competition was high. Also, there is an eminent takeover. It is clear that the move by the company directors was done for the companys best interests and for the proper purpose. Some degree of reasonable care and diligence is also discernible.The directors are not in breach. Bibliography Allen v Gold Reefs of West Africa Ltd [1900] 1 Ch D 656 ASIC v Adler [2002] NSWSC 171 ASIC v Maxwell [2006] 59 ACSR 373 Bell Group Ltd (in liq) v Westpac Banking Corporation (no 9) [2008] WASC 239 Bell IXL v Life Therapeutics Ltd [2008] FCA 1457 Brown v British Abrasive Wheel Co Ltd [1919] 1 Ch D 290 Coleman v Myers [1977] 2 NZLR 255 Corporations Act 2001 (Cth), Australia Darvall v North Sydney Brick Tile Co Ltd (1988) 6 ACLC 154 Eley v Positive Life Assurance Co Ltd [1876] 1 Ex D 88 Fitzsimmons v R (1997) 23 ACSR 355 Gambotto v WCP Ltd (1995) 16 ACSR 1 Greenhalgh v Arderne Cinemas Ltd [1951] Ch 286 Hickman v Kent or Romney Marsh Sheep-breeders Association [1915] 1 Ch D 881 Howard Smith Ltd v Ampol Petroleum Ltd [1974] AC 821 Mills v Mills (1938) 60 CLR 150 Percival v Wright [1902] 2 Ch 421 Permanent Building Society (In Liq) v McGee (1993) 11 ACSR 260 Permanent Building Society (in liq) v Wheeler (1994) 14 ACSR 109 Phipps v Boardman [1967] 2 AC 46 Re Smith and Fawcett [1942] 1 All ER 542 Spies v The Queen (2000) 201 CLR 603 The Bell Group Ltd (in liq) v Westpac Banking Corporation (No 9) [2008] WASC 239 [1] Corporations Act 2001 (Cth) [2] [1876] 1 Ex D 88 [3] [1915] 1 Ch D 881 [4] [1900] 1 Ch D 656 [5] (1995) 16 ACSR 1, at 8 [6] [1919] 1 Ch D 290 [7] [1902] 2 Ch 421 [8] [1900] 1 Ch D 656, at 104 [9] [2008] WASC 239, at 4456 [10] [2002] NSWSC 171, at 735 [11] Phipps v Boardman [1967] 2 AC 46, at 124 [12] Mills v Mills (1938) 60 CLR 150, at 164-165 [13] Permanent Building Society (In Liq) v McGee (1993) 11 ACSR 260, at 239 [14] Fitzsimmons v R (1997) 23 ACSR 355, at 258 [15] Re Smith and Fawcett [1942] 1 All ER 542 [16] Permanent Building Society (in liq) v Wheeler (1994) 14 ACSR 109, at 137 [17] [1951] Ch 286 [18] 201 CLR 603 [19] (1988) 6 ACLC 154 [20] [1977] 2 NZLR 255 [21] [1974] AC 821 [22] The Bell Group Ltd (in liq) v Westpac Banking Corporation (No 9) [2008] WASC 239 [23] [2008] FCA 1457

Teachings of Hinduism, Sikhism, and Jainism

Introduction Hinduism, Sikhism, and Jainism are Indian religions that are sometimes classified under Eastern religions (Matthews, 2008). Though mainly found in Indian communities, these religions are not restricted to the Indian subcontinent. They have different teachings and beliefs on spiritual concepts such as karma, afterlife, and rebirth. Founders of these religions developed the belief systems that they follow.Advertising We will write a custom essay sample on Teachings of Hinduism, Sikhism, and Jainism specifically for you for only $16.05 $11/page Learn More Their belief systems are similar in that they explain these concepts within a similar scope. However, the fact that their teachings are different explains the distinction in their belief systems. They share certain religious beliefs that are interpreted differently by each of one them. Similarities apply in the rituals they conduct and in the literary field. For example, they all conduct abhis eka, a head-anointing ritual that has great meaning to them (Matthews, 2008). They show differences in the interpretation of certain teachings. For example, Hinduism interprets dharma as a religious duty while Jainism interprets it as righteousness (Matthews, 2008). These religions have similarities and differences in their respective belief systems. Karma Karma refers to means that people use to determine their destiny through their actions, which are either good or evil. The three religions believe that individuals mold their destiny through their deeds. As such, karma is the resulting outcome of one’s actions, which determines the quality of life in the afterlife. In Hinduism, karma is an expression of the outcome of individual actions. Hindus believe that God is involved in the process of giving and revealing karma (Fowler, 1999). Karma is partly determined by the will of God, in addition to the actions of an individual. God administers karma fairly and does not favor any one. They also believe that karma is different from destiny or fate because humans use free will to make decisions (Fowler, 1999). Therefore, their actions result from rational decisions. They teach that one reaps what he/she planted. Therefore, if one commits evil, then evil will befall them. In Sikhism, three concepts that comprise maya control karma. The three concepts join the body and soul to the planet (Cole and Sambhi, 1999). Individuals possess these qualities in different degrees. Actions of individuals are controlled by eternal time (Cole and Sambhi, 1999).Advertising Looking for essay on religion theology? Let's see if we can help you! Get your first paper with 15% OFF Learn More Sikhs refer to actions executed under maya as karma. They believe that karma is the force that causes observed outcomes of people’s actions. Sikhism teaches and believes that karma makes people responsible for their actions. On the other hand, Jainism considers karma as cons isting of tiny particles that fill the universe. Attraction occurs through the soul, which has a certain karmic field that attracts the micro particles (Balcerowicz, 1999). Vibrations created by the mind, body, and soul initiate attraction. Therefore, prevailing mental, body, and soul dispositions determine karma. Interaction between karma and consciousness results in life. Sikhism differs with other religions because it considers karma as one of the natural laws that govern life (Balcerowicz, 1999). In addition, it teaches that changing one’s thoughts influences the outcome of karma. Afterlife The three religions believe in the afterlife, which is manifested through reincarnation. Hinduism has several beliefs that reiterate the reincarnation teaching. The Baghavat Gita teaches that just like an individual discards old and torn clothes for new ones, similarly the soul gets rid of the old body for a new one (Jennings, 1996). The principal teaching that informs afterlife is tha t the body is just an object to house the soul, which is sacred. The soul is eternal and indestructible. That is why it survives death and goes into the next life where it assumes another type of body. Hindus teach that the climax of the afterlife is salvation, which means unity with God (Jennings, 1996). They believe that karma has strong influence on reincarnation. Hinduism believes that reincarnation depends on an individual’s deeds before death. Reincarnation is only possible if an individual’s deeds resulted in good karma. Sikhism has several beliefs and teachings on reincarnation. Their teachings hold that the soul belongs to the spiritual universe, which was created by God. Similar to Hindus, Sikhs believe that karma determines reincarnation.Advertising We will write a custom essay sample on Teachings of Hinduism, Sikhism, and Jainism specifically for you for only $16.05 $11/page Learn More However, they differ with Hindus because t hey believe that the soul unites with God while Hindus believe that the soul merges with God (Cole, W and Sambhi, 1999). It may be necessary for the soul to undergo further purification by living several other lives before uniting with God. Jainism’s belief in afterlife is similar to that of Hinduism and Sikhism because they believe that it is determined by karma. However, their teachings claim that an individual could end up enjoying the afterlife in several ways. If an individual is devoid of bad karma, then he/she is ready for the afterlife (Kumara, 2006). However, if a soul possesses bad karma, then it is necessary for it to go through the eight hells in order to purify it and prepare it for reincarnation. The degree of suffering in the eight hells determines the readiness of the soul for liberation (Kumara, 2006). The more the suffering, the closer the soul will get to liberation. This process takes time but the soul is eventually liberated, thus united with the gods (Ku mara, 2006). Reincarnation/rebirth Reincarnation is the belief that after death, the soul moves from one body to another to enable it live in the afterlife. Hinduism, Sikhism, and Jainism believe in reincarnation of the soul. Rebirth forms a core part of the teachings of these religions. According to Hinduism, a human being is composed of a body and a soul, which constantly oppose each other. The soul is spiritual and the body is material. The soul is eternal and indestructible while the body is temporal and destructible (Fowler, 1999). It teaches that the body only exists to house the soul, thus discarded after death. However, since the soul is sacred and connected to God, it proceeds to the next life. The nature of reincarnation depends on karma. Hindus believe the soul is pure and it is necessary for it to be reborn in order to get rid of attachments to the material body (Fowler, 1999). Rebirth involves migration of the soul into another body depending on its karma. In addition, it involves cycles of birth and death that erase any ignorance and evil from the soul. The cycle involves entry of the soul into a rebirth system (Fowler, 1999). It can be reborn as a human, an animal, or a spirit. The cycle continues until a state of purity is attained. Hinduism teaches that the soul only enters the rebirth cycle due to ignorance by individuals of the reason of existence. Hindus have several reasons for reincarnation. These include satisfaction of individual desires, attainment of moksha (purity), payment of debt, and completion of an unfinished sadhana (Fowler, 1999).Advertising Looking for essay on religion theology? Let's see if we can help you! Get your first paper with 15% OFF Learn More In Jainism, reincarnation is one of the fundamental pillars of faith. It is related to other teachings and beliefs such as transmigration, liberation, non-attachment, and karma. The soul can be born either among gods or in hell, where it undergoes great suffering because of bad karma. Karma determines birth and death. As such, a soul under the control of karma undergoes cycling that is meant to purify it (Balcerowicz, 1999). The reincarnation doctrine is closely linked to karma. Karma determines the state of reincarnation. The soul of an individual with bad karma is reincarnated in hell while the soul of an individual with good karma is reincarnated among gods (Balcerowicz, 1999). This teaching is different from the teaching of the other two religions because there is no judgment or reward in reincarnation. They consider the purification cycle as a consequence of bad choices that individuals make. There are four birth categories in the teachings of Jainism. These include demi-gods, humans, evil beings, and animal, plants or microorganisms (Balcerowicz, 1999). Each of the four categories has a different level of being. Demi-gods inhabit a level that houses heaven while devil-like beings inhabit lower levels. Plants, animals, and microorganisms inhabit the middle level. Souls with single senses occupy all three levels. The teachings of Jainism differ from those of other religions because of the number of rebirth types that a cycle contains. There are about 8.4 million destinies that a soul can assume during reincarnation (Balcerowicz, 1999). God is not part of reincarnation because it depends on the karma of the soul. Just like Hindus, Sikhs believe in reincarnation. This implies that the soul can be born several times in form of an animal, human or plant. Their teaching has similar concepts that resonate with the teachings of Hinduism and Jainism. They all believe that after death, the soul undergoes several rebirths before it attains purity that enables it to unite with God. Sikhism teachings promote the belief that hell and heaven exist, and are used to either reward or punish souls depending on their karma (Cole, 2004). Their teachings define death as expiry of time allocated to the soul to live in a certain body. There are two possible outcomes of death. First, if a soul meditates on God and eliminates all evil, then it units with God and does not undergo the rebirth cycle. Secondly, if the soul is laden with evil and does not meditate on God, it enters the rebirth cycle until it attains purity to unite with God (Cole, 2004). The reincarnation cycle involves going through the body forms of 8.4 million species. The only way through which a soul can escape the rebirth cycle is by being good and meditating on God. This happens in order to attain purity and establish connection with God. Moksha is the release of a soul from the birth and death cycle (Cole, 2004). This state is only attained when karma is resolved and purity is attained th rough meditation on God. People with good karma do not fear death because they do not undergo reincarnation. They do not fear death because it is the only way to unite with God. The three religions believe in reincarnation but hold different beliefs on how it happens. Conclusion Hinduism, Jainism, and Sikhism are Indian religions that hold different beliefs concerning certain religious aspects. These religions have different teachings on concepts such as karma, the afterlife, and rebirth. Their beliefs are similar because they all believe in reincarnation, karma, and the afterlife. They believe and teach that karma results from deeds of individuals, which can be either good or bad. They also believe that the soul undergoes rebirth and death before it attains purity to unite with God. In addition, they believe that there is an afterlife. However, they differ in how they explain the three concepts. Hindus believe that Karma is partly determined by the will of God, in addition to the a ctions of an individual. God administers karma fairly and does not favor anyone. In Sikhism, karma is controlled by three concepts that comprise maya. The three qualities join the body and the soul to the planet. Individuals possess these qualities in different degrees, and their actions are controlled by eternal time. Jainism considers karma as consisting of tiny particles that fill the universe. The particles are attracted by the soul, which has a certain karmic field that attracts the micro particles. Attraction is generated from vibrations created by the mind, body, and soul. Hinduism teaches that Rebirth involves migration of the soul into another body depending on its karma. In contrast, Jainism teaches that it is necessary for the soul to undergo further purification by living several other lives before uniting with God. On the other hand, Sikhism teaches that the soul unites with God while Hindus believe that the soul merges with God. Sikhs believe that reincarnation cycle i nvolves all 8.4 million species while Hinduism believes that the cycle involves rebirth into a human, animal, or plant. References Balcerowicz, P 1999, Jainism and the Definition of Religion, Hindi Granth Karyalay,   Riyadh. Cole, W 2004, Understanding Sikhism, Dunedin Academic Press, New York. Cole, W and Sambhi, P 1999, The Shikhs: Their Religious Beliefs and Practices, Sussex Academic Press. Fowler, M 1999, Hinduism: Beliefs and Practices, Sussex Academic Press, Chicago. Jennings, H 1996, The Indian Religions, Health Research Books, New York. Kumara, R 2006, Different Aspects of Jainism, Sunrise Publications, London. Matthews, W 2008, World Religions, Cengage learning, New York. This essay on Teachings of Hinduism, Sikhism, and Jainism was written and submitted by user Nola West to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

20150630 750 Disc Essay

20150630 750 Disc Essay 20150630 750 Disc Essay The project I am working on at Mayo Clinic deals with improving flow within the Supply Chain Management Department. Specifically, I am working with the Master Data Management and Sourcing Pricing Quoting teams to document current flow and resource use to better determine a smoother system and uncover any gaps in research and processing. In healthcare there is a continual push for optimization and SWOT and force field analysis provide a valuable assessment of opportunities and barriers to change. Through this project I’m gathering data through SWOT and force field analysis before studying a focus group comprised of members of both teams. The SWOT and force field analysis provide the framework of opportunities through strengths and pushback from having weaknesses and opposition to change. 1) Define the Strengths, Weaknesses, Opportunities and Threats based on your analysis of your project. Explain your answer. Our strengths are determined by current elements and behaviors that boost our performance. After talking with several colleagues, one of the primary strengths within our department is proved success and a good reputation built from an experienced staff and involved leadership. Mayo is currently considered number two in healthcare supply chains according to Gartner. Another important strength is having the resources to make change. As a major healthcare supplier Mayo Clinic not only has purchasing power, they have the ability to work with development and build software that directly fits our organization. Weaknesses have to do with issues and behaviors within our organization that reduce or quality of care. We identified several weaknesses when thinking about how our teams work together and some barrier to change. Communication is a weakness among our supply chain. Although data travels quite well among teams communication about policy and procedure updates is not communicated or updated appropriately on team websites. Another weakness is trust among teams and team members. There is a lot of repeated verification of data as is flows through the system creating a lot of rework. Opportunities provide possibilities to make change developments that improve quality, efficiency, or lower costs. Several opportunities have also become apparent as the discussion has been opened up among teams. As both teams are newly staffed, there is a lot of opportunity to see how changes in the system can produce more efficient processes. We have also determined that defining roles and cross training could be very beneficial and support flexibility. Threats are influences that pose barriers to maintaining or improving the current state. Threats among our work teams include product disruptions for end users and decreased internal customer satisfaction as well as improper data reporting which can be very costly during annual audits. There are several other threats includ ing buying inaccuracy, and volunteerism among team members to embrace change and take on responsibility. 2) What are the opportunities for change? There is an opportunity for flow improvements as well as cross-training to improve data determination from end users. Mapping out the flow and identifying the best research tools to gather up-to-date, accurate information from within our system and from vendors should help to improve internal customer experience as well as build trust and teamwork. The goal is to reduce the time it takes from request submission to access to items. There is a secondary opportunity for developing better teamwork and communication through this process and outlining responsibilities. 3) What are the driving forces

Terms for Time of the Day

Terms for Time of the Day Terms for Time of the Day Terms for Time of the Day By Mark Nichol Many terms, practical and poetic, refer to various periods in the day or to related figurative senses. Here is a selection, ranging from regular to rare. Dawn (from Old English dagian, â€Å"to become day†), a word for the beginning of the day, also figuratively describes beginnings in general, especially in the sense of renewal or second chances. Daybreak is a practical synonym. A poetic variant is aurora, from the Latin name for the Roman goddess of dawn; the adjectival form is auroral. (The word is related to the Latin term auster, meaning â€Å"south wind,† from which the name of Australia is derived; the similar name Austria, by contrast, stems from the Germanic cognate of east, though auster and east are related.) Aurora is usually associated with the aurora borealis and the lesser-known aurora australis, atmospheric phenomena occurring, respectively, in and near the Arctic and Antarctic regions. The name for Easter, derived from the name of a Germanic goddess, is associated with the brightness of dawn and is related to east. Matutinal (from Matuta, an earlier Roman goddess later identified with Aurora) is an adjective referring to the morning; matins, the canonical term for the morning hours, and matinee, referring to an early performance, are related terms. Twilight (from an Old English term probably meaning â€Å"half-light†) is the dim light of the early morning and late evening, as well as those times of the day, though the term almost invariably refers to the latter period. Figuratively, the word also refers to a vaguely defined intermediate state or a period of decline. Gloaming (from Old English glom, meaning â€Å"twilight† which, incidentally, is not related to gloom but is akin to glow, from glowan) declined in use in the eighteenth century except in certain dialects but is associated with Scotland and poetry because of its use by Scots poet Robert Burns and others. Crepuscular (from Latin crepusculum, meaning â€Å"twilight, dusk†) is an adjective that refers to the margins of the day, especially in the evening, and might be used, for example, to refer to animal behavior. (Crepuscule and its variant crepuscle are rare noun forms.) Dusk (from Old English dox, and related to dun and dust) is the late evening twilight (and, rarely, the beginning of morning twilight); its adjectival form, dusky, refers to darkness or obscurity. Terms for the beginning of the day other than dawn include sunrise and sunup, complemented by sunset and sundown; the archaic terms morn and eve survive as poetic alternatives to morning (from the Old English term morgen the phrase to morgenne is the precursor of tomorrow) and evening (from even, in the sense of â€Å"equilibrium†). Other terms for morning include cockcrow, from the customary early-morning call of the rooster, while eventide and evenfall are poetic synonyms for evening. Various terms derive from noon (ultimately from the Latin term nona hora, meaning â€Å"ninth hour,† though the sense shifted to â€Å"midday†): These include noontime, the poetic noontide, afternoon, and the rare forenoon. Diurnal (from the Latin word diurnalis, also the precursor of journal), refers to daytime or daytime activity; the antonym is nocturnal (from the Latin term nocturnus). Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:12 Types of LanguageOne Fell Swoop30 Nautical Expressions

Investment in emerging market or the effects of foreign direct Dissertation

Investment in emerging market or the effects of foreign direct investment(FDI) in emerging market - Dissertation Example Hence, the impact of FDI can be ascertained through reports and academic articles. FDI alone does not mean success and it depends on various other factors. With a view to evaluate the impact that the MNCs make by entering developing economies, this study was conducted. This study is based purely on secondary data through reliable sources. After reviewing literature on the theories and perspectives on FDI and on emerging economies, two MNCs that have invested in two different economies – China and India - were studied. Yamaha of Japan invested in India as a market expansion strategy and achieved initial success. Their investment and control was limited and as competition increased, they could not sustain. They still have two plants in India but they are yet to achieve success. Cultural distance seems to be the dominant factor in the outcome. In the case of China, General Motors of the US adopted a unique strategy by entering through investments in research and development at th e behest of the local government. Gradually they could enter into manufacturing and today they sell more trucks in China than they do in the US. GM adopted a vertical approach to FDI in China because of the huge difference in the factor endowments. Thus, the success or failure of the MNCs in developing economies requires taking into account the risk factors and knowing how to mitigate these risks. Prior experience is not enough. Table of Contents 1. Introduction 1.1 Background 1 1.2 Problem statement 2 1.3 Organization of the study 3 2. Literature Review 4 2.1 Definition and concept of FDI 4 2.2 Drivers of FDI 5 2.3 Emerging economies 7 2.4 FDI in emerging economies 9 3. Research Methodology 10 3.1 Research Philosophy 10 3.2 Research phenomenon 10 3.3 Research design 10 3.4 Research strategy 11 3.5 Justification for literature review 12 4. Findings and Discussion 14 4.1 India 14 4.2 China 17 5. Conclusion & recommendations 22 5.1 Conclusion 22 5.2 Recommendations 23 References 25 Ap pendices 27 1. Introduction 1.1 Background The developing economies comprising of low-income economies (with an annual gross national income per capita of $905 or less) and lower-middle income economies (income per capita between $906 and $3,595) jointly produce 41% of the world’s output, according to the World Bank Development Indicators 2008 report (Lenartowicz & Balasubramanian, 2009). Moreover, 5 of the 12 largest economies are now in the developing world. China and India’s economies are not expected to grow 22 times their current size by 2050 whereas the US is expected to grow only 2.5 times approximately. The developing countries constitute more than 80% of the world’s population. The geographical focus of growth has shifted towards the developing economies, which is the reason that the multinationals have been trying to develop economies in Asia, Africa and South America as profit sources. While the MNCs from the developed nations were seeking suitable ci rcumstances for foreign market access, the developing nations also strived to draw the attention of the foreign investors by offering incentives (Michi, Cagatay & Koska, 2004). This led to a serious competition to access the developing nations’ markets and the evaluation was based on costs, internal market and ownership/location advantages. The developing nati

Black Fish Movie Assignment Example | Topics and Well Written Essays - 500 words

Black Fish Movie - Assignment Example There are no records of the attacks; thus trainers have little information on the risks involved in their job. The orcas are unhappy in this captivity and aggressive not to themselves but also to the trainers. This negligence witnessed in the way the orcas are treated, and this put the lives of the trainers in danger. The Blackfish film expounds on the mistreatment of orcas. This film focuses on the way the SeaWorld captured the orcas and kept in their captivity for human entertainment. Blackfish is one such documentary, which exposes the unkindness man imposes on animals and the plight of wildlife in marine parks as they undergo domestication and training to amuse humans and generate profits The filmmaker is making emphasis on telling the stories of the trainers and their narrative pointing to the abuse and in the way SeaWorld keep the killer whale in captive. The film advocates on the plight of orcas. It is not adequately supported because it is focusing on the incidents Tilikum and his captivity but fails to digress in talking the other incident involving others killer whales. There is no differentiation of the incidents. The film is not clear on how to treat SeaWorld. People interviewed in the film have the adverse opinion, and they do not provide the solution. The film has perfect visual work, and different interviews blended with the mixture of footage of animations of parks and animals. This cinematography is trying to bring clear vision and emotions on the subject of the plight of animals.

Improved Ethical Conduct Essay Example for Free

Improved Ethical Conduct Essay Improvement of ethical conduct is influential for the realization of sustainable social and economic development in any organization. Ethical conduct serves the important purpose of strengthening the reputation of an organization in the marketplace. In addition, improving ethical conduct is crucial in mitigating liability costs incurred by the organization. According to some economic and business management analysts, ethical business behavior in a company is instrumental in enhancing cooperation among its stakeholders, a move that functions to enhance the decision making process. This is also important in improving efficiency of executing business objectives. This paper is written in support of the thesis that companies should choose to understand, report on, and improve their ethical conduct as a crucial tool in ensuring sustainable competitive advantage in the market economy. Ethical conduct in an organization is important in protecting and strengthening the reputation of the company (Barnum, Richter, 1994). According to assertion by many people in the community, reputation of a firm is the most important marketing tool for its products. Numerous research findings have provided sufficient evidence linking the purchasing behavior of customers with the perceived reputation of the producing organization. Such findings have been explained by the fact firm reputation is closely attributed with quality and reliability of services, a factor that serves to enhance customer loyalty. In addition, reputation of an organization is important in protecting and enhancing investor confidence (Barnum, Richter, 1994). As an example is the financial scandal of Enron and WorldCom corporations in 2002. these scandals did not only lead to the collapsing of these two giant American corporations, but caused loss of billions of investor capitals, a move that compromised investor confidence in the firms. All these have the indication that enhancing ethical conduct in a company functions to ensure its competitive advantage. Still on improving ethical conduct in an organization is that it enhances the reputation of its individual employees. It has been evidently established that employee recommendations from some companies are highly recognized in the job market. This factor is driven by the fact that such companies have a strong corporate ethical code of conduct, a crucial element in defining the reliability and integrity of the individual. On the other hand, engaging in unethical business practices by individual employee serve both to enhance liability costs and compromise the reputation of the employee in the external job market. Another importance of improving ethical conduct in an organization is that it eliminates liability costs in the organization. According to the provisions of the American as well as international business laws, unethical behaviors by investments are subject to legal proceedings. This is because the law functions the purpose of protecting not only the interests of the firm but also those of the general public, a purpose that is negated by unethical business practices (Barnum, Richter, 1994). Based on this reasoning, it means that organizations engaged in unlawful practices serve to hurt the interest of customers and investors. As an example on improving ethical conduct to mitigate liability is the legal implications brought by the ZZZZ best carpet company. According to available information, the ZZZZ Company was involved in fraud activities to enhance its competitive financial position. However, following the revelation of the scandal, it management were subjected to legal justice and the worth of the organization auctioned to compensate investor who lost in the scandal. In addition, it is not uncommon to hear of customers filing damage cases against companies for falsified advertisements of products. Ethical business conduct is vital in ensuring efficiency of services provision in the organization. Instilling a corporate culture in an organization has it crucial function in ensuring commitment by employees serving in the organization. Just to be appreciated is the fact that the ultimate success of any organization is defined by its effectiveness in meeting the demands of its customers. On the other side, effective ethical conduct dictates for commitment of all stakeholders to the vision, mission, and objectives of the organization. Therefore, improving ethical conduct in an organization is important in improving it service provisions, thus ensuring sustainable competitive advantage of the organization in the marketplace. Improving ethical business practices promotes the decision making process in the organization (Barnum, Richter, 1994). Ethical business behavior serves to mitigate unfair dealings in an organization. It is worth noting that the decision making process of an organization is mainly driven by the financial stand of its investment. This is because such are the defining force of the measures necessary to enhance its economic expansion. This means that, without reliable financial accounting practices, the organization’s decision making process is deemed ineffective. Such practices are to be blamed for the downfall of the big corporations like WorldCom. Thus promoting ethical financial practices is crucial in enhancing the decision making process of an organization. In conclusion, business ethical practices are important component for the realization of long term competitive advantage of an organization in the marketplace. This is because they function to protect and strengthen the reputation of the firm as well as mitigating liability costs to the company. Thus companies should choose to understand, report on, and improve their ethical conduct as a crucial tool in ensuring sustainable competitive advantage in the market economy.