Is there such a Thing as Ãœber-Culture Clash - 1004 Words

Compared to our neighbours out in the Far East, our culture does not rely as much on respect and ancestral worship, and this is where we find Japanese culture strange and how our culture does not compare. A big example of this being a matter of respect and honor- a large part of Japanese culture that plays a part in their everyday life and to us Americans seemingly strange and unnecessary. It isn’t that we don’t have a concept of what honor and respect for our ancestors is, it is just that we don’t find a necessarily important aspect of our life to honor regularly; we don’t live in a culture where honor and family status is quite as important. This is can be seen quite well in the works of Rashomon by Ryunosuke Akutagawa. The stories to focus on that preach Japanese ideals very well and clearly include: The Martyr, Kesa and Morito, and In a Grove. The Martyr has good examples of honor, religious importance, and dignity. Kesa and Morito include examples of marital values and loyalty to your partner. In a Grove deals with good examples of certain cultural-relevant content portraying to the spiritual and truth of what people say. The Martyr covers the most as it deals with a mis-gendered child that is kicked out twice, but still finds the values more important than image. The Martyr deals with a child that is miss-gendered originally as male, is found abandoned and through a series of unfortunate circumstance caused by a spiteful neighbor is kicked out of its second home. TheShow MoreRelatedSigmund Freud Essay2676 Words   |  11 PagesLife in 1900, which explored everyday errors in speech, A Seventeenth-Century Demonological Neurosis during 1922 and The Ego and the Id in 1923. In cooperation with Josef Breuer in 1895, and at the age of 39, Sigmund Freud publishes Studien à ¼ber Hysterie and for the first time he succeeds in analysing one of his own dreams. The Psychopathology of Everyday Life, which explored everyday errors in spe ech, which he believed, were of in 1896, Sigmund Freud applies the term psychoanalysis forRead MoreSymbolic Interactionism George Simmel Jacqueline Low10230 Words   |  41 Pages our values are all located in the objects of our experience† and in which symbols gain their significance by virtue of the universality of their meaning (Mead 1935:80). For â€Å"if there is to be communication as such the symbol has to mean the same thing to all individuals involved† (Mead 1962:54); â€Å"it acquires universal meaning† (Mead 1922:161). Blumer (1969b:86) does not share Mead’s belief that the meaning of symbols will always ultimately be shared; instead, he asserts that â€Å"since ready-made and

Business Law of Finance Lease by John †MyAssignmenthelp.com

Questions: 1.Explain whether the car finance company can argue that it has a valid mortgage over the office? 2.Can Easy Loan Bank enforce its mortgage over the house and can it rely on the assumptions in s129 of the Corporations Act? Answers: Issue: 1. In the present case, the first issue is related with the purchase of sports car by John worth $80,000. For this purpose he has obtained a finance lease in the name of the company and he also gave a guarantee in the form of a mortgage over the office building belonging to Kakadu Tourism Services Pty Ltd. In the present case, it needs to be noted that the loan has been taken by John for his personal use, to purchase a sports car worth $80,000. In this way, Kakadu Tourism Services Pty Ltd (KTS) was not going to be benefited or derive any commercial advantage from the loan. Due to the reason that a corporation is a fictitious legal entity, it has to act through its agents. These agents can be the directors or the other officers, employees or official agents of the company. Rule: It has been mentioned in section 126, Corporations Act the seal of the company is not required for the purpose of creating a binding contract. If the agent of the company or its employee or some other person has been authorized for this purpose, and the person has acted within the authority provided by the company. Therefore, thelaw provides that if an individual is acting within the scope of express or implied authority provided by the company, may enter into a legally enforceable contract on behalf of the company (Baxt, Fletcher and Fridman, 2008). In this regard, it also needs to be stated that the directors or the other officers of the corporation enjoyed all the powers that have been given to them under the constitution of the corporation or the replaceable rules. It is also worth mentioning that the principle of ultra vires has been done away with. As a result, any of the company cannot be treated as invalid only on account of the reason that the act of the company is contrary to or beyond the limitations of the prohibitions that have been mentioned in the Constitution of the company. These include the contracts or the promises that are against the provisions of the Constitution of the company (Cassidy, 2013). This provision has been mentioned in section 125(2) of the Corporations Act. In this regard, another provision is present in section 129 of the Act. It provides that, generally, it is permissible for an outsider to assume that the person, acting on behalf of the corporation does have the necessary authority and the person is acting within the scope of the company's constitution. Application: In this regard, section 127 of the Act prescribes the ways in which a document may be validly exhibited by a company. Therefore, briefly speaking, a document may be executed by a company in accordance with the provisions of section 127 with or without the seal of the company. Thelaw provides that in case the company has received, it is not necessary to use it (Ciro and Symes, 2013). Hence, usually the execution of document according to section 127 takes place without the seal of the company. In such a case, a document may be validly executed if the document is signed by (i) to directors of the company; (ii) , a director and company secretary (iii) or in case of provides the company, having sole director, who is also the sole secretary by such director. Conclusion: In the present case, this requirement has not been fulfilled. As a result, it can be concluded that the mortgage over the office building of KTS, executed by John for purchasing the sports car was not validly executed. Hence, it cannot be argued by the car finance company that it has a valid mortgage over the office belonging to KTS. Issue: 2. Another issue that is present in this case deals with the loan of $200,000 taken from Easy Loan Bank without informing Mary and without obtaining the approval of the board, which was required by the Constitution of the company. John had mortgaged the house in which Mary was living. John also told the bank that Mary had resigned from the position of the company secretary of the company and his son Michael had been appointed as the company secretary. Therefore, it needs to be seen if the mortgage over the house can be enforced by Easy Loan Bank and for this purpose if the bank can rely on the assumptions mentioned in section 129, Corporations Act. Rule: It needs to be loaded in this regard that the individual directors of the company, managing directors as well as the company secretaries are always treated as agents of the company (Freeman and Lockyer v Buckhurst Park Properties (Mangal) Ltd., 1964). But they should be authorized by the relevant internal rules of the company. In this regard, section 129, Corporations Act provides that an outsider can make an assumption regarding the presence of the authority given to the agent. Therefore, it has been mentioned in section 129 that an outsider can make an assumption that a person representing the company as its officer has been appointed properly and similarly to assume that such such person has the authority of using the powers on behalf of the corporation (Hanrahan, Ramsay and Stapledon, 2013). Similarly, the section also provides that the outsiders may assume that the person is performing properly, its duties towards the corporation. On the other hand, a contract cannot be treated as binding for the company only due to the reason that the agent has entered the contract without authority (Hargovan and Adams, 2013). The relevantrule of the common law that applies in such cases is the indoor management rule. In Turquand's case, the court came up with this rule. According to the indoor management rule, protection has been provided to innocent third parties while they are going to enter the transaction with a corporation, but they cannot know if all the relevant internal rules of the corporation have been followed or not (Redmond, 2009). Hence the courts have adopted a practical approach in order to deal with the problems that were present before the outsiders. These problems were the result of the fact that it is very difficult for the outsiders to know if all the relevant internal rules of the company have been followed while inching into transaction (Li and Riley, 2009). The indoor management rule has been incorporated in section 129, Corporations Act. However, thecommon law provides that this protection is not available in case the third-party those regarding the fact that the director or the a gent was not properly appointed or if such person does not have the authority to enter a contract on behalf of the corporation. Similarly, the law requires that the effect of fraud and forgery should be kept in mind, while considering if a particular contract created by the agent can be treated as binding on the company or not. In order to deal with such cases, section 128(3) of the Act provides that if a document has been forged by the agent or if the agent has acted fraudulently, these assumptions can still be made by the innocent third party (Austin and Ramsay, 2012). Application: In this case, John had made a false representation to Easy Loan Bank that Mary has been removed from the position of the director of the corporation and in his place, his son, Michael has been appointed as the company secretary and Michael also has the authority to sign contracts on behalf of the corporation. But in this regard, it needs to be noted that there was no documentation lost with the ASIC which would show that Mary had been removed from the position of the company secretary of KTC and Michael has been appointed in her place. In this way, John had taken a loan of $200,000 from the bank without telling Mary. The loan was secured by a mortgage over the house that was owned by the company and in which Mary was living. Under these circumstances, the issue arises if the Bank can be allowed to enforce the mortgage against the house. For this purpose, it doesn't be decided if the mortgage created by John and Michael legally binds the company or not. In view of the regions mentione d in section 129, it can be said that in the present case, the mortgage is binding on the company. At the same time, it also needs to be noted that in view of section 128(3) even if there is some fraud, still an outsider is allowed by the law to make the assumptions mentioned in section 129. As a result in the present case. Also, Easy Loan Bank can make the presumptions mentioned in section 129 of the Act. As a result, the contract created by John and Michael regarding the loan of $200,000 and the mortgage of the house is binding on KTS. Conclusion: Under these circumstances, the law allows Easy Loan Bank to enforce the mortgage over the house. For this purpose the bank may rely on the assumptions mentioned in section 129 of the Act. References Austin R.P. and Ramsay, I. 2012, Ford's Principles of Corporations Law, Butterworths, Australia, 15th edition Baxt, R., and Fletcher, K.L., Fridman, S. 2008, Corporations and Associations Cases and Materials on, Butterworths, Australia, 10th edition Cassidy, J. 2013, Corporations Law Text and Essential Cases, Federation Press, 4th edition Sydney Ciro T, Symes C. 2013, Corporations Law in Principle LBC Thomson Reuters, Sydney, 9th edition Hanrahan, P., Ramsay I., Stapledon G. 2013, Commercial Applications of Company Law. CCH 14th edition Harris, J. Hargovan, A. Adams, M. 2013, Australian Corporate Law LexisNexis Butterworths 4th edition Li, G, Riley, S. 2009, Applied Corporate Law: A Bilingual Approach LexisNexis 1st Edition. Redmond, P. 2009, Companies and Securities Law - Commentary and Materials, Law Book Co., Sydney, 5th Freeman and Lockyer v Buckhurst Park Properties (Mangal) Ltd (1964) 2 QB 480

Ny Jets Essays - Vinny Testaverde, National Football League Playoffs

Ny Jets Testaverde takes control Jets' quarterback calls own plays in win By Vic Carucci NFL Insider EAST RUTHERFORD, N.J. (Oct. 23, 2000) ? When the New York Jets actually worked with a game plan Monday night, quarterback Vinny Testaverde struggled. Badly. He couldn't get them a single first down against the Miami Dolphins' vaunted defense. In fact, the Jets produced all of seven yards of offense in the first quarter to the Dolphins' 207. By halftime, Miami had 299 yards of offense to the Jets' 99. Testaverde also threw two interceptions in the first half and a third in the third quarter. But in the fourth quarter, with coach Al Groh allowing Testaverde to call his own plays from a no-huddle attack, the Jets' offense caught fire. He guided them to 20 first downs, to only one for Miami, and 30 points, the most in any quarter in franchise history, on the way to a 40-37 overtime victory against the Miami Dolphins. Testaverde finished with 36 completions in 59 attempts for 378 yards (his second highest total as a Jet) and five touchdowns, while throwing three interceptions. His final scoring throw was a three-yarder to offensive tackle Jumbo Elliott that tied the game at 37-37 with 42 seconds left in the fourth quarter, forcing the extra period. After the game, Testaverde talked about his performance in detail: You've staged some incredible comebacks in your career. Has there ever been another one that comes close to this? Testaverde: I wouldn't think so. This is great. We're 6-1. We're leading the division. It was a big game on Monday night. We were just about to get embarrassed out there. We came in at halftime, regrouped. And it's a great feeling. Coach Groh said he gave you freedom in the fourth quarter to call your own plays from no-huddle. Do you like it better that way? Testaverde: Under the circumstance, given that situation, it's hard to call plays from the sidelines. You just waste too much time, and we really needed to run plays. We were being very effective with (the ones Testaverde was calling), so he (Groh) just let me have it. And we kept running a variety of plays, ad-libbing at times, telling guys to run different routes, seeing how (the Dolphins) were playing coverages. Guys just responded well ? everybody from Richie Anderson to Wayne Chrebet to Laveranues Coles to Dedric Ward ? everybody. It was a great effort, it was great to see. The line blocked well. I don't know how many times we threw the ball (59). The last one that I got hit on just before the (winning) field goal was really the only time I got hit tonight. Did you have confidence in that pass to Jumbo Elliott? Testaverde: Yeah, we worked on it the last few weeks and Jumbo made it look easy ? in practice. But the ball was a little bit behind him. And it's hard for a big guy to turn when he's running straight ahead and he made a great catch, there's no question about it. Without it we don't win. What does this win say about the heart of this team? Testaverde: Al's always talking about the heart of this team ? one heart, one mind. With our mental toughness, with our physical play, we're going to win a lot of games. We just need to stay focused. We're not one of the most talented teams in the league. We're not a St. Louis by any stretch of the imagination. But when we play together and we play hard for four quarters, good things will happen for us. Were the Dolphins confused by the offensive package you began to run in the fourth quarter? Testaverde: It seems that the games that when we've come back and won late in the game like this, teams seem a little confused by it. And it's hard for them to practice for all these different looks. We have two running backs out there (Anderson and Curtis Martin) and we can spread them out wide with three wide receivers in the game. We can bring them in tight, and run the football effectively that way. We can put four wides in, using the two-running back package. We can go with three wides. We've got a lot of different combinations, a lot of different plays we run off of these things, and it's hard for a defense to prepare for the regular game plan, and then go prepare for all this. It makes it tough on them. And throughout the course of the game, we find a way to get it done by just experimenting

Fighting Ground Short Summary Essay Example

Fighting Ground Short Summary Essay Example Fighting Ground Short Summary Essay Fighting Ground Short Summary Essay Fighting Ground Summer Reading Assignment The Fighting Ground is about a thirteen year old boy named Jonathan. Jonathan has wanted to be a soldier since he was a little boy because his father and his brother were also soldiers. There was going to be a war and Jonathan wanted to join. However, his father disagreed of him being a soldier because he was too young. Jonathan went to the tavern where the Americans prepared to fight without any telling anyone. Before he started fighting he was kidnapped by three Hessians. They tied him to a tree and left him there for hours. After a while they untied him. They were talking in German and Jonathan felt scared because he thought that they were going to kill him. All of a sudden they heard a cow mooing. They approached the sound that led up to an abandoned house. Surprisingly in front of the house there was a little baby. He was alone. â€Å"Where are your parents? † asked Jonathan. The boy would not talk. Suddenly the boy grabbed Jonathan’s hand and took him somewhere. : Jonathan went with the boy. On the floor were two people a man, and a woman. â€Å"Mama, Mama,† cried the baby while pointing at the woman. He sat down playing with his dead mother’s hair. They looked like they were murdered. A couple hours later the baby fell asleep on his mother. That night Jonathan could not go anywhere because his foot was tied to one of the Hessian’s foot. He quietly untied the rope from his foot, went outside, grabbed the baby and headed towards the tavern. While the baby was sleeping on Jonathan’s shoulder, Jonathan walked through the woods in cold harsh weather. Finally he had reached the tavern. â€Å"Where were you, we thought you died† said one of the American soldiers said. Nervously, Jonathan told the Americans what had happened and he told the American soldiers where to find the Hessians. He couldn’t really remember because he had been walking for a long time. They went back to the house guns in hand with the baby still on Jonathan’s shoulder, Jonathan was struggling. The Americans surrounded the house. The Hessians had no chance to escape. They opened the door, guns drawn but were instantly killed by the American soldiers. The Americans went to the tavern but Jonathan went back home. He left the baby with the soldiers so they could care for him. Back home, he saw his father. â€Å"Were you†¦ hurt† his father asked him. Jonathan shook his head no. â€Å"Thank goodness†, he whispered. Jonathan proved that he was brave and loyal to his country, and that made his father very proud.

Central Engineering and Research Group (CERG) Essay

Central Engineering and Research Group (CERG) - Essay Example This approach means a move from a traditional 'control' type approach which accepts, implicitly, that defects will occur. Joseph M. Juran proposes the tools of control including the Bell system of sampling, the Shewhart control charts and inspection plans. These models could be successfully applied to CERG, but they will be replaced by modern theories of quality and cost control. The human dimension (training, education, cultural diversity management) proposed by Juran helps to motivate and inspire employees. For CERG, Juran's human approach help to create continuous motivation to achieve quality improvements, supported by appropriate education and training. Place emphasis on education will affect attitudes and motivation to achieving quality improvements. Also, Juran identified such threats as resistance to change and cultural resistance as important areas of concern. If staff are informed of changes, are encouraged to adopt a positive attitude and have personal involvement in the implementation of the change, there is a greater likelihood of their acceptance of the change (Beckford, 2002). Juran applied the Japanese philosophy on quality into Western management practices emphasizing the role of human resources and control. New quality programs should comprise a quality plan which offers a structured, disciplined approach to quality and incorporates a numbe r of tools and techniques. Particular emphasis is given to the collection and analysis of information and to employee training. It is culturally based with involvement as a core philosophy. W. Edwards Deming identifies '14 Points' which have a great impact on productivity and profitability of the company. His theory is based on process orientation which means a product quality throughout production. "It is not enough to just do your best or work hard. You must know what to work on" (Beckford, 2002). Deming creates a four step approach to quality and productivity which can be applied to CERG: plan-do-check-act. Also, he introduced Statistical Quality Control. This theory cannot be applied to CERG, bit it can be used by other departments in order to support CERG activity and increase output. Customer orientation is important for CERG, so the quality program should apply quality control principles to design/specification activities to formalize the mechanism for ensuring that customer requirements are incorporated (Arogyaswamy, Simmons, 1993). Philip Crosby marked a new era in quality management and control. His concept, "doing it right the first time" (DIRTFT), is successfully used by different industries and companies. The main principles of quality include: (1) quality is conformance to requirements; (2) the management system is prevention; (3) the performance standard is zero defects; (4) the measurement system is the cost of quality. CERG can use these principles as a core of quality philosophy. Following Crosby, quality is based on goals, measurements, and cash incentives for employees and management. It also has some aspects of quality circles. In order to make the program work, CERG should introduce: a motivational package, a prevention package (reducing management controlled defects), procedures to provide for feedback. Within CERG, low motivation results in high level of mistakes and 'defects'. For this reason, these elements of zero defects and the cost of qualit

The Oil Industry Essay Example | Topics and Well Written Essays - 1000 words

The Oil Industry - Essay Example This research will begin with the statement that the oil industry is not a modern development. It traces back its history to ancient ages. The only problem that has necessitated changes pertains to refinery and exploitation of oil. The modern oil industry emanated from an invention by Colonel Edwin Drake. It involved a steam-driven rig for drilling. This set up an expensive machine that most individuals could not be acquired. The only strategy was to harness resources for acquiring such machines. The machines became more expensive to acquire as time progressed since the demand for oil necessitated very quality product. The first companies progressed to attain revenues that offset their high costs. In this sense, they became monopolies. The main reason of monopoly pertained to the fact that it was becoming difficult to attain the minimum efficient scale.   The established companies were experiencing economies of scale. However, this trend stalled on the formation of unions such as o ligopoly.   The OPEC was composed of Middle East Asia countries and Venezuela. They emerged to form a substantial influence on the market. In spite of the fact, oil was a unique product, it could be refined to several products. These products helped create companies such as shell and BP who later influenced entry of other companies. In spite of the domineering presence of unions such as OPEC, prices usually shift in response to notable factors... There are notable factors that affect the demand of oil. To begin with, there is the concept of the cyclical demand of oil. This pertains to demand of oil that swings according to growth of economies. As economy grows, the demand of oil rises to the same. This is because oil is an essential input of many industries. It is vital to note that oil forms a core part of the production chain. The growth of economies is proportionate to growth of industries. In turn, the industries are triggered to increase production in order that the same meets the increasing demand out of surging income. A relevant example concerns with the case of China. Its demand of oil has substantially increased because of the growth in its economy. In addition, the price of substitutes is a core determination of oil’s demands. This pertains to produc5ts such as gas and coal. In the long-term strategies of many countries, they seek possible alternatives for oil. In this sense, the demand of oil would reduce. For instance, there was a demand of oil in 2004 to 2006 that led to substantial research into its possible alternatives. Additionally, change of climate serves to affect the demand of oil in the countries that experience the four seasons. This is eminent in European countries, USA and Russia. In this sense, there is high demand of oil during winter. This is because individuals require substantial energy in heating systems. For instance, there is increased demand of oil, for heating houses and work places, during fierce winters. In addition, speculative forces influences demand in distinct ways. Due to its imitable qualities, there are always speculations of rise in prices of oil. In one of the most recent instances, individuals rushed to attain

Made in Chelsea analysis of an episode Essay Example for Free

Made in Chelsea analysis of an episode Essay From the episode of Made In Chelsea I watched, I can say that the representations we have of upwardly mobile young city dwellers are that they are social-oriented, whose lives seem to be some care-free that they can cavort around various places in London—and the world—without any problems. We also only see characters of a certain age range—none are, we assume, above the age of thirty—of which the majority have no jobs or business, leading us to believe that they come from families of ‘old money’, and so having a job themselves would seem rather pointless. Saying that, there are a few characters who do possess their own business or thereabouts. However, our perceptions of the characters are very one sided, as we are constricted to seeing only one side of that character—the one that fits their current storyline the best. This prevents us from seeing, per se, the kind heartedness of a character that has just cheated on their partner. The words ‘characters’ and ‘storylines’ fit well with my next point; the conversations and the events that take place throughout the episode seem far too rehearsed and coincidental for them to be actual ‘reality’. Location shots are used of London sights and attractions to establish the setting of the scene. They also are only of Central London attractions, and the shops and restaurants et al all seem to highlight the wealth of the individuals who shop there, eat there etc. Reactions, for the majority of the show, are shown using over-the-shoulder shots to portray the reaction of the person who is being told something. There is also usage of eye line matching shots that show you what the character may have been looking at from their angle. The episode seems to comprise of short segments that have then been edited in post production so that they can seek out the most entertaining of segments. This is obvious as the episode transitions from one group of people at a restaurant to a boxing arena and then back to the restaurant again. Tzvetan Torodov’s narrative theory that conventional narratives are structured into five stages; Equilibrium—disruption—recognition—repair—reinstatement, could be present within the episode, as you can apply it to the situation between Louis, Spencer and Jamie (the love triangle storyline). The fact that it fits so well with Torodov’s theory does support the question â€Å"How much of Made In Chelsea is actually reality? †