Wagners Die Walkre Essay Example | Topics and Well Written Essays - 1250 words

Wagners Die Walkre - Essay Example The scenes Die Walkure, Act III, Scene 3 presents Walton, overcome and deeply moved by emotions, bidding farewell to Brunnhilde, who was then on her knees. Walton raises her from her knees while gazing her in the eyes, still filled with emotions, and echoes the farewell words. In his sentiments, Walton recalls the beautiful memories that he shared with Brunnhilde while expressing his regrets and difficulties that he was experiencing at the moment. The mood in these setting is that of grief, when Walton, despite his love for Brunnhilde, has to leave. The scenes presented the comeback of Valkyries from a battle joined by Brunnhilde alongside Sieglinde. Sieglinde had to live to bear Siegmund’s child, and is currently allowed away, prior to Walton’s arrival. Valkyries condemns his adorable daughter onto a rock, where she had to lie senselessly until roused by a mortal who was to be her husband. She pleads that her husband should be son to Sieglinde, whose name would be Siegfried. Walton departs leaving Brunnhilde surrounded by a protective fire meant to guard her as she sleeps to her magic (Roth 153). Once more, the motifs are interwoven, providing a further dimension to the story that it is complex and fraught with accompaniment of deeper and wider association. Orchestral extracts from Die Walkure include a stormy prelude on the first act, a prelude onto the second and a famous ride of Valkyries that introduces the third act. Siegmund remembers the promise of his father of giving him a sword. The narrative of Sieglinde brings out her sad forced marriage to Hunding. The joy brought by Siegmund to his sister is evident in his winter storms that waned in the moon of delight, while greeting and attributing her coming as the spring The second act of this scene illustrates Fricka’s denunciation of Wotan, and the explanations of Wotan to Brunnhilde, when the love of young pleasure left. Brunnhilde informs Sigmund of his impending death. Her pleas to the father

Direction of the Company Avid Technologies Inc Essay

Direction of the Company Avid Technologies Inc - Essay Example From the aforementioned arguments, it is clear that the scope of the organization’s business for development is bright as the efficiency of the organization to develop digital media for not only commercial purposes but also for marketing communication opens the doors for corporate business development for the organization. This is in line with the arguments of Gerry Johnson and Kevan Scholes 92003)who say that the level of innovation retaining the core business strategy will leverage competitive advantage and new market development for an organization. The company’s involvement in the marketing communication and its position in the games industries are the key areas for development to accomplish for future development. The key objectives set above can be measured against the company’s accomplishment in the form of market share for the organization in the aforementioned market segments. The company generates revenue mainly through the production and distribution o f digital media to clients in the film industry, games industry and other media related commercial business markets. The fact that the company pioneers in the postproduction media management and manipulation of the video in using a computer are the key to the company’s revenue generation. The range of products sold by the company mainly depending upon the requirements of the customers and their specific needs with respect to the projects they handle like the movies and visual effects for a given movie project makes it clear that he company’s core strategy of producing, managing and distributing digital media is the generator of revenue for the  organization.  

Evaluation of Effectiveness For Fedex Advertisement

Evaluation of Effectiveness For Fedex Advertisement According to FedEx China (2009), Ex Corporation was set up in 1973 and it is the biggest express transportation company in the world. The company offers a series of overall services including transportation, electronic business and business operations to global consumers and enterprises. As a brand it has a great reputation. Therefore it provides general business applications and solutions by competing with other companies to work smoothly. According to FedEx China (2009), FedEx has a $32 billion income per year and it encourages its 260,000 staff to pay a high degree of attention to safety problems, moral and business ethics of the highest standard, and also to satisfy the requirements of clients and society completely. In addition, FedEx Express now provides about 3.4 million packages per day. The company operates a fleet of about 654 aircraft and some 43,000 motorized vehicles and trailers.  Moreover, the global FedEx names are: FedEx Express, FedEx Ground, FedEx Freight, FedEx Office, FedEx Custom Critical, FedEx Trade Networks and FedEx Services, (About FedEx, 2009). It has been ranked the most admired and trustworthy company and provides fast and faithful express services to more than 220 countries and regions. There is a world airline and a land network to speedily transport the packages, needing only 24 hours or 48 hours to received (FedEx China, 2009). 1.2 Theories In this report, two theories will be used, Market Segmentation and Market Mix. According to Hall et al (2008:66), Market Segmentation is the break down a market into sub-groups with similar characteristics. Moreover, producer may then create products and services for them. Behavioural segmentation is one of the ways of Market Segmentation; segment markets based on how consumers relate to a product, (Hall et al, 2008:69). Loyalty is an example of behavioural segmentation, where the company separates, and divides consumers into different categories. Apart from Market Segmentation, another theory is Marketing Mix, which includes product, price, place and promotion. The Product requires producers have to know clearly what things are required by customers. The price indicates a business must know the worth of its product. It can make a high price if sold as a luxurious item, but not because of its high cost, (Hall et al, 2008). The promotion includes TV advertising (above the line) and pe rsonal selling (below the line). Place means that the products have to be sent to the consumers at the right place and right time, (Hall et al, 2008). 1.3 Aims The aim of this report is firstly to show how the advertisement is related to market segmentation and Marketing Mix. The second aim is to explain how the advertisement has been created to appeal to consumers. Finally to discuss how this advertisement has been created to target a specific market segment. 2. Findings Figure1: Epromos (2008) The FedEx logo was created by Lindon Leader of Fandor Associates in 1994 (Logoblog, 2008). The Fed is usually purple and the Ex has different colors in different logos, giving different meanings. In this advertisement, the logo is the original one in which the Ex is orange. The background of the logo is white, White means safety, (Color Wheel Pro, 2008). Purple conveys power, nobility, luxury, and ambition (Color Wheel Pro, 2008). Orange symbolizes enthusiasm, fascination, happiness, creativity, determination, attraction, success, encouragement, and stimulation (Color Wheel Pro, 2008). The shirt is blue, which conveys faith, confidence, trust and loyalty, (Color Wheel Pro, 2008). 3. Discussion 3.1 Marketing segmentation Demographic segmentation, Hall (2008:68) states that markets are often divided by social class. Most target audiences of FedEx are enterprises. Business needs effective, reliable and secure service, thus FedEx provides faithful and safe product delivery and is appropriate to business requirements. Furthermore, the quality, speed and convenience of FedEx appeals to consumers to enjoy their services. The great reputation makes FedEx have a vast range of consumers and businesses all over the world, and enterprises trust FedEx. The lasted successes are a result of the progress of market segmentation done by FedEx. Marketing mix 3.2.1 Price From the advertisement, it seems FedEx provides the service to the average citizen; therefore the price should be low. A FedEx overnight letter cost $11, it is cheaper than UPS and DHL, which cost $12 and $13, ( Oppapers, 2009). 3.2.2 Promotion As mentioned in the introduction, FedEx is the largest express transport company in the world, (FedEx China, 2008). The promotion of FedEx is above-the-line promotion (Hall, 2008). Thus the company publicizes through TV or newspapers. According to Hall (2008), good advertising should raise (AIDA) awareness and interest, desire and action. This advertisement is likely to reach the I of AIDA. In this advertisement, the person is not an attractive or a well-known model, who just an average man in the street. It presents FedEx in a popular style. In addition, this middle aged man in that shirt is making a phone call, he may be a trader. This may show FedExs target audiences to be enterprises. The logo of FedEx is on the shirt, in other words, the person in this advertisement is promoting for FedEx. Overall, the advertising promotes in an original and interesting way. 4. Conclusion 4.1 Summary To sum up, the color usage of the FedEx advertisement (blue) displays the faith, trust and loyalty, because most of their target groups are enterprises. Therefore they use this advertisement to promote their products to these enterprises. It shows the purpose of FedEx, which is ensuring to people their services are consistently reliable and safe. FedEx makes use of Marketing Mix and Market Segmentation in their advertisement to satisfy consumers. 4.2 Recommendations From this advertisement, FedEx use an average man to promote their brand. It would be strategy that FedEx may consider is to find a famous model to advertise, that may appeal more to some consumers. Another recommendation is that the shirt in the advertisement is too blank. FedEx could add several banners to show what they want to promote. Last but not least, the logo of FedEx has different colors which has different meanings, thus they should make use of different colors shirts to appeal to consumers.

Wildlife Corridors :: Wildlife Habitats Conservation Biology Essays

Wildlife Corridors With the continuously accelerating rate in the loss of wildlife habitat, there is a concern which greets the upcoming century. The problem with the presently remaining "untouched" wilderness is that large whole pieces of wild habitat end up manipulated to suit the needs of human populations. Often times mismanagement of land, besides the mere intrusion into a delicate habitat, exerts stress upon it’s state of equilibrium; so much so that certain species within an area become at risk for extinction. Depending on the stability and degree of interspecie dependency, the extinction of a couple of species of animals could lead to the gradual eventual degradation of that habitat. The focus of many leading conservation biologists within the last three to four decades has been on the study of different factors and dimensions that influence the extinction rate of different types of wild habitat. By understanding the factors and dimensions involved in the maintenance of habitat stability , conservationists may be able to more accurately explain how fragmentation effect specific types of habitat and population, and more accurately predict the effects of proposed conservation projects. Now as we enter a new era with frightening statistics on environmental destruction, conservationists are calling for quick action to slow down the rate of extinction and habitat fragmentation. The present popular proposed solution is for the construction of dispersal corridors, which will reconnect pieces of isolated habitat and reduce the rate of wildlife extinction. There is not enough available material to support this proposal but there is also not enough to prove it unworthy either. Although this is not the only solution to the problem, it is the most appealing to conservation biologists who desire to protect and reclaim wilderness quickly. Thus, ecological corridors is a critical topic of debate because it has become a popular concept taken very seriously by radical conservationis ts who are in a haste to implement the plan but who do not have sufficient data to prove that it might not counter their predictions and, as many skeptics fear, prove detrimental for habitat restoration. CORRIDOR ANALYSIS AND DESIGN Analysis In regions where habitat is fragmented by urbanization, cattle grazing, deforestation, etc., animals need a natural temporarily sustainable pathway for movement and migration in order to prevent either chances of inbreeding or overexploitation of prey. (1,3) Corridors act as a source of connectivity between two or more isolated habitat patches, making a natural landscape more confluent.

Hiv In Manipur India Health And Social Care Essay

Despite the fact that HIV/AIDS has become a serious public wellness job in Manipur for the last decennaries impacting people of all societal groups, the cognition and understanding degree of the general population is frequently marred by misconceptions taking to the marginalisation of HIV/AIDs and PLHAs. This article is based on prolong fieldwork carried out in two territories of Manipur viz ; Imphal and Chandel in the twelvemonth 2008 with the purpose to measure cognition and understanding degree of the general population sing HIV/AIDS, their attitude towards PLHAs ; and to unearth the myth, belief and patterns related to HIV/AIDS which might exposed them to HIV infection. A sum of 200 respondents i.e. 100 respondents from each territory dwelling of equal figure of male and female from the general population were interviewed for the intent. Knowledge, attitude, behaviour, and pattern towards HIV/AIDS in Manipur, India: a cross sectional survey. HIV/AIDS has spread like wildfire since its first sensing in 1981and has claimed 1000000s of lives across the universe. Harmonizing to the UNAID study, there were 33 million people populating with HIV, 2.7 million people were freshly infected with HIV and 2.0 million people died of AIDS in the twelvemonth 2007 alone ( UNAID study, 2007 ) . The spread of HIV/AIDS continues to intensify with every passing twelvemonth despite attempts to control it by the states across the continents. AIDS continues to be one of the slayer diseases of the twenty-first century without any remedy so far. It knows no societal, gender, caste and geographical boundary thereby impacting people from all walks of life: immature and old, rich and hapless, male and female, and cutting across different states of the universe. In India, HIV/AIDS has become one of the most ambitious public wellness jobs. The first HIV/AIDS instance in India was detected in 1986 at CMC, Vellore, from blood samples taken from commercial sex workers in Madras. Since so, it has spread heterogeneously and steadily to all the other States and Union districts. India is now, the 3rd largest HIV/AIDS affected state in the universe and remains the largest in Asia ( NACO, 2007 ) . The entire figure of people populating with HIV/AIDS ( PLHAs ) in India in 2007 was estimated to be 2.31 million ( 1.8-2.9 million ) . Out of this, 39 % of PLHAs are estimated to be females ( Technical brief, NACO, 2007 ) . Heterosexual is still the prevailing manner of HIV transmittal in India. However, the transmittal form of HIV in India is uneven with southern provinces describing more of heterosexual transmittal than the northern provinces. In the north eastern provinces, it is a combination of both shooting drug users and unprotected sex. Six provinces in India reported high HIV prevalence of more than 1 % among female parents go toing ante-natal clinic. Manipur is one such six provinces besides Andhra Pradesh, Karnataka, Maharashtra, Tamil Nadu and Nagaland. With barely 0.2 % of the state ‘s entire population, yet lending about 8 % of India ‘s entire HIV positive instances, AIDS has emerged as a new and serious public wellness exigency in Manipur. Though the major transmittal path in Manipur still remains through shooting drug users ( IDUs ‘ ) , sexual transmittal is non far behind. A recent one-year lookout surveillance study ( NACO, 2006 ) revealed that HIV prevalence among IDUs has well come down over the old ages but Manipur still has HIV prevalence of IDUs ‘ above 10 % . The rapid addition in HIV transmittal through insecure sex in the province in recent times is extremely refering. The prevalence of HIV among female sex workers ( FSW ) in Manipur is 13.07 % , following merely to Maharashtra ( 17.9 % ) and among work forces holding sex with work forces ( MSM ) is 16.4 % . ( HIV sentinel surveillance/technical brief, NACO ) . Vertical transmittal of HIV infection from hubby to get married monogamous married woman in Manipur is deriving impulse over the last few old ages with a study of more than 1 % prevalence of HIV among female parents go toing prenatal clinic. HIV/AIDS is progressively acute every bed of societal strata making even to the remotest country in Manipur. Negi K.S et.al ( 2006 ) in their survey observed that most of the persons in community do non hold correct and complete information about HIV/AIDS and its bar. The latest study of Manipur State AIDS Control Society ( MSACS ) revealed that Manipur has 40,000 HIV positive reported instances among the general population. HIV/AIDS has therefore, go a serious public wellness job in Manipur, impacting people from all societal strata. Therefore, maintaining the widespread job of HIV in head, the present survey has been planned to measure the cognition and apprehension of the general population sing HIV/AIDS, their attitude towards PLHAs † ; and to unearth the myth, belief and patterns related to HIV/AIDS which might expose them to HIV infection.Material and methods:This was a cross-section and experimental survey carried out in two territories of Manipur viz Chandel and Imphal from June 2008 till mid-November 2008. A sum of 200 respondents consisting of 100 respondents each from two sub-divisions i. vitamin E Lamphelpat in Imphal West and Chandel in Chandel territories, were contacted in their place and interviewed. The respondents who were at least 18 old ages of age and above were indiscriminately selected and interviewed after taking their informed consent. Equal Numberss of male and female respondents from both the territories were selected for the intent. A pre-tested questionnaire consisting of points on socio-demographic background, cognition, attitude, behaviour and pattern of HIV/AIDS was used for roll uping informations from each of the respondents. The interview though, based on the questionnaire was a combination of closed and open-ended, and the interview was carried out in free flowing mode where respondents revealed beyond what is being asked. This was supplemented by participant observation. Imphal is the capital metropolis of Manipur and lies at the bosom of the province. It is a commercial and official hub of the province. There are different communities populating in Imphal, the majority of which is constituted by the Meitei community followed by Muslims, different tribal groups, and non-Manipuri migrators. Imphal territory being the capital metropolis holds an border over other territories and has the best wellness attention installations available in the province. Besides that, it is besides place to many apex authorities and non-government offices including assorted NGOs ‘ working for the public assistance of HIV/AIDS in the province. It besides has an border over other territories in footings of substructure, conveyance and communicating, educational establishments, etc. Imphal is divided into two districts-east and west. The country of the survey was in located in Lamphelpat sub-division of Imphal-west territory. This sub-division is the most thickly popula ted country ( 2001 nose count ) in Imphal West. Majority of the people in Lamphelpat follow Hinduism, Muslim, Meitei Sanamahi and Christianity. Another country of the survey is Chandel territory, situated on the southern portion of Manipur 64km off from Imphal metropolis. It is inhabited by scheduled folks preponderantly belonging to the Naga cultural group followed by folks belonging to Kuki/Zou cultural groups. There is besides a minor population of non-tribal communities belonging to Meitei, Muslim and non-Manipuri migrators. The field survey was carried out in the territory headquarter of Chandel sub-division where the survey population comprises of different Naga folk. Christianity is the dominant faith practiced among the tribal population of Chandel sub-division.Datas analysis:Data was entered in SPSS-Pc version 11.5/15 ( Check ) . Data was expressed in per centums and comparings between the groups were done utilizing Chi-square trial. Unpaired't ‘ trial was performed for happening out differences between groups for quantitative variables. ‘p ‘ value less than 0.05 was considered important.Consequenc esDemographic profile of the survey population:A sum of 200 respondents from both Imphal and Chandel territories were interviewed utilizing the framed KABP questionnaires. There were 100 respondents from each of the territory consisting of 50 male and 50 female. The respondents in Chandel belonged to the tribal population of the Nagas while that of Imphal belonged to the Meiteis. The respondents belonging to different age groups were maximal for: 18-30 ( 45.5 % ) , 31-40 ( 29 % ) , 41-50 ( 16 % ) , 51-60 97 % ) and 61-above ( 2.5 % ) in falling order. In footings of matrimonial position, the respondents comprises largely of married work forces ( 54 % ) and adult female ( 61 % ) , followed by single work forces ( 44 % ) and adult females ( 34 % ) . The educational position of the respondents in Imphal countries largely studied till secondary ( 33 % ) or up to alumnuss ( 33 % ) while in Chandel, most of the respondents studied till secondary ( 30 ) . Gender wise, male respondents were found to be more educated than female. At least 39 % respondents in Chandel were either illiterate or have primary instruction as against 5 % respondents in Imphal. Overall, most respondents studied till secondary ( 31.5 ) followed by alumnuss ( 29 % ) . In footings of business, bulk of the respondents were unemployed ( 28 % ) . Majority of female respondents were housewife ( 21.5 % ) . Employment position of the respondents was seen to be more ( 17 % ) in Imphal than in Chandel ( 7 % ) . Most of the respondents in Imphal comprise of unemployed ( 32 % ) , followed by those employed ( 17 % ) while in Chandel, homemaker ( 29 % ) and pupils ( 26 % ) constitute the majority of the respondents. With regard to faith, 71 % respondents in Imphal follow Hinduism, 25 % Meitei Sanamahi, 3 % Christianity and 1 % other faith. As compared to this, all the respondents in Chandel follow Christianity.Findingss:Cognition: From the survey, it was found that except for one respondent from Chandel, all the other respondents in both the survey countries have heard of AIDS. On farther question about what AIDS disease was, bulk of them could non give correct reply. Merely 5 % respondents in Imphal and 6 % respondents in Chandel gave right reply to this. Male respondents ( 8 % ) were somewhat knowing about what AIDS disease was than female respondents ( 3 % ) . With regard to the inquiry on what is HIV? 17 % respondents in Imphal gave right reply as against 22 % right reply in Chandel. Gender wise, the figure of male respondents ( 32 % ) with right response was extremely important ( p & lt ; 0.000 ) than female respondents ( 7 % ) . 57 % respondents from Imphal and 47 % respondents in Chandel knew about the difference between HIV and AIDS. A important difference ( p & lt ; 0.001 ) was observed between the two genders as male respondents ( 65 % ) who gave right response was significantly higher than female respondents ( 39 % ) . Sing the etiology of HIV/AIDS, bulk of the respondents from both the countries i.e. 69.5 % were knowing about the causative agent for HIV. The staying figure of respondents had misconceptions. A important difference of P & lt ; .020 and ( P & lt ; .006 ) was observed in Imphal and Chandel severally in this facet. Sing the manner of HIV/AIDS transmittal, bulk of the respondents i.e. & gt ; 90 % from Imphal and Chandel had right cognition about it when it concerns agitating custodies, infected blood transfusion, sharing towels, unprotected sex, coughing/sneezing, and sharing septic acerate leaf. & gt ; 75 % had right cognition on mosquito bite, kissing/hugging, and infected female parent to child. A important difference of P & lt ; 0.022 was noted in Imphal with regard to sharing of towels while in Chandel, a important difference of P & lt ; 0.001, P & lt ; 0.005, P & lt ; 0.001 was observed with regard to mosquito bite, sharing of towels, and kissing/hugging severally. The response on the cognition of common symptoms of HIV/AIDS was met with 93 % and 87 % respondents mentioning weight loss and loss of complexion/appetite as the most common symptoms severally of PLHAs. Respondents besides considered fever/cough ( 79 % ) , diarrhoea ( 74.5 % ) , OI like T.B/cancer ( 74 % ) , roseola on the tegument ( 73 % ) and swelling in inguens ( 71 % ) in falling orders as other symptoms of PLHAs. On the beginnings of information on HIV/AIDS, bulk of the respondents i.e. & gt ; 90 % from Imphal country have mass media like Television ( local channel ) , wireless, newspaper ; street dramas, as their chief beginning. Another, 72-88 % reported NGOs ‘ , and a negligible 18-4 % reported church as their chief beginnings of information. No important difference was observed in imphal. In contrast, Chandel reported high per centum i.e. a†°?84 % of respondents acquiring information from church, and NGOs. A important difference of response i.e P & lt ; 0.037, P & lt ; 0.002, P & lt ; 0.001 and p & lt ; 0.013 in the beginnings of information was noted in wireless, telecasting, newspaper and NGOs.Attitude:The survey found that bulk of the respondents from both the survey countries i.e. 53.3 % were strongly in favour of the attitudinal statements that HIV/AIDS is a penalty of God for bad behaviour. A important difference ( p & lt ; 0.012 ) was observed in Chandel as female respon dents ( 68 % ) were extremely in favour of the statement than their male opposite numbers ( 42 % ) . 83.5 % and 91.5 % respondents besides considered HIV/AIDS as a job chiefly associated with immoral behaviour and shooting drug users ( IDU ) severally. No important difference was observed in the above statements. Respondents ( 71.5 % ) besides opine that PLHA should non acquire married. A important difference P & lt ; 0.005 was observed in chandel with regard to this response. A humongous 94.5 % besides expressed their concern for compulsory HIV proving prior to marriage while 85 % respondents voiced the demand for separate wellness Centre for PLHAs. 46.5 % respondents said PLHAs should be isolated to forestall farther transmittal while 46 % respondents said they would non wish to mix with PLHAs. A important difference of P & lt ; 0.047 and 0.002 severally was noted in the above statements in chandel. 67.5 % respondents besides said they would experience ashamed if they were infected with HIV/AIDS and 39.5 % respondents agreed that PLHAs should non be operated for any surgical job. A important difference with regard to these statements was seen at P & lt ; 0.023 and p & lt ; 0.002 severally among male and female respondents of chandel. As respects to pre-marital sex, merely mere 16 % respondents had no issue while the bulks were non in favour of it. There was a important difference of P & lt ; 0.040 in the response among male and female respondents in chandel. 76.5 % respondents strongly believed that PLHAs are destined to decease Oklahoman or subsequently. No important difference was observed in both the two survey sites. However, when it comes to learning school kids about safer sex, whacking 96.5 % respondents agreed to it with no important difference seen in the response in both the two survey country. Sing corporate duty of the society to care for PLHAs, 84 % respondents were in favour of it. However, a important difference of P & lt ; 0.006 was noted merely in respondents of chandel. Behaviors and Practices: The general mean age for the oncoming of sex was 23.37A ±5.73. However, it was noted that respondents in Chandel ( 20.21A ±4.08 ) had earlier onset of sexual intercourse than those in Imphal ( 27.36A ±4.99 ) . Out of 200 respondents, a sum of 113 respondents responded to this inquiry of age at first sexual brush. Education was found to be straight relative to the oncoming of sex. Less educated respondents had earlier onset of sex than those educated 1s. The mean for age at matrimony was 25.51A ±5.64 and instruction was found to hold some influence on the age of matrimony every bit good. Less educated respondents marry earlier than those educated 1s. A important difference was observed in the age of matrimony among female respondents from Chandel as the induction of matrimony begins every bit early as the age of 14 ( 20.42A ±41 ) . From the analysis, it was found that few or more respondents were found to hold hazardous behaviour susceptible to HIV infection. 7.5 % respondents admitted holding been exposed to blood transfusion for assorted medical jobs. 41 % said their organic structures have been injured by crisp objects such as blade/knife. The response to the latter statement was favourably high in chandel & gt ; 53 % . However, no important difference was observed. Negligible male respondents i.e. 3.5 % revealed to hold used opprobrious drugs such as intoxicant, diacetylmorphine, drugs, etc. No female was found utilizing opprobrious drugs. 62 % admitted being physically involved with their spouse i.e. either with partner of non-regular sexual spouse. Here, a important difference of P & lt ; 0.002 was observed in imphal with more male acknowledging to it. Another 10.5 % consisting largely of male respondents were found to be indulging in sex with non-regular spouse. A important difference of P & lt ; 0.018 in imphal and P & lt ; 0.001 in chandel was observed. With regard to utilize of rubber in sex either with regular ( partner ) or non-regular sexual spouses, 18.5 % respondents said they used it systematically. In chandel, a important difference of P & lt ; 0.004 was noted with male respondents utilizing rubber in sex. 17 % respondents of the married twosome used household planning of any signifier. 40.5 % respondents consisting largely of male respondents said they have attended awareness camps/programmes on HIV/AIDS. A important difference of P & lt ; 0.014 and p & lt ; 0.011 in imphal and chandel severally, was observed. It was besides noted that 34 % respondents had done HIV proving at least one time in their life. Another 39 % respondents showed their willingness to travel for HIV proving if necessary. More male respondents were seen to demo willingness to travel for HIV proving. A important difference was observed in both the survey countries i.e. P & lt ; 0.007 in chandel and P & lt ; 0.035 in chandel. Another 28 % respondents said they would delegate specific utensils if anyone in their household was infected with the virus. No important difference was seen here. 16 % respondents besides admit that people do insult/tease people with the virus. A important difference of P & lt ; 0.001 was observed as really less female respondents in chandel admit to PLHAs being teased/insulted. Another 50.5 % besides said spiritual places are usually denied to PLHAs which is considered baronial place. The response from female respondents was more and a really high important difference of P & lt ; 0.000 was observed between the two genders in chandel.Discussion:The present survey revealed that though all the respondents heard about AIDS, many of them did non cognize what AIDS precisely was. For most respondents, AIDS was normally synonymous with sexual promiscuousness, immoral behaviour and shooting drug users. This belief was chiefly propounded by the fact that most PLHAs † in the survey cou ntries were believed to be associated with at least one of the above characters. Similar findings were reported by Viser MJ et.al, 2006 ; Smith DJ. 2004. When it comes to HIV, really few respondents had right cognition about it despite the fact that AIDS has become a ‘dining table talk ‘ . Out of the few respondents that have right cognition on HIV, male respondents were more. This may be due to the fact that the overall educational position of male respondents was somewhat higher than their female opposite numbers. The other ground could be because male members of the society are more outgoing, hence are more updated about their societal environment through media beginnings like newspaper and magazines. Majority of the respondents besides could non province the difference between HIV and AIDS. It was interesting to observe that some respondents had wholly different impression approximately HIV as a separate disease non related to AIDS at all. Many of them were still incognizant of the term HIV when used in isolation from AIDS. It was found that HIV and AIDS were frequently times used together without truly understanding the difference between the two. Respondents from Imphal were found to hold somewhat better cognition about HIV than respondents from Chandel. This could be due to the fact that unlike respondents from Imphal, respondents in Chandel had less or no entree to media such as newspapers, local channel, and street dramas, etc whereby HIV/AIDS instruction is given out at regular intervals. Sing the manner of HIV/AIDS transmittal, bulk of the respondents had right cognition about it particularly refering to the four primary manner of transmittal i.e. through insecure sexual contact, blood transfusion, sharing septic syringe and female parent to child transmittal. However, few respondents had misconceptions when it comes to transmission through mosquito bite, agitating custodies, sharing towel, coughing or sneeze, and kissing/hugging. These misconceptions is chiefly to make with the false beliefs that HIV/AIDS is transmitted through any blood merchandise and organic structure fluids ( workout suits ) and as such anything that makes direct contact with the blood as in the instance of mosquito or organic structure fluid is considered hazardous. Therefore, there is pressing necessity to sensitise decently the general population about the right manner of HIV/AIDS transmittal. Similar findings in the line of deficiency of proper sensitization/education on HIV/AIDS taking to m isconceptions, was besides reported by Hartwig K.A et.al 2006. As was observed in the analysis, many of the respondents from chandel particularly female respondents tend to trust on information obtained from local chitchats, which are frequently times marred by hyperboles and misconceptions responsible for stigmatisation and favoritism of PLHAs and the disease HIV/AIDS. The misconceptions refering to HIV/AIDS was closely related to the ways through which information about the disease is obtained. Respondents from Imphal had mass media like local channel ( T.V ) , and newspaper, etc as their chief beginning of information whereby HIV/AIDS instruction is given out by dependable beginnings whereas, in Chandel, media function was negligible. This could be explained on the footing of unavailability to local channel ( T.V ) and newspaper. In Chandel where cent per centum of the respondents are Christians, church act as one of the major beginnings for distributing information/knowledge on HIV/AIDS. It was found during participant observation that non all church leaders were decently trained nor good equipped with information on HIV/AIDS yet many of the church leaders did non waver to reprobate HIV/AIDS as a shameful, ugly and fatal disease fated to bechance upon promiscuous and immoral individual in the society. So, church members were encouraged to patter n abstention from sex boulder clay matrimony and be in sync with the scriptural moral rule so as to avoid HIV/AIDS disease. This could be one of the grounds why stigmatisation of PLHAs was more terrible in Chandel than in imphal. It is besides interesting to observe that female members of the society in both the survey country were found to be ‘social witting ‘ i.e. what society thinks and were more prone to take part in and trust on local chitchats which is largely influenced by ‘socio-cultural feelings ‘ than medical truth. Therefore, it is non surprising that more figure of female respondents had scruples on HIV/AIDS and stigmatisation towards PLHAs. Another interesting thing to note was in the manner how people perceived PLHAs. Knowledge on the symptoms of HIV/AIDS patients revealed that many of the respondents considered loss of weight and skin color, organic structure roseola, etc as the major symptoms of HIV/AIDS. This cognition purportedly comes from the cultural belief that most PLHAs in the survey country physically exhibit such symptoms. However, lost of weight and skin color is non medically sole to PLHAs and as such, if non decently sensitized on this, it will take to the incorrect premise that anybody with weight lost or skin color who may non needfully be infected with HIV/AIDS have a strong potency, if non already, to be stereotyped and marginalized as PLHAs † . Data besides shows that a monolithic figure of respondents still see HIV/AIDS as immoral disease or diseases of shooting drug users. A big figure of respondents from chandel besides considered HIV/AIDS as penalty of God for ‘bad ‘ behaviour. This belief as analyzed was chiefly influenced by which HIV/AIDS is transmitted i.e. through insecure sex and sharing of septic panpipes. It may be mentioned here that sexual promiscuousness and shooting drug users are culturally viewed in the society as ‘fallen ‘ or ‘immoral ‘ individual in both the survey country and as such, anybody practising any of the said behaviour are by and large considered immoral and therefore, stigmatized. This could be one of the chief grounds why HIV/AIDS is extremely stigmatized since it is believed to be largely associated with people of low morality or whose moral characters are questionable in the society. Notwithstanding the fact that many guiltless female PLHAs may acquire i nfected through their partner or some could hold been infected through inadvertent blood transfusion, PLHAs are by and large regarded as ‘wayward ‘ in the eyes of the society and as such, are stigmatized. The other grounds stated for HIV/AIDS being considered as the most stigmatized disease is besides because of the nature in which PLHAs, at an advanced phase of the disease, died an ugly decease, physically looking awfully haggard with skeletal like build and complete loss of one ‘s natural skin color and medically, from multiple timeserving infections. However, the physical perceptual experience may non ever be true for all PLHAs. Another noteworthy observation made in both the society was refering to the prevalence of gender disparity when it comes to morality and promiscuousness. Culturally, sexual promiscuousness and ‘immoral behaviour ‘ such as drug and intoxicant maltreatment, or waywardness are tabooed yet society tends to be more tolerant towards male members than female. It is an unfastened secret for male members in the society to be accepted more readily than female despite go againsting unsanctioned societal norms. This explains why many of the female respondents expressed that they would experience abashed if infected with HIV/AIDS, a disease symbolic of immoral behaviour. This determination is in conformance with the findings of Smith DJ, 2004. A disagreement between cognition and behavior/practice of the people towards PLHA was besides observed. Though most respondents demuring few were cognizant about the primary manner of HIV/AIDS transmittal, they admitted to hold maintained some distance or reserve in mixing with PLHAs despite cognizing good that making so will in no manner put them at hazards. Gray LA and Marle S, 1991 reported similar observations. This could likely be a instance of utmost cultural stigmatisation of PLHAs in general whereby common people fear the stigma of being stereotyped by tie ining with PLHAs. Respondents besides expressed the feeling that PLHAs should hold separate wellness Centre on the land that it will be safer for both the infected and non-infected population as they could non swear the instruments of wellness attention Centre to be to the full safe from HIV infection. Majority of the respondents besides viewed that PLHAs should neither acquire married nor have kids as making so will merely increased the figure of PLHAs who in all chance will merely populate to endure and died a agonizing decease. However, few people were of the position that every bit long as PLHAs marry amongst themselves, that should non be a job. Since HIV/AIDS is a extremely stigmatized disease ; bulk of the respondents expressed the demand for mandatory HIV proving between twosomes prior to marriage so as to avoid a day of reckoning hereafter as was put in by many respondents. This is because of the belief that HIV/AIDS is a catching and an incurable disease which when infected will invalid and shorten the life span of the individual concern. As one respondent said â€Å" one time you get infected with HIV/AIDS, it is for supports and you can non run off from it instead you ‘ll decease with and by it † . The stigmatisation towards PLHAs is besides revealed in that the general populations tend to hold negatively preconceived impression about anyone infected with HIV/AIDS even if that individual happens to be morally well behaved. Despite holding negative perceptual experiences about HIV/AIDS, when it comes to corporate duty of the people towards PLHAs, bulk of the respondents from both the countries expressed their sense of taking duty to care for PLHAs. However, the cogency of this statement may non defy societal stigma as disagreement between cognition and pattern has been discussed in old statements. One of the grounds for having such duty could be due to the humanist side of adult male underlining other negative feelings. The humane nature is highlighted farther when the respondents said PLHAs should seek medical aid at the earliest with a cautiousness that all patients seeking surgery should be exhaustively tested for HIV/AIDS. Prenuptial or extra-marital sex was non favored by many and more so in Imphal. Respondents in Imphal were somewhat more reserved about sex than those from Chandel. In Imphal country, prenuptial and adulterous sex was seen more as societal tabu while in Chandel it was more to make with the misdemeanor of scriptural moral rule besides it being considered socio-cultural tabu as good. Few respondents largely male, had impersonal position on this, stating it was a affair of personal pick. It may besides be mentioned here that by and large people have reserves about discoursing sex and gender in the unfastened or in public because of the cultural upbringing whereby treatment of sex or gender is confined to or between married twosome. A survey by Goyal RC, et al 1994 ; Hartwig KA et.al, 2006 besides reported similar findings on the reserve of openly discoursing sex and gender. Another interesting characteristic noted in this survey was the induction of sex for both male and female and the age at matrimony. The overall average age for the induction of sex was 23.37A ±5.73 old ages. The overall average age at matrimony observed in the survey was 23.04A ±5.22 and 28.65A ±4.52 old ages for both female and male severally. The average age at matrimony in the survey site was found to be above the legal age at matrimony in India which is 18 for female and 20 one for male. Here, instruction is seen to play an of import function in detaining induction of sex and age at matrimony. A important difference was observed in the age at matrimony among female respondents from Chandel where the induction of matrimony begins every bit early as the age of 14 ( average 20.42A ±4.1 old ages ) . This may be because female respondents largely in-between age in Chandel had small or no instruction at all. Besides instruction, cultural upbringing is besides seen to hold indir ect impact on the age at matrimony. The patriarchal construction of the society in both the survey country is such that male members of the household are given penchants over female in any affairs as it is through male line that coevals of the household is continued. Analysis of sexual behaviour and patterns besides revealed that most of the respondents who do non see themselves at being hazard to HIV infection were in fact, practising hazardous sexual behaviour. Quite a figure of respondents admitted practising insecure sex within and outside matrimony. Though, sexual relation outside matrimony is a socio-cultural tabu, yet it is non purely upheld. Theoretically and culturally, bulk of respondents were non in favour of sexual relation outside of matrimony. However, during the survey, it was found that such cultural apprehension of sexual tabu did non truly forestall some of them from indulging into it as was admitted by few respondents. The sexual behaviors/practices of male respondents were at higher hazard for HIV infection than female respondents. This could be due to the prevalence of gender disparity in the societal set up whereby society is more tolerant towards male promiscuousness and immoral behaviour than that of female. As such, femal e respondents from both the country were more reserved for the obvious fright of shame and incurring stigma. Therefore, none of the female respondents from Imphal admitted to hold indulged in extra-marital matter while in Chandel, a negligible figure of them reluctantly admitted indulging to it after initial equivocation. Male respondents were relatively found to be more blunt and unfastened about their indulgence in sexual relationships in and outside of matrimony. For those respondents who admitted to hold engaged in ‘tabooed ‘ sexual relation, really less figure of them admitted utilizing rubber systematically. Here, it may be noted that despite many of them accepting rubber as a good option for safer sex, it is non being used systematically on the land that rubbers do non give full sexual satisfaction. The ground given to explicate was that culturally ; rubber is stigmatized and is considered meant for sexually promiscuous people. Condoms are besides believed to hold inauspicious consequence on adult females wellness and as such usage of it, in most cases is sooner ruled out. In instance of married twosome, usage of rubber is considered non a necessity as the socio-cultural significance of matrimony is for the intent of reproduction and sexual fulfilment. Therefore, usage of rubber is merely taken as blockading the really intent of matrimony. This is one of the grounds why some respondents who admitted of fall backing to househol d planning preferable preventive pills. A survey carried out in rural Lebanon by Kulczycki A, 2004, reported similar findings on the usage of rubber and the stigma attached to it. It was besides observed that some of the participants had undergone blood transfusion for either medical or surgical grounds, increasing the opportunities of HIV transmittal. Many respondents were willing to accept PLHAs and even take duty for them but this is contradicted by the admittance that they would non needfully desire PLHAs to be neither a resource individual for any socio-religious event nor a spiritual figure in the society because harmonizing to the local people, a spiritual figure should be person whose moral character does non offend the normative moral Torahs of the society whereas in the instance of PLHAs, their moral character is ever questioned and as such can non keep a spiritual place unless the individual in inquiry unfeignedly repents and take a repentant, reform life. Decision: From the analysis of the present survey, it can be concluded that false socio-cultural impression of HIV/AIDS as a morally corrupting disease is taking precedency over medical facts, taking later to stigmatisation and favoritism of PLHAs in the society. The survey revealed that although bulk of the respondents have high cognition about the four primary manner of HIV/AIDS transmittal, such cognition are frequently times marred by socio-cultural misconceptions. It can besides be inferred that behaviour of the people are greatly influenced by cultural beliefs instead than by medical facts. Therefore, incompatibility is observed between high cognition about the four primary paths by which HIV/AIDS is transmitted on one manus and high negative attitude towards PLHAs on the other manus. Local chitchats which are largely diluted with cultural misconceptions act as the fastest medium for the extension of intelligence on HIV/AIDS. Church elders/leaders particularly in chandel have s trong influenced on people ‘s attitude towards PLHAs. This could be one of the grounds why despite attempts from NGOs to educate people on HIV/AIDS, the disease is fast distributing in the survey country. Therefore, proper sensitisation of the people about HIV/AIDS along the socio-cultural line is the demand of the hr in order to take several misconceptions which are responsible for the marginalisation of PLHAs. It is besides suggested that spiritual leaders should be given particular attending when sing of leaving proper instruction on HIV/AIDS in order that their influence on people may chase away cultural misconceptions taking to stigmatisation of HIV/AIDS. The survey besides may reason that stigmatisation of the disease was one of the root causes for the spread of HIV/AIDS in the country as fright of societal stigma and shame have discouraged many PLHAs to come out in the unfastened about their position thereby jeopardizing others in the procedure as such PLHAs continued to take a normal sexual life.Recognition:This research is financed by UGC under the strategy of Rajiv Gandhi National Fellowship for ST/SC pupils to prosecute M.Phil/Ph.DaˆÂ ¦aˆÂ ¦aˆÂ ¦aˆÂ ¦aË †Â ¦aˆÂ ¦..

The Best Alaskan Salmon in Ohio

The Best Alaskan Salmon in Ohio David Johnson DeVry University The Best Alaskan Salmon in Ohio If I said it was possible to have fresh, never frozen, Alaskan salmon delivered anywhere in the United States within two days of the fish being caught, people might call me crazy. I know I would but that is exactly what I found being advertised when I began searching for online retailers of Alaskan salmon. I have been enjoying salmon for a long time and living in central Ohio has forced me to try many avenues for the best salmon I could find.My choices were often limited to whatever stock of salmon was available at local retail locations that were often previously frozen. What I needed was a service that offered me a wide variety of wild, fresh salmon and Great-Alaska-Seafood exceeded my expectations with the best tasting salmon I have ever had. The first thing I look for when I buy salmon is quality and to me that means wild-caught, not farm raised salmon. The problem here is the vast majo rity of salmon sold in stores is sold as being â€Å"wild† from the Atlantic Ocean but this is not completely true.The trick here is fisheries are allowed to market their salmon as â€Å"wild† as long as the fish is allowed to swim in the Atlantic Ocean. However, they are still being fed processed food pellets. The main difference between wild and farm raised is their diet, which affects the overall quality of the fish. There are even health considerations that should be taken if farm raised fish is frequently consumed. Wild salmon from Alaska are considered by many as the best source of quality salmon available.Since this fishery was based out of Alaska I had some confidence I would be paying for the best salmon out there and they delivered on their promise. The freshness of the fish was also a big concern when I began to entertain the idea of making an order for salmon online. Locally I am often left to pick from Alaskan salmon filets that were previously frozen for transportation to Ohio, on the other hand, the first thing I noticed was this company offered free overnight shipping with a minimum purchase that was in my price range. This almost seemed too good to be true.Amongst many other online retailers I could not find a single competitor offering this service. With their service offering free overnight shipping with special packaging that involves dry-ice, I was able to purchase a fresh, never frozen, salmon. When I received my first order I was almost stunned that I could have an Alaskan salmon, just caught a day or two before, delivered to my door. This exceeded my expectations largely because I would have never thought it was possible. As much as I love salmon, everything must be taken in moderation. Eating the exact same type of salmon every week might get boring fast.So, I also needed a good amount of variety available to purchase amongst the different salmon species native to Alaska. The main types between salmon are â€Å"whiteâ₠¬  and â€Å"red† flesh and they taste distinctly different. When parlayed with the different locations and diets of the Alaskan salmon species, this allows for a lot of different ways to prepare and cook the fish. This is very important to me and I was very happy to see this company offered 8 different species of salmon. To add even more variety the company offers over 10 different smoking methods that add incredible flavor to the fish.All of which I have tried and taste phenomenal, including a variety of other seafood items they sell ranging from colossal crab legs to prawns that weigh one pound each. When I began my search for a new source of salmon I figured I would not have much luck living in Ohio. What I found was a company offering one of the best online services I have ever seen. The free overnight shipping plus the large variety of fresh salmon was exactly what I was looking for. I did a vast amount of research on multiple retailers that sell salmon and other seafo od online and what I found is, for us salmon lovers far from the ocean, this is best option available.

Corporate Personality Essay Example

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

buy custom Health Administrators Role in Healthcare Tort Reform essay

buy custom Health Administrators Role in Healthcare Tort Reform essay Abstract The Obama healthcare plan is expected to occasion far-reaching effects on healthcare practice in the United States. Tort reform within the American healthcare context is perceived as the important missing link to a sound healthcare system that would replace the current order, which is deemed expensive due to the high incidence of litigation-based challenges. Health administrators have different approaches by which they could adjust the envisioned structure particularly with regard to reforms in the medical tort system. This study explores the different opinions and suggestions that have been projected towards the role of health administrators in healthcare Tort Reform. Generally, the suggestions extracted out of the different perspectives are centered on two factors. One is the retention and reinvention of the element of defensive medicine within the framework of reform. The second is the creation of structural systems that would necessitate a review of the tort system in a manner th at would be consistent of the new healthcare operational climate. Changing operational environment The operational environment of health care management in the United States is set to undergo significant changes following the advent of reforms occasioned by Obamas health care plan. The system of medical administration before the Obama bill was perceived to be socially biased against the poor and the unemployed. From the perspective of medics, the structural design of the system was or is fraught with litigation challenges that slow down levels of efficiency in health care administration. Studies have indicated that the insurance dynamics under the old system were largely conditioned by the economic pressures on the market, (Studdert, Mello, Brennan, 2004). The flux nature of the American economic environment often meant that insurance policies would increase at unpredictable levels that in turn brought about significant financial challenges for companies, individuals, and medical administrators. There have been arguments that the new dispensation would go alongside tort reforms given the centrality of litigations as a factor that allegedly drives up the cost of medication. The bigger picture of this operational paradigm was that medical administrations were largely determined by forces beyond the needs of the patients and the professionalism of service providers (Rubin, Joanna, 2007). The envisioned plan, which is supposed to roll out in the next ten years, aims at providing insurance cover for 32 million more Americans who were previously uninsured. Another factor that might determine the effect of this bill on medical administration is that 16 million more Americans will be placed under the government sponsored Medicaid insurance pr ogram (Clinton Obama, 2006). A wide range of scholarly concerns has been brought to bear on the exact dimension of the health care plan on the usual element of litigation in the American health systems. In the old order of medical administration, studies have offered that medical administrators tended to spend significant money and resources in fending off torts occasioned by technical mishaps that were clustered under the concept of professional malpractice (Donald, 2005). Two different opinions have been offered on the future scenario in the field with regard to the element of litigation. The first school of thought suggested by some studies argues that there is a possibility of increased volume of litigations logically drawing from the significantly increased level of clientele. The second school of thought argued that the current levels of litigations would experience marked decrease because the health reforms will abolish the limits under which the medical administrators have strained to operate. This second opinion is largely derived from the fact that the current challenges facing the American health care system is a result of the structural deficits that impede the potential of medical administrators in their effort to provide quality and affordable health care. Litigation has become a central factor in the United States medical system in the sense that it is one of the major factors that doctors look for in the designing of their methodologies (Arlen MacLeod, 2005). The need for new litigation structures There have projections that part of the implementation of these health care reforms will bring into effect the need for the restructuring of the landscape of the legal frameworks that have supported the current levels of litigations within the sector, (Arlen Macleod, 2005). Within the concept of this second consideration, it is expected that there shall be more money to undertake research in the medical field as focus significantly shift from litigation expenses to the provision of quality services. The old order has been that more money, which should have been expended on the pursuit of quality research, was mostly utilized in litigation matters (Jonathan, 2000).Besides, the government under the new plan has projected to undertake increased spending on research and incentives for the medics. This would, in the long run, guarantee quality healthcare to the American public and consequently lower the factor of litigation. The provision of inappropriate medical care under the structures of defensive medicine has been encouraged by the increased dependency on structures outside the medical fraternity to provide medical care for the majority of Americans, (Dubay, Kaestne, Waidmann, 2001). Redeeming the American health care system from the vicissitudes of the economy and litigations will herald a new climate under which medical firms will have the effect of stabilizing the environment in a manner conducive for the provision of professional services to a greater number of Americans. The bill, according to some studies was premised on the ideal of social justice for Americans regardless of their social and economic backgrounds. A broader assessment of these changes is to be observed from the heightened levels of medication that will necessarily follow the successful implementation of this plan. Precisely, there has been continuing debate regarding the possible methodologies that medical practitioners may a dopt for the purposes of shielding themselves from all possible litigations. The envisioned changes in the insurance fraternity are aimed at overhauling the pyramid of service that has traditionally concentrated its focus in limited segments that have been determined by the health status of the clients and their financial stability (Zuckerman, Bovbjerg, Sloan, 1990). This overhaul of the insurance fraternity must ultimately touch off a series of structural adjustment policies in medical administration in order to adjust in the redesigned operational environments. Targeted segments for reform Some of the areas that are likely to be affected include costs of medication, quality of medication, preventive and curative medical services. According to some studies, medical practitioners will approach their services and duties with an aspect of confidence than in past cases in which the clients insurance status was the sole determinant of the kind of treatment that patients would obtain from medics. The overarching goal of the Obama health plan is to put every American under the insurance umbrella. The second goal is to broaden the kind of policies offered by Insurance companies so that there is a wider choice from which the citizenry might choose from, depending on their respective health needs. This will make it possible for the medical administration to adopt policies that are precisely need-oriented rather than cost oriented like it has been practiced in the past (Currie, MacLeod, 2008). Consequently, a need-oriented approach to medical administration will yield more positive impacts on the nationwidehealth status than the prevailing system that locks out needy cases on reasons of costs. It might be argued, as a consequence, that the various kinds of administration approaches would have the overall effect of improving the quality of medical services in the American system. Litigants will seek to ascertain the professional quality of the services they receive so that they seek redress at the most appropriate levels. The Obama plan has expanded the field of engagement between insurance companies and the medical field in a manner that will increase the possibilities of policies for subscription by the American citizens. On the positive side, some scholars have argued that there will be an increased element of honesty as compared to the old system of insurance. This argument is predicated on the fact that doctors in the United States have tended to work within the scope of the insurance policies. The services rendered to patients have, in most cases been tailored in a way that reflects the specifics of the policies subscribed to by the patient. This old trend has often meant that doctors have been hesitant to prescribe or administer tests and treatment that are not within the confines of the policy (Sloan, Shadle, 2009). It is for these reasons that surveys have ascribed the increased rates of professional misconduct among medical practitioners. For instance, there have been reports of medics who prescribed cancer scans for the simple reasons that insurance firms would readily accept them conducted on their patients. The medical operational environment has, therefore, reflected strong symptoms of deterministic methodologies in which the field is defined by the insurance landscape. Researchers have illustrated that levels of efficiency in medical administrative are more positive in fields where the needs for medical care by the administrators determine the kind of insurance s chemes and policies, rather than the other way round as it has often happened in the United States, (Studdert, Yang, Mello, 2004). Scholarly observations that have been projected towards the future scenario for medical practitioners point to the general assessment that the free market systems of medical administration will eventually be replaced by a public funded systems that carry significantly higher safeguards for the health of Americans that in the old order. Surveys in heath care administration have suggested that public funded systems and government regulated medical care systems are relatively more efficient and safer that those largely controlled by the free market dynamics. From this perspective, it has been observed that new health care administration is more human centered that the kind of health care administration that currently exists on the market. The Obama Health Care plan is largely aimed towards the objective of increasing the pool of Americans under insurance. Precisely the plan intends to put all American citizens under the insurance schemes. These health care reforms will provide sufficient safeguards for more Americans to receive higher quality services while enjoying the financial cushioning from a consolidated fund of upfront insurance. Some of the dimensions on which these reforms have been anchored have had to do with the previous challenges that have dominated the US health care administration systems. Studies have shown that the previous systems were increasingly marred by defensive medicine, higher mortality rates, and low incentives for the medical practitioners (Studdert, Yang, Mello, 2004). The systems projected under the new design are largely anchored on the need for a increasing the level of administration of health care administration of Americans regardless of their financial status and the state of their health. There has been a strong element in the insurance regime of the United States where the providers largely sought to move into perceived safer regions. The system was such that the beneficiaries of the health care systems were largely those in the higher brackets of income. Others more targeted were those whose status of health was generally stable and sound. The insurance firms had manifested a marked trend of minimizing the sale of their policies from the perceived high risk sectors of the population such that those who were not permanently employed and those who suffered from chronic of life threatening health complications. On the other hand, studies have found out that these two categories were the ones increasingly under the threat of poor health care services. This is because they were more prone to health challenges that those in the high income status or those with stable status of heath (Danzon, 1984).The heath care program was therefore designed in a manner that would capture these two largely ignored areas of the population. The implication of this is that a new operational environment has emerged in which the health car e practitioners will have to adjust their trends and approaches in the administration of healthy care for these new categories of Americans. Taken together these changes are also expected to bring about far-reaching implications on the status of medical torts that would be experienced. The reason behind a possible change of scenario is the increasing possibility of that more Americans will have sufficient room to seek legal redress in cases where they will fell that their medical rights have been flouted (Arlen, MacLeod, 2005). Logically, an expanded catchment area for the healthcare practitioners will also mean an expanded rate of legal challenges in the field of health care administration. The increased percentage of lawsuits is expected to bring about higher cost implications on the part of health car organizations in a manner that might determine their levels of sustainability, profitability, and proficiency. Studies have observed that the Obama bill is more focused on the welfare of the citizenry at the expense of the health care organizations. In fact most of the criticism that have been brought to bare on the heal th care plan have been centered on the fact that the new systems does not provide the necessary impetus for the health care practitioners to seek new ways or reaching out to the American people. The incentives provided for the medical practitioners, according to these analysts are piecemeal and not sufficient to guarantee increased investment into the sector. In essence, medical administrators will seek out new ways to cushion themselves from the possible adverse effects of the new health care regime. Most of the changes to be expected are likely to emanate from the dimension of costs. The sector will undergo significant changes in a way that would be informed by internal structural adjustment mechanisms for the sake of self-protection (Clinton, Obama, 2006). In essence, the same studies have predicted that medical practitioners will adopt new operational mechanisms that will be aimed towards minimizing the possibilities of torts within their systems. The Obama plan has increased the incentives for the insurance firms to venture into an expanded arena of operation with the express intention of capturing the diverse sectors that were previously ignored in the old system of health care administration. In this respect, there will be increased policies to guard a higher number of Americans against medical malpractice. The structures that support the new design are made in such a way that they lower the threshold of medical malpractice. Studies have shown that the level of torts to be instituted against the medical practitioners will witness a sharp rise owing from the various incentives, (Currie, MacLeod, 2008). Health care administrators will have to adopt new ways in which they will seek to upset the existing challenges by way of minimizing the specter of litigations. The expected scenario is one in which there will be more focus on areas that are relatively less prone to litigation risks in the field of health care administration. In this regard, more American medical health administrators are likely to adopt specific strategies that would shield them from the possibilities of attracting lawsuits. Defensive medicine is one of the strategies that have been used occasionally by medical practitioner to shield themselves from the possibilities of torts,(Currie, MacLeod, 2008). The trend has been an increased use of resources in a disproportionate manner to response to medical cases that would have been sufficiently handled through the utilization of lesser resources. In effect, such tendencies have been responsible for the perceived in-equilibrium in the balance of resources against the social factor in the provision of the medical administration in the United States. It is expected that there will be a likely surge in this areas given that the government will increase its budgetary allocations to shield the medical field in terms of resources. The scepter of defensive medicine is likely to shoot up in the emergent scenario because medical practitioners will endeavor by all convenient means possible to shield themselves from the possibilities of attracting lawsuits to themselves or their facilities. According to some studies, other responses that are likely to follow include increased levels of referrals for undeserving cases. Studies have indicated that medical private firms are likely to adopt more selective approaches through which they will avoid complicated cases that are deemed of higher risk. Health care administrators in the private field may tend to prefer to refer some cases to higher medical facilities particularly government sponsored ones in cases that they may perceive as potentially risky. This approach would reduce the element of r isk since they will have transferred the possibility of the risk to health facilities of higher jurisdiction. From yet another perspective, some studies have argued that medical practitioners are likely to design their services in such a way that they promote more preventive medicine than curative medicine. This, according to these studies, is likely to be a coordinated approach in the sense that insurance policies will equally promote preventive policies as a way of preempting the costs of medical care that might result from the likely increase in the number of applicants. (Currie, MacLeod, 2008). Studies have shown that the administration of preventive medicine is significantly cost-effective than curative health care. Similarly, preventive care is less likely to attract malpractice litigations than curative medical care. Medical administrators would therefore align their policies in favor of preventive policies as a long-term measure of safeguarding the systems against torts. The problem of staffing has also been a significant factor within the element of litigation. This challenge can b e perceived from the perspective that lack of sufficient qualified personnel throughout the United States has created a scenario where less qualified personnel have been charged with the provision of services (Dubay, Kaestne, Waidmann, 2001). The situation is likely to be worsened under the Obama plan because the available medical personnel may not easily accommodate the sudden upsurge of insured patients. The government plan to recruit more medical practitioners may not match the speed with which the new insured individuals will respond to their medical needs. The wider implication of this new structure would be the emergence of disequilibrium between the levels of individuals who require medical attention against the available number of trained medical personal to offer these services. The obvious short term and long-term interventionist measure would be to enlist the services of unqualified or less experienced medical practitioners to handle complicated cases that mat arise out of the scenario. The margin of error in medical malpractice Researchers have pointed out that this same level of disproportional has been to blame to the margins of error that have occurred within the old order. It is precisely these margins of error that result directly to increased levels of litigations. Critics have pointed out that the Obama plan may face implementation challenges because it lacks sufficient safeguards that would shield it against the challenges of implementation. The possibility of increased margin of error would cripple the systems, as the insurance firms for the medical administrators would not manage to handle the significantly higher costs to be involved in the litigations, (Studdert, Yang, Mello, 2004). In this case, the medical practitioners are likely to maintain their old tendency of spending more resources in shielding themselves from the possibility of lawsuits. To accommodate the pressure of work, the medics may equally revert to the old system of prescribing expensive medical treatment with the purpose of ra ising the threshold for litigation in any complicated cases that they face. This would mean that the system reverts to defensive medicine that has been blamed for the poor levels of service delivery in the US health care system. One other approach for medical administrators would be shifting towards areas that are deemed less risky (Zuckerman, Bovbjerg, Sloan, 1990). This is because of factors of discrepancies of remuneration and lack of back up insurance to cover them against torts. In this regard, there would result an imbalance of staffing in some critical areas that are deemed more risky. However, some scholars have argued that it is immaterial to bring on board the aspect of tort reform because it does not constitute a significant percentage of the costs of medical care in the United States. According to some studies, the actual statistics of torts are significantly lower than perceived impressions on the same. These studies have argued that the component of medical liability has remained constant even as the costs of medical care continue to move upwards. Alternative explanations have been sought to bear on the cost factors of healthcare. Some of the reasons of the rise in the cost of medical care have to do with technological factors and processes of social mobility (Studdert, Mello, Brennan, 2004). The first argument has been that the increasing technological sophistication in the field of medical practice has occasioned increased costs in terms of medical care. The technological devices that are enlisted into the field have a high operational and maintenance factor. The second reason that the United States being a rich nation will necessarily have higher costs of medical care than less stable countries. Studies have offered that the health care system of the United States is around 2 trillion dollars (Currie, MacLeod, 2008).On the other hand, the average tort claims per year are around 30 trillion dollars. This means that the percentage of the costs against the fiscal value of the system is around 1.5 percent. The impression created by this percentage is that the litigation factor in the US healthcare system is not significantly sufficient to determine the average costs of the system. Other studies have pointed out that the rate of litigations for professional misconduct has been on a downward trend from a variety of reasons (Arlen, MacLeod, 2005). One reason is that there increased defensive medicine has protected medical administrators from the possible adverse effects of these litigations. In conclusion, it would seem that a variety of dimensions is available for medical administrators to engage with the new health care dispensation brought about by the Obama health care plan. Medical administrators may choose to adopt methods that would increase the quality of services provided to the increased volume of insured beneficiaries. This could be achieved through the utilization of the financial incentives for the purposes of training and specialization in the areas perceived as prone to litigations. Another way is that medical administrators would maintain the old approach of defensive medicine, which of course would be cushioned within the increased levels of spending. Buy custom Health Administrators Role in Healthcare Tort Reform essay