Monday, January 20, 2020

Teams in the Workforce Essay -- Job Employment Working Essays

Teams in the Workforce Introduction The working environment in the United States and in many other countries is undergoing tremendous change. The global marketplace, international trade, and the Internet have brought about a new way of looking at business. Competition has risen to levels never before attained. In order for businesses to succeed in such a competitive market, they must change their organizational structures and the way they conduct their work processes. However, change is difficult. People are the heart of any organization and in order to change people, it takes time. Collaboration is one of the new constructs that will replace hierarchy as the new inter-relational model in the workplace. These new work teams have some advantages and some disadvantages. Teams that use collaboration in the true sense are the most effective. Core Values of Collaboration The seven core values that are vital to collaboration are consensus, trust, responsibility, ownership, respect, honor, and recognition. The collaborative work ethic is the foundation for the collaborative workplace. It is a set of beliefs that is based on the fact that people come first in the workplace. It is believed that people work best when they "own " their workplace culture and their objectives are in line with those of the organization. In his book Transforming the Way We Work, Edward Marshal discusses how teams use collaboration to succeed and keep businesses competitive in the new economy. He says, " Programs that focus on organizational effectiveness, empowerment, total quality, and or self-directed work teams have been a powerful new tool for change in some companies, In most instances, however, the underlying values by which these organizatio... ...s performance results in accomplishments that serve public needs. To do this public managers must take entrepreneurial risks (Levin and Sanger, 1994). Societies and economics are changing so rapidly that it is increasingly defficult to respond to public needs. Effective public managers must continually attempt to interpret those needs and rapidly design creative responses." Bibliography Cohen, Steven, The New Effective Public Manager, Jossey-Bass Publishers, San Francisco, 1995. Greenberg, Jerald, Managing Behavior in Organizations, Prentice Hall, Upper Saddle River, New Jersey, 1999. Lee, Albert, Call Me Roger, Contemporary Books, New York, 1988. Marshall, Edward, Transforming the Way We Work, American Management Association, New York, 1995. Whetten, David and Kim Cameron, Developing Management Skills, Addison Longman, Inc., New York, 1998.

Sunday, January 12, 2020

Culture, Ethnicity, and Health Care Practices Essay

1. Identify two religious or spiritual practices in which members of the Evans Family may engage for treating hypertension, diabetes, and mental illness. In the text, the Evan’s family is introduced as an African-American family, and members of the Baptist church. Members of this family have been diagnosed with hypertension, diabetes, and mental illness, diseases that the family may attempt to treat through religious of spiritual practices. Daily prayer may be a spiritual/religious practice used by the Evans family to treat the mentioned health conditions. â€Å"African-Americans consider themselves spiritual beings, and sickness is viewed as a separation between God and man† (Purnell, 2003, p. 49). In an attempt to get closer to God, daily prayer would be viewed as a positive aspect to accomplish this, lessen the separation between themselves and God, to improve or abolish the sicknesses. God is viewed as the â€Å"supreme healer†, and the Evans family may also be asking God through prayer for healing to improve the illnesses, and restore their health. Another spiritual practice which may be employed by the Evans family to treat the hypertension, diabetes, and mental illness which they are experiencing involves the laying on of hands. African Americans may hold the belief that diseases can be cured when a person of faith gifted with special healing powers touches the afflicted person. This touch is usually accompanied by prayer. Sometimes, it is believed that â€Å"†¦the laying on of hands is thought to free the person from all suffering and pain, and people who still experience pain are considered to have little faith† (Purnell, 2003, p. 50). It is important that the health care provider be aware of these spiritual practices, their potential effect on the health care plan, to provide culturally competent care. 2. Name two dietary health risks for African Americans. Typical diets for African Americans can reflect the regional cuisine, but there are some foods and types of foods that are considered central to the diet. Salt pork, or â€Å"fat back† is a staple ingredient in many African American’s diet, and reflect the tendency of the diet to be very high in fat, cholesterol, and sodium. This type of diet is associated with high blood pressure, heart disease, stroke, and diabetes; these conditions do occur at a higher prevalence in the African American population. Another diet related health risk involves the tendency to view people of healthy body weight as being underweight and needing more â€Å"meat on their bones† (Purnell, 2003, p. 47). Even in infancy, it is a common practice to avoid underfeeding by feeding newborn infants liquefied cereal mixed with formula and given through a bottle. â€Å"African Americans believe that giving only formula is starving the baby and that the infant needs ‘real food’ to sleep through the night† (Purnell, 2003, p. 47). These views may lead to a tendency to overeat, and be overweight, which is associated with the increased risks for the health conditions listed above. Health care providers can be in a position to give nutritional information, and recommend resources to assist patients to reduce dietary health risks, while maintaining the spirit of traditional cuisine. A magazine published by a health network directed at African Americans encourages healthier, culturally sensitive changes: Dr. Jones stresses that eating healthy doesn’t mean having to give up favorite foods. It just means preparing these dishes in a healthier fashion. That includes traditional favorites, like soul food—one of the oldest and richest cuisines in America. While it’s always been good for the soul, soul food is usually not so good for the heart†¦But soul food doesn’t have to be bad for you. You can continue to enjoy your ages-old family recipes in a new, health-conscious style by changing your cooking methods (Advocate Health Systems, 2007, p. 2). 3. What historical precedence is there for distrust of â€Å"outsiders† in Appalachia? People in Appalachia are characterized as having a distrust of â€Å"outsiders†, and are often unwilling to share their true thoughts and feelings with them. Part of the historical precedence that contributes to this distrust centers on their prior dealings with authority in the form of the large mining and timber companies. The Appalachian people were exploited by having their land taken by these outside business interests, who then subsequently attempted to control the behaviors of the workers for their own profits. There is a strong reliance on family and community; individualism and self-reliant behavior, and reverences for family lineage are highly valued within this culture. Appalachia has been characterized by poverty and isolation, which can result in cultural lag. There has historically been a limited access to education, as well as less of a valuing of higher education, with an emphasis placed upon learning skills necessary to enter the traditional employment fields and earn a living. These factors encourage the continuing distrust of outsiders. Communication styles reflect a general distrust and unease with â€Å"outsiders†. Materials or oral communication presented at a level that is beyond the understanding of the client may lead one to believe that the provider is â€Å"stuck up† or â€Å"putting on airs† and may add to a general feeling of distrust. Traditional Appalachians may value a large amount of personal distance, direct eye contact, and may value silence. They are often unwilling to communicate true needs in an attempt to be polite. Because of historical inequities with interactions with authority figures, including outsider health care providers, traditional Appalachians may not respond well to teach or instruction that is perceived to be an order; they may be much more receptive to hints and suggestions which solicit the client’s opinions (Purnell, 2003, pp. 73, 74). Because of improved technology, transportation, educational and employment opportunities, and more exposure to outside culture, traditional Appalachia may be changing, and the barriers and distrust of â€Å"outsiders† will be lessened. However, an Appalachian educator notes: The mountains have figured into all of it. The mountains kept us so isolated from the rest of the country and from other people’s involvement in our lives that we developed these characteristics: We are very independent, we are very contented with the places that we live, we are very close to nature, we have a deep sense of a belief in God, and we have a deep sense of being friendly and kind to one another and helping one another, and taking care of everyone else in their needs. And we also have a strong sense of what’s right and what ought to be and a deep mistrust of anyone who’s new, anyone who’s a stranger. We don’t trust change very well and we don’t like change very well (Morgan, 2005, p. 1). 4. What evidence do you see of the â€Å"ethic of neutrality† in this case study? The case study presents a view of the client by using her preferred terms, language, and presents her views in an objective manner. The case study seems to reflect the point of view of Miss Leona, and it respects her unique perspective. The author uses the words of the speaker to explain her reasons for doing things in a way that reflects aspects of the culture. For example, rather than state that Miss Leona may have difficulty reading medication instructions, the author includes the information that she was only educated through the third grade, and states â€Å"She admits not using the salve given to her by Dr. Adi because he told her to apply the salve according to the instructions on the jar† (Purnell, 2003, p. 89). The author does not make any judgments relating to the health related behaviors of the people in the case study. Several elements that illustrate cultural domain concepts are objectively presented. The use of folk medicine is demonstrated, with no evaluation of the home remedies, including the application of a bacon grease poultice to the leg wound. Similarly, the author presents Miss Leona’s own explanations of her illnesses, including her statement that she has â€Å"low blood†, in a subjective manner. The â€Å"ethic of neutrality† is maintained through an objective account of her situation, as experience by the patient alone, within her unique perspective. 5. How might you help Miss Leona eat a more nutritious diet? In the case study, the elderly Miss Leona reveals that she has been diagnosed with a heart disease, which her physician attributes to a high fat diet. She believes that her heart problem is instead related to the recent death of her husband, based in part on the timing of the diagnosis. She has expressed her dissatisfaction with the physician who has diagnosed this condition, because he did not communicate adequately during the visit. Miss Leona reveals that her diet is mainly high fat meat, dairy, and simple starches; she doesn’t mention fruits or vegetables at all. These foods are easy for her to prepare, and readily available. She demonstrates the difficulty in bringing food to her home, because she has to walk up a steep grade and a footbridge to get to her home. She does rely on others to bring her groceries at times, but makes it clear that she values self reliance. In accordance with traditional Appalachian cultural values, Miss Leona would most likely not respond well to being told directly which foods that she needs to eat to stay healthy. Rather, a practitioner would have to engage her in more of an indirect chat that would show knowledge of Miss Leona’s unique situation, and respect her likes and dislikes, and her need for ease of food preparation. The practitioner would also have to address the issue of being able to accept assistance needed to even bring healthy foods into her home, since there are physical barriers present that make carrying heavy groceries up a steep incline, especially with an infected leg wound, and a heart condition, impossible. The practitioner would need to provide the appropriate support needed to help make food choices that Miss Leona would be able to prepare, and enjoy. 6. Describe two taboo views that African Americans may have about pregnancy. Taboos are practices that if done, are likely to result in harm coming to the mother, unborn child, or both in the case of pregnancy-related taboos. There are a few pregnancy taboos regarding photographs that African Americans might have, according to the text. There is the belief that pregnant women should not take photographs, or they may cause the baby to be stillborn. Another cultural belief that may be shared is that a pregnant woman should not have their picture taken, because it captures their soul. There is also a taboo that involves the dangers of purchasing clothing or other items for an unborn baby. This is said to be â€Å"bad luck† for the baby and mother. Baby items are purchased after the child is born to avoid causing harm to or misfortune to the mother or her child. Pregnancy taboos views may be held by African Americans, in addition to other prescriptive and restrictive practices regarding childbearing. The realities of pregnancy are related to many factors. â€Å"African American women usually respond to pregnancy in the same manner as other ethnic groups, based on their satisfaction with self, economic status, and career goals† (Purnell, 2003, p. 48). 7. Identify and discuss views that Dorothy and her parents may have about mental illness and medication. In the case study, Dorothy is a 42 year old African American woman living with her parents who takes medication for a diagnosed of bipolar disorder. African Americans have variations in drug metabolism, particularly of psychotropic medications. They show higher blood levels, experience a faster therapeutic response, and are at more risk for drug side effects. â€Å"Health care professional’ personal beliefs may about a specific ethnic group may account of how the drug is prescribed, and African Americans are at a higher risk of misdiagnosis for psychiatric disorders and ,therefore, may be treated inappropriately with drugs† (Purnell, 2003, p. 48). The Evans family may have seen these medications misused in family members or friends, and may have some negative view regarding the treatment of mental illness. In African American culture, there is a tendency to use medication on an â€Å"as needed† basis; when an illness improves, and the person feels better, she may stop taking the medication. This practice could be very detrimental to medication therapy for bipolar disorder. If Dorothy and her family engage in this practice, she would most likely not have had good responses to medication. Dorothy and her family may therefore have a negative view of the medication’s effectiveness. African Americans often attach a stigma to mental illness, especially since there tends to be a high frequency of misdiagnosis of psychiatric disorders, leading to a distrust of mental health professionals (Purnell, 2003, p. 50). The Evans are a religious family, and they may have prayed and attempted to achieve spiritual healing for Dorothy. When the illness persisted, they may have judged Dorothy as not being faithful enough to receiving healing. With these cultural factors coming in to play, there is a high probability that Dorothy’s illness presents a great challenge within the Evans family. References Advocate Health Systems (2007). How to make your family recipes heart healthy. Advocate Magazine 3(24). Retrieved 6/12/07, from http://www. advocatehealth. com/trin/info/library/ham/win00/trin1. html? fitness Morgan, K. (2005). West Virginia’s Appalachian culture. West Virginia’s Appalachian Music and Literature Resources. Retrieved 6/12/07, from http://www. ferrum. edu/applit/studyg/West/htm/wvcultur. htm . Purnell, L. (2003). Transcultural healthcare: a culturally competent approach. Philadelphia: F. A. Davis Company.

Saturday, January 4, 2020

Kill A Mockingbird By Harper Lee - 897 Words

Did you ever think you knew something about a person only to find that you could not be more wrong? Making unverified assumptions like this is part of human nature for everyone. Because of this, some people do not want to reveal their true selves to others and prefer to remain unknown. Often, some people will hide out in their house and not show themselves to the world because of how others would react. Other people do not want to learn the truth and prefer to believe what they think is right evidence not with what is actually real. The people of Maycomb County are no different than people in the larger world. The characters in To Kill A Mockingbird work hard to maintain appearances that differ from reality. Several characters in the movie work hard to display an appearance that differs from their internal self because they usually feel alienated from the others. These characters also often feel uncomfortable about revealing their true selves to people, to the community, A character named Dolphous Raymond appears to be a drinker but all he really has in his sack is Coca-Cola. He likes to give people a reason as to why he lives with the black people although it s not very common. Instead of looking down on Raymond, the town surprisingly feels sorry for him because they base their feelings on his supposed alcohol addiction; they don t know the real story about Raymond. He is essentially the town s drunk and supposedly looked bad upon because he married a black woman.Show MoreRelatedKill A Mockingbird By Harper Lee1049 Words   |  5 PagesTo Kill a Mockingbird: How a Story could be based on True Events in Everyday LifeDaisy GaskinsCoastal Pines Technical Collegeâ€Æ'Harper Lee was born in Monroeville, Alabama. Her father was a former newspaper editor and proprietor, who had served as a state senator and practiced as a lawyer in Monroeville. Also Finch was known as the maiden name of Lee’s mother. With that being said Harper Lee became a writer like her father, but she became a American writer, famous for her race relations novel â€Å"ToRead MoreTo Kill a Mockingbird by Harper Lee1000 Words   |  4 Pagesworld-wide recognition to the many faces of prejudice is an accomplishment of its own. Author Harper Lee has had the honor to accomplish just that through her novel, To Kill a Mockingbird, a moving and inspirational story about a young girl learning the difference between the good and the bad of the world. In the small town of Monroeville, Alabama, Nelle Harper Lee was born on April 28, 1926. Growing up, Harper Lee had three siblings: two sisters and an older brother. She and her siblings grew up modestlyRead MoreKill A Mockingbird By Harper Lee1290 Wor ds   |  6 PagesHarper Lee published To Kill a Mockingbird during a rough period in American history, also known as the Civil Rights Movement. This plot dives into the social issues faced by African-Americans in the south, like Tom Robinson. Lee felt that the unfair treatment towards blacks were persistent, not coming to an end any time in the foreseeable future. This dark movement drove her to publish this novel hopeful that it would encourage the society to realize that the harsh racism must stop. Lee effectivelyRead MoreKill A Mockingbird By Harper Lee873 Words   |  4 PagesIn the book, To Kill a Mockingbird, Harper Lee illustrates that â€Å"it’s a sin to kill a mockingbird† throughout the novel by writing innocent characters that have been harmed by evil. Tom Robinson’s persecution is a symbol for the death of a mockingbird. The hunters shooting the bird would in this case be the Maycomb County folk. Lee sets the time in the story in the early 1950s, when the Great Depression was going on and there was poverty everywhere. The mindset of people back then was that blackRead MoreKill A Mockingbird By Harper Lee963 Words   |  4 Pagesgrowing up, when older characters give advice to children or siblings.Growing up is used frequently in the novel To Kill a Mockingbird by Harper Lee. Harper Lee uses the theme growing up in To Kill a Mockingbird to change characters opinion, develop characters through their world, and utilizes prejudice to reveal growing up. One major cause growing up is used in To Kill a Mockingbird is to represent a change of opinion. One part growing up was shown in is through the trial in part two of the novelRead MoreKill A Mockingbird By Harper Lee1052 Words   |  5 PagesTo Kill a Mockingbird by Harper Lee takes place in Maycomb County, Alabama in the late 30s early 40s , after the great depression when poverty and unemployment were widespread throughout the United States. Why is the preconception of racism, discrimination, and antagonism so highly related to some of the characters in this book? People often have a preconceived idea or are biased about one’s decision to live, dress, or talk. Throughout To Kill a Mockingbird, Harper Lee examines the preconceptionRead MoreHarper Lee and to Kill a Mockingbird931 Words   |  4 PagesHarper Lee and her Works Harper Lee knew first hand about the life in the south in the 1930s. She was born in Monroeville, Alabama in 1926 (Castleman 2). Harper Lee was described by one of her friends as Queen of the Tomboys (Castleman 3). Scout Finch, the main character of Lees Novel, To Kill a Mockinbird, was also a tomboy. Many aspects of To Kill a Mockingbird are autobiographical (Castleman 3). Harper Lees parents were Amasa Coleman Lee and Frances Finch Lee. She was the youngestRead MoreKill A Mockingbird By Harper Lee1695 Words   |  7 PagesIn To Kill a Mockingbird Harper Lee presents as a ‘tired old town’ where the inhabitants have ‘nowhere to go’ it is set in the 1930s when prejudices and racism were at a peak. Lee uses Maycomb town to highlight prejudices, racism, poverty and social inequality. In chapter 2 Lee presents the town of Maycomb to be poverty stricken, emphasised through the characterisation of Walter Cunningham. When it is discovered he has no lunch on the first day of school, Scout tries to explain the situation to MissRead MoreKill A Mockingbird By Harper Lee1876 Words   |  8 PagesThough Harper Lee only published two novels, her accomplishments are abundant. Throughout her career Lee claimed: the Presidential Medal of Freedom, Pulitzer Prize for Fiction, Goodreads Choice Awards Best Fiction, and Quill Award for Audio Book. Lee was also inducted into the American Academy of Arts and Letters. This honor society is a huge accomplishment and is considered the highest recognition for artistic talent and accomplishment in the United States. Along with these accomplishments, herRead MoreKill A Mockingbird, By Harper Lee1197 Words   |  5 Pagessuch as crops, houses, and land, and money was awfully limited. These conflicts construct Harper Lee’s novel, To Kill a Mocking Bird. In To Kill a Mocking Bird, Lee establishes the concurrence of good and evil, meaning whether people are naturally good or naturally evil. Lee uses symbolism, characterization, and plot to portray the instinctive of good and evil. To Kill a Mocking Bird, a novel by Harper Lee takes place during the 1930s in the Southern United States. The protagonist, Scout Finch,

Friday, December 27, 2019

A Case Study of Akron Children’s Hospital - 2143 Words

Akron Children’s Hospital Anthony D. Davis, Sr. Keiser University MBA 542 Dr. Lan Yuo November 19, 2010 When companies are faced with a particular dilemma, they seek the use of business research to†¦show more content†¦By listening to, watching, and recording things that are usually covered under privacy laws, the door was opened for the most intimate of interactions to be revealed to others. Using this method of observation and their attempt to differentiate themselves from the other hospitals was a very smart move by Marcus Thomas LLC because it exposed what everyone wonders; how will I be treated and what will I experience. The documenting of all the interactions opens the door for potential customers to understand how their hospital stays would proceed. Observing how care was given and how patient s parents were treated hits at the core of human emotion. It s already difficult for parents to deal with their children having illnesses and when they can understand how they will be treated undoubtedly will aid in their decision as to the facility they will choose. These obser vational methods would uncover a lot of qualitative information from individual experiences expressed by those being shadowed. Phase 2 of the research entailed putting together focus groups. There would be 120 min. focus groups that were convened in three markets of northern Ohio. One of the Markets was where the Children s Hospital was located and the other two were located in areas of potential growth. Marcus Thomas ensured that all the participants were parents who had children that were

Thursday, December 19, 2019

Potential Analysis of Jet Blue A Case Study - 747 Words

Part 1 Overview and Fiscal Analysis - One of the prime examples of the new paradigm in the airline industry is Jet Blue, an American low-cost, no-frills airline. Its main base is JFK international airport in Queens, NY. The airlines main destinations are U.S. hubs, flights to the Caribbean and Bahamas, and some to Central and South America. It is a non-union airline with a fleet of just under 200 craft, with another 50 ordered. The primary strategy for Jet Blue is the customer value proposition. The airline is not fancy, does not try to offer a number of amenities, only has a few routes, and is primarily trying to base ridership on low-cost fares. Revenue for 2011 was $4.5 billion, with operating income of $322 million and net income of $86 million. The company has a total of over $7 billion in assets showing that 2011 was a good year for the airline, even though revenues were slightly lower than the previous year (Jet Blue Annouces 2011 Annual Profit, 2012). Part 2 Resource Analysis- The company uses unit level activities and manages these by choosing to maintain high aircraft utilization (operating a single aircraft type with a single class of service) and direct booking services save computer reservation fees (use of www.jetblue.com) which lowers operating costs. It uses batch level resources by using a uniform type of aircraft, in which the staff need only become an expert once not many times over. Part 3 External Environment - Airlines, particularly smallerShow MoreRelatedJet Blue Ipo Advanced Corporate Finance1654 Words   |  7 PagesCase Study #28: Jet Blue Airways IPO Valuation. Brendan Sookraj Webster University FINC 5880 Summer 2013 June 27, 2013 Author Note Certificate of Authorship: This paper was prepared by me for this specific course and is not a result of plagiarism or self-plagiarism. I have cited all sources from which I used data, ideas, or words either quoted or paraphrased. Date : __________________________Read MoreMgt 501 Case 1 Essay1716 Words   |  7 PagesTUI UNIVERSITY Module 1 Case Study MKT 501: Consumer Behavior: Segmentation and Targeting Professor Dr. Gordon Leichter May 14, 2012 Abstract The assignment reviews industry practices which involve segmentation, targeting and positioning. I will attempt to explain these three consumer behaviors below. The airline industry will use the above mentioned practices in order to enhance and or improve marketing strategies. In order for this to take place and marketing analyst must developRead MoreNational Airspace and Airport Congestion Case Study1401 Words   |  6 Pagesforeseeable future. This congestion has been proven to cause costly delays and potential hazards to commercial aviation and the airport environment. Several major airports in metropolitan areas as well as the National Airspace System have been facing airport traffic and congestion issues over the last decades. Significant government dollars and resources have been utilized to asses and mitigate these issues. This case study has revealed some of the congestion issues at airports utilized by ExpressJetRead MoreJetstar Analysis3993 Words   |  16 PagesInd ividual Section of the Situation Analysis Prepared by: Lisa Girardello, Andre Lopez, Dale McGee Alex Grimble Tute: Thursday 5pm, Tutor: Boris Kolar Table of Contents Table of Contents 2 1. Introduction 3 1.1 Australian Domestic Airline Market Share by Capacity 3 1.2 2011 Revenue and Earnings before Interest and Tax 4 2. Industry Tree 5 3. 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India is today one of the fastest expanding aerospace markets in the world, as a growing number of airlines and corporate are expected to acquire about a thousand planes over the next 5 years. Every region- the east, west, north, south and center - has five airlines. India has Indian Airlines, which is the mother of the Indian Aviation Industry, followed by Jet Airways, Spice Jet. Deccan Airways and Kingfisher. Sahara has been taken over by Jet Airways. These areRead MoreEssay on Airline Portfolio: Delta Air Lines Analysis 1421 Words   |  6 Pagesairline by the end of the 1950’s, with the arrival of the jet age. Delta launched service utilizing the jet powered Douglas DC-8 in 1959, this aircraft had a range of 2700 miles, cut flight times between major cities by 40%, and could fly twice as many passengers as the large piston powered aircraft of the time. The airline now offered flights all over the U.S. and it was at this time that the Delta logo was changed to the red, white, and blue widget that we know today (although today the logo is solidRead MoreA Case Study on Cost Estimation and Profitability Analysis at Continental Airlines11162 Words   |  45 Pages1 81–200 American Accounting Association DOI: 10.2308/iace.2011.26.1.181 A Case Study on Cost Estimation and Proï ¬ tability Analysis at Continental Airlines Francisco J. Romà ¡n ABSTRACT: This case exposes students to the application of regression analyses to be used as a tool pursuant to understanding cost behavior and forecasting future costs using publicly available data from Continental Airlines. Speciï ¬ cally, the case focuses on the harsh ï ¬ nancial situation faced by Continental as a result of

Wednesday, December 11, 2019

Case of Kakadu Tourism Services Pty Ltd †MyAssignmenthelp.com

Question: Discuss about the Case of Kakadu Tourism Services Pty Ltd. Answer: Issue There are two issue which have been identified in relation to the case Whether an argument can be made by the car finance company with respect to having a valid mortgage over the office of Kakadu Tourism Services Pty Ltd (KTS) Whether the mortgage over the house owned by KTS can be enforced by Easy Loan Bank through relying on the assumptions provided in Section 129 of the Corporation Act 2001 (Cth). Rule Section 124 of the CA deals with the legal capacity of the company in relation to getting into a transaction. As per the section the law provides the capacity to the company to get into a transaction like an individual person. As per section 125 of the Act the power of the company to get into a valid transaction cannot merely be restricted if the constitution of the company does not allow such transaction. A transaction can be valid even it has been prohibited by the constitution of the company. In the case of Lion Nathan Australia Pty Ltd v Coopers Brewery Limited (2006) 59 ACSR 444 it had been ruled by the court that the constitution of a company is has to be interpreted broadly in order to determine the powers of the company. In this case the court used the section 125 of the CA to provide that act outside the scope of the companys constitution are also binding on it. According to the provisions of section 126 of the Act the power of a company in relation to a particular transaction can be carried on by an individual who acts on behalf of the company through its express or implied authority even if the common seal of the company is not used. In the case of Royal British v Bank v Turquand (1856) 119 ER 886 it had been provided by the court that it is the right of an outsider to assume that the internal rules of the organizations have been complied with anyone using the authority of the company to get into a transaction. Section 128 of the Act provides a third person to make assumptions in relation to the company. The section provides that if a person has power under section 129 of the Act to make an assumption the company cannot provide the assentation that the assumption made by such person is not valid. An assumption can be made by a person with respect to a transaction with another person who provides to have acquired title of the companys property in a direct or an indirect manner. In such situation also the third person or the company cannot provided in the court that the assumptions are not valid. Even if an agent or officer of the company had forged a document or have acted fraudulently the assumptions under the section can be made. In case a person knew or suspected an assumption to be incorrect they cannot rely on the assumptions under section 129. In the case of Northside Developments Pty Ltd v Registrar-General (1990) 170 CLR 146 the court ruled that In case a person knew or suspected an assumption to be incorrect they cannot rely on the assumptions with respect to dealing with the company. A person under section 129 of the Act has the right to assume that in relation to the transaction the replaceable rules and constitution of the company has been complied with. In addition a person has the power to assume anyone with respect to the information provided by the ASIC available to the public to be a company secretary or the director of the company and also assume that they have been appointed in a proper manner and have the right to perform the powers which a normal director would have. A person also has the right to assume that a director or officer of the company have performed their duties properly. In the case of Brick and Pipe Industries Ltd v Occidental Life Nominees (1992) 10 ACLC it was ruled by the court that when dealing with the company an outsider has the right to make more than one assumption in relation to the person acting on behalf of the company. The same concept had also been used in the case of Advance Bank Australia v Fleetwood Star Pty Ltd (1992) 10 ACLC 703. An individual can think that a paper has been properly executed by the organization in case the document apprehends to be signed in compliance with section 127(1) of the Act. In relation to the assumption it can be assumed by the person that any person who has signed the paper are the sole director and company secretary of the company. Application In the given case it had been provided that Mary and John who are married are the shareholders and directors of the company Kakadu Tourism Services Pty Ltd (KTS). The purpose of the company was in relation to tourism business. Marry occupies a house which is owned by the company and John has moved out of the house as their marriage has broken down. Mary does not have active participation in the functioning of the company. A sports care has been purchased by John which is worth $80000. The payment has been done through a finance lease with respect to KTS. A mortgage over the office building has been provided as a guarantee for the finance lease to the Car finance company. In this case even through the purpose of the company is related to tourism services, section 125 of the CA would allow such transaction to be valid in relation to the company. Thus the transaction cannot be held ultra-virus with respect to the company. In addition section 126 provides that any person who has expressed or implied authority in relation to the company can get into a transaction on behalf of the company. In the given case John being the director of the company has authority to enter on transactions on behalf of the company thus the dealing with the Car finance company can be further stated to be binding on KTS. It has been claimed by Mary that the car was personal asset of John, however as per the above discussed rules John had the power to bind the company to a contract with any their party and thus the car finance company also has the right to mortgage the companys office because of non-payment. In addition it has been provided that John had entered into a deal with Easy loan Bank for borrowing $200000 and mortgaging the house which is occupied by Mary without telling this to her. The mortgage had been secured as John stated that he is the director of the company and his son Michael is the Company secretary. According to the provisions of section 127 of the CA a company can give effect to any document if it has been signed and witnessed by one director of the company and the company secretory. It had been provided by John to the Bank manager that Mary has resigned as the company secretary and the new company secretary of the company is Michael. The act was also not approved by the board as provided by the constitution of KTS. Section 129 of the CA provides that an outsider can make certain assumption in relation to the dealing with a company. Firstly the person has the right to assume that in relation to the transaction the replaceable rules and constitution of the company has been complied with. Thus in this case even when the constitution of the company provides the contrary the bank has the right to assume that the constitution had been complied with in relation to the transaction. Secondly, a person also has the right to assume that a director or officer of the company have performed their duties properly therefore the bank has the right to assume that the John has complied with his duties in a proper manner. Thirdly in relation to the execution of a document if a person provides that he is the director or company secretary of the company the third person has the right to assume that the person actually is the director or company secretary of the company. However it has been provided clearly by section 129 (6) that if a person had knowledge of an information being incorrect they cannot make assumptions under this section. There was no documentation available with the ASIC which could derive the conclusion that Mary is no longer he Company secretary of the company or Michael is the new Company Secretary. In addition it is the duty of a third person to make further inquiry with the ASIC in relation to the directors and secretaries of the company which had not been done by the bank. Thus it can be provided that the bank does not have the right to rely on the assumptions provided in section 129 as they did not make further inquiries in relation to Michael being the secretary with the ASIC. Conclusion The deal between the Car finance company and KTS is binding and valid. The Bank cannot claim assumptions under section 129 of the CA. References Advance Bank Australia v Fleetwood Star Pty Ltd (1992) 10 ACLC 703. Brick and Pipe Industries Ltd v Occidental Life Nominees (1992) 10 ACLC Corporation Act 2001 (Cth) Lion Nathan Australia Pty Ltd v Coopers Brewery Limited (2006) 59 ACSR 444 Northside Developments Pty Ltd v Registrar-General (1990) 170 CLR 146 Royal British v Bank v Turquand (1856) 119 ER 886

Tuesday, December 3, 2019

Night Essays (1187 words) - Holocaust Literature, Night,

Night "Where is God now? (A man behind me asked)...He is hanging here on this gallows..." This is where the Holocaust left young Elie. It left him with a feeling that there is no God, or if there is, he is not as wonderful as everyone has been proclaiming that he is. The story begins in the small town of Sighet near Transylvania were Elie lived with his parents and two little sisters. Elie studied the Talmud during the day and spent his evenings in Synagogue praying. His life revolved around his undying faith and love for God. He loved God and the Jewish faith so much that he often cried while he was praying. He and his family lived without fear and in happiness until some of the people of Sighet were deported. One of them, Moche the Beadle, returned with stories of Jews being slaughtered and babies being tortured and used as firing practice. The stories were dismissed as crazy and they told themselves that they were all safe. They believed they were in the peaceful hands of God. Unfortunately, in 1944 German troops moved into their town. They set up ghettos and controlled their lives with fear. The people of Sighet were forced to leave their homes. They were packed into cattle wagon trains and given buckets of water and bread to eat. They stayed in the train for many days and were not allowed to get out to go to the bathroom so they were condemned to live amidst filth. Some people started going crazy. One old woman screamed almost the entire time about flames and burning flesh. Little did everyone know that what she was yelling about was the fate of everyone in her company. When they finally arrived in Birkenau, they exited the train to the smell of burning flesh and the sight of smoke and flames. When they got into the camp Elie and his father were separated from his mother and two little sisters. They did not realize immediately that they would never see them again. After they were separated they were told to march in a line that was heading directly toward a tremendous hole in the ground in which the charred remains of Jewish corpses could be seen. It is then that Elie begins to wonder why it is that he has been blessing God. The people around him had begun to say a prayer for the dead and for themselves. He wonders why he should bother? No God that he knows would let such evil go on, therefore there must be no God. People around him were asking the same questions. Others told them that God was testing their faith and if they kept themselves strong and survived for as long as they could, God would be pleased and they would be blessed. They continued marching straight up to the edge of the ditch with faith in their hearts and were suddenly told to turn left into barracks. Elie and his father were given tips by men that had been in the camp longer about how the Germans were working and how to survive. They were told what you had to say and how you had to act in order to stay alive longer. All Elie cared about was not being separated from his father. For over a year they were forced to live and work in extreme conditions. They were made to walk miles on little sleep and even less food for continuous hours and days at a time. Men were beaten and killed for their hunger, fear, sickness and exhaustion. They had to endure the stress of selection where they were briefly examined and were selected to be killed because their weakness was a drain on the camp. Elie's father grew very sick and became very weak. One day while he was calling for Elie to help and comfort him guards at their camp beat him. When Elie woke up the next morning his father was gone from his bed, inevitably taken to a crematory. A few weeks after he and many other Jews were set free. ~* Review *~ Night is an amazingly thought provoking and touching story. The descriptions of the horrors that Elie faced grab you and make you understand completely what kind of pain he and everyone else faced. This book was written to show how exactly horrendous the Holocaust was. It also shows you how evil can destroy persons belief in something that they hold dear,