Thursday, November 28, 2019

Analysis of the Techniques of Major 18th

Abstract This paper seeks to analyze the Norton Anthology of English Literature and other materials with the aim of summarizing the techniques of the major authors of the 18th-century in expressing an ideal.Advertising We will write a custom essay sample on Analysis of the Techniques of Major 18th-Century Authors Used To Express an Ideal specifically for you for only $16.05 $11/page Learn More The paper will focus on the ideal the 18th century authors’ address. This includes the reshaping poetry, humanity, the society, and social practice. The paper will examine the linguistic structures, and the literary techniques used by these authors to express or support the ideal. Lastly the paper will explain the success of these authors in use of technique to express the ideal. The Norton Anthology of English Literature will form the basis of this paper. Analysis of the Techniques of Major 18th-Century Authors Used To Express an Ideal Prior to the 18th cen tury writing had not been conceptualized and most people regarded it as separate if not a linguistic process. The art of writing developed from different social cultures. However, during the 18th Century, authors realized and appreciated the need of writing. Writing became influential and also replaced the traditional beliefs. It developed as rhetoric (Greenblatt Abrams 2006). The reasoning and wit used in the 18th century literature is remarkable. The authors applied ideal techniques that played a key role in reshaping poetry, humanity, the society. The authors managed to observe and expose the apparent follies and the corruption of the morals in the society for the period of the neoclassical era.Advertising Looking for essay on literature languages? Let's see if we can help you! Get your first paper with 15% OFF Learn More They enlightened the rationality, array and the knowhow, how the society cuddled with pervasive obsession eroding the traditions. The authors ex posed the vanities within the political circles. The 18th century authors employed satire to ridicule the acceptable social standards exposing the flaws and the imprisoning the pretence that was within the society (Bros 2011). Alexander Pope was an enlightened author who used various ideals to draw logic. He applied satire and ridicule the society. Jonathan Swift was no exception; he criticized the abundant corruption in the society (Greenblatt Abrams 2006). The 18th century authors are notorious for their witty work. They rhetorically mastered the coherent past and satirically designed their work, which inspired the society. It his work The Rape of the Lock, Alexander Pope sensitized the society in a polished tone by creating a reflection of the evils and vanities within the members of upper class. Although this work did not directly point a finger on the figures of the aristocracy, a clear and eloquent perspective of the leadership with nothing but a perception of the acts of a f oolish as well as a ridiculous figure. The authors managed to mock the members of the upper class in a delicate and poetic manner. Alexander pope clearly illustrated the level of moral decay in the society.Advertising We will write a custom essay sample on Analysis of the Techniques of Major 18th-Century Authors Used To Express an Ideal specifically for you for only $16.05 $11/page Learn More Jonathan Swift in his book A Modest Proposal exposed the issue of colonialism by the British Empire which regarded the Irish as savages (Greenblatt Abrams 2006). It created demarcate of an immoral and wicked economic relationship, this in considerable length attacked the social imbalances that existed between the rich and the poor. He applied the realism in the society creating a real ability of an author to depict the social ideals. The Linguistic Structures and Literacy Techniques Used By the Authors Alexander Pope in The Rape of Lock managed to assimilate trait s of a brave epic; he applied an arrogant elitist and this literature to prosper. Authors like John Milton use poems which were of significant impact to the society. The authors work compelled the rich, heroes and the poor alike. The 18th century managed to achieve an unusual mockery their combination of the societal values. The works of the authors are written a playful tone that elucidated idiosyncratic traits. They managed to bring out the social conflicts that existed in the society (Bros 2011). The authors were able to represent the fundamental elements by applying exaggeration while creating a representation in their epic. Personification was applied to create emphasis on the societal values. They managed to set a mockery of the epic of the tradition through illumination of the detrimental effect. Alexander Pope is popular for his ability to personify, heroic coloring, this uplifted the subject of the work.Advertising Looking for essay on literature languages? Let's see if we can help you! Get your first paper with 15% OFF Learn More Jonathan Swift in his book, A Modest Proposal which can be related to the economic proposal to be included in the government policy, he spins the proposal on a ruthless economic gain made at the cost of the colony of the government. The colony depicted as being consumed’ by its colonial master, the British Master. The author critically analyzes the impoverished population (Greenblatt Abrams 2006). The 18th Century authors knew extremely well the need for understanding the mankind. They based their work on reasoning. The age of reasoning can only be said to be in the era of the 18th century. The authors sought to have an understanding of what humanity was like. The 18th century appeared during an era of political upheavals. The characteristic of the authors work done during this age is that it laid emphasis on the unity of politics and literature. The authors applied various themes like satire to illuminate the history of the subjects. Their works also give a partial account of what transpired during the 18th century (Bros 2011). The Ideal That the Authors Addressed Although the work of the authors of the 18th century did not exist as one genre, the work of the authors brings a rival of romanticism and development of modern literature (Luebering 2010). The authors of this century brought up the feature of constitutional governance. This is what had followed the revolution age which so the coming into place of parliamentary government. The enrichment of literature with the politics dominated the society. The issue of party politics is also not left out; politicians hired most of the satirical writers. The work of Addison, Defoe and Swift illustrated these issues. This was a landmark change because it replaced the traditional nobleman. There was drastic social development in the social life (Greenblatt Abrams 2006). Life changed from the individualism to the development of coffeehouses and private clubs. This influenced the literature to a great deal, wi th writers interacting with people in the urban life and thus incorporating most of the social issues in their work. The authors placed emphasis on style and things like writing prose, verse, and this influenced the development of literature (Bros 2011). The was one more issue in the 18th century, the continental wars, regarding the expansion of the British Empire as indicated in the work of Addison. This resulted to the growth of British Empire. Authors who shared the voyage and exploration advanced the English literature. This shifted the work from politics and critic to the adventure of the world exhibiting the human achievement. The literature addressed the lure of sailing in the sea; explaining what was past the horizon and this illuminated it (Greenblatt Abrams 2006). The authors in the 18th century developed literature due to their ability to write outstanding literature. They were convenient ways of addressing, analyzing, educating, contrasting and pointing out the exact na ture of the society (Luebering 2010). The 18th century authors get credit for mastering the literature by understanding the nature of their work. The developed a distinction between the genres of literature and their relationship with the society. The aspects of this distinction led to an easy understanding of their work and many people enjoyed their working. The Success of the Authors in Using Techniques to Express the Ideal The 18th century authors developed a motive of composing their work. Their work was fashionable in the neoclassical era. They were able to represent the characters of the facsimile personalities who played the pseudo-heroes in most of their work. They were able to make a mockery in a metaphor during this period. The authors who did poems designed them to draw attention of the nobles as well as the society. This gave a compelling theme of humor, and they also brought out the cultural changes. The authors also motivated the politics of the day and this demonstrat ed in the book of Swift which sought to undermine the British Empire practice of colonization. Some of their work done in a satirical nature; this was a risk; due to the nature of implication they drew from those they criticized (Bros 2011). The authors of this era were profound and dissatisfied with the society. They used literature to bring reforms socially and politically. They successfully entrenched the traditions and its dialectic force as a synthesis. This meant to influence the mobility of the society from certain vices and towards certain norms (Luebering 2010). They managed to influence the society to change and embrace the norms of the new era of enlightment in regard to political and social morality. The views of modern literature are that the 18th century was the sensibility age. This is because the global perspective of the era as one characterized with enlightenment. The literature that advanced by the 18th century authors facilitated the development, and positive cha nge (Bros 2011). The rationalism of the authors of the 18th century facilitated the universal discoveries both in the level of humanity and science. They facilitated the coming into place of romanticism. This was to be later advanced by the Gothic fiction writers who managed to combine the art of several genres. This genre developed during the 18th century. Ann Radcliff renowned for her horror literature advanced the influence of 18th century literature. Conclusion The development of romanticism, a genre of literature brought emotions from various authors. This demonstrated imagination of the writers; they managed to take tracked their trail of thoughts to real life. In Lake District, this inspired many authors like Lord Byron. The authors of the 18th century facilitated the development of the modern literature. They developed sentimental work that addressed the human history. Although they began at the era of enrichment, the creativity of the authors that shifted to what came to be romanticism. The literature of the eighteenth century created the age of antagonism art developed by writers who displayed their witty. The era ushered in the age of modern literature from the former eras of literature. The authors of the 18th century improved and transformed the English literature through the ideal that they addressed and this facilitated the transformation of the humanity, reshaping the poetry, changing the society. It is clear that the linguistic structures and the literature techniques that these authors applied in expressing the ideal were of enormous success. Reference List Bros, M. (2011). English Literature of the 18th Century. California: university of California Publication. Greenblatt, S., Abrams, M. (2006). The Norton Anthology of English Literature: The Major Authors. London, England: W.W. Norton Publication. Luebering, E. (2010). English Literature from the Restoration through the Romantic Period: Britannica Guide to World Literature. London, England : The Rosen Publishing Group. 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Monday, November 25, 2019

Yeahh Essays

Yeahh Essays Yeahh Essay Yeahh Essay This farm stays in the family. Its a question of blood. The text shows that even the strongest family relationships are threatened by the question of inheritance. Discuss. In the Australian play Inheritance, directed and written by Hannie Rayson, racism and prejudice are main themes discussed throughout the novel. The Delaneys and Hamiltons are explored throughout the text and are seen as a strongly bonded family at the beginning of the novel but slowly lose their bond and relationship due to struggles and complications of the family farm. Nuggets exclusion from inheriting his fathers farm and his relationship with his father, Farley. Nuggets relationship with his father Farley is fairly strong. to my son Nugget was read by William from Farleys will. William and Dibs discussed about inheriting the farm and how Nugget shouldnt be allowed to inherit the farm. This shows that the family becomes destructive to one another and prejudice started to show within the characters. The bond with one another during the beginning of the novel was weakened when money and the decision of inheriting the farm was involved. Although the farm stays in the family, Nugget was not given the farm. The will left by Farley clearly stated that he let Nugget inherit the farm. Dibs reveal to the family that Farley left the farm to Nugget. Girlie asks why they took Nugget in, and Dibs reveals that it was her idea after she found out about Farleys affair, but she said I will not be giving Nugget a single handful of this dirt. After the death of Farley, Nugget imagines himself talking to Farley, confronting Farley about not telling people the truth. This shows although Nugget is blood related to Farley who is part of the family, the others do not accept him as family. In conclusion to this event, the family struggled and argued over the farm. The Hamiltons and the Delaneys struggle both financially and mentally over the farm. This puts a corruption between relationships within the family. At the end of the novel, Dibs said I dont like William, and Julia has raised Felix to be a wuss. This shows that true emotions had came out of people over the farm. The text Inheritance shows that even families like the Delaneys and Hamiltons which were a

Thursday, November 21, 2019

367 Essay Example | Topics and Well Written Essays - 250 words - 1

367 - Essay Example 3. The context of this material is†¦ Identify the political, economic, social, historical, etc., background surrounding this material. This may include information on the existing knowledge on the subject and gaps in our existing knowledge. The context of this material is urban Australian real estate industry. While major industries would require programs that can recruit the right employees, in urban Australia, getting the individual to work is an issue. The main points in this material are that Australia shows that the safety of employees within the industry is based on the use of technology to provide details regarding construction measurements and planning. Mismatch between program-based decisions and human-based manual work is reported to result in higher number of injuries and deaths within the industry. Focus on the incidences in Makkah City’s construction industry shows that the national’s policy and preparedness for disasters does not support the companies involved with construction (Australian Industry Group, 34). The key concepts in this material are construction workers’ health and safety at their places of work and are grounded on the Herzberg’s two-factor theory on motivation and hygiene. Based on the information regarding other nations’ safety standards and the stabilities of various industries, Australia builds on policies that aim at reducing the worker fatalities by at least 20 percent and the rate of claims made within a week or several weeks by 30 percent (Australian Industry Group, 33). 6. The most important information in this material is†¦ Identify the key information the author used to support his arguments/analysis. Identify the facts, data, evidence, experiences, etc., the author uses to reach their findings. The most important information in this material is that the Australian

Wednesday, November 20, 2019

Visual Strategies to Convey Political Information Essay

Visual Strategies to Convey Political Information - Essay Example The image showing a captive without pacho (traditional clothing) shows how prisoners or captives were treated in that land. For a human being to be denied the right to be properly clothed is a sense of humiliation or disrespect in the society. Looking at the picture, it is evident that the prisoners in the land of Israel were treated as useless or rather insignificant. The fact that they lack clothing can also portray that prisoners were not allowed to be in social places. Captives were not allowed to participate in various political activities like voting, inheriting power from their fathers as well as other social activities like wedding. The fear between the Palestine and the Israelis is clearly portrayed when the author says he could see Israelis who were soldiers as well as settlers through the eyes of two Israeli ladies he stood with. It can be drawn that all Israelis men underwent basic military training and for one to acknowledge or recognize a soldier at first sight, it mean s the soldiers had a unique way of dressing through dresses incorporated with swords, their sandals, helmets, and horses. It can also be said that the Israelis were ever ready or alert to protect their soil from their enemies who were mainly Palestine. This fear is further shown when the author invites his new friend so that he could show her the Palestine he saw. He reveals that there was some kind of fear or tension when they passed near an Israeli who is between Palestinians or surrounded by them. From this, it can be drawn that the Israelis and the Palestinians were not in good terms. He lived with the Palestinians for a while and they were kind and friendly to him. However, the moments he is with the Israeli lady, things change and they are no longer kind to him. This shows that the hatred between the two groups was imminent. He explains further that the Palestinians were not pleased with the Israeli lady walking in their market. First, they did not believe a woman could walk t hat free; women were not regarded important and did not enjoy the same privileges as men. Secondly, by seeing the Israeli lady in their territory, they felt under siege. This could have been the main cause of the conflict between the two groups. The author describes how the Israelis treated their enemies who were Palestinians. He uses a character named Ghassan and describes all the activities that followed after his capture. The character was interviewed then subjected to torture. It can be drawn that the Israelis were not kind to the Palestinians. The author uses the hooded character Ghassan to represent the Palestinians held captive in the Israelis’ territory. Hood is a kind of clothing that covers the entire head and ears meaning the captives were to remain ignorant on what was happening around them; they were isolated and blinded so that they could not recognize their torturers, hence, they could not testify against them. The picture of the torture room portrays the ruthl ess and inhuman treatment Ghassan experienced. The struggling voice of the character and the silent body language simply shows how traumatized the victim is. The hood also symbolizes some form of unease among the captives. Moving around with the hood also reveals some degree of entrapment

Monday, November 18, 2019

Explain some of the reasons for Talent Management failure in MNEs, and Essay

Explain some of the reasons for Talent Management failure in MNEs, and how would you advise organisations to address these issues - Essay Example In a global business environment, the competition is stiff and MNCs need to prepare adequately for the anticipated challenges with regard to their human capital. For instance, most of the MNCs are centrally managed from the headquarters and this creates rigidity in their subsidiaries in terms of giving the middle management the mandate to provide training and promotion of the local personnel as a way of managing the diversity of talent in MNCs (Story et al. 2014). In a knowledge-based industry, the knowledge of the personnel with regard to adapting to the constantly changing business environment is critical. As such, those responsible for the human resource management in these MNCs need to ensure that talent management is enhanced through training of personnel to improve their skills and knowledge management. In essence, where the human resource management of MNCs recognises the importance of knowledge management, innovation and creativity are enhanced. Conversely, the focus on expat riates rather than nurturing the local talent is a major contributor to talent management failure in MNES. This is because they deny HR the opportunity to embrace internal development by attracting, developing and retaining highly performing personnel (Story et al. 2014). This paper examines the reasons for talent management failure in MNEs and how they can be addressed. The human resource management in MNCs has failed to recognise the importance of training their personnel to handle future challenges effectively. Instead, MNEs are focusing on their more experienced personnel to handle the different task in their subsidiaries around the world. This has led to a situation where the local talent is ignored, and managers sent from the headquarters are given the mandate to handle only business functions at MNEs subsidiaries around the world. However, most of the managers sent from the headquarters lack the knowledge and understanding needed to develop a talent pool that can move a

Friday, November 15, 2019

Doctrine of Ultra Vires Effect on Malaysian Company Law

Doctrine of Ultra Vires Effect on Malaysian Company Law Discuss the doctrine of ultra vires and its effect in Malaysian Company Law. According to s18 Contract Act 1965, every company formed should have a memorandum printed and divided into paragraph and with the date stated. In s18 (b) Contract Act 1965, it shows that the requirement of the Memorandum of Association (M/A) required a statement of object clause. The object clause can be used to describe the nature of the business such as manufacturing business, merchandising business or service business. Besides, it also show the company power, its purpose and the legal capacity of the company.[1] Furthermore, the purpose of the object of M/A should be lawful as stated in s14 (1) Company Act 1965. The consequence of unlawful purpose and incompatible to peace, welfare, security, public order, good order or morality in Malaysia will be Registrar of Company will refuse for the registration of the company as followed to s16(8)(a) Company Act 1965. As it has been stated that object of M/A function as recognize the legal capacity of the company, in the same time, it has limited the company which it require the company to act based on the statement. If the operation of the company is different with the object of M/A, ultra vires will be recognized. Ultra means â€Å"beyond† whereas vires means â€Å"power† where ultra vires happened when an act is against the object clause. Although the company want to ratify the act, the act is void at initio. This can be further explained by the common law and statue. However, if the company wants to prevent ultra vires, the company must alter the object clause. There are certain requirement as stated s28 Company Act 1965. In s28 (1) Company Act 1965, it stated that alteration can be made based on a special resolution. Besides, by holding this special resolution, members and debentures holder of the company should be given 21days of notification to the special resolution as according to s28 (2) Company Act 1965. Common Law The doctrine of ultra vires under common law refers to the rules that company must act within their objects clause that is stated in the memorandum of association. Any activity that is outside from the company capacity is void. Neither the company nor the third party could enforce this. In other words, ultra vires act is void and the contract cannot be ratified even if the company wishes to. Under common law, the company’s contract is void due to internal or external context. Externally, when a third party contracting with a company, if the contract was not fulfill the objects of company that stated in memorandum of association, then the contract was ultra vires and void. Internally, if the company and the director enter into an ultra vires contract, the company may immediately stop the act of the director and claim damages from the director who breach his fiduciary duties by entering into the contract which is outside from the company’s capacity. If the company could n ot fulfill the main object in their memorandum, then they would have to be wound up. According to Ashbury Railway Carriage Iron Company v Riche (1875) LR 7HL 653, the case stated that the company’s objects in their memorandum was to make, sell and hire railway carriages. The company entered into contract with Riche and the contract was approved by the shareholders at general meeting, then the company agreed to give Riche and his brother a loan to build a railway in Belgium. After that, the company changed their mind and refused the agreement. Riche sued the company. The court held that the construction of a railway was ultra vires, because construct a railway was not stated in their company’s memorandum of association. Thus, the contract is void because the construction of a railway is outside from the company capacity. Furthermore, since it is outside from the company capacity, so the company could not ratify the contract. Therefore, ultra vires exist and the contract is void even if all of the shareholders approved the contract. From Ashbury Railway Carriage case, we can see that the company could not sue or be sued by the third party for not performing the contract. This is because the contract is null and void. Thus, the company could avoid for not performing the contract and could not be sued by the third party because it is outside form the company’s capacity. Although it seems unfair for the other party but the object clause of a company is available at public for inspection. The other party should have checked whether the company has the capacity to enter into contract with them or not. Need to say if company itself can sue the director and SH? Shareholders pay less concerned on the corporation on how the director corporate as long as the business generates dividend to them. However this will put the creditor in high risk. This is because if the creditors credit sales the goods and services to the particular company, and the company has insolvent in later dates, the creditor could not claim any debts. Common law stated that an ultra vires act is null and void to protect the member or the creditors of the company who has invested the money into the company and expect the investment is only used for the company’s business. According to Cotman v Brougham (1918) A.C. 514, the objects clause of company contained 30 sub clauses, however, the first sub clause stated the company to develop rubber plantations. In the fourth clause, it empowered the company to deal in any shares of any company. Besides, the memorandum also stated that each sub clauses acts as the independent objects for the company. The company underwrote and had allotted to it shares in an oil company. After that, the oil company wound up and their company was on the list of contributories. The question arose is that whether this is intra vires the company’s objects. The court held that the 30 independent object clause in the rubber company’s memorandum was an independent. Hence, the power to deal with the share in an oil company was within the legal power. Therefore, the company is liable for the underwriting. From the Cotman case, the company did not clearly specify the main object where constitution of Memorandum are not limited by using plain business language. Companies could no longer avoid a contract based on the grounds that it was beyond the company objects which they have been done in the traditional ultra vires doctrine. This has increased a wider range of object clauses in the Memorandum as a result of each sub clause is independent which are not interrelated with the main clause. Hence, the object are not restricted to review on the main clause. This has rendered the companies to introduce a standard type of object clause to render almost all potential commercial objectives intra vires. Position under Companies Act 1965 According to s20 (1) of Companies Act 1965, any act or transfer of property that made by the company shall not be invalid with the reason that company dont have the power or capacity to do act. The effect for this section is transaction will become irrelevant with the fact that the company did not have the capacity to enter into it, even though a certain transaction is otherwise valid. Besides, the company can sued or be sued as acts against its object clause. In order to protect the interest of the shareholders and creditors, s20 (2) Companies Act 1965 has provided the remedies to restrain the ultra vires act. According to s20 (2) (a) Companies Act 1965, company is liable if a member of the company or the company itself has issued the debentures are available with a floating charge. The shareholders and debenture holders can sue the company for the taking any action outside the company and they can claimed the compensation from it. Besides, it also stated that the relief of s20 Companies Act 1965, the ultra vires only apply to specific person and not an outsider as refer to Pamaron Holdings Sdn Bhd v Ganda Holdings Bhd [1988] 3 MLJ 346. According to Pamaron Holdings Sdn Bhd v Ganda Holdings Bhd case, the Plaintiff and the Defendant entered into an agreement for sale and purchase of shares in a private limited company. The Defendant defaulted in the payment of the purchase price and the plaintiff applied for summary judgment against it. In opposing the application, the defendant proclaim that among the transaction was ultra vires the plaintiff company. Allowing the application, the court held that under s.20 a person other than a debenture holder or the minister may not raise ultra vires. The defendant being an outsider and not a debenture holder or the minister had no right under the section. The Defendant was liable for not being able to settle the payment of the purchase price. The Defendant also didnt purcha se any shares or debentures from the Plaintiff Company, thus it cannot raise ultra vires. Defendant should purchase the shares or debenture from the plaintiff in order for the defendant have the right to raise ultra vires. From this case, only the person that are sufficient proximate to the company can apply ultra vires. Ultra vires is an action This act will only available to the contract that has been entered, yet to be completed as refer to the Hawkesbury Development Co Ltd v Landmark Finance Pty Ltd ( 1969 ) 2 NSWR 786. According to Hawkesbury Development Co. Ltd v Ladmark Finance Pty Ltd case, Plaintiff holds all of the shares in the Landmark Finance Pty Ltd. Landmark Finance has issued two debentures to United Dominion Corp (UDC). A request has been sent to court by Plaintiff about declaring both debentures to be invalid due that it is a company object ultra vires. Plaintiff also request that the court to prohibit the enforcement of UDC of the debentures. However, application that request by the plaintiff is rejected and the approval of court to void the declaration of the UDC had failed to be obtained. Due that the plaintiffs are the shareholders of the Landmark Finance, the application should make to Landmark Finance instead of UDC is a third party. If the company is make the act of ultra vires by issuing the debentures to the outsiders, the shareholders or debenture holders have the right to sue the company. However, s20 (2) (a) Companies Act 1965 does not given its protection to debentures holders that secured by float charge and creditors who did not have any charge. According to s20 (2) (b) Companies Act 1965, officers are personally liable for any action taken by member of the company or the company itself. The shareholders or the company itself can sue the officers either former or current that who committed any Ultra Vires transactions which must be completed and realized. However, if any law suit against the officer will not affect the validity as stated in s20 (1) CA 1965, the act will be valid to the ground. According to s20 (2) (c) Companies Act 1965, any petition that may conducted by the Minister to the court to wind up the company that had committed ultra vires actions. The court will conducted its discretion when the company has changed the business totally from its original business. According to s20 (3) Companies Act, if any party has suffered any damage or loss due to the unauthorized act or transfer is yet to be performed and to be restrained under s20 (2) Companies Act 1965, the parties who have sustained the damage can be compensated. By comparing the common law and Companies Act 1965, under the doctrine of ultra vires, it is prefer to go for common law. This is because, under common law, the act of ultra vires is null and void, so the company could avoid for not performing the contract which is outside from their capacity. Besides, the company could not sue or be sued by others party just because they did not perform the contract. However, under the Companies Act 1965, it provides completed transactions remain valid as between the company and the third party and both of the party may sue each other. Let’s compare the case of Ashbury Railway Carriage Iron Company v Riche under common law and the case of Hawkesbury Development Co Ltd v Landmark Finance Pty Ltd under Companies Act 1965, we can see that under Ashbury case, the ultra vires are meant to protect the company by voiding the contract because it is outside the company’s capacity. The other party could not sue the company although they had ent ered into the contract because ultra vires exist. Whereas, under the Hawkesbury case, the plaintiff failed to declare the debentures to the third party although it is a company object ultra vires because the plantiff are the shareholders of the Landmark Finance and it should make declaration to Landmark Finance instead of the third party. Conclusion For under the common law, the contract entered by the director of the company or the company itself is ultra vires, the contract is considered void due that it is beyond the companys capacity to perform it. If the contract made by the company with the third party is not fulfill the objects of the company that stated in memorandum of association also considered as ultra vires thus become void. When the contract has become void, the company could not sue or be sued by the third party for not performing the contract. For under the Companies Act 1965, any act that made by the company cannot be declared as invalid by using incapable to perform the act as an excuse. The transactions still remain valid between both the company and the third party that they may able to sue or be sued by each other. Thus, both companies and the third party should consider the capabilities of the company to perform the any act from the contract in order to avoid any ultra vires that may happen and cause the loss to the creditors, shareholders, debenture holders or any related parties. [1] Pg 205 principle of business law and corporation

Wednesday, November 13, 2019

Essay on Kinship in A Portrait of the Artist as a Young Man

Search for Kinship in Joyce’s A Portrait of the Artist as a Young Man  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   At the heart of James Joyce’s A Portrait of the Artist as a Young Man lies Stephen Dedalus, a sensitive young man concerned with discovering his purpose in life. Convinced that his lack of kinship or community with others is a shortcoming that he must correct, Stephen, who is modeled after Joyce, endeavors to fully realize himself by attempting to create a forced kinship with others. He tries many methods in hopes of achieving this sense of belonging, including the visiting of prostitutes and nearly joining the clergy. However, it is not until Stephen realizes, as Joyce did, that his true calling is that of the artist that he becomes free of his unrelenting, self-imposed pressure to force connections with others and embraces the fact that he, as an artist, is fully realized only when he is alone. Stephen is painfully aware of his difficulty relating to others early on— the other boys at his first school mock him about his name and his family; his body feels "small and weak" amongst the other boys’ on the football field; he is pushed into a ditch. (Joyce, 246) Frequently, Stephen appears to mentally separate from himself and observe himself from outside Earth’s confines; he writes a progression of "himself and where he was" that reads "Stephen Dedalus†¦Class of Elements†¦Clongowes Wood College†¦Sallins†¦County Kildare†¦Ireland†¦Europe†¦The World†¦The Universe". (Joyce, 255) Though Stephen demonstrates by this list that he is all too aware of his own self and his technical place in the universe, his need to solidify this awareness to himself reveals his uncertainties about how he relates to his surroundings. "With a sudden movement she bowed his head... ...dom and power of his soul, as the great artificer whose name he bore, a living thing, new and soaring and beautiful, impalpable, imperishable". (Joyce, 433) Stephen is now fully able to create from within himself, without being dependent on others to feel whole. This is accentuated by Joyce’s description of the beach scene— "He was alone. He was unheeded, happy and near to the wild heart of life". (Joyce, 433) Stephen the artist is alone and needs to be alone, not to search in vein for companionship that, even if attained, could only drag him from his newfound freedom. This realization of self-fulfillment and self-control is the single defining point in Stephen’s education; it is the brushstroke that completes the "Portrait of the Artist as a Young Man." Works Cited: Joyce, James. A Portrait of the Artist as a Young Man. New York: New American Library, 1991.