The family must be patient in waiting

Enslavement is a grave problem that can't be disregarded. The more the compulsion is denied, the more issue it presents not exclusively to the junkie yet to the family too. Guiding is one potential arrangement on the most proficient method to move toward issues, for example, fixation. In any case, in advising, tolerance is needed.The family should show restraint in hanging tight for the moderate yet sure change that accompanies directing and furthermore persistence for the dependent relative. It will require some investment for guiding to produce results and it is a consistent procedure. Advising is characterized by and large as a procedure of investigating an individual’s life that relates to the issues causing enthusiastic torment or dissatisfactions while concentrating on improving their mental prosperity so that the customer will have the option to arrive at their maximum capacity after the program.An liquor and medication advocate manages the issues that could have caused the habit for the person. Before the real directing starts, the instructor must have the option to assemble well-suited and get the job done information and data with respect to the past and the current state of the person that needs counselling.Assessment or getting the premise information from the customer for treatment is one of the techniques utilized in advising. Upon section into the program, a sheltered and believing condition must be built up and afterward deciding the issue to be dealt with follows. In assurance of this issue, directing needs to include assessment.Assessment includes gathering relevant data and information about the customer. A few strategies that advocates use for appraisal incorporate subjective procedures, testing, conduct assessment and checking of past records, among numerous others.The information accumulated by the guide is then deciphered to have the option to plan a speculation or an analysis in regards to the client’s condition. In any cas e, appraisal isn't only a one-time undertaking. Evaluation should be dynamic and all through the program to guarantee that there has been an improvement in the customer. Since guiding is persistent, so is the surveying of the client.This can be of help to the treatment since whatever the customer is feeling as existing apart from everything else may change over the span of the advising. The goals that the customer has consented to meet upon today may must be changed as the days pass by either on account of progress or by retreat. Moreover, there may be new issues that rose because of the couple of remedial meetings that occurred as of now or there may be less issues than when the principal evaluation occurred.As previously mentioned, the appraisal of the customer can likewise be utilized as a reason for progress. Another accommodating device in surveying the customer is gathering and looking at the client’s past records. This is on the grounds that when just the customer is m eet and evaluated, the person may not know about the past issues or issues that the person in question was experiencing and thusly may conceal this from the present counselling.In expansion, these records might have the option to help the present advocate on what the past medicines done to the customer couldn't work, with the goal that the instructor would not put time and exertion in it. In enslavement directing, the imperative evaluation devices that are to be led all the time are the urinalysis and breath analyzer tests, notwithstanding oneself reports addictive behaviour.The Addiction Severity Index or the ASI, is a meeting that measures the seven fixation related zones which are medication and liquor use, clinical, family/social, mental, legitimate, and work/support troubles.As soon as the guide has made sense of what his activities or plans are, the customer would now be able to be occupied with the program. It is significant that the advisor and the customer have a type of ag reement or even a verbal concession to what the two of them intend to accomplish toward the finish of the treatment program. Thusly, the responsibility and the desires are both spread out in the open.Once the objective has been distinguished and the customer and advocate understanding is submitted into accomplishing it or least attempting to, an investigation procedure is begun upon by the counsellor.The guide will investigate on the various methodologies that the person can take to tackle the issue introduced before the person in question. There are a ton of arrangements and intercessions that the advocate can actualize yet the individual in question ought to be cautious in picking it.The factors that the individual ought to consider would be the ones that the person in question had the option to discover from the past evaluation that the person in question made. Now and again, to hear a second point of view, the guide can likewise look for a meeting to generate new ideas with thei r associates, though the personality of the customer isn't openly shared for classification purposes.When the investigation procedure is done and the advocate has conceived a methodology on the issue, he would now be able to browse the arrangements close by. Notwithstanding, picking one strategy or one arrangement presently doesn't imply that he can't change this all the while. Tweaking the methodology per client’s need might be important, yet it will consistently be the call of the guide to do such a move.

Topics For An Opinion Essay For 5th Graders

Topics For An Opinion Essay For 5th GradersChoosing the topics for an opinion essay for 5th graders can be a difficult process. You want to choose subjects that will allow your child to explore and express their thoughts, but you also need to consider whether or not they will be accepted by their teacher. Here are some tips on how to choose topics for an opinion essay for 5th graders.First, remember that the essay is intended to develop a child's knowledge about specific topics and provide them with skills that will be needed in the real world. In order to do this, they need to be introduced to and informed on these topics. This means that a topic for an opinion essay for 5th graders that is too advanced is not going to do much good.The second tip to follow when choosing topics for an opinion essay for 5th graders is to ensure that the topics are age appropriate. In other words, it doesn't matter how advanced the topic is, if it is not age appropriate then your child is just wasting their time. Additionally, you also want to make sure that the topics in the essay are relevant to their age group.Finally, make sure that the topic does not involve religious subjects, politics, sex, drugs, violence, or alcohol. As previously mentioned, many of these topics are very controversial. Therefore, by selecting topics that are not acceptable for these subjects, you are lessening the chance that your child will be taken off of the lesson plan for that week.If you feel that you may not be able to get your child to write an essay about a particular topic, ask their opinion on it, and then decide on another topic for that week. Often times, by doing this, the children will just not be interested in writing the essay and will just pass the assignment off to someone else. It is imperative that you go into this process with your child knowing that this essay is not for them, and that you have already chosen a different topic for that week.Once you have determined the topics for a n opinion essay for 5th graders, then you should prepare the essay. The first thing that you should do is write down the main topic of the essay and then write down the main ideas of the essay as well. Try to also include as many facts as possible, because if you only think up of one idea, your child will not be able to focus on the other ideas that you have included in the essay. This process can help you determine which ideas are more important than others, which helps you select the best topics for an opinion essay for 5th graders.It is also important to create a variety of essay assignments for your child. This can help them to develop different writing styles and can help them to gain experience in their writing ability. After all, if you have a variety of assignments to write, you will also have a variety of topics to choose from when it comes time to research the topic of the essay.Finally, make sure that you always read over the essays that you have prepared for your child. This is to ensure that you did everything possible to present the information correctly. Also, don't be afraid to have the children to rewrite parts of the essay if you feel that you may have left something out.

Doctors as Authority Figures in White Noise - Literature Essay Samples

In the novel White Noise, written by Don DeLillo, the Gladney family often succumbs to the supposed authority and superior knowledge of doctors. The Gladneys are extremely intimidated by the doctors and they feel as though the physicians are all-knowing and hold some kind of dominant power over them. Particularly, Jack is affected by the authority of the doctors after the airborne toxic event and his exposure to Nyodene Derivative. Out of the entire Gladney family, Jack shows the worst fear of the doctors and especially a fear of the information they retain. Because of this high authority, the doctors can make Jack feel uneducated and helpless, and feel as though his life hangs on every word the doctor says.During the scene in which Wilder cries incessantly and for no apparent reason, Jack and Babette decide to bring the crying boy to the doctors office in order to find out what could possibly be wrong with him. Just the thought of going to a doctors office causes Jack and Babette to panic. Jack and Babette attempt to prepare for the visit and they, tried to remember what hed eaten in the last twenty-four hours, anticipated questions the doctor would ask and rehearsed the answers carefully. (75). Jack says, It seemed vital to agree on the answers even if we werent sure they were correct2E Doctors lose interest in people who contradict each other. (75). The supposed high authority and omnipotent knowledge of a doctor throughly intimidates the couple. They were willing to go as far as lying to the doctor and risk receiving a false prognosis, if it meant that the doctor would see them as good parents. It seems to Jack and Babette that unless they have their act together and have practiced questions and answers ready for the doctor, that the doctor is probable to dismiss Wilder from his office without a proper diagnosis. It appears they feel as though they have to try and impress the doctor with how organized and together they are when it comes to their familys hea lth and their children.The trust in the authority of a medical doctor is shown to overpower the trust within the Gladney family. When Denise, their daughter who reads scholarly medical texts, suggests to give Wilder an aspirin and put him to bed, Jack and Babette disregard her idea and take him to the doctors office anyway. Ultimately, Wilders physician gives the Gladney family the exact same advice that Denise had previously suggested. When the doctor asks Babette why she didnt follow Denises advice she replies, Shes a child, not a doctor thats why. (77). Even though Denises advice is legitimate and Wilders condition was exceptionally trivial, Jack and Babette need to hear the advice from a higher authority before they could put their trust in their daughters opinion.Since Jack and his family put such high authority into the hands of doctors, they feel as though doctors arent so-called normal people and should be at the disposal of the public at all times and have all the answers to their patients questions. This point is displayed through the actions of Jack and Denise, who call Babettes doctor, Dr. Hookstratten, at his home after ten o clock at night. Jack seems to believe that a powerful doctor should be available all day, and every day to do his job and help concerned patients with their problems. However, Babettes doctor feels as though Jacks house call is completely unnecessary and out of line. Jack continues to insult the physician by describing Dylar as, a small white tablet . . . in an amber bottle (180). Dr. Hookstratten responds with, You would describe a tablet as small and white and expect a doctor to respond, at home, after ten at night. Why not tell me it is round? This is crucial to our case. (180). Here Jack displays his high expectations of a doctors knowledge when he expects the doctor to be able to identify the drug off the top of his head and with merely his mundane drug description.Not only does the Gladney family place a higher authori ty upon the doctors, the doctors also perceive themselves and want the patients to see them as having a superior authority and knowledge level above that of the common citizen. After his exposure to Nyodene Derivative and his fatal evaluation by SIMUVAC technicians, Jack frequently goes to his local physician, Dr. Chakravarty, for checkups, hoping to find out about the status of his health2E When Dr. Chakravarty tells Jack about his disturbing potassium levels, he talks as if the medical condition is beyond Jacks comprehension and gives him little to no information about his potassium problem. Could Jacks condition be so complex that the doctor couldnt possibly explain it to him in simple terms and stop flaunting his superior knowledge to Jack? The doctor responds to Jacks questions with such phrases as, There isnt time to explain. We have true evaluations and false evaluations. This is all you have to know. (260). He also replies with the statements, It could mean nothing, it could mean a very great deal indeed. . . . The less you know the better. (260). It almost looks as though Dr. Chakravarty isnt exactly sure what the problem is and doesnt want Jack to catch onto his lack of medical knowledge. Jack goes to the doctor looking for answers, but leaves with nothing but utter confusion of his condition and with an order to see a second physician.While Jack is visiting Autumn Harvest Farms, he is put through a series of bodily tests and the results to his tests are available for print out right away. The doctor tells Jack, I ask questions based on the printout and then you answer to the best of your ability. When were all finished, I give you the printout in a sealed envelope and you take it to your doctor for a paid visit. (277). The simple fact Jack cannot even see his test results immediately demonstrates the authority position that the doctors in White Noise uphold. Jack will probably leave the doctors office yearning to know what is going on in his body, b ut he cant open the envelope until he brings it to yet another doctor to be analyzed.Ultimately, that doctor reads into the section of the printout that shows traces of Nyodene Derivative in Jacks bloodstream. When Jack denies the fact that he has ever heard of the chemical the doctor replies with, The magnetic scanner says its here. Im looking at the bracketed numbers with little stars. (279). Also, before Jack leaves the office, the doctor hands him the envelope and reiterates, Your doctor knows the symbols. (281). Here Jack is bombarded with the fact his health and chances at death are represented by little symbols and scribbles that he cant understand even if he wanted to. He gives the doctor authority in this instance simply because he has no other option. Without the help of the doctors, Jack would never be able to understand the symbol jargon and he would never know the expectancy of his death.Another particularly interesting point is that Dr. Chakravarty originally sent Jack to Autumn Harvest Farms to find out more about his potassium problem. Not only did Autumn Harvest Farms not provide him with more information about his potassium condition, they sent him back to Dr. Chakravarty to analyze his test results. Here the authority of the doctors almost appears to be feigned. It seems that neither doctor can effectively analyze Jacks data and they keep sending him away for different opinions, hoping the other doctor can figure the results out. Basically, the doctors are giving Jack the runaround and are not providing him with any helpful information.When it comes to the Gladney family and their attitude concerning authority figures, Jack has the most developed opinion of them all. Jack has an intense fear of being brushed aside and ignored by an authoritative doctor. Jack comments, This fear has long informed my relationship with doctors, that they would lose interest in me, instruct their receptionists to call other names before mine, take my dying for g ranted. (76). His paranoia is centered upon having a doctor make him feel as though his dying is inconsequential or that his health is not a priority. Jack is simply afraid of being rejected by the doctor because he wants conformation that his life, or his death, is important in the eyes of authority. Jack also mentions that, Once youre shunted from the older doctor to the younger doctor, it means that you and your disease are second-rate. (179). He conveys the idea that younger doctors role in life is to treat the established doctors rejects. (179). Its a distinct message from the older doctor, a.k.a. the boss, that his problems arent as important as others. Jack makes it appear as though he believes that getting treatment from the younger doctor is an insult, and basically a slap in the face.Why is it that the Gladneys shake at the knees when in the presence of the assumed authority of their physicians? Why does Jack bestow all of his faith about his future into someone that is u ltimately just another human being? The answers to these questions can be summed up in two words: trust and intimidation. Jack and the Gladneys have little to no medical knowledge so their basic instinct is to put their trust into the hands of those who allegedly possess the necessary experience and expertise. Yet, with all the so-called authority of the doctors in DeLillos story of White Noise, not a single problem or sickness is diagnosed or treated.

Comparing Tekakwitha s Biographers Paint A Completely...

Tekakwitha’s biographers paint her in a completely pious life. She maintained perpetual virginity, renounced any intention of marrying, was adept at acts of self-immolation when repenting, and above all was a quiet and â€Å"behind-the-scenes† kind of woman. â€Å"As a child, the Jesuits relate, Catherine was shy, retiring, and good-natured [†¦] [and this] led her to shun social gatherings† (Greer 32). Apparently, a degree of social introversion and slightly abnormal behaviour are important criterion for an individual who is being evaluated for canonization. It is no doubt that Chauchetià ¨re and Cholenec see Catherine as fitting enough to analyze for this position of possible sainthood, but they actually do a disservice by not being completely accurate. In reality, according to Greer, Catherine was much more involved in her Mohawk community. This is an aspect where Greer’s account shines. He argues that the idea of Tekakwitha having the behaviour of an outcast seems â€Å"implausible† due to conflicting reports from many other Europeans (32). Women in the Mohawk community were â€Å"regard[ed] as the principal support of their families† but Greer goes on to explain that in earlier accounts, the Jesuits only mention Tekakwitha’s female relatives in passing, which is essentially problematic when historical accuracy is of such importance in hagiography (32-33). The recurring theme of paganism does to some extent explain why Chauchetià ¨re and Cholenec had to slightly alter their written accounts of

Effects Of Prolonged Sexual Abuse On Youth And Children

Abstract As the internet expands and the United States becomes a more interconnected nation through the use of computers, the conversation of sexual abuse has opened up a bit more. More and more people are discussing the events of sexual assault. There also appears to be a slight increase of support towards victims and the idea of speaking out. However, even if one was persuaded by this, essentially, web based support, there is a portion of untapped victims that, for the most part, are unable to encounter the internet world; children and preteen youth. Within my paper, I will provide a plan to counteract prolonged sexual abuse in youth and children. Introduction According to The National Center For Victims of Crime, â€Å"Self-report studies†¦show more content†¦There is very rarely, if at all, formal discussions explaining how to approach the situation. As a sexual assault survivor, I, myself, noticed a lack of knowledge on how to approach the situation. I was not sure who to go to, what to say, how to speak up and now I wish to provide a path for current victims to do so. Sexual Education isn’t taught often within many schools and if it is, there is almost never any information regarding sexual assault. To add to the issue, those who do seek justice aren’t always granted it. Convictions for sexual assault can be quite rare. It is often word against word due to lack of physical evidence. Even those who once had scars, often speak up when they are later in age, after the scars are long gone. That is one of the reasons it is crucial for a child to speak up as soon as it happens. These things often isolate the victim and adds to the idea of there being no way out. Research Design/Procedure As a solution to the issue, I would like to incorporate safe environments within schools that encourage speaking out against sexual abuse, or any type of abuse for that matter. I would like to place an 8 week course with Sumner Elementary School. Classes will take up about 30 minutes of instruction time at least once a week, dedicated to going about sexual abuse. The first tests will take place withShow MoreRelatedAmerican Psychological Association Defines Traumatic Event989 Words   |  4 Pagesadulthood. A 2013 study by National Survey of Children’s Health reported about 35 million children in the United States, almost half of the nation’s children population, have experienced one or more serious traumas().According to National Center of Mental Health Promotion and Youth Violence report, almost 26% of children witness or experience a traumatic event before the age of four. Reports from Substance Abuse and Mental Health Services Administratio n (SAMHS) in 2011 found 60% of adults report witnessingRead MoreNegative Effects Of Dancehall Music1224 Words   |  5 Pagesportrayal of sexual immorality, violence and drug abuse. The increase of promiscuous behaviors and sexual acts are common elements in dancehall music and the lyrical content tends to influence its youthful listeners. Some lyrics stress immoral sexual behaviors of young people. Songs such as â€Å"Suh Mi Like It† by Spice and â€Å"Fever† by Vybz Kartel can be used as references to depict this kind of behavior. The immoral sexual behavior of young people due to the stimulating effect of sexual music allowsRead MoreCauses And Effects Of Trauma Essay1285 Words   |  6 Pagesnatural disasters, but the most common and harmful to a child’s psychosocial well-being are those such as domestic violence, neglect, physical and sexual abuse, maltreatment, and witnessing a traumatic event. While some children may experience a traumatic event and go on to develop normally, many children have long lasting implications into adulthood. The effects of trauma can be looked at into two separate categories however, they both are interrelated: neurodevelopment and psychosocial development. Read MoreThe Social Phenomenon Of Female Juvenile Prostitution Essay1652 Words   |  7 Pagesthat young girls are finding their way into the complex system of prostitution is often met with disbelief (OJJDP, 2002). In order to understand prostitution, it is necessary to understand: 1. Lethal gender inequality 2. Incest and other childhood sexual assault 3. Poverty and homelessness 4. The ways in which racism and colonialism are inextricably connected with sexism in prostitution 5. Domestic violence, including rape 6. Posttraumatic stress disorder, depression, mood and dissociative disordersRead MoreChild Welfare And The United States Department Of Justice1692 Words   |  7 Pagesof American children are exposed to a type of violence every year (Finkelhor, D., Turner, H., Ormrod, R., Hamby, S., and Kracke, K. 2009). These forms of violence can be perpetrated by a victims home, community or school, with majority of children knowing the perpetrator(s). These experiences with violence whether primary or secondary, can cause serious psychological trauma to a child and in worst case scenarios death. The 2009 survey by the Department of Justice also found that children exposed toRead MoreCauses of Homophobic Bullying1551 Words   |  6 Pagesrefers both to the causes and the effects of bullying based on sexual orientation, simply referred to as homophobic bullying. Homophobic bullying is a phenomenon that is reviewed throughout scholarly literature and books, as well as popular culture. The causes of homophobic bullying are deeply rooted in social stigmas and prejudices against same-sex romance and sexuality, while the effects of homophobic bullying are personal (suicide, depression, substance abuse) and social (the perpetuation of intoleranceRead MoreThe Effects Of Drugs On The Academic Performance Of The Students1147 Words   |  5 Pagesbecause of peer pressure (National Institute of Drug Abuse). It is at this age when the teenagers and youths are seeking recognition and identity. The period of transition is not easy for them and therefore prompt them to carry out activities or take on behaviors just to be identified with a certain group that would make them appear cool in the eyes of their peers. Indulgence into illegal drug use often leads to acts of delinquency as well as sexual activities. Use of heroin affects the academic performanceRead MoreChild Abuse and Later Maladjustment in Adulthood Essay1603 Words   |  7 Pagesearly in their childhood. Abuse can be traumatic for any individual but it is especially troubling when endured at one of the most vulnerable developmental stages of the person’s life. Although intervention has been known to help dramatically, children can be easily manipulated into keeping the abuse a secret. For this reason, an emphasis is placed on the importance of professionals constantly interacting with children, being able to recognize the signs and symptoms of abuse, so that any suspicionsRead MoreDevelopmental Narrative : Developmental Development951 Words   |  4 PagesDEVELOPMENTAL NARRATIVE According to the Search Institute, children who possess strong support in both external and internal developmental assets are less likely to engage in poor community engagement, criminal behavior, and/or other health-risk behaviors. A study by Keith Zullig, et al, states, â€Å"Similar to a lack of developmental assets, lower levels of life satisfaction are related to increased violent and aggressive behavior, substance use, and risky sexual behavior† (Zullig, et al, 20011) . As noted, BrianRead MoreEssay on Is Censorship Justified?1174 Words   |  5 PagesIs Censorship Justified? Ever wondered the reason behind racial discrimination, sexual discrimination, children committing crime or violence? The main reason is that censorship is not properly imposed or there is a need of censorship in the society. Censorship is the suppression of ideas and information that certain people, individual, groups or government officials find it objectionable, offensive or dangerous on others. There are varieties of other definitions but all have in common the concept

Business Law of Australia Butterworths

Questions: 1. What common law duty and statutory duty if any has Julian breached? 2. What common law or statutory duty have Sol and Daniel breached? 3. If the directors have breached their duties do any of them have a defence and if not what are the consequences for them? Answers: 1. The corporations law in Australia is prescribed some duties for the directors of companies. The sources of these duties are the common law and also the Corporations Act, 2001 (Cth). Some duties they also be imposed on the directors by the constitution of the corporation. These duties have been imposed on the directors for the purpose of ensuring good corporate governance and also to ensure that the directors give preference to the interests of the corporation. The facts of the present case reveal that there has been a breach of duties by Julian as the director of Property Developments Ltd. These duties include the duties prescribed by the common law and also the statutory duties that have been mentioned in the Corporations Act. The duty prescribed by common law that has been breached in the present case is the duty of the directors to it bona fide. This duty is also called the duty of the directors to act in good faith (Woodgate v Davis, 2002). In view of this duty, the directors have to act in good faith and give preference to the benefit of their corporation. The statutory duty that has been breached by Julian is the duty of good faith. Section 181 of the Corporations Act carries the duty of good faith. In view of this duty, it is required that when the directors are using their powers and fulfilling their duties, it is necessary that the directors take action in good faith and they ought to also act for a proper purpose (Statewide Tobacco v Morley, 1990). The obligation imposed by section 181 is consistent with the fiduciary duty of the directors according to which the directors have to act bona fide (Lipton, Herzberg and Welsh, 2016). This obligation will be violated by the directors if they're going to use their powers improperly even if they believe that they are acting honestly. Another breach of statutory duty in these cases the duty of the directors that has been talked about in section 182. It has been declared by this obligation that the directors should not use their position improperly. It can be said that the directors have us ed their position improperly if they are going to achieve an advantage for themselves or for some other person or if they're going to affect a loss to the business. Julian wanted that her uncle Gerald should receive a benefit from the land deal that he was going to enter the Property Developments Ltd. in the same way, Julian had not told the other directors of the company that the architectural contract was going to be given to her brother Raphael. 2. It can be said that the two directors of the company, Sol and Daniel were accountable for violating their common law duty of care and diligence. Similarly, the two directors of Property Developments Ltd. can also be held liable for violating their statutory duty to prevent insolvent trading. This duty is present in section 588G, Corporations Act. According to this duty, the directors should prevent the company from trading if they have reasonable grounds to suspect that the company may not be solvent. In the same way, according to the duty of care and diligence, it is necessary that they remain aware of the financial position of the company at all times (R v Byrnes, 1995). This requirement includes information regarding the financial state of their cooperation. This is a very important duty and is not reduced even if the directors claimed that they have delegated this responsibility to some other person. Hence, the ignorance of the directors regarding the financial position of the company cannot be used by them as an excuse especially when such ignorance has been created by themselves (Harris, Hargovan, Adams, 2015). As a result of this duty, the directors are under legal obligation to ask questions related with the information that has been given to them by the employees of the company. By asking such questions, the directors can be assured that this information really signifies the situation of the business. Therefore the directors must not simply believe the information that has been given to them in the board meetings. 3. The common law business judgment rule has provided a defense to the directors. This rule has also been included in the Corporations Act and is mentioned in section 180(2). However there are certain requirements that have been fulfilled so that the directors and away the best provided by the business judgment rule. First of all, it is obligatory that the judgment is made in good faith (Vermeesch and Lindgren, 2005). The judgment is also required to be made for proper purpose and no personal interest of the directors should be present in the subject matter of such a decision. The rule also requires that they have gathered proper information regarding the issues related with the judgment and they should rationally consider that their decision is in the best interests of the company. However in this case, it cannot be said that these requirements have been fulfilled. The result is that the defense of business judgment rule cannot be used by the directors of Property Development Ltd. When the directors are held liable for breach of their duties, the consequences include civil as well as criminal penalties. The criminal penalties prescribed for the directors consist of a fine up to $200,000 and imprisonment that may go up to five years if it is found that the directors have breached the provisions of section 184 or violated section 588G. Among the civil penalties for the directors in such a case include a penalty for sum up to $200,000. References Harris, J. Hargovan, A. Adams, M. 2015, Australian Corporate Law LexisNexis Butterworths 5th edition Lipton P, Herzberg A and Welsh, M, 2016, Understanding Company Law, 18th edition, Thomson Reuters Vermeesch, R B, Lindgren, K E, 2005, Business Law of Australia Butterworths, 11th Edition Case Law R v Byrnes (1995) 130 ALR 529 Statewide Tobacco Services Ltd v Morley (1990) 2 ACSR 405 Woodgate v Davis (2002) 55 NSWLR 222 Business Law of Australia Butterworths Questions: 1. Advise Richard and his sons regarding the steps that need to be taken to incorporate and register a company? 2. The issue arises if Terry can sue Cosmo Mine Ltd (CM) which is the parent company of its employer? Answers: 1. In view of the facts of this case, it can be said that certain benefits will be available to Richard and his sons David and Liam if they decide to incorporate a company for expanding their business. As compared to the business section of a sole trader or a partnership, it is easier to expand the business in case of the business structure of a company. Although the costs associated with the registration of a company had hired as compared to running the business as a sole trader or apartment but in the long term, these costs can be treated as a part of business expenditure. At the same time, the mere registration of the name of the business is cheaper as compared to the registration of a company. However, after a company has been registered, there is no need to register the name as a business name (Sweeney, OReilly and Coleman, 2013). The reason is that in case of a company, the full name of the company, that ends with "Pty Ltd" is used by the business. In case of the ongoing costs, the business name registration has to be renewed periodically and a fee is charged by the government for this purpose. On the other hand, a registered company has to annual review fee to the ASIC. The major advantage that is present in case of the registration of a company is that of limited liability. In case of a company, the liability of the shareholders of the company is limited to the shares owned by them. On the other hand, sole traders and partners are fully liable towards the debts obligations of their business (Lipton, Herzberg and Welsh, 2016). Another significant benefit that is available in case of a company is related with tax. While individuals who are running their business under a registered business name only have to pay tax at the normal marginal rate, the companies in Australia have to pay tax at a flat rate that is less than the rate of tax charged from the individuals. The law also allows that a company can own property in its own name and similarly it can also enter contracts in its own name. In the eyes of law, after its registration, a company has its own legal identity (Graw, 2011). Therefore a company is treated as a separate entity that is distinct from its owners and directors. Before starting with the steps that are necessary for the registration of a company, it needs to be decided if the business structure of the company is most appropriate for the parties. In this case also, Richard and his sons have to decide if the business section of a company will suit their needs or if they should look for some other business structure. This decision has to be made, keeping in view the circumstances of the parties. For example in the present case, Richard's business is flourishing and his sons are also going to join the business. They want that the family business should be expanded and for this purpose, they want to select the appropriate form of business. Therefore, in this case the most suitable form of business will be the one that makes it easier to raise funds that will be needed for the expansion of the business. Another issue is that while Richard wants to name the company Ridali, his sons wants to name the business, "Rich's Guaranteed Olives". In this regard, it is worth mentioning that the registration of a company is different from merely registering a business name. White selecting the name of the company, there are certain issues that need to be considered. For example the name of the company cannot be identical with an existing name (Pentony et al., 2009). The parties can only use the name that is not identical with the name of an existing company or business name. Therefore it is a good idea to make name availability search for the purpose of seeing if the name that the parties not to give to their business, is available or not. However the law provides that if the parties have an identical name, such a name may be registered by them as the name of their company in some cases. It is also provided that their certain words that may mislead the people regarding the activities of the comp any and these words cannot be used, for example the associations with the government of Australia, Royal family or any organization of ex-servicemen. The name of the company should also show the liability of the members of the company and status in the name. For instance, if the liability of the members of the company is limited to any unpaid amount on the shares owned by them, in the name of the company is required to end with proprietary Limited. On the other hand if the liability of the members of the company is unlimited, the name of the company should end with Proprietary. On the other hand, if you want to display a different name, the option available is register such a name as a business name. Hence in the present case, Rich's Guaranteed Olives can register the business name as Ridali. The effect will be that the business can trade as Ridali and this name can be displayed on all signage. 2. The general rule that has been provided by the companies is known as the doctrine of separate legal identity of the companies. Salomon v Salomon (1896) was the case in which the court had presented this rule for the first time. While deciding the issue in this case, it was mentioned by the court that a corporation enjoys a separate personality in the eyes of law. In this way, according to the doctrine of separate identity, the law considers a corporation as having its own legal identity. Therefore the corporation enjoys the status of a distinct legal entity (Vermeesch and Lindgren, 2005). The result is that under the law, the company has been allowed to own property in its own name. Likewise, the liabilities of the company are also treated as its own liabilities. In view of the distinct legal identity of a corporation, the law allows a company to sue and be sued under its own name. Along with the doctrine of separate legal entity, there was the rise of the doctrine of limited liab ility of the companies. Consequently, the law treats a corporation as having its own distinct legal identity and in the same way, it is considered that a corporation has its own identity that is separate from the shareholders of the company. The result is the liability of the shareholders is restricted to the extent of the shares held by them in the company. Regarding the debts and liabilities of the company, the law provides that these obligations can only be enforced against the company. However, significant exception is present to the norm of separate legal identity. This exception is known as the doctrine of lifting the corporate veil. There have been certain cases when the court was of the opinion that it needs to move ahead of the norm of the distinct identity of the corporations. Hence, the court may decide to lift the corporate veil for the purpose of imposing liability on the persons who have ultimate control over the corporation. A similar requirement has also been described by the tort law according to which, in case of negligence, there is a need of the presence of a relationship of proximity between the parties. Similar case also exists with the norm of piercing the corporate veil. An example in this regard can be given of the case titled Barrow v CSR Ltd (1988) there is a need to hold the patent company responsible for the tort which were committed by the employees of its subsidiary company and as a result of which, another employee of the subsidiary comp any has contracted asbestosis. While deciding the case, the court arrived at the conclusion that it was not significant if the case can be described by using the principles of agency law or if the case is described by explaining the proximity that exists between the employees of the parent company and its subsidiary or if it is described in terms of control or even the help of the notion of lifting the corporate veil and in all these cases, the same ultimate result will be present. At the same time, they were the cases like Briggs v James Hardie Co Pty Ltd (1989). In this case, the issue that had to be decided by the court was only concerned with negligence. Therefore the court faced the problem for joining the doctrine of corporate veil with the principle of foreseeability and the general nexus mentioned under the tort law. In view of the decided cases, it can be said that the legal position in this case is that when the subsidiary company lacks the resources to compensate the party under the tort law, such party has an option to claim compensation from the persons who ultimately control the Corporation. In view of this legal position, in the present case also, Terry can claim compensation from CM or from Lazarus Pty Ltd. The reason is that the shareholders of CMS had unanimously decided to wind up the company and as a result, the only option available to Terry is to claim compensation from the newly formed company, Lazarus Pty Ltd or from the parent company, CM. In this case it is clear that Lazarus Pty Ltd has been formed by the shareholders of CMS for the purpose of evading the liability towards the residents of Gunbarrel and the former employees of the company who had contracted cancer as a result of drinking contaminated water. CMS does not have the resources to pay compensation to these persons. On the other hand, CM owns 120 out of the 200 issue shares of Cosmo Mining Services Pty Ltd. At the same time, Cosmo Mine Ltd had complete control over the operations of CMS. CM leased the mining equipment and then the equipment was subleased to CMS and the subsidiary company was required to pay a leasing charge to CM that was equal to the bank's leasing cost along with 10 percent extra amount. References Harris, J. Hargovan, A. Adams, M. 2015, Australian Corporate Law LexisNexis Butterworths 5th edition, Lipton P, Herzberg A and Welsh, M, 2016, Understanding Company Law, 18th edition, Thomson Reuters Pentony, Graw, Lennard Parker, 2009, Understanding Business Law 3rd ed Butterworths Stephen Graw, 2011, An Introduction to the Law of Contract, 7th Ed., Thomson Reuters. Sweeney, OReilly Coleman, 2013, Law in Commerce, 5th Ed., LexisNexis. Vermeesch, R B, Lindgren, K E, 2005, Business Law of Australia Butterworths, 11th Edition Case Law Barrow v CSR Ltd (1988) Unreported Briggs v James Hardie Co Pty Ltd (1989) 16 NSWLR 549 Salomon v A Salomon Co Ltd [1896] UKHL 1

Night Essays (649 words) - Holocaust Literature, Night,

Night Wiesel's Night is about what the Holocaust did, not just to the Jews, but by extension, to humanity. People all over the world were devastated by this atrocious act, and there are still people today who haven't overcome the effects. One example of the heinous acts of the Germans that stands out occurs at the end of the war, when Elie and the rest of the camp of Buna is being forced to transfer to Gleiwitz. This transfer is a long, arduous, and tiring journey for all that are involved. The weather is painfully cold, and snow fell heavily; the distance is greater than most people today will even dream of walking. The huge mass of people is often forced to run, and if one collapses, is injured, or simply can no longer bear the pain, they are shot or trampled without pity. An image that secures itself in Elie's memory is that of Rabbi Eliahou's son's leaving the Rabbi for dead. The father and son are running together when the father begins to grow tired. As the Rabbi falls farther and fa rther behind his son, his son runs on, pretending not to see what is happening to his father. This spectacle causes Elie to think of what he would do if his father ever became as weak as the Rabbi did. He decides that he would never leave his father, even if staying with him would be the cause of his death. The German forces are so adept at breaking the spirits of the Jews that we can see the effects throughout Elie's novel. Elie's faith in God, above all other things, is strong at the onset of the novel, but grows weaker as it goes on. We see this when Elie's father politely asks the gypsy where the lavatories are. Not only does the gypsy not grace his father with a response, but he also delivers a blow to his head that sent him to the floor. Elie watches the entire exhibition, but doesn't even blink. He realizes that nothing, not even his faith in God, can save him from the physical punishment that would await him if he tried to counterattack the gypsy. If the gypsy's attack had come just one day earlier, Elie probably would have struck back. However, the effect of the spiritual beating by the Germans was already being felt. The incident that perhaps has the greatest effect on Elie is the hanging of the pipel. He is a young boy with an innocent face who is condemned to death because he is implicated in a conspiracy, which results in a German building being destroyed. When the time for the hanging approaches, the Lagerkapo refuses to kick out the chair, so SS officers are assigned to do it. Unlike the necks of those he is hanged with, the young boy's neck does not break when he falls, and he suffers for over a half-hour. The suffering of the child is comparable to the suffering endured by many Jews during the Holocaust. He fought for his life, at times even seeing a bit of hope, only to be destroyed in the end. The Jews fought for everything they had, from their possessions at the beginning, to their lives at the end. The result, however, was the same. At the end of the war, Elie looks into the mirror, and says he saw a corpse. This corpse is Elie's body, but it has been robbed of its soul. This is similar to the loss suffered by people all over the world. Those not directly involved with the Holocaust were still alive physically, but their mind and spirit had long been dead. By the end of the war, Elie loses all of his faith in God and his fellow man, and this is the most difficult obstacle to overcome when he is released. Book Reports