Ethics Moral Business

Ethics Moral Business A) I chose readings â€Å"Ethics: A basic framework† to analyze first point. From this reading I have formed the view that, although, the markets are impersonal, but particular real persons act directly or through companies, as its managers, in these marketplaces. The mobility of employment, capital, produce and technology is making business increasing global in its transactions and its effects. Laws and market forces are necessary, but insufficient guides for ethical conduct. Moral values in business decision making is very necessary, without them stable business relationship is impossible. All people are very different, but still there are existing instinctive understanding about what is good – bad and what is right – wrong. Human actions are the primary subject – matter of our ethical judgments. By human action we mean behavior or activity that is deliberate. An ethical person always is more agreeable and he looks more reliable than unethical ones. Talking about business, an ethical human doesn’t look only agreeable or good manner person, he also looks honorable, trusted, conscientious and sincere. Ethical person is good partner; he is able to conduct successful negotiations and so on. So a good business human should always be ethical and observe some special rules, principles of conduct and moral values. The deliberate actions we designate as â€Å"ethic† or â€Å"unethical† are usually actions that benefit or harm other people or ourselves positively or negatively in some serious way. However, it’s need acknowledge, people can have different understanding about moral values and ethics. As I understood from readings â€Å"Ethics: A basic framework†, there are many definitions of ethics in society, but in my opinion, the ethic is a system of moral values and principles of market participants. Every person has an ethical set of beliefs or ethical principles. Most people think that cheating or stealing are wrong, promises ought to be kept and so on. Ethic in all its forms is concerned with intention â€Å"right† or â€Å"wrong†, â€Å"good† or â€Å"bad†. The word â€Å"ethic† has a number of meanings. According this framework, there four fundamental questions to which market participant must answer before acting ethically: Is the action consistent with the persons’ basic duties? Does it respect the rights and legitimate claims of the affected parties? Does it reflect best practice? Is it compatible with the persons’ own deeply held commitments? Explaining meaning of â€Å"duty† it should be note, that duty is a human action which is exactly conformable to the laws which require us to obey them. In one cases, basic moral duties involve specific obligations to particular parties (for example, to pay for good), in other cases – more general and open – ended (for example, banks’ duty to be cautions and careful before granting the loans). In common meaning, the natural rights are those which have no relation to the establishment, support, or management of the government. These consist, for example, in the power of acquiring and enjoying property and the like. However, the basic, essential rights like duties are determined in the codes or statutes. Ethical activity is such as it doesn’t violate other person’s rights and liberties (natural or fixed in the codes or statutes). Every person must have a responsibility to respect human rights and democratic institutions. Also recognize government’s legitimate obligation and support public policies and practices that promote human development through harmonious relations between business and other segments of society. Best practice – It are the certain posit principles and standards of excellence, which are desirable, but not necessarily obligatory. Ethical activity isn’t activity, which mere doesn’t violate others persons rights and liberties, however, it must correspond to best practice. Moral commitments are often involve in behavioral rules, such as keep promises or respect property rights., however, in general case, moral commitments are wider person’s obligations than law establishes and it depends on person’s outlook, moral values and etc. For example, the companies have a responsibility to provide theirs customers the highest quality products consistent with their requirements and to ensure its maintenance thought guarantee was over. Or, the company should listen to their employees and act on theirs suggestions, ideas, requests and complains, avoid â€Å"silence† discrimination and guarantee equal treatment and opportunity in areas such as gender, age, race and religions. Presented framework in the article â€Å"Ethics: A basic framework† consist of three main stages: Understanding the facts; Identifying relevant standards; Maintaining objectivity. At first stage, the company has to traverse what it has to do and to forecast possible result of its activity. The analysis, according this framework, consists of three basic components: Identifying the parties likely to be affected by the action; Mapping for each party the positive and negative consequences; Evaluating proposed action against ethical standards (duties, rights, best practice and commitments). At second stage, the company must decide what ethical standards (company’s own code, industry standards or other) will be applied. The last stage – maintaining objectivity. Company must evaluate its ethical judgment reference to various tests. It this case it were given three questions to which company must answer before acting: Would company be comfortable if target action were described on the front page of a respected newspaper (evaluating how company’s actions may be viewed by society); Would company be comfortable if everyone in a similar situation did this (evaluating what would happen if company’s action became the general practice); Is this how I’d (to have in mind manager of company) like my leadership to be remembered (manager’s self – evaluation)? Generally speaking, ethic is very necessary and compulsory for every person (both natural and legal). Business person should be ethical especially. Human actions are not the only subject matter for ethic. Besides action, ethic examines and evaluates social practices, organizations, institutions, and even social, political and economic systems. Good manner and compliance business principles always help to communicate with others, to negotiate, find reliable partner and expand successful business. If a business person agrees with employees, the customers trusted him, if owners and suppliers do not doubt him; every activity will be fortunate and profitable. B) I chose â€Å"IKEA’s Global Sourcing Challenge† Indian Rugs and Child Labor† case to analyze second point. Because the problem of child labor is very tender subject currently, now children have received more attention than before (the word â€Å"child† is understandable as any person below fifteen years of age, unless local minimum age law stipulates a higher age for work or mandatory schooling, in which case the higher age would apply; if, however, the local minimum working age is set at fourteen (14) years of age in accordance with exceptions for developing countries, the lower age will apply). Child labor is understandable as the employment of children under an age determined by law or custom. Human Rights Watch, the largest human rights organization, in their homepage announces, sustaining International Labor Organization (ILO) data, that 250 million children between the ages of five and fourteen work in developing countries – at least 120 mil lion on a full time basis. Sixty-one percent of these were in Asia, 32 percent in Africa, and 7 percent in Latin America. Most working children in rural areas were found in agriculture; urban children worked in trade and services, with fewer in manufacturing, construction and domestic service. The reason of this view to the children – in the early twentieth century it was acknowledged that childrens rights are distinct from those of adults and it must be protected much more. The United Nations in 1989 adopted the Child Rights Convention, which established that children have special rights to protection and special rights to development. But it’s necessary that these rights would be realized in practice. The both individual person and companies must understand clearly meaning and important of Child rights and Child Rights Convention. The IKEA is very proper example of company, which tries to ensure rights of children and promotes negative view of society to illegal child labor in all world, especially, in third world countries (India, Pakistan and etc.). As I understood from readings, IKEA follows by the Child Rights Convention, collaborates with International Labor Organization (ILO), International Organizations Save the Children and UNICEF. Below I will present the main importance points of IKEA activity related with the children rights. In my opinion, the one of most important matters is to acknowledge that problem exists. In this case, IKEA understands and knows that child labor exist in various countries (India, Paskistan and etc.) where IKEA products are manufactured, but IKEA refuse child labor at its suppliers (it must be mentioned that IKEA supports the legal employment of young workers). Possibly, child labor was and is normal traditional phenomenon in some South – East Asian countries and IKEA allows to different cultures and values in countries where IKEA operates and sources its products. However, it does not compromise on the basic requirements regarding the Child Rights Convention. To ensure rights of children IKEA works actively to prevent and detect child labor. At first, IKEA established Childrens Ombudsman (first in 1998, Barner), who is responsible for ensuring that IKEA would operate in such way that wouldn’t violate the best interests of the child. Its work complies with the UN Convention on Child Rights Convention. Also, IKEA has a special code of conduct called The IKEA Way on Preventing Child Labor, which is a part of  The IKEA Way on Purchasing Home Furnishing Products (IWAY). The IKEA Way on Purchasing Home Furnishing Products code is invoked to all suppliers and their sub-contractors. Next – monitoring of compliance to The IKEA Way on Preventing Child Labour is done by IKEA trading service offices and with unexpected visits by internation audit company’s KPMG auditors at suppliers and sub-contractors in South East Asia. If child labor is found, IKEA requires the supplier to act in the best interests of the child. The supplier must implement a corrective and preventive action plan, including education and training. If corrective action is not made within an agreed time frame, or if further violations occur, IKEA terminates all business relationship with the supplier and their sub-contractors. The complexity of the child labor issue requires contribution and influence of many parties (countries’ governments, international organisation defending human rights and etc.), not only IKEA. IKEA understands that problem of child labor can’t solve by economic blockade. By co-operating closely with International Organizations such as UNICEF and Save the Children, the IKEA Social Initiative tries to create the general support structure necessary to tackle the root causes of child labour and achieve a sustainable solution. The IKEA Social Initiative supports a project, run by UNICEF, promoting childrens rights in the northern Indian state of Uttar Pradesh, from where IKEA sources many of its carpets. The aim is to prevent and eliminate child labor in the carpet belt by addressing root causes such as debt, poverty, lack of access to education disability and ill health. Despite to putting forth, IKEA confronts with child labor yet. It should be note that this goal (to eliminate child labor) can’t be achieved straight away. Only complex strategies that involves access to education opportunities, open avenues for gainful employment and eradicate parental illiteracy can eventually eliminate child labor. C) I’m working in AB DnB NORD bank – I’m the Head of Special assets department. The Bank is part of the DnB NORD banking group registered in Denmark. This holding was established by Norway’s largest bank DnB NOR and North Germany’s largest bank NORD/LB. As I understood from readings and discusses it’s very important that each employee of AB DnB NORD bank exercises due care and refrains from acts that could weaken confidence in and is loyal to AB DnB NORD bank. To achieve this goals each employee must know AB DnB NORD bank’s vision, values, policies and procedures. If in doubt as to whether certain action is allowed, the employee of AB DnB NORD bank must abstain from it. A bank is a very specific company, the high requirements of ethics is applied to it and its employee. According my understanding about ethics no employee may participate in or seek to influence a decision where special circumstances exist which might bring the issue of his or her impartiality into question. Such a circumstance could be any connection with the matter under consideration, e.g. through relatives, close associates or financial interests, etc. An employee is also not authorised to take decisions if circumstances exist that may lead others to believe that he or she promotes interests other than those of AB DnB NORD bank. This also applies to actions undertaken by the employee as a private individual. I think, that employees of my organization must exercise due care in situations where their integrity could be questioned. No employee or close associate shall require, receive or accept any offer of â€Å"undue benefits† from bank’s business connections. Nor must any employee give or offer others undue benefits. AB DnB bank employees can see various personal data of customers. By my opinion, employees in AB DnB NORD bank following by perception of ethics can’t, via the computer systems or in other non-public sources, to actively seek information about colleagues, customers or third parties when they do not need to be privy to such information in order to carry out their work. As a part of ethics, especially in the banking system, is observance of confidentiality. It’s essential to ensure that confidential information is not misused or passed on to unauthorised persons. Employees of AB DnB NORD bank group would be recommended to refrain from other activity if it that may lead to believe that it could have negative impact of the employee’s performance in AB DnB NORD bank group or weaken confidence in AB DnB NORD bank group. However, in my opinion, it wouldn’t be violation of ethics if employee would participate in clubs or associations. To avoid conflicts of interests, parents/children or spouses/partners should not work in the same structural unit if one of them is a immediate superior to the other. Nor should such persons hold positions where they have the opportunity to prevent, evaluate, approve, audit, control or in any other way affect the work of the other. For this perception of ethics to be effective, it is especially important for each employee to continuously value his or her activity in relation to ethics rules. All employees in a managerial position have a particular responsibility for ensuring that their conduct as well as that of their subordinates complies with the Code of ethics at all times. It would useful that companies, especially banks, insurance companies and other companies, which activity is related to upper trust of society, would have the policy of ethics, which would be is an integral part of the employment agreement and rules of internal work procedure of the companies and the employees will be familiarised with the policy of ethics. The employees non fulfilling, non-complying or ignoring the regulations of the Code of Ethics shall be subject to disciplinary punishment. Depending on the degree of breach of the Code of Ethics, employee‘s guilt and resulting outcome, the employee may imposed to disciplinary punishment, including dismissal from the position without notice.

Juvenile Detainees Essay

Criminal Justice and the juvenile justice systems are almost the same but are different. When corrections’ officials have to deal with juvenile detainees, such a situation needs to be dealt with care. In identifying such situations, we will look at child development, punishment and deterrence. Juvenile detention officers work with incarcerated youth. Although juvenile detention officers deal with many of the same realities as other corrections officers, juvenile detention officers have the opportunity to assist young offenders in their attempts to be rehabilitated into responsible adults. In a sense a Juvenile detention officer is the perfect blend of a jailer and social worker. While the Juvenile detention officers must be alert and tough enough to work with young criminals, he or she must also be committed to helping troubled youngsters change their life. Since Juvenile detention officers work with youth, they have to see to it that young offenders receive all the services they need and that they are meeting their legal and therapeutic obligations. As such, Juvenile detention officers are responsible for making sure that inmates arrive on time to appointments within their facility and outside of it. According to the Florida Department of Juvenile Justice, a juvenile detention officer, â€Å"Prepares detained youth for court appearances, transports and escorts detained youth to medical, criminal justice, social services and judicial facilities as needed according to departmental and facility policy and procedures.† Of course, this implies keeping track of incarcerated youth and not letting them flee. Aside from insuring that juvenile offenders receive proper care and keep appointments, juvenile detention officers teach wayward youth how to function in society by acting as models of proper adult behavior. For instance, juvenile detention officers in Kitsap County, Washington are expected to † Assist juveniles in cultivating appropriate social, behavioral, and interpersonal skills and attitudes useful in community living; lead recreational activities and give instruction in games.† Juvenile detention officers may also lead the youngsters in cleaning and maintenance activities in order to model good hygiene and to demonstrate proper adult housekeeping habits. Although there is an emphasis on rehabilitation and inmate care in juvenile correctional facilities, juvenile detention officers are subject to the hazards of working in a locked facility with young criminals. In addition to rehabilitation and treatment related activities, juvenile detention officers may have duties similar to those of any other corrections officer. The Bureau of Labor Statistics notes that the duties of detention officers include searching for contraband, weapons and drugs, resolving conflicts between inmates, and â€Å"enforcing discipline.† This means monitoring vehicles and packages coming in and out of locked facilities as well as frequent personal and room inspections. Juvenile detention officers are, of course, responsible for knowing the whereabouts of all inmates and preventing them from leaving the locked facility. Laws we have regulated the way we have set up punishment for juveniles. The punishments we have in tact usually serve to rehabilitate the juvenile to do better in the future. Our laws have extended that to sealing juvenile records for the sake of protection. Juvenile crime and punishments can be different from the types of punishments that are ordered in adult criminal cases. The first court established expressly for juveniles was built in Chicago in 1899 to address the issue of juvenile crime and punishments. Juvenile crime and punishments peaked in 1994. The 1990s saw a swell of public scrutiny over the perceived juvenile crime epidemic. In an effort to crack down on juvenile crime and punishments, many state legislatures have adopted harsher laws regarding juvenile crimes. In my opinion, the best two ways to prevent juvenile crime is strengthening families and education. In American Samoa, a block grant was introduced and tested from 2002 to 2004. This block grant was for Preventing Substance abuse targeting the families and children. The idea behind the program was to seek if a problem existed, what the effects of substance abuse and how it can be fixed. The interesting factor and I suppose the most important was how the Samoan family evolved from closely knit and knowing every aspect of their children’s whereabouts to children becoming simple renters in the parent’s homes. Long story short, American Samoa was awarded funding for 10 years or so long as the program is needed. The theme of the program was strengthening families. I believe that it is an important part in anyone’s life. Sociologist’s believe that one’s environment affects one’s way of life. However, in some unfortunate cases, not everyone has the chance to grow up with a traditional family. The idea is, one’s family should be the biggest and the most important supporters in their lives. We define our familes different, whether it is a mother, a father, brother, sister, grandparent or even your best friend’s family. The point is having the sense of strength in one’s home is important to one’s success or failure. Strengthening families can be accomplished by offering help to those that need it through information and education. Which leads to my second point is education. Juveniles feel lost as do most of us that don’t know what to do or which direction to head to. Through education we get an idea of where we would like to go in our lives. Some juveniles do not have access or do not see the importance of education until there is support, programs, and resources available to them. We promote education through the media and all sorts of things, but are we really making it available for everyone? My mother in law always tells us, children are like cameras, they take images of everything around them. The product of these images are the problems we face today. Reference: Seiter, R. (2011). Corrections: An introduction (3rd ed.). Saddle River, NJ: Pearson Education, Inc

Godards Breathless Essay Questions - 1553 Words

Vanishree Gandhi Godard’s Breathless 4. In a world where there are no ultimate reasons for action, how does Michel find freedom to act and to live creatively? Why does Patricia, who shares Michel’s nihilistic world-view, draw the opposite conclusion from it? Why is she only capable of negative freedom expressed as independence in the course of the film? In the movie Breathless, written and produced by Jean-Luc Godard, is a French film about a thief named Michel Poiccard, who spends his time in Paris persuading his girlfriend to flea with him to Italy while being chased by French Police for killing a cop. Through this essay I explain my claim the Michel and his lover, Patricia represents the two types of individuals philosopher Friedrich†¦show more content†¦Goddard supplies us with many clues to convey this; firstly is here appearance, since she has the popular and socially accepted long hair and ELLE beauty magazine lying her bed. She also has pictures of actresses taped to her dresser, which indicates her envy for an outward persona that flourishes in society. Secondly, when Michel if she is still following her dream to be an actress ‘in the movies’ she responds, â€Å"No. You gotta sleep around.†, which shows her unconscious actions to follow society conventions that condemn female promiscuity and thu s give up her dream, rather than to sleep around in order to follow her own dreams. Lastly, on a wall in her room she had begun spelling out the French word ‘Pourquoi?’ which means ‘why?’ but did not complete it. This is Goddard’s largest clue; while she is aware that the basis of her actions, and thus her morality, is questionable, she is not motivated to search for the answer, just as most people who live by societal conventions. Nietzsche suggest the alternate path of morality based on faith in oneself. ‘One could conceive of such a pleasure and power of self-determination, such as a freedom of will’. To go down this path, one must become aware that their actions can be their own, rather than in accordance with faith in God. In the movie, for example, while in a taxi on the way to Patricia’s office (The New York Herald Tribune), Michel and

Planning Your Future - 915 Words

PLANNING MY FUTURE 2 Planning my future is vital to me; it is like designing a solid foundation for me and for my family. During these irregular times in our economy credentials play a vital part on the amount of opportunities that I have access to. In this essay I will talk about what steps I will take and what challenges, accomplishments, and experiences I plan on taking on while implementing this plan in my everyday life. Here we go, why did I want to attend college? I am†¦show more content†¦Growing up using technology will aid me in this endeavor while attending college through the internet. Since I was in Jr. High I have been using the internet to research problems I was having with homework or just using it to aid me in m y work. Being exposed so often to learning online has, without a doubt, become an incredible benefit to me over the years. I think it has instilled a great personal interest in continuously educating myself as well, although I am comfortable learning this way I am starting to learn that I can gain a better understanding of the information made available to me through this course. While in the Army I have acquired a considerable amount knowledge attending NON COMMISIONED OFFICER schools, which has put more systems in place that require soldiers to use technology whether it be creating power point presentations, to training on vehicles through computers, writing reports, or researching data. I will use these skills to help me though my studies, although they are quite different, I feel that IShow MoreRelatedHCS 589 week 1 Strategic Planning Report paper DAB1562 Words   |  7 Pagesï » ¿ Strategic Planning Report Diedre Brown HCS 589 April 6, 2015 Deborah Laughon Strategic Planning Report A strategic planning report is to explain how the use of the tool will benefit an organization in the health care industry. 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Homeless Youth And Lgbt Youth - 2226 Words

Introduction The Palette Fund, True Colors Fund, and the Williams Institute joined forces in conducting a web-based survey from October 2011 through March 2012 designed to assess the experiences of homeless youth organizations in providing services to LGBT youth. The Lesbian, Gay, Bisexual, and Transgender (LGBT) Homeless Youth Provider Survey also assessed the prevalence of LGBT youth within the homeless populations being served by these organizations. According to their findings, as many as 40 percent of homeless youth identify as LGBT. The most common reason found to have caused homelessness amongst LGBT youth was family rejection after coming out. The next most common reason for LGBT youth homelessness was being forced out of their homes by their family as a result of coming out. It is often difficult for parents that are just learning that their child identifies as lesbian, gay, bisexual, or transgender to process the news and adjust smoothly. If more parents sought guidance in how to adjust to their son or daughter coming out, then perhaps the number of homeless LGBT youth would plummet. As society evolves, so do views about being part of the LGBT community. People have begun to slowly begin to acknowledge that there are many diverse ways to live, which happens to be one of the characteristics of post-modernism, and therapists are now talking about different ways to help those families with members who identify as LGBT. Although coming-out is still not somethingShow MoreRelatedA Research Study On The Lgbt Homeless Youth Essay1660 Words   |  7 PagesThese costs and effects are in are in another research project. Markus Bidell, Professor of Education at CUNY, research stress levels in the LGBT Homeless Youth. â€Å"Is There an Emotional Cost of Completing High School? 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But, little do people know that there are many homeless youths that are either lesbian, gay, bisexual, or transgender. Yes, many reasons play into why a youth could be without a roof over his or her head and the sad part of this issue is that one of many reasons. ParentsRead MoreHomelessness Is An Epidemic That Plagues Many People Across The United States1142 Words   |  5 Pagesbisexual, or transgender, living homeless can become especially difficult. Young people of the LGBT community are being put out of their homes, rejected by their families, and shunned by their communities in which they live because of their sexual orientation, something that they themselves have no choice over. This is because of prejudices that are put out by the community as a whole. It is difficult enough growing up as part of a minority group such as the LGBT group, but add homelessness intoRead MoreThe Psychological Symptoms And Disparities Of Gay Youth And How They Outstandingly Differentiate From Their Homeless Heterosexual Counterparts1154 Words   |  5 Pages1. Rosario, M., Schrimshaw, E.W. Hunter, J. J Youth Adolescence (2012). Authors Rosario, Schrimshaw, and Hunter in this article, documents the very high rates of homelessness among lesbian, gay, and bisexual youth. However, this study is primarily focuses on the psychological symptoms and disparities of gay youth and how they outstandingly differentiate from their homeless heterosexual counterparts. After further investigation they had begun to examine potential mediators between the two such asRead MoreLgbt Community : A New Culture Of Individuals943 Words   |  4 PagesFaces of American have changed, a new culture of individuals who identify as the LGBT community. LGBT stands for lesbian, bisexual, transgender and questioning. This new culture of individuals are free spirited individuals who want to be accepted as an Americans and exercise their constitutional rights. Not only is the world not acceptant of LGBT community most often the first sign of discrimination against these individuals start at home. Many cultures, races, and gender have battled it out on AmericanRead MoreThe Problem Of The Lgbt Homelessness852 Words   |  4 Pagesonly certain races are homeless but that is not true. Thirty nine percent of Non-Hispanic whites are homeless compared to seventy six of the general population. Forty two percent of African-Americans are homeless compared to eleven percent of the general population. Thirteen percent of Hispanics are homeless compared to nine percent of the general population. Four percent of homeless are Native-American compared to one percent of the general population. 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While the exact number of youth among the homeless is hard to determine, given various information about homelessness available and the age range that is considered youth, a 2012 survey from the Department of Education shows that 52,950 unaccompanied homeless youth were reported through school-based programs (Sparks 31). Homelessness among youth can be overcome or at least reduced, by reducing family

History of Ballet Free Essays

Ballet is one of the most beautiful, graceful dances known to the dancing world. From the tutu to the pointe shoes the need to see the expression of the steps given. Being able to see how the illusion of a flying princess is one of the most mysteries that come with a ballet show. We will write a custom essay sample on History of Ballet or any similar topic only for you Order Now The history of Ballet has evolved into one of the most well-known type of dances in the world this is from only the men having roles in the ballet to women being able to express emotion. History Then: Ballet started in the late 1400s during the Renaissance. When Catherine de Medici who married King Henry the second of France know for throwing large parties. These parties would last for 8 hours straight of music, food, dancing and other entrainment. These parties would be held for the King, Queen and nobles plus military. With these big beautiful parties going many got interest in this dancing the people saw. Now by the many people of the noble and military began to study dance. This study of dance was now today called ballet. King Louis XlV the worlds first ballet school in 1661. Till this day the position that were used in school back then are used today to keep the tradition alive. Since ballet was born in France most of the position and steps are in French. For example Grande pose means big pose and this is when one arm is in second position, and the other is in third position. With the years over time around the 1800 the new style of type of ballet was born called Romantic ballet. The new style brought ballet to be more less with costumes because its a lot lighter and less restricting when it came to show skin for the females who were dancing. Plus women started dancing on pointe and preformed roles that were graceful and fairly like roles. With this came impressive partner work and lifts were added. There are three man types of ballet one is Italian Ballet it’s dancers are known for their ability to execute different steps and turns. Second is French and their known for how elegant and graceful the dancers are. And last but not least is the Russian ballet is known for their extreme emotional expression and is also the combination of the other two ballets. With ballet being going from all men to women, it has proven that this dance will continue to change. History now: Ballet has kept its classic and elegant movements the same but the way they see the female dancers has change the look of it. With ballet there are little dark secrets that are hidden and with it. No matter how nice the dance is there is going to be women that want look better than the next girl on the barre. The old look for dancers was to be short and have muscle because being on pointe is very hard. But now sense society wants girls to be all skinny so ballet with that took it to the extend. And with this many higher schools require their girls to not be on diets so that their fat they eat will be burned up by the end of practice. Having the thought many of the parents of young daughters are brought in to have a talk about how they can portion out their kid and also talk about the training they need to make a career out of this. But ballet is not all bad it has become to know with the more modern song, in which mean that ballet has became also fast beat and sassy when it came to the girls role. No matter what there is there is a fence with ballet that many love it or hate it just depends what side you’re on. Play one Giselle: Giselle is one of the few many famous ballets still know in the ballet world today. A little about this ballet is a peasant girl in a village that was surround by hills in the medieval days. With that there is a Count name Albrecht who dresses up as one of the peasants who lived at the village. So going down there he meets a village girl by the name of Giselle who was very much so pretty. The town didn’t like the noble Count to be dating this peasant girl and her mom didn’t think that her daughter could handle falling in love with someone so soon knowing that a heart break could happen. Giselle later goes to die because of being so mad and filled with grief. When she dies she has to be a ghost for her man from being thrown in the lake because the Queen wants him to dance. At the end she save him and returns back to her grave where she lays. This is a very beautiful ballet but the work the dancers do in the behind the sense is way more to make it the ballet it is. One of the activities is the main character has intermission which is a break in between plays and for this the ballerina must change in a gown and white powder also wings to get that ghostly affect. When dancing the ballerina will slam her pointe shoes on a hard surface so that they are soft, so when on the dance floor they will not make a sound. The dancer must transform the thoughts of a human to the thoughts of the spirit she will dance. A quote from the Cynithia Gregory stated that â€Å"Every step is like a sentence, with the dancer talking to her partner is the audience†. This quote means that dance is like a mine in which a dancer must be able to portray the right emotion and expression that the ballet set for them. Giselle is a love story many can and cannot relate to but many people say it is just beautiful to see. Play two Nutcracker: The Nutcracker is one of the Christmas tales that everyone can see. This ballet is about a family who has a Christmas Eve party at their house and a magician was invited to come. With that he brought gifts in which the gifts seem to come alive. So then there were life size toys that these boys at the party are attacking and Clara the main character doesn’t like the fighting and begins to cry. So the magician gives her a doll which is a Nutcracker doll, the little boys start to get jealous about the getting the doll and them nothing. Instead the boys take it and break it; Clara at night goes to bed and finds at that when she creeps down stairs to find a live size nutcracker doll fighting with toy mice and toy soldiers. Once the nutcracker fights all them he turns into a handsome price who takes Clara on an adventure kingdom and other places. At the end Clara gets back home and still doesn’t know whether the trip she took was a dream or not with her price. The Nutcracker is not just for young people, it’s all ages just because everything is there romantic, action, comedy this ballet is a great family one. Play three Swan lake: Physical Demands: Ballet it’s self is a physical demand on peoples bodies and can cause things to go wrong. Ballet movement aren’t in the human nature to do just off the back, that why training is so important. But don’t let the pretty tutus and the amazing make up fool you the pain a dancer goes through can wipe off of anyone. The lower legs and foot of ballet dancers is impact in their movements. This increases the pressure on the knees and can cause sprains real fast. In point shoes the toes nails split so this will happen when in a show where there is no time to switch shoes so they dance it out and most likely the toe nail is gone and you must peel it off and put a band aid on t and continue dancing with a smile. The pointe shoes in not comfortable for the dancers it is just a new way of dancing so there is a box shape in the shoe which can cause cramping and from that can cause blister that mainly burst right during a show or practice because you’re constantly on them. Some of the injures a ballet dancers get are hyperextension of the spine, hip tentinitis, and k nee and ankle complications. How other dances relate to ballet: 2 famous ballet dancers: Conclusion: How to cite History of Ballet, Papers

Liability of Company and Corporate Veil †Myassignmenthelp.Com

Question: Discuss About the Liability of Company and Corporate Veil? Answer: Introducation The investors who take risk to form a company usually have the guarantee the risk of debts and any liability usually will fall own the company because it is a separate legal entity and can sue and be sued in its own capacity. However, it bears noting that some investors such as is the case of Australian Careers Institute and the Sage Institute of Fitness, abuse the limited liability principle and the concept separate legal personality. The following two legal issues will apply to the Sage Institute of Fitness case study. Limited Liability of Company and Corporate Veil The concept of limited liability was established in the leading case of Salomon v Salomon Co Ltd[1] introduced the idea of separate legal personality of a company. Ideally, separate legal personality connotes that a company has a separate legal persona form the members of the company, the shareholders and the directors who have invested in it. [2] Under Australia law the principle of separate legal personality of a company has been provided under section 124 of Corporations Act 2001. In the case of Lee v Lees Air Farming Ltd[3] it was held that a company by having separate legal personality liability of the company is limited. Limited liability of a company means that the shareholders and directors are not liable in case any debts arise.[4] This implies that the shareholders have the assurance that they are protected from the effects of bankruptcy rules and insolvency during winding up of a company.[5] Because of the separate legal personality and limited liability of the company th e corporate veil is created which shields the shareholders of the company. However, the veil of incorporations may be lifted by the court if the company has is a sham and does not conduct the business it claims to in its article of association. Therefore, it has been held in Atlas Maritime Co SA v Avalon Maritime Ltd (No 1)[6] that when the veil of incorporation is lifted the shareholders of the company become personally liable for the debts of the company. The veil may also be lifted to prevent fraud or where the company formed is a sham and was merely intended to escape contractual or legal liability.[7] The principle lifting the corporate veil will help to prevent the mischief of the beneficial owners of Australian Careers Institute and Sage Institute of Fitness. The investors of the company will thus be personally liable for all the liabilities and debts which are being extended to the students and the stake holders. CompanyOfficer/Director Duties: Misleading and Deceptive Conduct Under section 180(1) of the corporation act the director has the duty to ensure that the care and due diligence that is expected of a reasonable person in his position.[8] These duties may also breached by the company officer who is regarded as any person who takes part in the decision making process of the company that in the end affects the entire business. In Lagunas Nitrate Co v Lagunas Syndicate[9] it was held that a director or company officer must act for the benefit of the company and that which is reasonable within his power after exercising his knowledge. According to section s1041H (1) a director or any company officer has the legal obligation to avoid practicing misleading and deceptive conduct during trade or any financial activity.[10] The main reason behind the sanction imposed by the duties given on directors is to protect investors of the corporation. As a matter of course, section 12DA of the Australian Securities Investment Commission Act prohibits any person from doing an act that is misleading or deceiving or is likely to do so while pursuing a financial activity. Based on the fact that this duty arises to persons dealing with a corporation or any business transaction it therefore means that the rule also applies to directors. It was noted in the case of Taco Bell of Australia Inc. v Taco Bell Pty Ltd,[11] that the information that is said by the director must actually be have a misleading and deceptive effect on the audience that the information targets. The audience that is being targeted by the representation must make a reasonable assumption that is not withdrawn from fanciful assumption.[12] In Australian Competition and Consumer Commission v Singtel Optus Pty Ltd[13] the court decided that if the intention of a director was to deceive and mislead if the information did not attain the desired result, the director will still be liable. The directors Australian Careers Institute and Sage Institute of Fitness will thus be personally liable for engaging in misleading and deceptive conduct through making advertisements for services which did not meet the expectation of a reasonable consumer Negligence is traditionally a common law action which is brought against one who has acted or omitted to do that which is in the ordinary course of his obligation, mandated to do.[14] For an act or omission to amount to the tort of negligence a duty of care owed to the plaintiff, breached of the duty and harm must be proved to exist.[15] It is imperative to note that the concept of duty of care applies to negligent misstatements that may have been made by a professional without regard to the veracity of the statements. [16] The duty of care is created by reliance on professional advice and the defendant is usually liable for professional negligence. The issue in this case is whether Tina and Aristotle can bring a claim for negligent misstatement or professional negligence after relying on Professional advice from William a Financial adviser. Negligent Mistatement The concept of negligent misstatement and professional misstatement is primary illustrated in the case of Hedley Byrne Co Ltd v Heller and Partners Ltd[17] which affirmed that a person is liable for a negligent misstatement if another party relied on the professional advice that has been given. However, in Byrne the court held if a disclaimer if given during the process of giving the advice one may, the defendant may be excluded from liability for negligent misstatement. Today, section 951A states that a disclaimer given during financial advise is void and is not effective.[18] The relationship between common law duty of care and negligent misstatement was given meaning in Caparo Industries plc. v Dickman[19] in which the court held that the person that is rendering advice must comprehend the significance of the advice and must know that the other party will not rely on any other independent advice. In Mutual Life and Citizens' Assurance Co Ltd v Evatt[20] the High Court of Australi a established that negligent misstatements does not only apply to people who are traditionally regarded as professionals but it also extends but even to non professionals provided the essential elements of negligence have been proved. Conversly, in the case of Shaddock Associates Pty Ltd Anor v Parramatta City Council[21] the court ruled that a person who makes statements which are reasonably relied upon by another individual has a duty to ensure that the advice given entails correct information. It is apparent that the test applied in negligent misstatement or advise is that; the maker of statements must know that the other party trusts him, the advice or information passed must be of serious business value and it was reasonably expected that the other party would rely on the information. In Ali v Hartley Poynton Limited[22] the plaintiff was an elderly woman who relied on financial advise given by a stoke broker. The court held that the defendant was liable for negligent misstat ement because he failed to conduct due diligence and proper analysis and did not disclose the risk of taking the investments. The remedy sought in an action for is one of recovery of loss for pure economic or financial loss that has been suffered due to reliance on the information that has been give. [23] It bears noting that the defendant in an action for negligence misstatement may lean on the defense of Vonlentis non fit injuria by asserting that the claimant solely relied on independent advice and thereby voluntary invited the financial injury to himself. Misleading Conduct Pursuant to section 12DA(1) of the Australian Securities and Investments Commission Act[24] any person who takes part in any trade or commerce is not allowed to perpetrate misleading or deceptive conduct. It bears noting that misleading or deceptive conduct also includes representations or an omission to disclose important information. The Corporation Act also echoes similar sentiments by absolutely prohibiting misleading and deceptive conduct during the process of trade or commerce.[25] Misleading and deceptive conduct can be referred to unconscionable conduct in trade and commerce because it is unreasonable and is an utterly display of ignorance. It thus goes without saying that ignorance of the law is not a defense in trade or commerce. The duty to avoid misleading and deceptive conduct to people who are expected to give advise or information because of there special possession of a skill or knowledge. In the case of ASIC v Accounts Control Management Services Pty Ltd[26] it was r uled that people should avoid unfair business practices that put other people at risk. In this sense professional advise must be given with due regards to all duties and obligation expected from a n ordinary professional. It has been held in the case of Wardley Australia Ltd v Western Australia[27] that in an action for misleading and deceptive conduct the complainant has the remedy of damages for loss suffered although an action may not be brought until loss has occurred. It thus follows that where the misleading and deceptive conduct is an omission to give adequate financial advice, am action will only be valid if there is proof of financial loss or damages. Application It is advised to Tina and Aristotle the financial advise that was given by William amounts to negligent misstatement. This is because their relationship with William was founded on the concept of duty of care where they trusted the information that was given to them and actually relied on it. Additionally, by applying the tenets of Ali v Hartley Poynton Limited[28] William neither revealed the risks that were involved in pursuing the investment option nor did he exercise due diligence before giving the information. It is instructive to note that the defense of volentis non fit inujria will be defeated because Tina and Aristotle did not rely on any independent advice. Ideally, William will be liable for negligent misstatement and will be compelled by the court to pay full amount of pure financial loss that Tina and Aristotle suffered. Tina and Aristotle must also evince that they have suffered damage for them to bring an action of misleading and deceptive conduct pursuant to the Austr alian Securities and Investments Commission Act. Williams conduct amount to a misleading and deceptive conduct because he failed to give important information which should ordinary be submitted it course of his practice. Conclusion It can be conceded that Tina and Aristotle have a strong claim of negligent misstatement or professional negligence against William. On the other hand, they can claim the financial suffered provided they all prove all the essential legal elements required in an action for negligent misstatement. References Article and Books Cathy S. Krendl, et al., Piercing The Corporate Veil: Focusing The Inquiry, Denver Law Journal 1 (Vol. 55, No. 1, 1978) Gonzalo Villalta, A Two-Edged Sword: Salomon and the Separate Legal Entity Doctrine, Murdoch University Electronic Journal of Law 2000 William J. Reader, Versatility Unlimited: Reflections on the History and Nature of the Limited Liability Company, in Tony Orhnial, Ed., Limited Liability and the Corporation 191 (Croom Helm, London Canberra, 1982). Ali v Hartley Poynton Limited[2002] VSC 113 - 20 ACLC 1006 ASIC v Accounts Control Management Services Pty Ltd [2012] FCA 1164 ASIC v Macdonald (No 11) [2009] NSWSC 287 AstraZeneca v GSK [2006] ATPR Atlas Maritime Co SA v Avalon Maritime Ltd (No 1) [1991] 4 All ER 769 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (2010) 276 ALR 102 Blyth v Birmingham Waterworks Company (1856) 11 Ex Ch 781 Caparo Industries plc. v Dickman (1990) 2 AC 605 Grant v The Australian Knitting Mills [1935] UKPC 2, [1936] A.C. 562 Hedley Byrne Co Ltd v Heller and Partners Ltd [1964] AC 465 Lee v Lees Air Farming Ltd (1961) AC 12 Mutual Life and Citizens' Assurance Co Ltd v Evatt [1968] HCA 74 Salomon v Salomon Co Ltd [1897] AC 22, 48 San Sebastian Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 (NSW) (1988) 162 CLR 340 Shaddock Associates Pty Ltd Anor v Parramatta City Council (1981) 150 CLR 225 Sharrment Pty Ltd v Official Trustee in Bankruptcy (1988) 82 ALR 530 Taco Bell of Australia Inc. v Taco Bell Pty Ltd (1982) 42 ALR 177 Turner v Garland and Christopher (1853) cited in Hudson's Building Contracts (4th ed., 1914) Vol. 2, p. 1 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Legislation Australian Securities and Investments Commission Act 2001 (cth) Corporations Act 2001(cth [1] [1897] AC 22, 48 [2] Gonzalo Villalta, A Two-Edged Sword: Salomon and the Separate Legal Entity Doctrine, Murdoch University Electronic Journal of Law 2000 [3] [1961] AC 12 [4] Cathy S. Krendl, et al., Piercing The Corporate Veil: Focusing The Inquiry, Denver Law Journal 1 (Vol. 55, No. 1, 1978) [5] William J. Reader, Versatility Unlimited: Reflections on the History and Nature of the Limited Liability Company, in Tony Orhnial, Ed., Limited Liability and the Corporation 191 (Croom Helm, London Canberra, 1982). [6] [1991] 4 All ER 769 [7] Sharrment Pty Ltd v Official Trustee in Bankruptcy (1988) 82 ALR 530 [8] ASIC v Macdonald (No 11) [2009] NSWSC 287 [9] [1899] 2 Ch. 392 [10] Corporations Act 2001(cth) [11] (1982) 42 ALR 177 [12] AstraZeneca v GSK [2006] ATPR [13] (2010) 276 ALR 102 [14] Blyth v Birmingham Waterworks Company (1856) 11 Ex Ch 781 [15] Grant v The Australian Knitting Mills [1935] UKPC 2, [1936] A.C. 562 [16] Turner v Garland and Christopher (1853) cited in Hudson's Building Contracts (4th ed., 1914) Vol. 2, p. 1 [17] [1964] AC 465 [18] Corporations Act 2001(cth) [19] (1990) 2 AC 605 [20] [1968] HCA 74 [21] (1981) 150 CLR 225 [22] [2002] VSC 113 - 20 ACLC 1006 [23] San Sebastian Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 (NSW) (1988) 162 CLR 340 [24] 2001 (cth) [25] Section 1041H of the Corporations Act 2001 [26] [2012] FCA 1164 [27] (1992) 175 CLR 514 [28] [2002] VSC 113 - 20 ACLC 1006