Friday, December 27, 2019

Media Content Effects on Society - 1366 Words

Introduction Initially, media were mainly used for educational and informative purposes. However as time went by, this boundary was getting blurred, since today media are also used as an entertainment. One of the most influential events in history of media is probably the invention of television. Thereafter, in less than one decade, from 1946 to 1955, TV was a part of home to 65% of Americans. Singaporean novelist, Jess C. Scott, said ‘People are sheep. TV is the shepherd.’ (Literary Heroin (Gluttony): A Twilight Parody, 2012). This is unfortunately true, young generation is obsessed with television nowadays. Statistics claims that time spent in front of TV by young people, aged between 8 and 18, increased from 3.8 to 4.5 hours per day,†¦show more content†¦In 1991 Runnymede Trust Report introduced a concept islamophobia and defined it as an unfriendly attitude towards Muslims, and hence the fear and hatred of all or majority of Muslims (Islamophobia Research Documentation Project). An apparent example might be Russia Today’s (RT) report about Californian veteran who arranged an explosion of Detroit’s largest mosque, while there were more than 500 people inside. In Detroit, he stopped in a bar for a drink and told about his intensions to bar employee, who followed him, wrote down his car plate number, and told the local police about it. Fortunately, authorities found his car with different kinds of explosives right outside the Islamic Center. As RT reporter mentioned, â€Å"The mainstream media has completely ignored this story. But now imagine, if the same thing would happened, but the perpetrator was a muslim man. His mug shot would be on every TV screen, every hour.† Economics Advertisement is probably one of the best ways to manipulate costumer to buy something or do something. There are numerous ways of manipulating media consumers’ minds. People always watch TV, listen to radio, read newspapers, and, of course, see plenty of commercials. Television is a very helpful medium in selling products, especially when commercials are scheduled efficiently. For example, young children usually watch TV in the morning, while their parents watch it in the evening time. It means that advertisements including toys andShow MoreRelatedViolence And Sex On Television898 Words   |  4 Pages Violence and Sex on Television: Effects on the Younger Audience In today’s society, the media is used greatly for communication, advertisement, information, and for numerous other reasons. The world has evolved by technological advances as well as by the type of content that is put out on the internet, radio, and especially on television. In particular, violence and sex are two of the most controversial content types that have been recently used loosely in the present as compared to theRead MoreEssay Roles of Mass Media in Society973 Words   |  4 PagesRoles of Mass Media in Society Term of mass media or press has been used since around ten decades ago. At early age, type of mass media that society knows was only printed mass media such as newspaper, flyer, or brochure, but as the century goes by, other type of mass media, such as television, radio and internet, began to appear. In a society, mass media has many functions, due to its capability; mass media could bring not only positive effects but also negative effects to society. NeverthelessRead MoreViolence in the Media Does Not Contribute to the Violence in the Society1733 Words   |  7 Pageswhether violence in media contributes to the violence in the society. The essay will first define who the society is and what constitutes as violence in both the media and in society. It will then discuss audience reception studies and the uses and gratifications theory as to how the audiences receive the media and what they do with it. With evidence from supporting articles and a survey done, this essay will argue th at violence in the media does not contribute to the violence in society. Violence isRead MoreRupert Murdoch : The King Of Convergence And The Master Of Manipulation Essay1582 Words   |  7 PagesMedia Moguls Citizens do not get to elect the individuals such as Rupert Murdoch, who sit at the peak of huge conglomerates with immense influence on society (Shah, 2012). Cooperate elites and CEO s at the top of conglomerates have an overwhelming amount of political and economic power. These individuals can filter, change, be extremely selective and strategic about what media they produce and disrupt. As a result, the media landscape becomes distorted and the public interest is compromised. RupertRead MoreThe Effects Of Media Violence On Families809 Words   |  4 PagesPatel Mrs. Caldwell CP English 9 March 2017 How Media Violence is Affecting Families Often times parents overlook the fact of watching television as a subtle act without any true consequences. Children watch â€Å"TV†. However watching media over time takes a toll on the young mind. Many young children view television and other forms of media on a daily basis. With how society defines entertainment nowadays, there is bound to be negative and violent content on every child’s new smart â€Å"TV†. In many renownedRead MoreLife About Marshall Mcluhan s Life1310 Words   |  6 PagesMarshall McLuhan (also known as Herbert Marshall McLuhan), was born on july 21, 1911 - December 31, 1980 in Edmonton, Alberta. He was a canadian philoshoper of communtication theory and public intellectual. His work was shown as one of the cornerstone of media theory. He went to college at University of Manitoba and Cambridge University and began his teaching career as a Professor of English at several universities in the U.S. and Canada. After that he moved to the Uni versity of Toronto where he would remainRead MoreMedia Is The Most Accessible Form Of Information1643 Words   |  7 PagesThe media is widely acknowledged as the most accessible form of information in the world. Especially, adolescents are one of the experienced Internet users. Besides, they could have access to most contents easily. According to one study, American teenagers took their times a lot to using media (SNS, Internet, games and television). The average hours per a week are more than 38hours. One of the contents what they spend their time is YouTube. It is a large video sharing service and more than 4 billionRead MoreViolent Media Is Good For Kids1324 Words   |  6 PagesWhen it comes to the topic of violent media, some of us would readily agree it’s a controversial subject as to whether kids should or shouldn’t be exposed to it. This is because many children who view violent media react negatively rather than not being affected at all. Where this agre ement usually ends, however, is on the question of what effects does it have on children. Whereas some are convinced that it is a healthy alternative for kids to express themselves, others maintain that it causes kidsRead MoreMass Media Concepts1359 Words   |  6 PagesMASS MEDIA AND SOCIETY (2) The concept of ‘mass’ The ideas of ‘mass society’ date from the 1940s but before that time, since the19th century, there have been different ideas of what ‘mass’ means. One use of the term ‘mass’ was negative to refer to the mass of people or the ‘common people’ – who were seen as uneducated, ignorant, unruly or violent. ‘Mass’ could also be used in a positive sense as in ‘mass movement’ – such as trade unionism, socialism, or working class solidarity againstRead More Implications of Capitalism on Objective News Content1397 Words   |  6 Pagesit can also have a detrimental impact. Inaccurate news stories, sensationalized material, and manipulation through the media are all repercussions of the effects of capitalism. Capitalism’s influence in the media skews content in favour of the market, preventing the public from access to democratic, objective news content. Too often, capitalist influence dominates the media market through conglomerate control, structured by the ever-growing desire to gain capital, treating the audience as a commodity

Thursday, December 19, 2019

Interpersonal Communication Analysis Of Dirty Dancing

Kaitlyn Kirkwood Human Communication (40992) Mrs. Dixon 4 March 2015 Interpersonal Communication Analysis of Dirty Dancing The term interpersonal communication often referred to as dyadic communication sounds a lot more complex than it really is. It is the communication between two people, or face-to-face interaction. There are many different characteristics that separate dyadic communication from other forms of communication, such as being more direct, personal, immediate, spontaneous, and informal. I chose to do an interpersonal communication analysis on the movie Dirty Dancing. In the movie there are two main characters that develop an interpersonal relationship, Frances â€Å"Baby† Houseman and Johnny Castle. In the beginning of the movie, Baby is the quiet naà ¯ve girl that is always over-looked in the crowd, she becomes infatuated with Johnny and his talent for dancing. Johnny holds the reputation of the â€Å"bad boy† and many have preconceived ideas about him before they take the opportunity to get to know him. Throughout the mo vie there are many different concepts of interpersonal communication displayed such as; rigid role relations, the journey towards intimacy, and self-disclosure. Over time, Relationships develop patterns and roles. When beginning a new relationship it may take time to figure out who is going to fill which role. The one-up role is the dominant person in the relationship, and the one-down role is the person who is more submissive. In the beginning of theShow MoreRelatedEssay about Gendered Media9688 Words   |  39 PagesArticle 7 Gendered Media: The Influence of Media on Views of Gender Julia T. Wood Department of Communication, University of North Carolina at Chapel Hill times more often than ones about women (â€Å"Study Reports Sex Bias,† 1989), media misrepresent actual proportions of men and women in the population. This constant distortion tempts us to believe that there really are more men than women and, further, that men are the cultural standard. THEMES IN MEDIA Of the many influences on how we viewRead MoreFS 1 portfolio10152 Words   |  41 Pagesstudents can study related to home economics. PTA Office Where the parents of the students can do general meetings. Comfort Room for boys A  fixture  for  defecation  and  urination. The floor is dirty. Comfort Room for girls A  fixture  for  defecation  and  urination. The floor is dirty. Finance Where the students can pay their tuition fees and other transactions involving money. Registrar Serves the students, faculty, administrators and alumni. Where the student’s recordsRead MoreAn Introduction to Intercultural Communication29172 Words   |  117 PagesIntercultural Communication Intercultural communication is of importance to international businesses as it examines how people from different cultures, beliefs and religions come together to work and communicate with each other. Demands for intercultural communication skills are increasing as more and more businesses go global or international. They realize that there are barriers and limitations when entering a foreign territory. Without the help of intercultural communication they can unknowinglyRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesPersonality and Values 131 Perception and Individual Decision Making 165 Motivation Concepts 201 Motivation: From Concepts to Applications 239 3 The Group 9 10 11 12 13 14 15 Foundations of Group Behavior 271 Understanding Work Teams 307 Communication 335 Leadership 367 Power and Politics 411 Conflict and Negotiation 445 Foundations of Organization Structure 479 v vi BRIEF CONTENTS 4 The Organization System 16 Organizational Culture 511 17 Human Resource Policies and PracticesRead MoreMarketing Management130471 Words   |  522 PagesMarketing environment Marketing with other functional areas of management Market segmentation Market targeting and positioning Product management Brand management Pricing Channel design and management Retailing and Wholesaling Integrated Marketing Communication Advertising management Sales promotion Personal selling Public relations Understanding individual consumer behaviour Understanding industrial consumer behaviour Customer satisfaction Customer relationship management Marketing of services RuralRead Morepreschool Essay46149 Words   |  185 Pagesconsistent with the content being illustrated, the terms com ­ municates and responds are used in examples rather than â€Å"says.† â€Å"Communicates† and â€Å"responds† are inclusive of any language and any form of communication, including speaking, sign language, pictures, electronic communication devices, eye-pointing, gesturing, and so forth. †¢ The terms â€Å"identifies† and â€Å"indicates† or â€Å"points to† are used to represent multiple means of indicating objects, people, or events in the environment

Wednesday, December 11, 2019

Desensitization of Pakistani society free essay sample

Major reasons for Desensitizing in our Society: such incidents. Pakistan has been facing violence in terms of street crimes, murders, rapes, target killings, physical torture, bomb blasts, kidnappings and drone attacks. According to statistics, only in Karachi people are killed at the rate of 3. 6 since 2010 due to target killings. Other casualties due to different reasons are a lot more than this when measured. CPA murder statistics for 2010 indicate there were a total of 1339 terrorist killings, I. E. , murders associated with terrorist acts or groups.This number increased in 2011 to 1724 terrorist killings, which is an increase of 29 recent; 2011 was recorded as Karachi second deadliest year in the past 20 years. According to recent study it was found that since the beginning of this year till November 17th, there have been 323 incidents of violence, killing 3088 people (civilians only). Media Violence is another reason that has made us well acquainted with grotesque images and videos of brutal incidents. One form of violence that Media Violence includes is the violence showed in the form of entertainment that is in dramas, movies, animated series is one category only.It presents violence in serious ways as well as in humorous ways. When talking about dramas or series and movies most of the time violence shown is serious kind of violence, consisting of shooting someone, kidnapping, murder, rape or blasts. However, cartoons and apart from that certain movies or series show violence in humorous ways like in Home alone, three stooges which incorporates the wrong idea of violence being something thats usual and the norm. Cartoons specially make our children get used to basic violence and its tools like guns and explosive materials.The other form of violence is the real life violence that is covered by media and aired to general public. When discussing about Pakistani society, breaking news and live coverage of bomb blasts, mob violence, nerve racking accidents is something we all are used to, to a level that has turned us insensitive to such incidents. Few channels have aired grotesque images without censor or any attempt to hide the content that is inappropriate. However, they do repeatedly state to not to see the news if the viewer is a child or a person with weak stamina to view such things; which is not an effective measure. Lawlessness is a key reason in the increasing real life violence in Pakistan and its being aired on Media. In several incidents the basic cause of such violence is the lack of enforcement of law in order to reduce crime like mugging, target killing, bomb blast and execution of punishment orders when the criminals are arrested by police or rangers. Mob Violence is the best example when lawlessness is discussed. Since our Law enforcement agencies fail to implement law and maintain order in society, our people have started taking law in their hands.Up till now there are numerous cases of mob violence in Pakistan where suspects are beaten and handed over to police or at times beaten to death. The frequency of mob violence incidents have increased in past few years, mostly in Punjab. The incidents portray scaring ferocity. Be it long hours of load-shedding, a criminal caught red handed by the crowd, a traffic tragedy or someone suspected to have committed the act of blasphemy, furious mob increasingly take the law into their hands as if they are the sole accusers, Judges and executioners.This shows the failure of our law enforcement agencies that have been attempts have led people, to a great extent, to act as their own protectors, which has resulted in some very regretful incidents. Growing economic pressures in recent years as well as the states failure to provide security and a functioning Justice system to the people have aggravated these crises, spawned vigilante Justice and entrenched mob rule in our daily life, argues a political scientist wanting to remain anonymous, who works at a public sector university in Lahore.Both of them were beaten even after every drop of life was oozed out of them, soaking in blood. It is stated that the elder one begged to be shot dead for once and all for the crim e he hadnt committed rather being beaten such inhumanely. The dead bodies were hanged above a water tank and were dragged as well. This incident shows not only the intolerance and horrible ferocity of the crowd but also extreme insensitivity of those who watched and filmed the act. There were about 10 to 15 people who were involved in their murder but more than 40 people as well as police officials to witness the act.The question arises why the crowd showed no reaction of stopping the violent fatal beating? Why they all viewed the act as if they were hypnotized or as robots completely empty of the humanly feelings and emotions? This mob violence shows that our society is an insensitive one; It has indeed been desensitizing. The reason I account the incident for is lack of law which has simply eradicated the sense of humanity in us; which has led to us taking the law in hands since the police have failed to play their role. We have taken the responsibility to identify the criminals without any solid proof of their identity and punish them ourselves.Since, we have no proper system to do so, we end up committing acts that cannot be washed away, and they exist as brutal stains of the blood of innocent ones-the misidentified and killed. Such acts of mob violence an d people beating the culprits have repeatedly taken place. However, the beaten ones were the true criminals yet such incidents slowly and gradually transfer the power from law enforcement agencies to local public which is a strong alarm for our police and Judiciary as it can lead to results creating a norm less society. In a re-enactment of the Shallot lynching, two alleged robbers fall prey to mob Justice in Manual on March 26.One of them reportedly shot himself to avoid a painful death at the hands of the crowd. The other was pelted with stones until he died. The unfortunate aspect of these incidents is that police officials side with the mob, turning a blind eye to the brutal, instant punishments meted out to real or imagined criminals. Hence, again executing people be it a culprit or an innocent. Another aspect of this is that our media kept showing the videos and the pictures of all these people being murdered, which shows that our media is also an insensitive entity who regardless of what affect their material has, airs the content.

Wednesday, December 4, 2019

Maiya Dean-Tuggle Essays (941 words) - Entheogens, Euphoriants

Maiya Dean-Tuggle Professor. Supinksi Informative Essay 1, April 2018 MARJUIANA What do you know about Marijuana? If you don't know too much my essay should cover what it is, Marijuana is a substance made fromthe dried, shredded leaves, flowers, and other parts of a plant in the genus Cannabis. The term cannabis generally refers to marijuana and other drugs made from the same plant, including marijuana, hashish, and hash oil . The main active ingredient in cannabis is THC (Delta-9 tetra hydro-cannabinol) this what gives the "high " Cannabis is usually smoked in hand-rolled cigarettes known as joints or bongs and many more things that can be edible. Also t here is so many names/ slang words for marijuana, examples are pot, weed, bud, skunk, Mary Jane etc. This essay generally seeks to give information about marijuana . Cannabisis amixtureof theCannabisplantwhich is used as apsychoactive drugand asmedicine. Pharmacologically, the mostpsych oactive constituentof cannabis istetrahydrocannabinol(THC); it is one of 483 known compounds in the plant, including at le ast 84 othercannabinoids, such as cannabidiol(CBD),cannabinol(CBN),tetrahydrocannabivarin(THCV) andcannabigerol(CBG) (Benson 40). Cannabis is often consumed for itspsychoactiveandphysiologicaleffects which can include increased mood or euphoria, relaxation, and increase in appetite. Negative side-effects can sometimes include loss of short-term memory, dry mouth, impaired motor skills, reddening of the eyes, and paranoia or anxiousness ( Iverson 194). The common uses of cannabis are as arecreationalormedicinaldrug, and as part ofreligious or spiritual rites; the earliest recorded uses date from the3rd millennium BC. Since the early 20th century cannabis has always hadlegal restrictionswith thepossession, use, and sale of cannabis preparations containing psychoactive cannabinoids considered a criminal offence in most countries of the world; theUnited Nationssurvey classifies cannabis as the most used drug worldwide. In 2004, the United Nations estimated that globally approximately 4% of theadult world population(162million people) use cannabis annually, and that approximately 0.6% (22.5million) of people use cannabis daily (Barceloux 23). Cannabis used medically has several well-sighted beneficial effects. Among these are: the amelioration of nausea and vomiting, stimulation of hunger in chemotherapy and AIDS patients, lowered intraocular eye pressure, as well as general (pain reliever). Less confirmed individual studies also have been conducted indicating cannabis to be beneficial to a gamut of conditions running from multiple sclerosis to depression. Other Synthesized cannabinoids are also given as prescription drugs, including Marinol (dronabinol in the United States and Germany) and Cesamet (nabilone in Canada, Mexico, the United States and the United Kingdom) ( Leonard 8). Currently, the U.S. Food and Drug Administration (FDA) have not approved smoking cannabis as a cure to any disease or as medication; because the FDA claims that there is no scientific evidence. Others, for example American Society of Addiction Medicine, say that "Medical marijuana" is a fallacy because the plant parts in question does not meet the standard requirements so as to be approved as medication. Eighteen states and the District of Columbia have legalized cannabis for medical use in state laws. The United States Supreme Court has ruled inUnited States v. Oakland Cannabis Buyers' CoopandGonzales v. Raichthat only the federal government that can regulate and criminalize cannabis, even for medical purposes and even if the state legalize it (procon.org 1). Canada, Spain, The Netherlands, France, Italy, Czech Republic and Austria have legalized some form of cannabis or extract containing a low dose of THC for medicinal use. Recently, Uruguay has also taken decided lega lise and regulate the production and sale of the drug (procon.org 1). THC and THC-COOH, can be measured in blood stream, urine, hair, oral fluid or sweat usingchromatographicmethod, this method is used by the government and other organisations to test for drugs. The amount in concentrations found from such tests can often be helpful in separating the active use from passive exposure, elapsed time since use, and extent or duration of use. These tests cannot, however, distinguish between authorized cannabis smokers for medical purposes from unauthorized recreational smoking. Commercial cannabinoids immunoassays, often employed as the initial screening method when testing physiological specimens for marijuana presence, have different degrees of cross-reactivity with THC and its metabolites. Urine contains predominantly THC-COOH, while hair, oral fluid and sweat contain primarily THC ( Leonard 27). Blood may contain both substances, with the relative amounts dependent

Wednesday, November 27, 2019

How far is friar Lawrence to blame for the deaths of Romeo and Juliet Essay Example

How far is friar Lawrence to blame for the deaths of Romeo and Juliet Paper Friar Lawrence is the local Roman Catholic priest who is also an apothecary. He is the confident of both Romeo and Juliet and plays an important role in the fate of both. He is more than aware of the familys feuding and seems to be well thought of by everybody. Romeo respects Friar Lawrence very much and sees him as a father figure. When Romeo feels suicidal when he has just been banished from Verona, the Friar tells him to straighten up. `This is dear mercy, and thou seest it not. ` When Romeo confesses that he wants to marry Juliet, Friar Lawrence teases Romeo about how fickle in love he is. `Is Rosaline, that thou didst love so dear, So soon forsaken? ` But in spite of this he still agrees to marry the young couple as he hopes it will end the familys feuding. `For this alliance may so happy prove, To turn your households rancour to pure love. ` He only agreed to it because he had their best interests at heart. I dont think he is to blame for marrying them as he did what he thought was right. We will write a custom essay sample on How far is friar Lawrence to blame for the deaths of Romeo and Juliet specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on How far is friar Lawrence to blame for the deaths of Romeo and Juliet specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on How far is friar Lawrence to blame for the deaths of Romeo and Juliet specifically for you FOR ONLY $16.38 $13.9/page Hire Writer And even if Friar Lawrence hadnt married them, whos to say that another Friar wouldnt have married them? Romeo and Juliet both feel as if they can turn to him when they are in trouble. We see this when Romeo has been banished, because he stabbed Tybalt and Juliet has been told that she must marry Paris. Romeo doesnt seem as if he is very close to either of his parents but Juliet usually has her nurse to turn to, but even the nurse, in the end the nurse rejects her too. `I think it best u married with the county. ` So in desperation each one goes to Friar Lawrence for help. Romeo is helped by being giving him a hide out in Mantua until Juliet can meet him. Juliet, being ordered to marry Paris, has gone to Friar Lawrence in desperation and has asked for help. First of all the Friar has to help Romeo escape. He allows Romeo to spend one night with Juliet, but before dawn he must leave. It is at this time that Juliet has been told to marry Paris. So she goes to the Friar. Friar Lawrence then devises a plan that will ensure Juliet and Romeos happiness. In some ways this shows us the Friars cunning, we are also shown that he is quite a smart man. We know that the friar is also an apothecary, so he gives Juliet a potion, which will make Juliet look as if she is dead. When she is taken to the family tomb, the friar will wait until she awakens, and by which time Romeo will hopefully already be there and take Juliet away. While devising this plan he still has the families interests at heart. He is only doing this in the hope that the two families, Montague and Capulet will reconcile. Although it could be argued, that he only helped them because he wanted to save himself. I personally dont think so. I think he would have known that he would have had to `cover his tracks` before he married the couple. He seems like a prudent man, one that will think things through; he would never have married them and helped them elope for selfish reasons. But the Friar did deceive both the Capulet and Montague parents. And although this was wrong, it was also, in my opinion justified. I think this because he didnt really have much choice. If he had wanted to succeed with his plan then they would have had to be kept in the dark, there was no other way round it. If they had been told, neither parent would have agreed to let their child associate with the child of the enemy. Priests do have the best interests of their parishes at heart and they do not lie and deceive people needlessly, but I think in this case it was allowed. Even though everything didnt turn out the way it should have, it achieved the one thing the Friar wanted: peace between the families. And although the price paid was very high, almost too high, the motivation was honourable he genuinely didnt act selfishly. I think everyone, in the play recognised this including the prince.

Sunday, November 24, 2019

The courts have interpreted variation for the purposes of s.630 Companies Act 2006 in a rather strict and literal way but this has never caused any great concern. The WritePass Journal

The courts have interpreted variation for the purposes of s.630 Companies Act 2006 in a rather strict and literal way but this has never caused any great concern. Introduction The courts have interpreted variation for the purposes of s.630 Companies Act 2006 in a rather strict and literal way but this has never caused any great concern. IntroductionPart 2BibliographyRelated Introduction The courts have been notoriously strict[1] in their interpretation of â€Å"variation† of class rights both under s.630 of the Companies Act 2006 and under its predecessor, s.125 of the 1985 Act[2]. Case law under s.630 is yet to develop so it is to the historical interpretation of â€Å"variation† which must be examined taken with, as Gower and Davies point out, a presumption that the courts will continue in the same vein as there is nothing in s.630 which permits a radical departure from s.125[3]. The above statement is mostly true as the central concerns which have been exposed by the section in subsequent Acts, namely that where the courts have perceived the formal rights of shareholders to be unaffected they have been unmoved by any adverse effect on the value of the class rights to hold that the â€Å"variation† protection applies, have been balanced by the ability of a company to amend its articles to circumvent or amend the â€Å"variation† protect ion mechanisms, the s.22 entrenchment mechanism and s.633 review applications. A balance needs to be struck between the protection of class rights and the proper conduct of business and s.630 does achieve this albeit with some imperfections such as the status of preference shareholders in unquoted companies. The purpose of s.630 is to protect shareholders who belong to a certain class, giving them, in the words of Gower Davies, a â€Å"veto over the change proposed, even if the company’s constitution provides them with no right to vote on the issue†[4]. Thus when any proposal to alter the articles may vary their class rights[5] either the consent of that class of shareholders is required, usually with an extraordinary 75% majority at a separate meeting of that class[6] unless the articles specify otherwise, or a written resolution having the support of 75% of holders of the nominal value of that class[7] is required in order for the proposal to have any validity. The statute provides the default position but as will be examined later s.630 (2) of the 2006 Act allows the companies’ articles to set either a higher of a lower standard. The concerns arise where the class is adversely affected by the proposals but not to the degree which the courts would consider constitutes a â€Å"variation† for the purposes of the 2006 Act or in that companies articles of association: thus the narrow interpretation mentioned above could be cited as an example of how the section could be bypassed altogether. If it is only the value of the rights and not the rights themselves which are adversely affected then the courts have been unwilling to extend the protection afforded by s.630 or in the articles and shareholders are deprived of their veto to prevent such changes[8]. The classic example of this would be the House of Lords decision in Adelaide Electric Co v Prudential Assurance[9] where the payment of dividends being moved to Australia along with the business resulted in a lesser payment given the relative strengths of the Australian and British currencies of the time but the underlying right, to receive the dividend, was unchanged. Permitted variation of one class of share affecting another indirectly has also exposed reluctance by the courts to increase the scope of the term â€Å"variation†. In Greenhalgh v Arderne Cinemas[10] a subdivision of one class of shares deprived the holder of one class of his power to block a special resolution. Lord Greene MR, delivering the leading judgement, said that the preference shareholders in light of the wording of the articles are affected, as a matter of business. As a matter of law, I am quite unable to hold that, as a result of the transaction, the rights are varied; they remain what they always were.[11] However, he also conceded that if the right of one vote per share was changed this would constitute a variation but in the present case it had remained constant throughout despite the subdivision[12]. Nevertheless, the court held that this could not come under the meaning of â€Å"variation† and echoes to some extent the decision in White v Bristol Aerop lane[13] where an increase in one class of shares was also held to fail the variance test in respect of another class â€Å"notwithstanding that the result was to alter the voting equilibrium of the classes†[14]. Although on the face of matters this would seem to be a major concern Lord Greene’s rationale makes sense in that his solution is clearly designed to protect businesses from being vetoed every time they make an approved decision which would affect the class rights of other shareholders. Logically speaking it would be a barrier if in a free market society every time one set of class rights were varied and another was affected albeit indirectly that class would have a veto on the proposal: this would stifle business and freedom to contract. Another main concern is preference shares but this has been alleviated somewhat by a contractual solution called the â€Å"spens formula†[15]. The case of Dimbula Valley (Ceylon) Tea Co v Laurie[16]saw a capitalisation of undistributed profits realised in a bonus issue to ordinary shareholders. The effect of this was to deny the preference shareholders future profits on winding up or reduction. The court held this did not constitute a variation of the preference shareholders’ rights where they were non-participating with respect to dividends but participating with respect to capital[17]. The converse situation to the above, in House of Fraser v AGCE Investments Ltd[18], saw the preference shareholders being deprived of valuable dividend rights. Gower and Davies have highlighted this as being unfair on the preference shareholders though they do point out that under the â€Å"spens formula† preference shares which are non participating in a winding-up are protected by the provision of a guarantee that any redemption or return of capital will be linked to â€Å"the average quoted market price of the shares in the month before†[19]. They conclude though by warning that this contractual solution applies only to listed companies. Consequently preference shareholders in unquoted companies remain a concern in that the ratios of Dimbula Valley and House of Fraser will still expose them to risk either losing valuable dividend rights or denying them the participation in the profits on winding-up or reduction. Finally there are issues of ranking to be discussed. The courts have flatly rejected any moves to invalidate a proposal which either ranks new share issues on an equal basis with existing shares or which ranks new ordinary preference shares ahead of ordinary shares but behind existing preference shares[20]. Of course the latter case would be different if the new shares were to be ranked ahead of both existing preference and ordinary shares and that would indeed constitute a variation under the companies’ Memorandum of Association which stated: â€Å"cl. 5†¦indicated that the preferences conferred on the holders of preference shares were to be preserved, and only modified, affected, varied, extended or surrendered with the sanction of an extraordinary resolution of the members of the class†. It is important to note that many cases above do not default to the statutory position but include protection against variations in their respective articles of associations or memorandums of association which can be more demanding, for example, in terms of the level of approval required. Such provisions balance out many of the concerns addressed above in respect of the courts’ interpretation of the term â€Å"variation† though it should be noted that such clauses cannot impose a lower standard of procedure. S.630(2) of the 2006 Act notes that the default rules contained in the statute may be superseded by provision for variation contained in the articles of association. S.630(5) provides further protection however by ensuring that any alteration of the variation procedure itself in the articles attracts the protection for class rights. Thus any concerns that a company could simply alter a high variation procedure to a much lower one by a s.21 procedure are defeated by the inclusion of s.630(5). Gower and Davies do sound a cautionary note here though: â€Å"This [a simple s.21 alteration of the variation procedure] will not be possible as a result of s.630(5), unless, presumably, the articles themselves expressly provide a less demanding way of amending the variation procedure than the default rule in the statute†[21]. So it is possible for a company to escape many of the provisions of s.630 but they must still deal with the narrow interpretations given to variation regardless of the actual wording they choose. Palmer[22] made some observations on both White v Bristol Aeroplane Co and John Smith’s Tadcaster Brewery Co Ltd as being examples where the interpretation of the articles was unsatisfactory. He expresses some scepticism about the construction of the word â€Å"affected† but notes that firstly s.630 is of little help where the articles contain such wording and secondly that there may be a remedy available in the form of the unfairly prejudicial conduct remedy[23]. The Court of Appeal in John Smith’s Tadcaster Brewery noted that more explicit wording would be needed to allow the clause in the articles protecting preference shareholders to be extended to a bonus issue to ordinary shareholders. Many articles do include specific protection of preference shareholders. In Northern Engineering Industries Plc, Re[24]a clause in the articles which stipulated that a reduction in capital would require the consent of the company’s preference shareholders was upheld and enforced when a proposal to cancel their shares was tabled[25] . Finally under s.630(3) and s.633 a company could firstly conceivably make use of the entrenchment mechanism of s.22 in light of s.630 being â€Å"without prejudice to any other restrictions on the variation of rights† and secondly also apply to a court to review a majority decision. S.22 empowers a company to set an even higher bar for amendments to the variation procedure in the articles, the example given by Gower and Davies being raising consent levels to 100%. S.633 provides a further safeguard in that it enables a court review of the majority’s decision[26]. The criteria for review is quite high though, requiring that dissenting members of a class hold 15% of the shares of that class and that they exercise the right to challenge within 21 days. Once the application is made the variation does not have any effect until it is either confirmed or cancelled in light of the courts decision on whether there has been unfair prejudice to the shareholders’ in question[27]. In conclusion the interpretation of â€Å"variation† in the Companies Act s.630 is very narrow yet the statement is mostly true because any concerns which the section has exposed have been alleviated by the review procedure under s.633, the ability of companies’ to alter their articles and the s.22 entrenchment mechanisms. Problems persist with preference shareholders in unquoted companies but the inclusion of carefully worded protection in the articles goes some way to ending any notable concern and striking the correct balance between the protection of holders of class rights and the protection of business practice. Part 2 (a)The question here is covered by the Sale of Goods Act 1979. S.19(1) empowers the seller to make a reservation of title and is a logical consequence of the rule that property in the goods passes when the parties intend it to pass. The clause in our contract is an â€Å"all sums† clause which was held to be valid in Armour v Thyssen[28] in the House of Lords. The reference to indebtedness means that the property will remain with the seller until all such debts and obligations owed to the seller are discharged. Atiyah[29] points to the two requirements here for such a clause to operate: The pallets of paper have not yet been touched and they are on Wye’s premises: the conditions have been fulfilled. The purchase price has been paid and the contract concluded under s.27 of the 1979 Act but we do not have any information regarding any other outstanding debts or obligations upon Wye. Obviously if there was any kind of security or charge this would have to be discharged before any thoughts of selling the property on could be entertained. Assuming there are no outstanding debts and the purchase price has been fully paid then title in the property has passed to Wye and accordingly the option open to Linda is to sell the paper for a good price. If there are still debts outstanding then s.25(1) of the 1979 Act may be of assistance: a buyer in possession of goods which are still owned by a seller may give good title to those goods to a third party purchaser, provided that the third party is in good faith and has no notice of the rights of the seller in the goods. This section can effectively defeat the retention of title clause in the original contract. Regarding the final part of the clause: the contract not being registered in the Registrar of Companies is no barrier to any subsequent sale as noted by s.62(4) of the 1979 Act and Atiyah[30]. (b) The legal position regarding John is contained in s.11 of the Company Directors Disqualification Act 1986[31]. Breach of this section attracts criminal liability as well as potentially attracting personal liability for the company’s debts though as Gower and Davies note this may not be of much use given that John probably has little funds[32]. Most importantly this matter is an automatic disqualification and he can be removed from the payroll with immediate effect thus minimising his potential claim as a preferential creditor on the liquidation. Martin has been acting in the management of Wye Ltd even though he has been prohibited from doing so under s.1(1)[33]. Ss13 and 14 outline the criminal penalties but more important in Martin’s example is the personal liability for debts and liabilities of the company incurred while he was in breach of the order under s.15(1)(a). This could be a very good way minimising the debts to be paid back though it would depend on the time he has been managing in breach of the order. (c) There is no formal contract between the two parties here. The essentials of English contract law need firstly a promise, secondly consideration for that promise and thirdly the offeror’s promise must be made to induce the consideration (Elliot contract law). The half-hearted promise made by Barchester could well be unenforceable as an unequivocal promise is required. If we can prove that there is a contract in place then Linda can sue the law school for breach of contract since they have clearly not fulfilled their part of the contract. The promise made by Barchester is one which looks to the future and could be interpreted as a statement of intention. If there is any element of misrepresentation then there would be a clear breach of contract and Linda would be able sue them to swell the assets of the Wye Limited. (d) Does this charge have to be registered? It is secured over the property of Wye and would come under s.860(7)(a) of the 2006 Act. The requirement to keep a register of all charges created by the company is found under s.876(2) of the Companies Act 2006. S.876(3) and (4) state that a fine will be imposed if there has been failure to comply with this requirement but the case of Wright v Horton demonstrates that the validity of the charge will not be affected in any way. Care has to be taken with the timing of the registration as well as it must have been registered within 21 days of the creation of the charge: failure to do so would render the charge invalid against the liquidator of the company. The loan of  £150,000 would then be immediately payable under s.874(3) should any part be void. As for the unsecured creditors trying to claim the prescribed part s.176A of the Insolvency Act 1986 confirms that they are entitled to this and recent case law Airbase (UK) Limited[34]   has established that neither fixed or floating charge holders may share in the prescribed part. Linda should register the charge in Wye’s own register as quickly as possible to avoid a fine. The charge over property could well come under a substantial property transaction under the Companies Act 2006 s.190 as the asset here (the warehouse) could be worth over  £100,000. If this is true then the transaction is voidable at the instance of the company as shareholders must give their consent. (e) The Insolvency Act 1986 governs floating charges. That the  £75,000 was paid 37 minutes before the execution of the charge document is not important. The timing of the floating charge may be significant though as s.245 of the 1986 Act will strike down any charge to an unconnected person within 12 months of a winding up order. This suggests invalidity of this floating charge as it was created within 10 months of the winding up date although arguably it could slip outside of the technical insolvency dates. Linda should challenge the floating charge under s.245. There is also no mention of its registration as required by part 25 of the Companies Act 2006. s.860(1) of the 2006 Act requires floating charges to be registered at Companies House within 21 days of creation. If there has been no registration then this security is void against Linda the liquidator anyway. The absence of a negative pledge clause means that the floating charge will rank behind fixed securities made real rights before attachment of the floating charge. So Bee Bank plc will be at a disadvantage when the floating charge crystallises. Furthermore, competing floating charges rank in order of registration. The floating charge, if registered, will already have crystallised due to the liquidation and will have already had the effect of depriving Wye Ltd of all the assets under the floating charge although ranking behind fixed securities which are real rights. Again since the registration of the floating charge is the responsibility of Wye Ltd the loan would be immediately payable if the charge was later held to be invalid under s.874(3). (f)   This is a creditors voluntary winding up under the Insolvency Act 1986 There could, by piercing the corporate veil, be liability for the directors if the company sold to was a company which was controlled or owned by a director in this transaction and was a sham company[35]. It all depends on the nature and composition of the company which has received the corporate assets in question and indeed the inclination of the court in question. The assets belong to the company and liquidators have a duty to ensure that the interests of creditors are protected under s.107 of the 1986 Act. If an asset has been sold at below value either in the six months before liquidation or 2 years if a connected person, the liquidator can challenge the transfer and claim against the recipient and/or the directors, making the transaction void. S.238 (4)(b) is the relevant section[36]. The timing aspect comes close to the wire: it should be noted that the date of the winding up order is 15th October 2010 and the date of the sale is 23rd April 2010 which places this transaction just under 6 months before the winding up of the company so whether the person is connected or not is irrelevant. The relevant date though is when the company is technically insolvent which is presumably long before the winding-up order is granted. Regardlessly, this transaction, if it should transpire that it was sold for an under value, can be voided by Linda and she can make a claim against the director(s) involved. The property might be able to be returned and vested in the company under s.241 but there are safeguards for third parties acquiring in good faith and this is not guaranteed. If the person sold to was a connected person with knowledge then the antique clock will be vested in the company again. Bibliography Atiyah (2005) Sale of Goods Pearson: UK Griffin, Steven (2006) Company Law: Fundamental Principles Pearson: UK Gower and Davies (2008) Principles of Modern Company Law Sweet Maxwell: London Palmer (2010) Company Law Sweet Maxwell: UK Sealy Worthington (2008) Cases and Materials in Company Law Oxford University Press Cases Adelaide Electric Co v Prudential Assurance [1934] A.C. 122 H.L Airbase (UK) Limited [2008] EWHC 124(Ch) Armour v Thyssen [1991] 2 A.C. 339 Cumbrian Newspapers Group Ltd v. Cumberland and Westmorland Herald etc Ltd [1986] All E.R. 816 Dimbula Valley (Ceylon) Tea Co v Laurie [1961] Ch.353 Gencor ACP Ltd v Dalby [2000] 2 B.C.L.C Greenhalgh v Arderne Cinemas Ltd [1946] 1 All ER 512 Hodge v James Howell Co [1958] C.L.Y. 446, CA, The Times House of Fraser plc v. ACGE Investments Ltd 1987 SLT 421 (HL) Re Hellenic and General Trust Ltd [1975] 3 All ER 382 Re Northern Engineering Industries plc [1994] BCC 618 White v. Bristol Aeroplane Co. Ltd [1953] Ch.65 Statute Companies Act 2006   1985  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Sale of Goods Act 1979 Insolvency Act 1986  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Directors Disqualification Act 1986 n money or money’s worth, of the consideration provided by the company.†

Thursday, November 21, 2019

Case study on public adminstration PowerPoint Presentation

Case study on public adminstration - PowerPoint Presentation Example Finally, the case manages to outline the importance of government policies and politics in public administration and the role they play in ensuring success of an organization such as Red Cross Red Cross was founded in 1881 by Clara Burton and the organization soon grew to become the largest non-governmental organization in the US. The leadership and management of the organization was of extreme importance that the organization became answerable to the US President. After 1989, very important things happened that drew the attention of professionals in the public administration. The organization enjoyed the administration under four major leaders and four temporary leaders. The leadership of Healy was particularly important. Healy took presidency in 1991 and during her administration the Red Cross had to deal with two important events; Hurricane Floyd and Tropical Storm Allison.† September 11 bombing of twin towers also occurred during Healy’s presidency. However, a combination of politics, poor leadership and lack of strategy saw the popularity of Healy diminish and she was forced to resign in 2001 after she fell out with the board. The key issues that emerged from the case include the role played by leadership and management in public administration, the role played by politics in public administration and how leaders should execute government policies in ensuring the success of an