Wednesday, December 25, 2019

The Dark Side Of The Eyes By Bram Stoker - 1704 Words

Eyes are the real windows into the soul. Although some individuals may attempt to mask their true feelings, all is revealed by glancing into their eyes. From the lurid red eyes described in Bram Stoker’s novel Dracula, to the golden brown orbs of Edward, Stephanie Meyer’s character in Twilight, the eyes become a peephole to one’s inner most thoughts and feelings. Not only a peephole into their thoughts; but also a chink in the armor used to protect the individual from harm. This crack exposes feelings that Stoker and Meyer’s characters would like to keep to themselves. A vampire’s hunger â€Å"for thirst† can strongly be expressed through their eyes. In the beginning of Twilight, Bella â€Å"vividly remembered the flat black color of [Edward’s]†¦show more content†¦hunt people†(Meyer 186). Jacob continues by saying that the â€Å"family wasn t supposed to be dangerous because [they] only hunted animals† (Meyer 1 86). The red eyes of James, Victoria and Laurent are a manifestation of their diet. Bella describes their eyes as â€Å"not the gold or black [she] had come to expect, but a deep burgundy color that was disturbing and sinister† (Meyer 376). Meyer’s usage of the words disturbing and sinister give the impression that the travelers are up to no good and give the reader an eerie vibe. The burgundy color represents what their diet consist of, human blood. Bella and the Cullens know that the travelers’ thirst will need to be fulfilled, their thirst for her blood. Count Dracula’s eyes, like those of the travelers’ in Twilight, are also red, making the connection that he feeds on human blood. An expression of his thirst comes when Jonathan ironically cuts himself while shaving. Jonathan writes, of Dracula, that â€Å"his eyes blazed with a sort of demoniac fury, and he suddenly made a grab at my throat† (Stoker 33). This perceived fury is the Countà ¢â‚¬â„¢s thirst for blood. The fury being described as demoniac shows that Dracula is not of this world, he acts like a demon, a monster from hell. Through blazing eyes, Edward and Count Dracula convey their hatred toward others. Edward’s hate toward the men in Port Angeles is revealed when, â€Å"his blazing eyes stared straight ahead† as he drove at high speeds through parts of the town

Tuesday, December 17, 2019

Eden Lenner. Book Review- Winning The War Of Words . One

Eden Lenner Book Review- Winning the War of Words One problem for someone trying to offer a defense of Israel despite the determined intellectual attack on the country in recent years is that, while the assault is simply and easily understood; the defense is harder to explain. To defame the country one simply needs to say ‘colonization’ or ‘apartheid’, and add a photo of a soldier manhandling a child, but to defend Israel requires an expansive understanding of at least 100 years of history in both Europe and the Middle East, an understanding of how we have reached this moment, and of what Israel’s only choices are right now. Anyone trying to explain Israel’s case needs to be mature enough to make sense of this to people outside the†¦show more content†¦Like many Israelis, she had her mind changed by the Palestinians repeatedly rejecting Israel’s peace offers and by their use of brutal terrorism. She writes that she noticed, what she had previously regarded as legitimate critici sm of Israeli policies was in fact something different, it was an ideology disturbing in its intention and content. She concluded that this criticism wasn’t about a two-state solution at all, but it ‘only very thinly masks a deep and visceral hatred for the state and its people that cannot be explained by mere criticism for the policies of some of its elected governments.’ Things move so far and so fast in the Middle East that some of the pieces here already seem like distant history just a year or two after happening and being written. If Iran, in 2013, ‘felt that the economic pressure and the credible threat of military intervention were to threaten its very survival, it might, just as Assad did with the chemical weapons, go as far as give up the entire nuclear program altogether.’ Before 2014 started was a relatively peaceful time. But of course, we know now that the West will never make such a threat, that the mullahs will have their way, and that the Americans are in retreat amidst the confused ruins of their policies as the Russians move in. Wilf’s views are particularly sharp towards the regional turmoil due to many in the West being

Monday, December 9, 2019

Law of Contract Business Incorporate Company

Question: Describe about the Law of Contract for Business Incorporate Company. Answer: 1: In this question, Bob's daughter Alice informed him that if he incorporates the company, he can catch twice the quota of scallops that can be caught by each person in a single year. In this regard, according to Scallop Fishing and Marketing Act only 50 ton scallops are allowed to be caught by one person in a single year. But Bob has the capability to catch more scallops, and he also wishes to earn more, therefore Alice had told him that if he incorporates a company, it will be a separate entity under the law and in this way, he can catch twice the amount of scallops. In order to decide the above-mentioned issue, the application of the doctrine of separate entity needs to be considered. In Salomon v Salomon, the court had specified that a duly created corporation enjoys the status of a distinct entity that is distinct from the members who had formed the company. Generally this principle is followed by the courts. Due to this notion, a corporate veil is considered to exist between the company and its members. Hence it can be said that a duly incorporated corporation is to be considered as a different body and it is different from its members (Graw, 2011). There are some instances where it may be required that this corporate veil should be lifted by the courts to enforce liability on the members or for the purpose of revealing the real nature of the company. The justification after the instances where the corporate veil may be lifted by the court is that the regulation does not permit that the corporate veil should be misused by certain persons. Due to this reason if under the circumstances, it appears to the court that the corporate form is being distorted by the persons who have formed the company, the court might disregard the corporate veil and reveal the true nature of the corporation. Hence, these are the cases where the court may disregard the notion of isolated lawful character that has been provided in Salomon. According to the corporations law, it is believed that a distinct legal entity has been created when the company has been duly registered. But occasionally, the court might disregard the corporate veil for enforcing liability on the members who were behind this veil. Consequently, the court can disregard the legal fiction of separate entity (Latimer, 2016). The term used for such a situation is piercing the corporate veil. The result is that under the circumstances mentioned above, the court may arrive at the conclusion that the distinct lawful character of the organization should be overlooked and the true nature of the corporation should be revealed by the court. When it has been determined by the court that the corporate veil should be impaled, the court can ignore the companys structure for enforcing a liability on the members even if the notion of distinct personality is strictly applied, such liability can be imposed on the member of the company (Lipton, Herzberg and Welsh, 201 6). When it has been decided that the corporate veil should be lifted, the court may impose any liability of the company on its members. However there are very rare circumstances when the court is allowed to do so. Therefore it can be said that the general rule still provides that the obligations of a firm are enforceable only against the corporate. On the grounds of the above-mentioned legal provisions, in the present question also, the Scallop Fishing and Marketing Act states that every fisherman can catch 50 tons of scallops only. But Bob wants to catch more scallops. Therefore he is looking for the ways to escape these provisions and increase the quota of his catch. Under these circumstances, Bob's daughter Alice had stated that if he incorporates a company, he may double his quota of scallops. Alice believes that as the law considers that the company has its own distinct identity, Bob will be allowed to catch 50 tons of scallops in his personal capacity and 50 tons on behalf of the company. But by giving this advice, Alice had ignored the notion of piercing the corporate veil. As in this case, it will be clear that the new company is created only for escaping the legislative provisions mentioned in Scallop Fishing and Marketing Act, it may be available to a court to impale the corporate veil in this case and look behind the structure of the new corporation formed by Bob and impose liability on Bob Beech. On these grounds, it can be said that the advice given by Alice is not correct 2: In this question, the issue arises if the parent company, New Nirvana Ltd. can be responsible for the carelessness of its subsidiary, Nuclear Blast Sounds. The brief facts are that Nuclear Blast Sounds was responsible for setting sound at the performances of N/N. But owing to negligence, the sound was set at such a high level that certain persons in audience underwent hearing loss permanently. These members wanted to initiate a claim for negligence but they came to know that Nuclear Blast doesnt have the required funds for paying damages that the court may grant to these persons. This corporation doesnt have negligence insurance. Consequently the injured persons are willing to bring a claim against New Nirvana as this company can pay the expected damages. The basic rule of the corporations' law that is applicable in such cases provides that a parent company cannot be responsible for the acts of the subsidiary. This way, the basic rule clearly provides that parent company cannot be responsible for the actions of subsidiary. But an exception is also present to the general rule. According to this exception, in some cases, the court may resolve that the corporate veil needs to be pierced and consequently the parent company can be held accountable for the obligations of the subsidiary. In case of lifting the corporate veil, the court ignores the protection that is provided by the doctrine of limited liability entity (Vermeesch and Lindgren, 2011,). For the purpose of basing the corporate veil and to arrive at the conclusion that the parent company needs to be held responsible for the obligations of its subsidiary, the plaintiff has to establish that the corporation had an overt intention to disregard the corporate entity for the purpose of avoiding a duty that was owed towards the plaintiff. The law provides that in some cases, the court may left the corporate veil in case of a group of companies and treat them as partners. For instance in D.H.N. Food Products V. Tower Hamlets, DHN was the holding company and there were three companies in the group. The other two companies were the wholly-owned subsidiaries of DHN. One of the subsidiary companies owned the land that was used by DHN at the other subsidiary company retained the vehicles that were used by DHN. Therefore when this land was subjected to compulsory purchase, DHN wanted compensation for disturbing its business. While deciding the case, the court stated that the subsidiary companies were bound and therefore to the parent company and were required to do whatever the parent company wanted them to do. Therefore, this group can be considered as the same as a partnership and all the three companies can be considered as partners. The court stated that these three companies should not be considered distinctly so that t hey will be beaten on a procedural argument. The result was that the court stated that DHN was entitled to compensation. Therefore in this case, the court disregarded the principle of separate corporate personality. But it needs to be noted that such a decision is likely to be delivered by the court only when the subsidiary companies are wholly owned by the parent company and they have no other issue other than owning the assets of the parent company. On these grounds, in the present case, it can be said that the court can impale the corporate veil and determine New Nirvana as accountable for the negligence of Nuclear Blast. 3: The relevant provision that deals with the present issue has been mentioned in section 140, Corporations Act, 2001. For this purpose, section 140(1) mentions that the constitution of the company should be treated as having the effect of a contract that has been concluded between:- The corporation and each of its members (s140(1)(a)) The company and each director/company secretary of the corporation (s140(1)(b)) A member of the company and other members (s140(1)(c)). In this way, the constitution and the replaceable rules form of legislative contract created among the corporation and the members and officers, including the directors. In Hickman v Kent (1915), it was stated by the court that the corporation can enforce the provisions of its constitution against the members of the company. But at the same time, it has also been mentioned in Eley v Positive Life Assurance Co (1875) that the members cannot enforce the provisions mentioned in the Constitution of the company that appeared to confer rights on these members in some extra capacity except their capacity as the members of the corporation. In this way, concerning the contractual influence of the constitution and the replaceable rules applying to a company, it should be emphasized that this effect is restricted to the above mentioned situations. The result is that no rights are provided under common law to any person in any other capacity. The decision in Eley v Positive Life (1876) establishes this point. Mr. Eley was chosen by the company as its solicitor. Afterwards, he was also made a member of the corporation. His selection was stated in the articles. These also stated that Eley will act as the company's solicitor for his life. Under these circumstances, some time later, the company decided to remove Eley as company's solicitor. The result was that Eley started legal proceedings in the court, alleging breach of contract by the insurance company. But the court determined that the articles did not provide any rights to Eley in any other capacity except as companys member. The court stated that because these rights we re not affected; the action for breach of contract initiated by Eley cannot succeed. The position under the common law in this regard was also illustrated by Hickman v Kent (1915). The articles declared that if a disagreement arose between the company and its members, such a dispute needs to be brought before an arbitrator before starting any court proceedings. However, when a dispute arose between the company and Hickman, he direct away started proceedings in the court and did not refer the matter to an arbitrator as required by the articles of the company. As a result, the company could obtain a stay of the legal proceedings started by Hickman. Consequently, in this case also, it can be said that Don cannot successfully sue Millennium Pty Ltd for breaching the contract when some other person was nominated as companys solicitor. On the other hand, Millennium Pty may obtain a stay of the legal proceedings because these were started without referring to dispute to an arbitrator. References Graw, S. 2011, An Introduction to the Law of Contract, 7th Ed., Thomson Reuters. Latimer, P, 2016, Australian Business Law CC, 2016 Edition Vermeesch, R B, Lindgren, K E, 2011, Business Law of Australia Butterworths, 12th Edition Lipton P, Herzberg A and Welsh, M, 2016, Understanding Company Law, 18th edition, Thomson Reuters Case Law Adams v Cape Industries plc [1990] Ch 433 DHN Food Distributors Ltd v Tower Hamlets London Borough Council [1976] 1 WLR 852 Eley v Positive Life Assurance Co Ltd [1876] 1 Ex D 88 Hickman v Kent or Romney Marsh Sheep-breeders Association [1915] 1 Ch D 881 Salomon v Salomon Co [1897] AC 22

Sunday, December 1, 2019

Research Indian Retail Industry Essay Example

Research: Indian Retail Industry Essay Aim To develop learners’ skills of independent enquiry and critical analysis by undertaking a sustained research investigation of direct relevance to their Higher Education programme and professional development. Summary of Learning Outcomes To achieve pass learners must demonstrate the ability to deal with each of the following outcomes: Understand how to formulate a research specification Be able to implement the research project within agreed procedures and to specification Be able to evaluate the research outcomes Be able to present the research outcomes. Scenario For the assignment, you will be required to select Research project into an area of commercial business practice that interests you. The study should use both primary and secondary sources of information, and analysis should be done by using appropriate methods and present the findings with regard to initial proposal. Or The Indian Retail Industry is the largest among all the industries, accounting for over 10 per cent of the country’s GDP and around 8 per cent of the employment. The Retail Industry in India has come forth as one of the most dynamic and fast paced industries with several players entering the market. We will write a custom essay sample on Research: Indian Retail Industry specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Research: Indian Retail Industry specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Research: Indian Retail Industry specifically for you FOR ONLY $16.38 $13.9/page Hire Writer But all of them have not yet tasted success because of the heavy initial investments that are required to break even with other companies and compete with them. The Indian Retail Industry is gradually inching its way towards becoming the next boom industry. Despite of exponential growth, the retail industry in India facing enormous challenges. Your research should dwell upon challenges in Indian retail industry. Major Retailers in India Pantaloon: Pantaloon is one of the biggest retailers in India with more than 450 stores across the country. Headquartered in Mumbai, it has more than 5 million sq. ft retail space located across the country. Its growing at an enviable pace and is expected to reach 30 million sq. ft by the year 2010. In 2001, Pantaloon launched countrys first hypermarket ‘Big Bazaar’. It has the following retail segments: Food amp; Grocery: Big Bazaar, Food Bazaar Home Solutions: Hometown, Furniture Bazaar, Collection-i Consumer Electronics: e-zone Shoes: Shoe Factory Books, Music amp; Gifts: Depot Health amp; Beauty Care: Star, Sitara E-tailing: Futurebazaar. com Entertainment: Bowling Co. Tata Group Tata group is another major player in Indian retail industry with its subsidiary Trent, which operates Westside and Star India Bazaar. Established in 1998, it also acquired the largest book and music retailer in India ‘Landmark’ in 2005. Trent owns over 4 lakh sq. ft retail space across the country. RPG Group RPG Group is one of the earlier entrants in the Indian retail market, when it came into food amp; grocery retailing in 1996 with its retail Foodworld stores. Later it also opened the pharmacy and beauty care outlets ‘Health amp; Glow’. Reliance Reliance is one of the biggest players in Indian retail industry. More than 300 Reliance Fresh stores and Reliance Mart are quite popular in the Indian retail market. Its expecting its sales to reach  Rs. 90,000 crores by 2010. AV Birla Group AV Birla Group has a strong presence in Indian apparel retailing. The brands like Louis Phillipe, Allen Solly, Van Heusen, Peter England are quite popular. Its also investing in other segments of retail. It will invest  Rs. 8000-9000 cores by 2010. Retail formats in India Hyper marts/supermarkets: large self-servicing outlets offering products from a variety of categories. Mom-and-pop stores: they are family owned business catering to small sections; they are individually handled retail outlets and have a personal touch. Departmental stores: are general retail merchandisers offering quality products and services. Convenience stores: are located in residential areas with slightly higher prices goods due to the convenience offered. Shopping malls: the biggest form of retail in India, malls offers customers a mix of all types of products and services including entertainment and food under a single roof. E-trailers: are retailers providing online buying and selling of products and services. Discount stores: these are factory outlets that give discount on the MRP. Vending: it is a relatively new entry, in the retail sector. Here beverages, snacks and other small items can be bought via vending machine. Category killers: small specialty stores that offer a variety of categories. They are known as category killers as they focus on specific categories, such as electronics and sporting goods. This is also known as Multi Brand Outlets or MBOs. Specialty stores: are retail chains dealing in specific categories and provide deep assortment. Mumbais Crossword Book Store and RPGs Music World are a couple of examples. Challenges facing Indian retail industry The tax structure in India favors small retail business Lack of adequate infrastructure facilities High cost of real estate Dissimilarity in consumer groups Restrictions in Foreign Direct Investment Shortage of retail study options Shortage of trained manpower Low retail management skill Web sources: http://www. fibre2fashion. com/industry-article/free-retail-industry-article/ http://zenithresearch. org. in/images/stories/pdf/2012/May/ZIJMR/22_ZIJMR_Vol2_Issue5_May%202012. pdf http://www. economywatch. com/business-and-economy/challenges-indian-retail-industry. html http://indianresearchjournals. com/pdf/APJMMR/2012/September/1. pdf LO-1: Understand how to formulate a research specification . 1. Formulate and record the research project outline specifications. (AC 1. 1) 1. 2. Identify the factors that contribute to the process of research project selection. (AC 1. 2) 1. 3. Undertake a critical review of key references for the proposed research project. (AC 1. 3) 1. 4. Produce a research project specification. (AC 1. 4) 1. 5. Provide an appropriate plan and procedures for the agree d research specification. (AC . 5) LO-2: Be able to implement the research project within agreed procedures and to specification 2. 1. Match resources efficiently to the research question or hypothesis. AC 2. 1) 2. 2. Outline how you undertake the proposed research investigation in accordance with the agreed specification and procedures. (AC 2. 2) 2. 3. Record and collate appropriate and relevant data. (AC 2. 3) LO-3: Be able to evaluate the research outcomes 3. 1. Using appropriate research evaluation techniques, evaluate the collected data. (AC 3. 1) 3. 2. Interpret and analyze the results in terms of the outlined research specification. (AC 3. 2) 3. 3. Make recommendations and justify areas of study for further consideration. (AC 3. 3) LO-4: Be able to present the research outcomes 4. 1. Use report format to present the outcomes of the research to an audience. (AC 4. 1) Marking and Grading Pass Assessment Criteria To achieve PASS grade the student must meet all the learning outcomes mentioned below: Outcomes| Assessment criteria for passTo achieve each outcome a learner must demonstrate the ability to:| LO1Understand how to formulate a researchspecification| 1. 1. formulate and record possible research project outline specifications1. 2. identify the factors that contribute to the process of research project selection1. 3. undertake a critical review of key references1. 4. produce a research project specification1. . provide an appropriate plan and procedures for the agreed research specification| LO2 Be able to implement the research project withinagreed procedures and to specification| 2. 1. match resources efficiently to the research question or hypothesis2. 2 undertake the proposed research investigation in accordance with the agreed specification and procedures2 . 3 record and collate relevant data where appropriate| LO3 Be able to evaluate the research outcomes| 3. 1. use appropriate research evaluation techniques3. 2. interpret and analyze the results in terms of the original research specification3. make recommendations and justify areas for furtherconsideration| LO4 Be able to present the research outcomes| 1. 1 Use an agreed format and appropriate media to present the outcomes of the research to an audience. | * Merit/Distinction Assessment Criteria Merit: M1: Effective choices and judgements have been made (Applicable Task 1. a. (AC 1. 1), Applicable to Task 3. a. (AC3. 1)) M2: Range of sources of information has been used (Applicable to Task 1. c. (AC 1. 3),(Applicable to Task 1. d. (AC 1. 4)) M3:Communication has taken place in familiar and unfamiliar contexts(Applicable to Task 1. e. AC1. 5), Applicable to Task 2. c. (LO 2. 3)) Distinction: D1: Use critical reflection to evaluate possible alternative strategies for organization (Ap plicable to Task1. d. (AC 1. 4), Applicable to Task 3. b. (AC 3. 2)) D2: Autonomy/independent thought and analysis has been demonstrated (Applicable to Task 2. a. (AC2. 1), (Applicable to Task 3. c. (AC 3. 3)) D3: Convergent and logical thinking have been applied ((Applicable to Task 2. b. (AC 2. 2), Applicable to Task 3. a. (AC3. 1)) Note: The assignment shall be graded as ‘Not Achieved’ if a student does not i. Submit within stipulated time. ii. Meet all the assessment criteria. Submission Guidelines: The student must submit an assignment in a report format 800-1000 words for each task or 4000 (+/-) 500 words for the entire assignment. * Complete the title page and sign the statement of authenticity. * Upload the soft copy of final version of the assessment on live campus latest by 18. 00hrs. on the scheduled date. *Please use the standard report format available on live campus. Comply with the formatting rules stated therein. *For Late Submission policy, Plagiarism and Collusion please refer to your student course handbook available on Live Campus.