History of Ford Company essays

History of Ford Company essays Historical Development of the Ford Motor Company "Im going to democratize the automobile," said Henry Ford in 1909. When Im through, everybody will be able to afford one, and about everyone will have one. (1) The car evolved from a luxury item, to transportation for the regular man. The development of the Ford Motor Company has many contributing factors, such as Henry Ford himself, the Model T, the assembly line, and the five dollar day. Ford eventually became worldwide, and had a few ups and downs. The Ford Motor Company started with a man by the name of Henry Ford. He was born in 1863, in Dearborn, Michigan. He grew up on a farm, and when he was little he invented machines to make his farm chores easier. Soon he found a job as an assistant mechanic at Edison Illuminating Company in Detroit. While working at Edisons Illuminating Company, he was determined to create a working automobile. By 1893 he had made an internal combustion engine, which was the driving force in his machine he wanted to build. On June 4th, 1896 he had finished his automobile and sold his prototype for $200 dollars. The Ford Motor Company was formed in 1903 by Henry Ford and a dozen other investors to back him up. His automobiles were built by teams of mechanics. One team would work on an automobile one part at a time until it was finally complete. Fords early models were relatively expensive and only the rich people could own them. He did not want the company to make even more expensive models because he insisted that high prices slowed down the market. Henrys solution to this was to create a new cheaper model, the Model T. The Model T cost around $825 to buy and was very strong and light, weighing in around 1,200 pounds. His cars were so strong and light because he used French steel to build his automobiles. French steel was lighter and had almost three times the strength of the best steel other automobile company&apos...

Conjugation of the Spanish Verb Venir

Conjugation of the Spanish Verb Venir Below is the conjugation of venir, which usually means to come. Like many other common Spanish verbs, venir is highly irregular. The stem of ven- sometimes changes to vin- when stressed, and a -d- or -g- is added to some endings. The only other verbs using the same conjugation pattern are those ending in -venir such as intervenir (often meaning to intervene or to take part) and prevenir (often meaning to prevent or to warn). In the charts below, irregular forms are in boldface. Conjugations of Basic Forms of Venir Infinitive (infinitivo): venir (to come) Gerund (gerundio): viniendo (coming) Participle (participio): venido (come) Conjugations of Simple Forms of Venir Present indicative (presente del indicativo): yo vengo, tà º vienes, usted/à ©l/ella viene, nosotros/as venimos, vosotros/as venà ­s, ustedes/ellos/ellas vienen (I come, you come, she comes, etc.) Preterite (pretà ©rito): yo vine, tà º viniste, usted/à ©l/ella vino, nosotros/as vinimos, vosotros/as vinisteis, ustedes/ellos/ellas vinieron (I came, you came, he came, etc.) Imperfect indicative (imperfecto del indicativo): yo venà ­a, tà º venà ­as, usted/à ©l/ella venà ­a, nosotros/as venà ­amos, vosotros/as venà ­ais, ustedes/ellos/ellas venà ­an (I used to come, you used to come, she used to come, etc.) Future (futuro): yo vendrà ©, tà º vendrs, usted/à ©l/ella vendr, nosotros/as vendremos, vosotros/as vendrà ©is, ustedes/ellos/ellas vendrn (I will come, you will come, he will come, etc.) Conditional (futuro hipotà ©tico): yo vendrà ­a, tà º vendrà ­as, usted/à ©l/ella vendrà ­a, nosotros/as vendrà ­amos, vosotros/as vendrà ­ais, ustedes/ellos/ellas vendrà ­an (I would come, you would come, she would come, etc.) Present subjunctive (presente del subjuntivo): que yo venga, que tà º vengas, que usted/à ©l/ella venga, que nosotros/as vengamos, que vosotros/as vengis, que ustedes/ellos/ellas vengan (that I come, that you come, that she come, etc.) Imperfect subjunctive (imperfecto del subjuntivo): que yo viniera (viniese), que tà º vinieras (vinieses), que usted/à ©l/ella viniera (viniese), que nosotros/as vinià ©ramos (vinià ©semos), que vosotros/as vinierais (vinieseis), que ustedes/ellos/ellas vinieran (viniesen) (that I came, that you came, that he came, etc.) Imperative (imperativo): ven (tà º), no vengas (tà º), venga (usted), vengamos (nosotros/as), venid (vosotros/as), no vengis (vosotros/as), vengan (ustedes) (come, dont come, etc.) Conjugations of Compound Forms of Venir The perfect tenses of venir consist of the appropriate conjugation of haber and the past participle, venido. The progressive or continuous tenses of venir consist of the appropriate conjugation of estar and the present participle or gerund, viniendo. Sample Sentences Using Venir and Related Verbs El futuro va a venir cargado de pruebas difà ­ciles. (The future is going to come loaded with difficult challenges.) Mi novia viene a verme. (My girlfriend is coming to see me.) El estudio dice que todos provenimos de un varà ³n que vivià ³ en frica hace unos 60.000 aà ±os. (The study says we all come from a man who lived in Africa some 60,000 years ago.) Muchos padres estaban viniendo a bautizar sus hijos y no eran miembros de la iglesia. (Many parents were coming to baptize their children and werent members of the church.) La sociedad ha promulgado leyes, y si las contravengo me meten en la crcel. (Society has enacted laws, and if I violate them they are putting me in jail.) He venido a buscarte.  (She has come to look for you.) Estaban viniendo porque querà ­an aprender ms. (They are coming because they wanted to learn more.) Es muy importante que yo venga a la ciudad. (It is very important that I come to the city.) Los narcotraficantes intervinieron en la venta del bosque.  (The drug traffickers participated in the sale of the forest.) Desde antes de nacer  ¿sabà ­amos que vendrà ­amos a la Tierra?  (Before being born, did we know we would come to Earth?) Exigen que las autoridades intervengan en el caso. (They are demanding that the authorities intervene in the case.) Con mi familia decidimos que nadie viniera.  (With my family we decided that nobody would come.) Los analistas prevenà ­an una lucha encarnizada entre Google y Microsoft. (Analysts expected a vicious fight between Microsoft and Google.) Espero que mis amigos vengan y me visiten. (I hope my friends come and visit me.) Key Takeaways The conjugation of venir is highly irregular with irregular forms found in all moods and in all tenses other than the imperfect and those using the past participle.The only other verbs conjugated in the same way are those ending in -venir.

Efficent Business Communications Essay Example | Topics and Well Written Essays - 1500 words

Efficent Business Communications - Essay Example It is therefore imperative that companies embrace the aspect of inter-cultural communication in order for them to be ranked globally. For business communication to be termed effective, it has to put into consideration the aspects of diversity and cultural awareness. At the work place, if these are upheld, the company will register greater productivity and smooth workflow. Therefore, cultural diversity and appreciation of diversity must be applied in business communication to ensure effectiveness. One of the reasons why companies need to embrace cultural awareness and appreciation of diversity in the course of their communication is because of the most recent advanced communication forms. The presence of the internet helps companies, including the locals and multinationals to interact with their local and international clients. Since these clients are of different cultural backgrounds, if the said company lacks the elements of cultural awareness and diversity appreciation in its commu nication plan, then such is likely to miss many profits due to the ineffective communication between it and its local and international clients (Gibson 2002). ... It is crucial that companies uphold cultural awareness and diversity because of the various benefits it presents. First, business communication keeps evolving because of the globalization concept that has brings world business cultures together. New economies ape and integrate aspects of organizational cultures of the stronger and established companies in some of the world’s influential nations. Both small and big businesses must uphold cultural diversity in their business communication plan, starting from the corporate boardrooms to employee break-rooms, they should understand the eccentricities of all cultures to which they are exposed (Okpara 2008). The perceptions in different native cultures have a great influence on language use. Therefore, people belonging to different cultural groups will tend to have a varied understanding of words in a language. In the workplace, employees therefore need to be extra-cautious to ensure that their messages are understood clearly, as th ey communicate with workers of different cultural backgrounds. Employees should avoid taboo topics while conversing. Additionally, different biases in religious aspects, political aspects, or social issues and nuances of life experiences differ between cultures, making it a challenge for employees to find a common ground while communicating. Additionally, different cultures have different ways of addressing and managing conflicts. A case in perspective is that in Netherlands, arguments are regarded as an ingredient for a healthy conversation and communication. On the contrary, people from Japan consider public arguments and disagreements as offensive.

Advantages might employees see in working for a truly global company Essay

Advantages might employees see in working for a truly global company - Essay Example In other words, the global companies operating outside of their home country in as much as possible would want their track records in a highly impeccable standard to ensure effective operations. Foreign companies operating overseas are found to have significant concern on human resource management prior to maximizing effective operations (Farley et al., 2004). According to Farley et al. (2004), maximizing efficiency and striving for superior quality are top priorities in the core values of MNC subsidiaries in China, which are synonymous with ability and performance as key considerations in promotion and salary. This potential point is primarily related with cultural issue. Global companies especially originating from other countries will tend to adapt and put a high value of consideration of cultural issues. Thus, this might be clearly emphasized in the HR (Human Resource) context. The very reason is the point that the human resource is highly associated with cultural background. In fact, every organization has specific cultural context which at some point would remarkably give potential impact on how the general human resource is dealt with. For example, the parent firm is normally known to formulate its corporate culture which can be observed in its core values, amidst the existing culture and tradition in the host country as this is significantly viewed to maximize effective operations and achievement of competitive advantage (Farley et al., 2004). Working therefore in companies like this will prove to be challenging but promising at some point due to the fact that in an organization diverse culture orientations can be remarkable (McSweeney, 2002). The probable difference between MNC subsidiaries and Multi-National Enterprise from a home country is therefore the presence of foreign culture in the former that could be simultaneously integrated with the firms’ organizational culture prior to

George Eastman Essay Example for Free

George Eastman Essay George Eastman is best remembered for his very significant invention which is the Kodak camera. Through his invention, he made photography easy and inexpensive to people. Although George Eastman was a dropout from school, he was able to support his mother and his two sisters, one of whom was severely handicapped . His father died early when he was 14, which is why he had to drop from school. He then worked in an insurance company and then in a local bank where he served as a clerk. Using his ability and creative mind, he invented the first camera which was powered by a roll film. A few years later, he successfully directed his own Eastman Kodak Company. His exposure in photography started when he was 24 when he planned to visit Sto. Domingo together with his co-worker. Before the vacation, he was advised to record their trip so he prepared photographic outfits and materials that are big and complicated. From there, he concentrated in making the long process of photography simple while he was employed as a clerk. After three years, he was able to finish his dry plate formula and patented machines for producing more plates and sold it to photographers . However, his business collapsed when he had to replace dry plates which were destroyed. Afterwards, he used lighter and more flexible support than glass . More developments followed when he used the coat of photogrphic emulsion on paper and loaded it in a roll holder . He again changed the paper into a transparent roll film and roll holder and the first roll film camera was devised. Various advertisements of his work ensued. In 1888, the Kodak camera was formally introduced and his statement, â€Å"you press the button, we do the rest† became a well- known phrase . His ingenuity has made the usually expensive photography available to all. Aside from that, George Eastman is known also as a philanthropist for giving away his fortune. One of his great contributions is the Rochester Institute of Technology . Bibliography George Eastman (2008) Kodak http://www. kodak. com/US/en/corp/kodakHistory/eastmanTheMan. shtml at 4 June See also studymoose.com/friendship-speech-essay

We Are Spending Too Much On Prisons Essay -- Persuasive Argumentative

We Are Spending Too Much On Prisons    Would you believe that America has spent around five hundred billion dollars on prisons.(Butterfield) Why are the tax payers of America spending so much money on prisons and not other effective solutions to stopping crime? The American legislation is closed minded about reducing crime. They believe that prison is the one and only solution. Since crime keeps occurring, more and more prisons need to be built and kept running for the increasing numbers of inmates that are pouring into prisons. Prison may be part of the solution, but there are other alternatives to help criminals. If we were to incorporate facilities like drug rehabilitation and job training into the criminal justice system then crime would be greatly reduced. Prisoners would commit fewer crimes after the experience of these facilities, therefore reducing the cost of building and maintaining prisons. The end result will be that the American tax payer's dollars will be available to go to more productive things than prison s.    Prisons require an abundance of money to be run properly and effectively. By using taxes to pay for prisons the American public pays to support the lives of inmates and all of their needs. Prisoners require food, drink, beds, supplies for doing other activities and all of the overlooked things in normal life that go along with these necessities. Inmates have special needs like all of us do. Inmates reguire medical care, for example some have AIDS or other diseases that require medicine which cumulate large bills over time.(Luzadder) Imagine the money amassed over a life sentence of paying for medicine. The American public pays for all of these expenses added to the actual building of the prison f... ...imes which would inevitably send him back to prison. While making perfect sense this solution drastically changes the concept of prison. The effects of social programs integrated with prisons start with helping direct the taxpayers money to more prolific uses, and expand to making people in America smarter, more educated less dangerous people.    Works Cited Federal Bureau of Prisons : http://www.bop.gov/ Inciardi, Dr. James A., A Corrections-Based Continuum of Effective Drug Abuse Treatment. National Criminal Justice Reference Service. Avialable: http://www.ncjrs.org/txtfiles/contdrug.txt Butterfield, Fox. "Prison: Where the Money Is." N.Y. Times, June 1, 1996 Luzadder, Dan. "House gets Bill That Pours Funds Into Prisons, Colleges." Rocky Mountain News Capitol Bureau. Avialable: http://insidedenver.com/extra/legislature/0325budg0.html   

Paulo Freire Essay

In â€Å"Pedagogy of the Oppressed†, Paulo Freire presents two concepts of education, banking and problem-posing. Specifically, Freire argues that in banking, teachers assume students are passive, take all control, determine what will be learned, and â€Å"fill† students with pre-selected information. Problem-posing education allows people to develop their human natures fully because it depends on dialogue, recognizes the relationship between people and the world, encourages discovery and creativity, and leads to transformation. Freire criticizes the banking method throughout the essay and clearly praises problem- posing in more than just an educational settings. For instance, narration sickness is a term used when the teacher talks about a subject as if it were â€Å"motionless, static, compartmentalized, and predictable. † In addition, necrophilia is another one of Freire’s exaggerated imagery, comparing the banking concept and oppression to the love for the dead. Freire supports the problem-posing method as being the only educational concept needed. His essay is well laid out with examples and supporting details, but is this practical for public education? Freire says that to be truly committed to ending banking the students must reject it all together. I have mixed feelings. It’s not that I do or don’t support this statement, but I do believe both concepts are necessary at some point in education. Some information presented to students can only be taught through repetition, memorization, and narration. For example, math and science equations are concepts needed to be memorized in order to complete problems. The way a student memorizes it can be creative and active, but it still falls under the banking category for needing to be told how to perform it.

Balco Employee’s Union V. Union of India

BALCO Employee’s Union v. Union of India – Significance in Administrative Law. Administrative decision making has been a subject of great discussion since long. The application of a mind, which is in not a strict sense judicial, the presence of arbitral preferences coupled with the fact of discretion allowed to the executive in decision making, more often than not, carries the impression of whims and caprices being involved while such decision has been taken. Related essay: AK Kraipak CaseThe question of why at all this is so, is to be answered not from a legal but from a humanitarian standpoint. Each human differs from other and when subjective satisfaction of a group of individuals is concerned, the executive wing of the state in the present case; it is bound to happen that one there will be a number of groups who do not agree with the decision so taken for they have their own criteria’s and yardsticks to measure the same. Possibly, the same is the case with administrative decision making.When the Government is satisfied, based upon the material considered and issues involved, that a given decision is appropriate for a circumstances, it may equivocally be true that it may not satisfy each and every individual concerned with the similar set of issues and therefore there may arise a conflict. History is full of examples and is enriching day by day of the instances in which executive decisions have been challenged on grounds of they being arbitrary, suffering from mala fide, based on non-satisfactory grounds, irrational, to name a few of them.The study of one such instance forms the essence of this paper. The decision of the Government of India to disinvest M/s Bharat Aluminum Company Limited, popularly known as BALCO was challenged by the employees of BALCO , State of Chattisgarh and by some public spirited individuals before various High Court and finally before the Supreme Court . It was challenged that the decision to disinvest BALCO was contrary to the legal and social interests of the employees as well as certain other legal issues were raised by different parties .The present study is to analyse the judgment of the Supreme Court in the instant case with a critical angle and also trace its legal impact with a special focus on the impact it has made upon Administrative law. To introduce the case, it would be advisable to dwell in the broad frame the case dealt with rather than to deal with the precise fac ts and issues. To categorize, the case dealt with a challenge to the administrative power of the Government on the matter of disinvestment of its stake in a government company as regards the procedure followed while so deciding and also the provisions that needs to be examined while deciding the issue.On a broader level, an administrative policy was under a challenge before the Court. The precise impact that this decision, therefore, had was on the level of administrative discretion that the executive enjoyed in the selection of and following of a policy which had a vital impact on the economic position of the country . Nevertheless, the answer of the Supreme Court has been affirmative and it was categorical in mentioning that unless the policy adopted by the government suffered from the vires of illegality or malafide .Not stopping at this, the Court also gave a substantive reflection on the aspect of natural rights and their applicability as regards the choice of administrative po licy . For a detailed analysis and to have a diverse perspective, the study has been divided into different chapters which deal with a host of issues involved in the case and for having a varied dimension. II. A BRIEF DESCRIPTION OF THE FACTS OF THE CASE The case arose to challenge the validity of the decision of the Union of India to disinvest and transfer 51% shares of M/s Bharat Aluminum Company Limited (hereinafter referred to as ‘BALCO’).The case was filed by way of a writ petition by the BALCO Employees’ Union by filing Writ Petition No. 2249 of 1999 in the High Court of Delhi when upon the recommendation of the Disinvestment Commission, the Cabinet Committee on Disinvestment approved the sale of 51% of the shares of BALCO to private ownership and thus reducing the status of the company from a Government Company to a private enterprise . Further, upon the same issue, a Public Interest Litigation (PIL) was filed by one Dr. B. L. Wadhera in the Delhi High Cou rt and similarly writ petition filed by Mr.Samund Singh Kanwar in the High Court of Chattisgarh wherein different steps of the disinvestment procedure were challenged. With the filing of the writ petitions in the High Court of Delhi and in the High Court of Chattisgarh, an application for transfer of the petitions was filed by the Union of India in the Supreme Court and by Order dated 9thApril, 2001, the writ petitions which were pending in the High Court of Delhi and Chattisgarh were transferred to the Supreme Court . CONTENTION OF THE PARTIES (A) On behalf of the BALCO Employees' Union.Before disinvestment, the entire paid-up capital of BALCO was owned and controlled by the Government of India and its administrative control co-vested in the Ministry of Mines. BALCO was, therefore, a State within the meaning of Article 12 of the Constitution . Therefore, by the reason of disinvestment the workmen had lost their right and protection under Articles 14 and 16 of the Constitution. This was an adverse civil consequence and, therefore, they had a right to be heard before and during the process of disinvestment .The type of consultation with the workmen which was necessary was, whether BALCO should go through the process of disinvestment; who should be the strategic partner; and how should the bid of the strategic partner be evaluated. It was further submitted that the workmen had reason to believe that apart from the sale of 51% of the shares in favour of Sterlite Industries the Agreement postulated that balance 49% will also be sold to them with the result that when normally in such cases 5% of the shares are disinvested in favour of the employees the same would not happen in the present case . B) On behalf of the Union of India It was submitted that disinvestment had become imperative both in the case of Centre and the States primarily for three reasons: a. Firstly, despite every effort the rate of returns of governmental enterprises had been woefully low, exclud ing the sectors in which government have a monopoly and for which they can, therefore, charge any price. The rate of return on central enterprises came to minus 4% while the cost at which the government borrows money is at the rate of 10 to 11%.In the States out of 946 State level enterprises, above 241 were not working at all; about 551 were making losses and 100 were reported not to be submitting their accounts at all . b. Secondly, neither the Centre nor the States have resources to sustain enterprises that are not able to stand on their own in the new environment of intense competition . c. Thirdly, despite repeated efforts it was not possible to change the work culture of governmental enterprises .As a result, even the strongest among them have been sinking into increasing difficulties as the environment is more and more competitive and technological change has become faster. Further it was submitted that the wisdom and advisability of economic policies of Government are not am enable to judicial review . It was not for Courts to consider the relative merits of different economic policies. Court was not the forum for resolving the conflicting clauses regarding the wisdom or advisability of policy.III. A CRITICAL ANALYSIS OF THE DECISION Besides the dispute that arose between the employees and the Government of India, the major controversy that arose as regards the Union’s decision to disinvest was on political lines. It was an accusation by the state Chief Minister that there were irregularities committed by the Union in coming up to disinvestment decision as well as the decisions suffered from arbitrary exercise of power and malafide .Another important factor which can be observed from a careful reading of the decision is that though the case was primarily to challenge the policy of disinvestment as being adopted and followed by the Union of India, the matter, as decided by the Supreme Court, revolved primarily around the rights of the employees an d their consequent protection after BALCO had actually been disinvested . The Court declined to review the policy decision of the Union Government on the adoption of a policy of disinvestment though in fact it was tried to be justified on behalf of the Union as reflected from the submissions of the Attorney General .Thus it can be said that the Court actually did not, at any stage, examine the correctness of the disinvestment policy for India. The Court tried to evade deciding upon this issue and thus giving it a name of administrative policy, it was approved. It is also important to note while laying down the decision the significance of the judgment far transcended the specifics of the BALCO transaction as it enunciates far-reaching principles that will influence the tenor of jurisprudence on economic affairs for long.The most pertinent example is of the case of Centre for Public Interest Litigation v. Union of India wherein the disinvestment of Hindustan Petroleum Company Limited (HPCL) and Bharat Petroleum Company Limited (BPCL) was approved on the grounds that since the disinvestment of BALCO was already allowed therefore there is no case made out whereby it could be proved unsuited to the Indian context though, in reality the process of disinvestment was never in fact approved in the BALCO case based upon the merits of the case .It is important to note that in the specific case of the alleged malfeasance in the case of BALCO, the Court categorically stated that â€Å"the facts herein show that fair, just and equitable procedure has been followed in carrying out this disinvestment. The allegations of lack of transparency or that the decision was taken in a hurry, or that there has been an arbitrary exercise of power are without any basis. It is a matter of regret that on behalf of the State of Chattisgarh such allegations against the Union of India have been made without any basis.We strongly deprecate such unfounded averments which have been made by an officer of the said State. † Thus the judgment was not simply a strong rebuke to the credibility of the Chief Minister Mr. Ajit Jogi, it also served to forestall further challenges by state governments on the federal government’s prerogatives on privatization . Also, the Court circumscribed the extent to which matters of economic policy and disinvestment in particular, and consequently matters of policy, shall be scrutinized by courts .The Court was categorical in stating that ‘‘it is neither within the domain of the Courts nor the scope of judicial review to embark upon an enquiry as to whether a particular policy is wise or whether a better public policy can be evolved. Nor are our Courts inclined to strike down a particular policy at the behest of a petitioner merely because it has been urged that a different policy would have been fairer or wiser or more scientific or more logical. Parliament is the proper forum for questioning such policy. Thus the Cour t held that such disputes were beyond the realm of judicial determination and were left to the legislature to have circumspection over such executive policies. Also, aware of the economic costs of the plant closure as a result of the judicial intervention, the Court for the first time declared that, ‘‘No ex parte relief by way of injunction or stay especially with respect to public projects and schemes or economic policies or schemes should be granted.It is only when the Court is satisfied for good and valid reasons that there will be irreparable and irretrievable damage can an injunction be issued after hearing all the parties. ’’ As a sort of warning, the Court sought to deprecate the excessive use of PILs as a medium to thrash government policies which were prima facie genuine and correct. It thus added, â€Å"the Petitioner should be put on appropriate terms such as providing an indemnity or an adequate undertaking to make good the loss or damage in th e event the PIL is dismissed. ’ It categorically held that ‘‘every matter of public interest or curiosity cannot be the subject matter of PIL. Courts are not intended to and nor should they conduct the administration of the country. Courts will interfere only if there is a clear violation of Constitutional or statutory provisions or noncompliance by the State with its Constitutional or statutory duties. ’ In regard to disinvestment specifically, it held, ‘‘The decision to disinvest and the implementation thereof is purely an administrative decision relating to the economic policy of the State and challenge to the same at the instance of a busybody cannot fall within the parameters of Public Interest Litigation. ’’ The Court also specified the contours of the rights of labour when policy changes were affected, for instance when the Government disinvests its equity in an enterprise.While holding that in the BALCO disinvestment case, the Government had exerted itself to protect the interests of employees of the company, more generally it was open for the Government, like any other employer, to take workers along, to keep them informed about prospective changes and to allay their apprehensions but, labour could not claim a right, either on the basis of natural justice or any other foundation, to be consulted, or the right to receive prior notice, or to be consulted at every stage of the process .The Court also specially held that ‘‘even a government servant, having the protection of not only Articles 14 and 16 of the Constitution but also of Article 311, had no absolute right to remain in service’’ and therefore the decision to change the control of the company from government to private hands was the sole prerogative of the government and could not be challenged by the employees. IV. IMPLICATIONS THAT FOLLOWED THE JUDGMENT It is true that the decision given by the Court in the BALCO cas e was based upon a sound appreciation of arguments, yet there are many implications which may follow pursuant to the decision.The major emphasis is on the policy of disinvestment. Though the Court did not go into the merits of the disinvestment policy per se yet, it did silently approve the policy to be followed by the Union . Thus the court supported the revival of the national economic with the support of private lines. The earlier policy of socialist economy, as upon which the Constitution was based and is as well enshrined in the Preamble, read with the State’s duty to avoid concentration of wealth in private hands as envisaged under the Directive Principles was not considered an appropriate solution for meeting the present day need i. . boosting the national economic growth . The observations of the Court on the aspect of natural justice may have been insignificant in terms of words spoken on it or portion of the judgment dealing with it yet; the impact which it has crea ted is enormous. The Court held that the principles of natural justice did not apply even in case the rights of the employees were affected as regards the change of their employer . They were not even given an opportunity to be heard and this was the sole bone of contention.For the very reason that Sterlite industries (the buyer) had given an undertaking that no employee of BALCO would be removed and the government had taken sufficient steps towards the protection of the employees, they had no reason to be heard. Employees, being connected with the manufacturing and other process in a much closer manner than any other body had, at least, the minimum right to put their views before the Court. Thus the participation of employees in the betterment of their organisation at the Board level was also discouraged.An important fact that may have evaded the critics was the method of computation of BALCO’s capital. Of the three different methods, the accounting method adopted for arrivi ng at the reserve price for the sale of BALCO was the one with the lowest result . It was never questioned by the Court. Thus it can be used in later cases before the Court that the method adopted by the Government is beyond judicial review too as it falls within the ambit of administrative discretion too . It may seem to be a remote issue nevertheless may be raised in the Courts.Further, the Court never did accept or uphold that disinvestment as a policy per se was a good policy to be implemented in the pursuance of national economic growth. Yet it was so stated in the later case wherein the disinvestment of HPCL and BPCL was challenged and it was contended by the Union of India that the policy of disinvestment was upheld by the Supreme Court in the BALCO case . These are some of the implications that may arise pursuant to the decision of the Supreme Court in the matter of the BALCO disinvestment process, as being conceived by the researcher.V. CONCLUSION The Supreme Court, in the celebrated case of Ram Jawaya Kapoor v. State of Punjab, observed thus, â€Å"the executive function comprises both the determination of policy as well as carrying into execution. The evidently includes the initiation of legislation, the maintenance of order, the promotion of social and economic welfare, the direction of foreign policy, in fact the carrying on or supervision of the general administration of the State† . Thus we find that the determination of policy has always been within the domain of the Executive.Therefore there remains no doubt that the government had the power to decide as to the adoption of a policy of disinvestment. It is this very precise reason that the same could not have been challenged successfully before the Court. Thus, it was challenged indirectly by taking the stand that such a policy would under the legal and constitutional rights of the employees of BALCO . Thus we find that the litigation, the reason for challenge and the motive behind such a challenge were flawed from its very beginning. The success of the petition was, therefore, never guaranteed.The main reason seems more of so political rather than legal, which initiated the present litigation. Nevertheless the Court was categorical in dealing with the issues. It laid to rest its critics while also issuing a stern warning that Public Interest Litigation should not be used as a means to invalidate policy decisions of government which in ordinary course were beyond judicial review. The Court also severely deprecated the action of the State officials who accused the Union Government of malafide and abuse without stating firm grounds for the same.On the aspect of the impact that the decision has created on administrative law, it can be said that it was not much except for the fact that it reiterated certain fundamental principles which had already been incorporated in the Indian legal stream. The fact of the administrative discretion and power to adopt and implement po licy decisions being beyond the scope of judicial review unless it suffered from illegalities or malafide was upheld .Further the Court upheld that there was no violation of principles of natural justice by non-hearing of the employees in the entire disinvestment process as it was purely a matter of administrative choice wherein the employees had no stake. It may be hard to adjust but seems to be a sound legal principle indeed. After all the rights of the employees were protected under different labour and industrial legislations no matter who the employer was. Thus accepting the fact that they had an interest in the management of the company yet, it was not incumbent or essential to take their views before deciding the entire process.The silent approval of the disinvestment process by the Apex Court also symbolizes the fact that the Court also feels it in the interest of national interests and the economy on the whole. This the Court expounded in a later case when it approved the s ale of HPCL and BPCL on similar lines as BALCO. Thus, on a whole, though the case may failed to give any novel concept, yet it is landmark of its own kind. It was an attempt on the part of the Court to define its own limits on judicial review. It also stretched the scope for the exercise of administrative powers in making policy decision. REFERENCESARTICLES: 1. Devesh Kapur and Ravi Ramamurti, Privatization in India: The Imperatives and Consequences of Gradualism, (Center For Research On Economic Development And Policy Reform, 2003, Last visited on September 7th, 2011). 2. Presentation on Disinvestment, as presented by the Union of India at the OECD CONFERENCE on Privatisation, Employment and Employees, 10-11 OCTOBER 2002, Turkey, Last visited on September 7th, 2011). 3. Shankar Acharya, India’s Macroeconomic Management In The Nineties, (As Prepared For Indian Council For Research On International Economic Relations, 2001, ; http://www. crier. org/; Last visited on September 7th, 2011). 4. T. N. Srinivasan, Economic Reforms and Global Integration, (Policy Paper, as presented to Center for Research on Economic Development and Policy Reform, Stanford University, 2001). 5. V. Sridhar, Battle over Balco, (The Frontline, Volume 18 – Issue 06, Mar. 17 – 30, 2001, Last visited on September 7th, 2011). BOOKS: 1. Jain & Jain, Principles of Administrative Law, (Wadhwa & Co. , Nagpur, 4th edition, 2003). 2. I. P. Messy, Principles of Adminstrative Law, (Eastern Book Company, Lucknow, 2003).

Property Law Practice 2013-14 Report on Legal Liability The WritePass Journal

Property Law Practice 2013-14 Report on Legal Liability A.  Ã‚  Ã‚  Ã‚   Issues: Property Law Practice 2013-14 Report on Legal Liability , 4.7). Limitation of liability cannot occur, because the action will be in nuisance and under the land law. Thus, there needs to be proper designing of the building, which means that ABC will be ultimately liable as it is using an in house architect. Another potential nuisance that may arise is if ABC and XYZ do not minimise the dust and debris from the site (Andreae v Selfridge [1938] Ch1). ABC may delegate these obligations to XYZ and limit liability; however, as the owner occupier there is still a duty to supervise. This means that to limit liability ABC will need to have a supervisory plan in place. F. Occupier’s Liability: Homeless Persons Vacant Site: The frequenting of homeless people may give rise to legal liability if the site is not appropriately secure to prevent access. Section 1(1) of the Occupiers Liability Act 1957 (OLA 1957) provides a duty of care to visitors on the site (Adriaanse, 2010, p. 126).   A homeless person will not be identified as a visitor; rather he/she will be a trespasser. However, the Occupiers Liability Act 1984 (OLA 1984) requires that visitors on a construction site without invitation also have to be protected. It is arguable that the property is not a construction site yet, but this does not mean that there should be no protection for trespassers at all. Rather, there is still an obligation to prevent harm to trespassers. Under s. 1(2) OLA 1957 it provides that there is an obligation to protect licensees. A licensee can be a trespasser who enters the land where the occupier is aware of the trespass and the danger (Lowery v Walker  [1911] AC 10). Without knowledge of the trespass, there will not be a direct obligation (Edwards v Railway Executive  [1952] AC 737). Taylor v Glasgow City Council  [1922] 1 AC 44  indicates that if there is an allurement on the land, such as a vacant property then a license may be implied. This has been limited with OLA 1984, as such there is a reluctance to impute an implied license based on allurement alone (i.e. the imputed knowledge that individuals will enter the land) (Tomlinson v Congleton  [2003] 3 WLR 705). The implication is that the accessibility of the site is not enough to impute occupier’s liability. The failure to prevent the homeless persons would give rise to liability under s. 1(2) OLA 1957. To discharge liability under s. 1(2) OLA 1957, ABC has to take all reasonable acts to make the property safe (s. 2(2) OLA 1957). It is possible for him to discharge liability through a notice, which identifies that no trespassers are allowed (Roles v Nathan  [1963] 1 WLR 1117) and the danger of the site is identified (White v Blackmore  [1972] 3 WLR 296). It may be argued that if no sign is put up, and the danger is obvious then there will not be liability against ABC because the individual has assumed the risk (Darby v National Trust  (2001) 3 LGLR 29). Nevertheless, as the property is boarded up it may not be obvious how dangerous the site is to others. Recommendation: Therefore, a sign that clearly should be posted, which states that: No trespassers are allowed; and The dangers of the site The posting of the sign should be at all possible access points, in order to exclude liability. Liability for Active Construction Site: When the site becomes active, there may be dual liability under OLA 1957 and OLA 1984 for ABC and XYZ. This will depend on the nature of control by ABC and XYZ (Adriaanse, 2010, p. 126). For XYZ to be held as an occupier, it should have a degree of control and supervision (Wheat v Lacon [1966] AC 552). As XYZ is the controlling contractor then it will owe an obligation to prevent visitors, employees and sub-contractors from dangers caused by physical defects on the site (Bunker v Charles Brand [1969] 2 QB 480). It is important to stress that there is an obligation on ABC and XYZ to secure the site, which includes all moveable; otherwise liability may arise from harm that emanates from the site (Jolley v London Borough Council [2000] 1 WLR 1083). Securing of the site is also important, because if children access it and are harmed then there will be liability, even with signage, due to the frivolity of youth doctrine (confirmed in OLA 1984) (Keown v Coventry Trust Healthcare NHS [2006] EWCA Civ 39). If the harm is caused by an adult entering the site when there is clear signage of danger then there is assumption of risk and no obligation is owed (Tomlinson v Congelton). Recommendation: ABC and XYZ will need to ensure that there are special measures in place to secure the property when it is an active construction site. This is because any harm that emanates from the site needs to be reasonably mitigated (s. 2(2) OLA 1957) to protect third parties on the site or passing by the site. Securing the site, in order to prevent children entering is paramount, because signage is not enough. Nevertheless, such signage is important to prevent liability for adult trespassers, such as the homeless persons. G.Obligations under the PWA 1996: There is an obligation under s. 1(1) PWA 1996 that there must be notification of any work on a party wall, or that may affect a party wall (Jessop, 2000, p. 8). In fact, Excavations below the level of the foundations of nearby buildings also require that there are notifications under s. 6 PWA 1996. Finally, ss. 2 to 5 PWA 1996 provides that works directly on the party walls, which pose harm to the neighbour’s wall must be notified (Bickford Smith and Lamont, 2007, p. 2). The failure for ABC to notify those neighbours under the PWA 1996 will result in a civil breach of the act. In addition, any damage that is caused must be rectified (Geoffrey Kaye v Matthew Lawrence [2010] EWHC 2678). The obligations of notification are as follows: There must be at least one month’s notice before the construction starts (ss. 2-3 PWA 1996); The neighbours then have the right to consent, consent with provisos or reject the proposed building (s. 4 PWA 1996); and If the neighbour fails to reply and/or no agreement is made then s. 10 PWA 1996 must be engaged (i.e. the dispute resolution procedure) (RICS, 2011; s. 4.1 PWA 1996). A security may be requested by the affected neighbours in case there is harm to the party walls ( 12(1) PWA 1996), in order to meet the obligation of rectification. The failure to engage the notice procedure is too big a risk, because if notice is not served, and harm occurs then there is a presumption of negligence that cannot be discharged (Roadrunner Properties Limited v (1) John Dean (2) Suffolk and Essex Joinery Limited [2003] EWCA Civ 1816). Recommendation: It is essential that ABC serves notices of all neighbours that fall under the PWA 1996; otherwise, it will be in breach of the act, and if harm occurs, there is a presumption of negligence that cannot be waived. Rather, it is the obligation of ABC to prove they were not liable for the harm, which is difficult due to the nature of the harm. ABC may argue that they are not liable, because such an act is delegated to XYZ and liability limited. However, the PWA 1996 holds the property owner liable, which cannot be delegated. H. Conclusion: To summarise the following recommendations identified in each of the sections highlight that there are obligations that ABC and XYZ will owe. Many of the obligations cannot be excluded through limitation of liability clauses and notices. Those that do allow limitation of liability requires reasonable steps to be taken, in order to notify persons of the potential harm (e.g. proper and sufficient signposting of the danger of the site, prohibition of trespassers and limitation of liability). Thus, the overall advice that is given is that ABC and XYZ do not cut corners and fully comply with the law, especially the PWA 1996 due to the nature of the construction project. References: Adriaanse, J (2010) Construction Contract Law 3rd Edition, Palgrave MacMillan Bickford Smith, S and Lamont, C (2007) â€Å"Party Walls etc Act 1996: Ten Years On† Property Bar Association Mini-Conference 13th November 2007 Dugdale, T (2006) â€Å"The Date of Damage in Defective Property Cases† PN 22(3) 196-199 Jessop, D. (2002) ‘Party Wall Practice Procedure in Brief’, The Journal of the RICS Building Surveying Faculty 4, 8-10 Law Commission (2013) Rights to Light Consultation Paper 210 Lowe, D (2005) Duty of Care Deeds and Commercial Property RICS McGee, A   (2000) â€Å"Economic Loss and the problem of the running of time† (2000) CJQ 19, 39-55 Cases: Abbott v Will Gannon Smith [2005] PNLR 30 CA Andreae v Selfridge [1938] Ch1 Bernstein of Leigh (Baron) v. Skyviews General Ltd. [1978] Q.B. 479 Bunker v Charles Brand [1969] 2 QB 480 D F Estates v Church Commissioners for England and Wales [1989] AC 177 D F Estates v Church Commissioners for England and Wales [1989] AC 177 Darby v National Trust  (2001) 3 LGLR 29 Duke of Westminster v Guild [1985] QB 688 East Ham v Bernard Sunley [1966] AC 406 Edwards v Railway Executive  [1952] AC 737 Geoffrey Kaye v Matthew Lawrence [2010] EWHC 2678 Hedley Byrne v Heller Partners [1964] AC 465 HL Invercargill City Council v Hamlin [1996] 1 NZLR 513 IRC v Maxse (1919) 12 TC 41 Jolley v London Borough Council [2000] 1 WLR 1083 Kelsen v Imperial Tobacco Co [1957] 2 QB 334 Keown v Coventry Trust Healthcare NHS [2006] EWCA Civ 39 Lanphier v Phipos (1838) 8 CP 47 Liverpool City Council v Irwin [1977] AC 239 Lowery v Walker  [1911] AC 10 Michael Hyde and Associates Ltd v JD Williams and Co Ltd [2000] EWCA Civ 211   Midland Bank Trust Co Ltd V Hett, Stubbs and Kemp [1978] 2 WLR 167 Murphy v Brentwood DC [1991] 1 AC 398 Murphy v Brentwood DC [1991] 1 AC 398 Nye Saunders and Partners (a firm) v Alan E Bristow (1987) BLR 92 Pirelli General Cable Works Ltd v Oscar Faber and Partners [1983] 2 AC 1 Ratcliffe v Sandwell MBC [2002] EWCA Civ 6 (2002) 1 WLR 1488 Roles v Nathan  [1963] 1 WLR 1117 Saif Ali v Sydney Mitchell [1980] AC 198; Taylor v Glasgow City Council  [1922] 1 AC 44 Tomlinson v Congleton  [2003] 3 WLR 705 Turiff Ltd v Welsh National Water Development Authority [1994] Const LY 122 Westminster City Council v Ocean Leisure [2004] BLR 393). Wheat v Lacon [1966] AC 552 White v Blackmore  [1972] 3 WLR 296

Definitions and Examples of Orthography

Definitions and Examples of Orthography Orthography is the practice or study of correct spelling according to established usage. In a broader sense,  orthography can refer to the study of letters and how they are used to express sounds and form words.  Prosody  and  orthography are not parts of  grammar,  Ben Johnson  wrote in the early 1600s, but diffused like the blood and spirits through the whole. Adjective: orthographic or orthographical.Etymology:  From the Greek, correct writingPronunciation:  or-THOG-rah-fee Examples and Observations Mark TwainSome people have an idea that correct spelling can be taught, and taught to anybody. That is a mistake. The spelling faculty is born in man, like poetry, music and art. It is a gift; a talent. People who have this talent in a high degree need only to see a word once in print and it is forever photographed upon their memory. They cannot forget it. People who havent it must be content to spell more or less like thunder, and expect to splinter the dictionary wherever their orthographic lightning happens to strike. Graphology Tom McArthurIn linguistics... the name for the study of the writing system is graphology, a level of language parallel to phonology. The earlier, prescriptive sense of the term [orthography] continues to be used, but the later, more neutral sense is common among scholars of language. Spelling Variations David CrystalEven in orthography, the area that is often said to have become completely standardized by 1800, we find a remarkable amount of variation, as Sidney Greenbaum established in 1986. He carried out a survey to estimate how much spelling variation there was in Modern English... He found an average of three variant forms per page [of a dictionary]296 entries... As a percentage of all the entries in the dictionary, this was a remarkable 5.6 per cent. Ben Franklins Warning David Wolman[Benjamin] Franklin felt that the ever-widening gap between spelling and pronunciation was leading the language down a denigrating path toward a logographic orthography, in which symbols represent whole words, not a system for producing sound units, as in c-a-t. He considered languages like Mandarin ghastly for their memorization requirements, an old manner of Writing that was less sophisticated than a phonological alphabet. If we go on as we have done a few Centuries longer, Franklin warned, our words will gradually cease to express sounds, they will only stand for things. Spelling Reform Joseph BergerLike such ideological forefathers as George Bernard Shaw, Theodore Roosevelt and Andrew Carnegie, [Edward Rondthaler] wants to clear up the whims of spelling by adopting a more phonetic version of English, one where words are written as they sound and pronounced as they are written...The kee to ending English iliterasy is to adopt a speling thats riten as it sounds, he writes in his fashion. The Lighter Side of Orthography If youve grown weary of hearing that you need to improve your spelling skills, consider these options: Boost your self-esteem and baffle your acquaintances by insisting that youre a specialist in cacography. You dont need to tell them that cacography is nothing more than a fancy term for bad spelling.Blame the English language. Compared to German, for instance, English spelling is unquestionably haphazard, eccentric, and sometimes downright perverse. Need an example? In English, cough, plough, rough, and through dont rhyme. (Of course, despite all the vagaries of English spelling, millions of people have figured out the system.)Work on improving your spelling skills. Seriouslyspelling matters. According to a report from BBC News, three-quarters of employers say that they would be put off by a job candidate who had poor spelling or grammar.Remind your teachers and friends that not all great writers have been great spellers, and then as evidence point them to Shakespeares Sonnet 138 in its original form: When my love sweares that she is made of truth,I do beleeve her, though I know she lyes,That she might thinke me some untuterd youth,Unlearned in the worlds false subtilties. But be careful: some wiseacre might remind you that Shakespeare wrote in an era before English spelling had been standardized. In fact, Will died 40 years before the publication of the first comprehensive English dictionary.

PAPER ON WORLD WAR I Assignment Example | Topics and Well Written Essays - 750 words

PAPER ON WORLD WAR I - Assignment Example The second one is The Treaty of Versailles and the third one is The Balfour Declaration 1917. There is no other war that has brought about changes in the map of Europe in such a dramatic way like the First World War. The war caused the disappearance of four powerful empires. One is the German empire. The second is the Austro-Hungarian Empire. The third is the Ottoman Empire and fourthly, many nations did gain their independence from Russia. Four dynasties as well as their ancillary aristocracies all fell after the war. Serbia and Belgium were damaged and France was not left out either. The war continued for some seven more months until treaties were signed to end the war formally. Germany had agreed to sign the treaty of Versailles on June 28 1919 (Grayzel, 2013, p. 137). The United States failed to formally end its involvement in the war until the Knox-porter resolution that was signed in July 1921. The resolution was signed by President Warren G Harding representing the British Empire thus ceasing the state of war. After the treaty of Versailles, the treaties with Austria, Hungary and Bulgaria and the Ottoman Empire were signed. However, there was much strife following the negotiation of the latter treaty with the Ottoman Empire. The strife entailed the Turkish War of independence. The final peace treaty was between the allied powers and the republic of turkey. After the war, a series of treaties were imposed by the Paris Peace Conference on the central powers to end the war officially. The treaties brought the League of Nations to life in 1919. The treaty state d that the central powers were responsible for the loss and damage brought about to the allied forces. Austria Hungary was partitioned in to several states. The states included Austria, Hungary, Czechoslovakia and Yugoslavia. The Russian Empire had already withdrawn from the war in 1917 lost part of its western frontier since nations such as