Maryland sexual predators Essay Example | Topics and Well Written Essays - 750 words

Maryland sexual predators - Essay Example In terms of the overall law, Maryland requires that sexual offenders that are going to live and work in the state register with the state and local government. Every year then, Maryland classifies the sexual predators along four classification lines: sexually violent predators, sexually violent offenders, child sexual offenders; and offenders. The most serious offenders, which are the majority of offenders in the first three categories, must register for life, and the rest must do so for ten years. In considering these regulations on registry, I personally support the institution of these statutes as they provide significant warning to parents and children of the threats that might be surrounding them. While it does open the offenders to social ostracism, it’s clear that these regulations are necessary to reduce and prevent these sexual offenses from occurring again. While the Maryland laws require adult sexual offenders to face these registry issues, the penalties for juvenile sexual offenders alters these laws. Kahn & Lafond (2006) detail Maryland’s complex punitive and treatment mechanisms for the adolescent sexual offenders. In these regards, the state indicates that generally juvenile sexual offenders are given more leniency than adult offenders in terms of punishment. In addition, juvenile offenders are required to undergo stringent rehabilitation mechanisms that target the individual’s dysfunctions and work to prepare them for entrance back into society. Within Maryland there are a great degree of sexual laws that vary in stringency, as a direct relation to the extent of the crime. For instance, statute 464B an individual is convicted in the third degree if a number of elements are committed (Maryland 464b’). The most notable of these elements includes the occurrence of sexual contact within another person against the ir will. The offender implements a weapon in the

Sole Proprietorship Essay Example for Free

Sole Proprietorship Essay †¢Liability is unlimited. The owner or sole proprietor is legally responsible for all debts, law suit settlements and contract fulfillments. Though insurance policies can be purchased to protect against unforeseen events, a judgment decree or balance exceeding the purchased plan amount could come directly out of the personal assets of the owner including but not limited to personal home, bank accounts, college funds or other tangible assets. †¢Income Taxes for sole proprietorship act no differently than paying standard income tax. The IRS sees no distinction between the sole proprietor and the owner’s personal finances. A standard 1040 form will be prepared yearly including a schedule C or C-EZ form for profit disclosure. Tax rate will vary year to year depending on the net profits of the business. †¢Longevity is limited to the lifetime of the owner or the completed sale of the company’s tangible and intangible assets to an individual or outside entity †¢If the owner dies without selling, the business ceases to exist. †¢Control is the most appealing factor for Sole Proprietorships as the owner needs only answer to themselves. The owner makes all decisions for the day to day operations of the company including entering into contracts, handling finances, hiring employees and even at will dissolution of the company. †¢Profit retention is a key factor that distinguishes Sole Proprietorship over all other business forms. The owner retains all profits for their own. They have no legal obligation to share the profits with any one. Please note that this does not grant the owner clemency from paying their debts or obligations if profits are low for any given length of time. †¢Location can be anywhere but is registered on a state level and must abide by local state laws. If distributing goods to other states than the registered state of the business other tax implications come in to play such as whether sales tax must be applied.

Argument Against Universal Health Care in the Us Essay Example for Free

Argument Against Universal Health Care in the Us Essay Argument Against Universal Health Care in the Us BY shaker71493 Jacob Nieuwenhuis Contemporary Issues MSR 10 March 2010 Universal Health Care in the United States Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber barons cruelty may sometimes sleep. His cupidity may at some time point be satisfied; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. -C. S. Lewis (1898 1963) The issue of universal health care taking over the present health care system has become a heated topic all over America. With President Obamas promise to pass a bill that will give government coverage to all Americans, most people were happy that health care would become more affordable for them. But is this the case? There has been a stiff opposition to the passing of any bill of this kind throughout the entire process, but the longer a bill stays in circulation the more time people have to form an opinion on the issue. With the law in effect now the issue now turns to if this will e better off for America in the long run, and if there is any good to such a system. History has a lot to say about socialized medicine. There have been many countries, not only socialistic countries which have used a public method of offering medicine. A few of these countries are Great Britain, Canada, France, Australia, and also the European system. These systems will be analyzed from their roots up i n order to see whether they were successes or failures. The National Health Service (NHS) of Great Britain, which was created on July 5, 1948, is the worlds largest publicly funded health service ever. As can be seen on the diagram, the NHS is divided into two sections: primary and secondary care. Primary care is the first point of contact for most people and is delivered by a wide range of independent service providers, including general practitioners, dentists, pharmacists and optometrists. Secondary care is known as acute healthcare and can be either elective care or emergency care. Elective care means planned specialist medical care or surgery, usually following referral from a primary or community health professional such as a general practitioner. In this system there are a lot of different trusts (refer to iagram). These trusts are where the money is sent for certain types of care. The main trusts are the Primary care trusts. Primary care trusts (PCTs) are in charge of primary care and have a major role around commissioning secondary care, providing community care services. They are the main core to the NHS and control 80% of the NHS budget. Green, did a report on the effects of preventive care in Great Britain for diseases such as circulatory disease and cancer. His main focus was on the circulatory system and the conclusion of his reports states that: The main findings can be summarized as follows. The I-JK has a poor record of preventing death from diseases of the circulatory system. After allowing for the different age structure of each country in the European Union, the I-JK death rate from circulatory diseases for persons aged less than 65 was ranked thirteenth out of the 15 countries studied. There are many negative aspects of the NHS. There are stunning reports of people who didnt get care, or who waited for months in order to get prevented care. One example of a terrible thing that happened recently in Great Britain was a cancer patient who had to wait for 62 weeks before starting treatment. Patients were outraged by this. They said that for some cancer patients with slow growing tumors could wait that long but that it is atrocious that someone would have to wait that long to receive any type of care at all. It was compared side by side with a case from 20 years earlier, when Heather Goodare was diagnosed with the same problem and eceived treatment within two weeks after first being diagnosed. The European system has run into a lot of obstacles over the years, mostly financial. There is currently a 5 percent to 8 percent increase in expenses per year in real terms, resulting in enormous deficits and even greater problems when the rate of unemployment rises. When employment rates improve, the deficits are eased be cause more taxes come in to pay for care. But as soon as employment falls again (which is common everywhere right about now), deficits come back. A common method used for getting over this deficit is rationing care and restricting use of high ost preventive cares such as CAT scans. Sometimes this is only towards people who meet a certain criteria, e. g. the elderly. This can only be bad for the consumer. Michael Tanner sums this up nicely in his article condemning socialized medicine in the U. S. : The Europeans have run into a very simple economic rule. If something is for it. Think of it this way: if food were free, would you eat hamburger or steak? At the same time, health care is a finite good. There are only so many doctors, so many hospital beds and so much technology. If people over consume those resources, it drives up the cost of health care. All the countries in Europe have this health care system. There are, however, three countries in Europe that allow their citizens to opt out of the official system and to take with a tax credit for the money they paid to the official system, to purchase private insurance in the health market. These countries are Germany, the Netherlands, and Switzerland. In those countries, citizens do not have to pay twice in order to acquire private health insurance. The systems of these three countries are important in that they may point the way to a solution for the current financial problems Western health care systems are experiencing. This private plan is more expensive but reachable for at least a third of the population. For the most part, people in Europe are happy with the health care they receive. In the Netherlands there is a basic plan that everyone can buy (it is not a government mandate). This covers things such as broken limbs, emergency room visits Oust the visit), and seeing general practitioners. On top of this, a person may buy whatever premium add-ons they want. An example of an add-on is dental and orthodontic care. With this add-on all the people in the household of the insurance buyer receive ull dental care as well as braces for all the children of the family. Trudy Rubin, who is a Philadelphia Inquirer opinion columnist, says that the United States is not learning valuable lessons from the European system of healthcare. She addresses the three myths that she thinks are thought to be believed as fact. She takes these myths from an excerpt from T. R. Reid. The three myths are as follows: Myth No. 1, he says, is that foreign systems with universal coverage are all socialized medicine. In countries such as France, Germany, Switzerland, and Japan, the coverage is universal while doctors and insurers are private. Individuals get their insurance through their workplace, sharing the premium with their employer as we do and the government picks up the premium if they lose their Job. Myth No. 2, which is long waits and rationed care is another whopper. In many developed countries, Reid writes, people have quicker access to care and more choice than Americans do. In France, Germany, and Japan, you can pick any provider or hospital in the country. Care is speedy and high quality, and no one is turned down. Myth No. 3 really grabs my attention: the delusion that countries with universal care are wasteful systems run y bloated bureaucracies. In fact, the opposite is true. Americas for-profit health insurance companies have the highest administrative costs of any developed country. Twenty percent or more of every premium dollar goes to nonmedical costs: paperwork, marketing, profits, etc. If a profit is to be made, you need an army of underwriters to deny claims and turn down sick people, says Rei d. Canada is another place where health care is run by the government. This came into effect when the parliament unanimously passed the Canadian Health Act in system. Under this law, provinces must ensure that their health care systems respect ive criteria: The first is public administration. This means that the health insurance plans must be administered by a public authority who is accountable to the government. The second is comprehensive benefit. The plan must cover all medically necessary services prescribed by physicians and provided by hospitals. The third is universality. This means all legal residents of the province must be covered. The fourth criterion is portability. Under this, residents continue to be covered if they move or travel from one province to another. And the final criterion is accessibility. This means that services must be made available to all residents on equal terms, regardless of income, age, or ability to pay. The process which a patient goes through to receive health care is very simple. When a person goes to a doctor for any kind of medical treatment they have to present what is called a provincial health card. This is a credit card-looking piece of plastic that lets your physician know you are a legal user of the system

Argument Against Universal Health Care in the Us Essay Example for Free

Argument Against Universal Health Care in the Us Essay Argument Against Universal Health Care in the Us BY shaker71493 Jacob Nieuwenhuis Contemporary Issues MSR 10 March 2010 Universal Health Care in the United States Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber barons cruelty may sometimes sleep. His cupidity may at some time point be satisfied; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. -C. S. Lewis (1898 1963) The issue of universal health care taking over the present health care system has become a heated topic all over America. With President Obamas promise to pass a bill that will give government coverage to all Americans, most people were happy that health care would become more affordable for them. But is this the case? There has been a stiff opposition to the passing of any bill of this kind throughout the entire process, but the longer a bill stays in circulation the more time people have to form an opinion on the issue. With the law in effect now the issue now turns to if this will e better off for America in the long run, and if there is any good to such a system. History has a lot to say about socialized medicine. There have been many countries, not only socialistic countries which have used a public method of offering medicine. A few of these countries are Great Britain, Canada, France, Australia, and also the European system. These systems will be analyzed from their roots up i n order to see whether they were successes or failures. The National Health Service (NHS) of Great Britain, which was created on July 5, 1948, is the worlds largest publicly funded health service ever. As can be seen on the diagram, the NHS is divided into two sections: primary and secondary care. Primary care is the first point of contact for most people and is delivered by a wide range of independent service providers, including general practitioners, dentists, pharmacists and optometrists. Secondary care is known as acute healthcare and can be either elective care or emergency care. Elective care means planned specialist medical care or surgery, usually following referral from a primary or community health professional such as a general practitioner. In this system there are a lot of different trusts (refer to iagram). These trusts are where the money is sent for certain types of care. The main trusts are the Primary care trusts. Primary care trusts (PCTs) are in charge of primary care and have a major role around commissioning secondary care, providing community care services. They are the main core to the NHS and control 80% of the NHS budget. Green, did a report on the effects of preventive care in Great Britain for diseases such as circulatory disease and cancer. His main focus was on the circulatory system and the conclusion of his reports states that: The main findings can be summarized as follows. The I-JK has a poor record of preventing death from diseases of the circulatory system. After allowing for the different age structure of each country in the European Union, the I-JK death rate from circulatory diseases for persons aged less than 65 was ranked thirteenth out of the 15 countries studied. There are many negative aspects of the NHS. There are stunning reports of people who didnt get care, or who waited for months in order to get prevented care. One example of a terrible thing that happened recently in Great Britain was a cancer patient who had to wait for 62 weeks before starting treatment. Patients were outraged by this. They said that for some cancer patients with slow growing tumors could wait that long but that it is atrocious that someone would have to wait that long to receive any type of care at all. It was compared side by side with a case from 20 years earlier, when Heather Goodare was diagnosed with the same problem and eceived treatment within two weeks after first being diagnosed. The European system has run into a lot of obstacles over the years, mostly financial. There is currently a 5 percent to 8 percent increase in expenses per year in real terms, resulting in enormous deficits and even greater problems when the rate of unemployment rises. When employment rates improve, the deficits are eased be cause more taxes come in to pay for care. But as soon as employment falls again (which is common everywhere right about now), deficits come back. A common method used for getting over this deficit is rationing care and restricting use of high ost preventive cares such as CAT scans. Sometimes this is only towards people who meet a certain criteria, e. g. the elderly. This can only be bad for the consumer. Michael Tanner sums this up nicely in his article condemning socialized medicine in the U. S. : The Europeans have run into a very simple economic rule. If something is for it. Think of it this way: if food were free, would you eat hamburger or steak? At the same time, health care is a finite good. There are only so many doctors, so many hospital beds and so much technology. If people over consume those resources, it drives up the cost of health care. All the countries in Europe have this health care system. There are, however, three countries in Europe that allow their citizens to opt out of the official system and to take with a tax credit for the money they paid to the official system, to purchase private insurance in the health market. These countries are Germany, the Netherlands, and Switzerland. In those countries, citizens do not have to pay twice in order to acquire private health insurance. The systems of these three countries are important in that they may point the way to a solution for the current financial problems Western health care systems are experiencing. This private plan is more expensive but reachable for at least a third of the population. For the most part, people in Europe are happy with the health care they receive. In the Netherlands there is a basic plan that everyone can buy (it is not a government mandate). This covers things such as broken limbs, emergency room visits Oust the visit), and seeing general practitioners. On top of this, a person may buy whatever premium add-ons they want. An example of an add-on is dental and orthodontic care. With this add-on all the people in the household of the insurance buyer receive ull dental care as well as braces for all the children of the family. Trudy Rubin, who is a Philadelphia Inquirer opinion columnist, says that the United States is not learning valuable lessons from the European system of healthcare. She addresses the three myths that she thinks are thought to be believed as fact. She takes these myths from an excerpt from T. R. Reid. The three myths are as follows: Myth No. 1, he says, is that foreign systems with universal coverage are all socialized medicine. In countries such as France, Germany, Switzerland, and Japan, the coverage is universal while doctors and insurers are private. Individuals get their insurance through their workplace, sharing the premium with their employer as we do and the government picks up the premium if they lose their Job. Myth No. 2, which is long waits and rationed care is another whopper. In many developed countries, Reid writes, people have quicker access to care and more choice than Americans do. In France, Germany, and Japan, you can pick any provider or hospital in the country. Care is speedy and high quality, and no one is turned down. Myth No. 3 really grabs my attention: the delusion that countries with universal care are wasteful systems run y bloated bureaucracies. In fact, the opposite is true. Americas for-profit health insurance companies have the highest administrative costs of any developed country. Twenty percent or more of every premium dollar goes to nonmedical costs: paperwork, marketing, profits, etc. If a profit is to be made, you need an army of underwriters to deny claims and turn down sick people, says Rei d. Canada is another place where health care is run by the government. This came into effect when the parliament unanimously passed the Canadian Health Act in system. Under this law, provinces must ensure that their health care systems respect ive criteria: The first is public administration. This means that the health insurance plans must be administered by a public authority who is accountable to the government. The second is comprehensive benefit. The plan must cover all medically necessary services prescribed by physicians and provided by hospitals. The third is universality. This means all legal residents of the province must be covered. The fourth criterion is portability. Under this, residents continue to be covered if they move or travel from one province to another. And the final criterion is accessibility. This means that services must be made available to all residents on equal terms, regardless of income, age, or ability to pay. The process which a patient goes through to receive health care is very simple. When a person goes to a doctor for any kind of medical treatment they have to present what is called a provincial health card. This is a credit card-looking piece of plastic that lets your physician know you are a legal user of the system

Shares and Business Law: Allotment and Registration

Shares and Business Law: Allotment and Registration Question 1 There are many things that Jim will have to consider but there are three main steps that he will have to follow. Most of the authority for issue of shares come from the articles of association (table A) with rest being contained in the Companies Act 1985. First he and the company would have to decide to issue the shares and set the terms of issue. Secondly, some person or persons must agree with the company to take the shares. Third, in implementation of that contract, those persons must take the shares and be made members of the company. Section 80A of the Companies Act 1985 provides that direction shall not exercise any power of the company to allot shares in the company or rights to subscribe for, or convert into, shares in the company unless they are authorised by the company in general meeting or by the company’s articles. Any authority, whether given in the articles or by resolution must state the maximum number of securities which can be issues under it and the date at which the authority will expire. Contravention of the section does not affect the validity of any allotment made[1] but any director, who â€Å"knowingly and wilfully† permits it, is liable to a fine[2]. Jim will have a choice of various methods whereby the companies securities can be offered to the public. Here we can see that he has engaged the services of an issuing house. The next thing Jim would have had to consider would have been whether or not there were any pre-emptive rights that is where there circumstances that existed that meant that existing shareholders rather than the general public should be offered the shares first[3]. This did obviously not arise here as Jim was a sole trader. Jim will then have to make a decision as to the price at which the securities should be issued. This is a difficult decision to arrive at as if the shares are set to low so that the issue is heavily over-subscribed, the company (and holding house) will be unhappy were as if they are set too high so that much of the issue is left with the underwriters it is they that will be uhappy Next Jim will have to deal with Allotment and Registration of the new share issue. The process of becoming a shares holder is a two-step one, involving fist a contract and then registration of the member. The processes of agreement and registration will be achieved with little formality and without the issue of allotment letters. If someone wants to become a shareholder and the company wants him to, he will be entered on the register and issued with a share certificate. Allotment does not make a person a member of the company. Entry in the register of members is also need to give the allotee legal title to the shares. Section 22(2) says explicitly that a person â€Å"who agrees to become a member of the company and whose name is entered on the register of members is a member of the company[4]† Question 2 In addition to compliance with the detailed provisions that are contained in the listing rules, s80 (1) of the Financial Services and Marketing Act 2000, implementing Article 21 (1) of the Listing Directive, adds an important â€Å"sweeping up†, requirement that the prospectus submitted to the FSA â€Å"shall contain all such information as investors and their professional advisors would reasonable require and reasonably expect to find† for the purpose of assessing the financial position of the issuer and the nature of the securities on offer: â€Å"Those who issue a prospectus, holding out to the public the great advantages which will accrue to persons who will take those shares†¦ and inviting them to take shares on the faith of the representations therein contained, are bound to state everything with strict and scrupulous accuracy and not only to abstain from stating as fact that which is not so, but to omit no one fact within their knowledge, the existence of which might in any degree affect the nature, or extent, or quality of the privileges and advantages which the prospectus holds out as inducements to take shares[5]† To determine whether or not the information that a rival cafà © chain had commenced legal proceedings against the company alleging that the design of its outlets and products infringed their intellectual property rights should have been disclosed in the prospectus to Zara s80(4)permits regard to be had not only to the nature of the issuer and of the securities but also to the nature of the persons likely to consider acquiring the securities, the knowledge which their professional advisers may be expected to have and to information already in the public domain by virtue of its publication under statutory or regulatory requirements. We are not made aware of any information about Zara’s advisers however the information is not information that is required to be in the public domain as a claim has been brought not actually heard. If the claim had been heard at court and been successful then it may fall in the public domain, therefore on this basis it is information that should hav e been disclosed in the prospectus. The next question that falls to be addressed as to whether Jim and JZ Horgan were persons who were responsible for the prospectus and this can be determined by reference to regulation 13 of the Public Offers of Securities Regulations.[6] The persons responsible are: The issuer (the company) The directors of the Issuer Each person who has authorised himself to be named, and is named, as having agreed to become a director, whether immediately or at a future time: Each person who accepts , and is stated as accepting, responsibility for, or for any part of, the prospectus Each other person who has authorised the contents o f the prospectus or any part of it: and The offeror of the securities and its directors where It is not the issuer It can therefore be seen that both Jim an JZ Horgan will be persons who are responsible to Zara and may therefore be required to indemnify her. JZ Horgan and Jim are responsible for the prospectus and are liable to pay compensation to any person who has acquired any of the securities to which it relates and suffered loss as a result of any untrue or misleading statement in it or of the omission of any matter required to be included under the Act or regulations[7]. The provisions do not require Zara to show that she relied on the misstatement in order to establish a cause of action, but she must be able to show at least a casual link between the misstatement or omission and the loss will have to be proven. Zara has said that she would not have bought the securities had she known about the action brought by the rival company. The loss is of course the one million pound that has been paid by the company and the resulting decrease in the value of the shares. As regards the bank, irrespective of their knowledge they will still be liable. This is because the statute does not require the maker of the statement to have â€Å"assume d responsibility† towards the claimant. Therefore Zara will be entitled to be compensated for the loss that she has suffered from. JZ Horgan and Jim could raise a defence. The defences that are available to them are contained in schedule 10 and regulation 15 and they provide persons responsible for the misstatement or omissions with â€Å"exemptions†. They will be able to escape liability if they can satisfy the court (a) that he reasonably believed that there were no misstatements or omissions and that he had done all that could reasonably be expected to ensure that there were not any and that, if any came to his knowledge, they were corrected in time or (b) that the plaintiff acquired the securities with knowledge of the falsity of the statement or of the matter omitted. Where the statement in question is made by an expert and is stated to be included with the experts consent, these rules are applied to the belief that the expert was competent and had consented to the inclusion of this statement. It is unlikely that JZ Horgan and Jim will be able to establish that either these exemptions apply and there fore will be considered to be liable to pay compensation to Zara. It should be noted that if for any reason this action to recover damages failed for any reason then Zara would be able to seek compensation against JZ Horgan and Jim in three other ways. The first would be damages at common law. The common law provides civil remedies for misrepresentations which have caused loss to those who have relied upon them[8]. Zara may well also have the common law option of her right to rescind the contract. The common law allows , in certain circumstances , claimants to rescind a contract entered into as a result of misrepresentation whether that misrepresentation is fraudulent , negligent or wholly innocent. Such a right would be actionable against the company only as the company is the person with whom Zara entered the contract with. The final alternative option would be to make a claim for breach of contract. The advantage of establishing this would be that the misrepresentee would have a claim in damages to be established to be assess on the contractual basis, rather than the tortious basis. Therefore Zara may be able to claim for heads of damages such as the loss of the expected profit on the shares. Question 3 Jim’s obligation under s80 (1) of the Financial Services and Marketing Act 2000, implementing Article 21 (1) of the Listing Directive, that the prospectus submitted to the FSA â€Å"shall contain all such information as investors and their professional advisors would reasonable require and reasonably expect to find† is a continuing obligation. Under s81, if after the preparation of a prospectus but before dealing in the securities begins there is any change significant for the purposes of making an informed assessment, the company must submit to the FSA a supplementary prospectus for approval. If the company is not aware of the change, it is not required to comply with the obligation, but any person responsible for the prospectus who does know of the change is under a duty to notify it to the company. To determine whether or not the information that the company has just settled an intellectual property claim for  £1million and that a profit warning is just about to be made should have been disclosed any purchasers of the securities s80(4)permits regard to be had not only to the nature of the issuer and of the securities but also to the nature of the persons likely to consider acquiring the securities, the knowledge which their professional advisers may be expected to have and to information already in the public domain by virtue of its publication under statutory or regulatory requirements. We are not made aware of any information about the purchasers advisers however the information is not information that is required to be in the public domain as a claim has been brought not actually heard. If the claim had been heard at court and been successful then it may fall in the public domain, therefore on this basis it is information that should have been disclosed in the prospectus. The next question that falls to be addressed as to whether Jim and JZ Horgan and now the company were persons who were responsible for the prospectus and this can be determined by reference to regulation 13 of the Public Offers of Securities Regulations.[9] The persons responsible are: The issuer (the company) The directors of the Issuer Each person who has authorised himself to be named, and is named, as having agreed to become a director, whether immediately or at a future time: Each person who accepts , and is stated as accepting, responsibility for, or for any part of, the prospectus Each other person who has authorised the contents o f the prospectus or any part of it: and The offeror of the securities and its directors where It is not the issuer It can therefore be seen that the company will be liable as the issuer of the securities. The company is liable for the misleading and or omission of information and are liable to pay compensation to any person who has acquired any of the securities to which it relates and suffered loss as a result of any untrue or misleading statement in it or of the omission of any matter required to be included under the Act or regulations[10]. The provisions do not require the purchasers to show that she relied on the misstatement in order to establish a cause of action, but she must be able to show at least a casual link between the misstatement or omission and the loss will have to be proven. The loss is of course the one million pound that has been paid by the company and the resulting decrease in the value of the shares. The Company could raise a defence. The defences that are available to them are contained in schedule 10 and regulation 15 and they provide persons responsible for the misstatement or omissions with â€Å"exemptions†. They will be able to escape liability if they can satisfy the court (a) that he reasonably believed that there were no misstatements or omissions and that he had done all that could reasonably be expected to ensure that there were not any and that, if any came to his knowledge, they were corrected in time or (b) that the plaintiff acquired the securities with knowledge of the falsity of the statement or of the matter omitted. Where the statement in question is made by an expert and is stated to be included with the experts consent, these rules are applied to the belief that the expert was competent and had consented to the inclusion of this statement. It is unlikely that the company will be able to establish that either these exemptions apply and therefore will be considered to be liable to pay compensation to the purchasers of the shares. It should be noted that if for any reason this action to recover damages failed for any reason then the purchasers would be able to seek compensation against the companyin three other ways. The first would be damages at common law. The common law provides civil remedies for misrepresentations which have caused loss to those who have relied upon them[11]. The company may well also have the common law option of her right to rescind the contract. The common law allows , in certain circumstances , claimants to rescind a contract entered into as a result of misrepresentation whether that misrepresentation is fraudulent , negligent or wholly innocent. Such a right would be actionable against the company only as the company is the person with whom the purchasers entered the contract with. The final alternative option would be to make a claim for breach of contract. The advantage of establishing this would be that the misrepresentee would have a claim in damages to be established to be asses s on the contractual basis, rather than the tortious basis. expected profit on the shares. In consideration of whether or not Jim will be liable to those purchasers himself the principle of limited liability should be considered. The principle of limited liability stipulates that a director/shareholder will be limited in personal liability to there shareholding, therefore on the face of it would seem that Jim is not personally liable. However, it should also be considered whether or not Jim had the actual authority to issue the shares. The reason that this question arises as when he originally issued the shares he was acting a sole trader, this is of course no longer the case and reference should therefore be made to the companies articles. If he was acting outside of his authority and not as an agent of the company it could be that he could be held personally liable for any loss which these shareholders have suffered from. Bibliography Legislation Companies Act 1985 Financial Services and Marketing Act 2000 Misrepresentation Act 1967 Public Offers of Securities Regulations Cases Derry v Peek (1889) 14 App Cass 337 Hedley Byrne Co Ltd v Heller Partners Ltd [1964] A C 465 New Brunswick and Canada Railway Co v Muggeridge (1860) 1 DR SM 363 Re Nuneaton Football Club [1989] BC L C 454 CA Books Bailey E, Groves H, Smith C , (2001) â€Å"Corporate Insolvency Law and Practice†, 2nd Edition, Butterworths Cheffins B, (1997) â€Å"Company Law: Theory Structure and Operation†, Clarendon Press Davies P, (2002) â€Å"An Introduction to Company Law†, Oxford University Press Davies P, (2002) â€Å"Gower and Davies Principles of Modern Company Law†, 7th Edition Sweet and Maxwell Griffin S , (2000) â€Å"Company Law: Fundamental Principles†, 3rd Edition, Harlow Press Hicks A Goo, (2001) â€Å"Cases and Materials in Company Law†, 4th Edition, Blackstone 1 Footnotes [1] S 80 (10) The Companies Act 1985 [2] S80 (9) The Companies Act 1985 [3] See Ss89 to 96 The Companies Act 1985 [4] See RE Nuneaton Football Club [1989] BC L C 454 CA [5] Per Kindersley V C in New Brunswick and Canada Railway Co v Muggeridge (1860) 1 DR SM 363 [6] SI 1995/1537 as amended [7] S90(1) and reg 14 (1) [8] See Derry v Peek (1889) 14 App Cass 337 ; The Misrepresentation Act 1967; Hedley Byrne Co Ltd v Heller Partners Ltd [1964] A C 465 [9] SI 1995/1537 as amended [10] S90(1) and reg 14 (1) [11] See Derry v Peek (1889) 14 App Cass 337 ; The Misrepresentation Act 1967; Hedley Byrne Co Ltd v Heller Partners Ltd [1964] A C 465 The Man Who Bombed Karachi: A Memoir by Admiral SM Nanda The Man Who Bombed Karachi: A Memoir by Admiral SM Nanda The book by Admiral SM Nanda, The Man Who Bombed Karachi: A Memoir, is an autobiography by an Indian Naval officer who retired as the Chief of Naval staff (CNS) and is often remembered for his most remarkable and vital role played during the planning and execution of maritime operations which led to the historical victory of India over Pakistan during the 1971 conflict. The author, who was the then CNS during the 1971 conflict with Pakistan, is the most qualified person to bring out the various aspects of the successful operations carried out by the Indian Navy on both the Western and Eastern theatres during the conflict. The book brings out a structured narration by the author of his childhood at Manora Island off Karachi where he was born. The initial chapters of the book, takes the reader from his childhood to the youth of the author at Minora, where he studied, and on completion of his high school, worked at the Port and Pilotage Department prior joining the Royal Indian Navy (RIN) and commissioned as an acting sub lieutenant in the Royal Indian Naval Volunteer Reserve (RINVR) on 11 Oct 1941. The author gives a detailed account of his experiences during his distinguished career in the Navy, which lasted 32 years and also about his subsequent tenure as the CMD of the Shipping Corporation of India (SCI). The reader gets firsthand information on the Royal Indian Navy Mutiny which is brought out in great detail in Chapter 3 of the book while narrating the authors tenure at the Signal School, HMIS Talwar, at Bombay. The book also provides brief account of the authors experiences with eminent personalities while he visited various countries during his tenures onboard various Naval ships. Chapter 9 of the book gives an insight on the evolvement of the nations capability in ship building, as the author narrates the numerous hurdles which he had to face as the Managing Director, Mazagon Docks, and how he successfully accomplished the assigned tasks. The book also provides numerous achievements of the author during his tenures as the Flag Officer Commanding Indian Fleet (FOCIF) and FOC-in-C West.   Transformation of a single day celebration of the Navy day to a weeklong Navy Week celebration consisting mega events including review of the Indian Fleet by the President of India in 1969 is one among them. On page 158, the author states that, 45 warships, Indias first submarine (the Khanderi), five Coast Guard ships and eight merchant ships were on parade during the fleet review on 28 Dec 1969. The reader could be confused after learning that the Indian Coast Guard was formally constituted only on 01 Feb 1977. The book narrates in detail, the evolvement of the 1971 conflict with Pakistan, the elaborate preparation planning and execution of the Naval power during the conflict and how effectively these culminated in the victory of the nation thereby rendering Navy a formidable force which was neglected till then. Chapters 12 to 15 of the book take the reader deeper into the conflict which offers interesting reading even to a layman with the help of simple, clear sketches and photographs. The sea battle which was fought in both Arabian sea and Bay of Bengal are discussed in detail with interesting narrations. In the section Way ahead, towards the later part of the book, the author also brings out suggestive measures for the future Indian Navy. It is felt that, the book has largely succeeded in providing a deep insight to the achievements of Admiral Sardarilal Mathradas Nanda(Retd.) PVSM, AVSM. The reader however may derive a feeling that, the author has also endeavored, to a certain extent; to clarify certain details pertaining to his reputation, especially his post retirement life.

The Navigation of Christopher Columbus and the Age of Discovery Essay

Before beginning the research for this work, I had planned on producing a paper and presentation which detailed the history of open sea navigation and the difficulties and dangers which would have faced sailors and seamen during the Age of Discovery. My premise was that we, living in the twentifirst century, had lost touch with the reality of just how hazardous a voyage such as that undertaken by Columbus was. I had hoped to be able to capture for the listener and reader a sense of wonder at the bold willingness to risk life and limb that was demonstrated by the explorers of this era as they left the safety of the waters and oceans that they knew, to challenge the unknown. I had wanted to capture that feeling of stomach-dropping fear that I believed these brave men must have experienced as the headlands they were leaving slipped out of sight below the horizon, possibly never to be seen again. Had I been successful in writing such a paper, I would have succeeded not in exploring history, but rather in producing fiction. Although Columbus certainly deserves recognition as being the one to truly open the way to the New World for Renaissance Europe, and all that was to follow, he was not the high-stakes risk taker that some historians would have us believe. However, neither was he the bumbling quixotic figure presented by those who, for their own reasons, attempt to present him as some sort of insane idiot, or, at best, an extremely lucky savant. What is true about Christopher Columbus is that, for the times in which he lived, he was a well read and learned geographer. Columbus was a student of navigation and sailing, and as such, his understanding of the world in which he lived was based on works previously com... ...tis: An Archaeological Odyssey (New York: Random House. 1991) Sale, Kirkpatrick. The Conquest of Paradise: Christopher Columbus and the Columbian Legacy (New York: Alfred A. Knopf, Inc. 1990) Seeds, Michael A. Horizons: Exploring the Universe (Belmont: Wadsworth Publishing Company. 1998) Tagliattini, Maurizio. (1991 & 1998) Chapter 10. "Christopher Pellegrino or Christopher Columbus: A Critical Study on the Origin of Christopher Columbus" The Discovery of North America: A Documented History [Online] Available: http://www.millersv.edu/~columbus/search/tagliattini.html Taylor, E. G. R. The Haven-Finding Art: A History of Navigation from Odysseus to Captain Cook (New York: American Elsevier Publishing Company, Inc. 1971) Williams, J. E. D. From Sails to Satellites: The Origin and Development of Navigational Science (Oxford: Oxford University Press. 1992) The Navigation of Christopher Columbus and the Age of Discovery Essay Before beginning the research for this work, I had planned on producing a paper and presentation which detailed the history of open sea navigation and the difficulties and dangers which would have faced sailors and seamen during the Age of Discovery. My premise was that we, living in the twentifirst century, had lost touch with the reality of just how hazardous a voyage such as that undertaken by Columbus was. I had hoped to be able to capture for the listener and reader a sense of wonder at the bold willingness to risk life and limb that was demonstrated by the explorers of this era as they left the safety of the waters and oceans that they knew, to challenge the unknown. I had wanted to capture that feeling of stomach-dropping fear that I believed these brave men must have experienced as the headlands they were leaving slipped out of sight below the horizon, possibly never to be seen again. Had I been successful in writing such a paper, I would have succeeded not in exploring history, but rather in producing fiction. Although Columbus certainly deserves recognition as being the one to truly open the way to the New World for Renaissance Europe, and all that was to follow, he was not the high-stakes risk taker that some historians would have us believe. However, neither was he the bumbling quixotic figure presented by those who, for their own reasons, attempt to present him as some sort of insane idiot, or, at best, an extremely lucky savant. What is true about Christopher Columbus is that, for the times in which he lived, he was a well read and learned geographer. Columbus was a student of navigation and sailing, and as such, his understanding of the world in which he lived was based on works previously com... ...tis: An Archaeological Odyssey (New York: Random House. 1991) Sale, Kirkpatrick. The Conquest of Paradise: Christopher Columbus and the Columbian Legacy (New York: Alfred A. Knopf, Inc. 1990) Seeds, Michael A. Horizons: Exploring the Universe (Belmont: Wadsworth Publishing Company. 1998) Tagliattini, Maurizio. (1991 & 1998) Chapter 10. "Christopher Pellegrino or Christopher Columbus: A Critical Study on the Origin of Christopher Columbus" The Discovery of North America: A Documented History [Online] Available: http://www.millersv.edu/~columbus/search/tagliattini.html Taylor, E. G. R. The Haven-Finding Art: A History of Navigation from Odysseus to Captain Cook (New York: American Elsevier Publishing Company, Inc. 1971) Williams, J. E. D. From Sails to Satellites: The Origin and Development of Navigational Science (Oxford: Oxford University Press. 1992)

The Last Hung: Joops Mid-life Crisis :: essays research papers

The Last Hung: Joop's Mid-Life Crisis In Horst Stern's The Last Hunt, a man named Joop is portrayed as a professional worker in a very well known bank. Outside of being a banker, Joop enjoys to hunt wild animals. This has been a hobby of his since he was a young boy. Throughout the story many questions are raised about Joop's true feelings about his job, hunting, and his life. In the beginning of the story, a women walks in on Joop while he is staring at a picture on a wall in his office. The women is very embarrassed because she believes he is staring at the nudity part of the picture. This indeed is not true as the reader further examines the reason behind the picture. By looking at the picture, Joop realizes that he is going through a mid-life crises, which can only be resolved by exorcising memories of his wife, the bear, and the goddess of hunting, Diana. The solution to the first part of his mid-life crisis is to get rid of the memories of Mari that still resided deep within his mind. He does this by visiting the house where the majority of these memories take place. While touring through the house he remembers all the ways that Mari resembled the goddess of Diana. During the period that Joop was married to Mari, she portrayed herself in a few ways as being Diana. She did this by giving the name of "Worshipping Diana to the act of Joop kissing her. Her skin was white except for one violet-colored bruise just under her right collarbone; it never disappeared entirely during the hunting season and came from the kick of her hefty weapons. It pleased her that he liked to kiss this particular spot. She called it "Worshipping Diana" (Stern 112). By doing this, Mari therefore implies that she believes she is the goddess of hunting. Not only does Mari imply that she is similar to the goddess Diana, but Joop also feels very upset about her believing that she is a goddess and he is just one of her pawns. " Her solemnity always frightened him, since it seemed to suggest that his main role in her eyes was as high priest of her own cult" (Stern 112). In this case the high priest would be the hunter Joop, and he would be serving Mari in her own fantasies. Joop's departure from the house was very swift because he wanted to get the memories of Mari behind him. Joop climbed wearily into the car and told his chauffeur to drive .