Critical Assessment Protections To Minority Shareholders And Their Effectiveness In Protecting The Smaller Shareholders - Free Essay Example

Sample details Pages: 9 Words: 2732 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Critical essay Level High school Did you like this example? Critically evaluate protections to minority shareholders and their effectiveness in protecting the smaller shareholders from the unfair dominance of the Majority. Date authored: 12 th July, 2014 Don’t waste time! Our writers will create an original "Critical Assessment Protections To Minority Shareholders And Their Effectiveness In Protecting The Smaller Shareholders" essay for you Create order Abstract In order to adequately protect holders of minority interests of a corporate entity against oppressive shareholders whose actions might be at variance with the Companys Articles, there are several remedies and protection available to minority shareholders as members of the company. Some of these remedies are inclusive of, but not exclusive to, petition on the ground of unfair prejudice, just and equitable winding up and the derivative claim principle. The majority of these remedies are firmly rooted in the common law but recently, these rules have been codified under the Companies Act 2006. For the purpose of this project, the protection afforded to minority shareholders will be critically evaluated and its effectiveness will be highlighted to portray the usefulness of the available remedies. One of the major factors indirectly responsible for the destruction of a business or corporate enterprise due to loss of management time or excessive cost of litigation is shareholder disputes.1 The earliest remedies being afforded to minority shareholders dates back to the Cohen Committee Report where corporate bodies gave the court a broad jurisdiction to ascertain what actions of the majority would amount to oppression, and what could be the preliminary hurdles to bring a valid claim against unfair prejudice. 2 The claims against majority shareholder oppression has been a long-serving legislative constant even before 1985 where the ability for a minority shareholder to bring an action against the majority was encapsulated in the Companies Act (CA). 3 Protecting the interest of the minority is mandated by law and it is part of the life of a corporate entity.4 This right however does not empower the minority to make decisions on the companys nor does it allow company policie s to be set up exclusively by the majority. 5 The vast majority of disputes involves shareholders who are in a minority capacity who wish to seek redress because it will be unreasonable for the majority shareholders to bring an action since they could exercise their voting power to seek redress without court interference. 6 Nevertheless, before an action could be brought against the majority, there must be elements of good faith on the part of the minorities because if the powers to bring a claim cannot be controlled, company stakeholders could face certain amount of oppression from frivolous law suits.7 In the case of Re a Company,8 Lord Hoffman stated that the provision of s 75 CA 9 must be carefully applied so that it doesnt become a â€Å"means of oppression†. Petition on the ground of Unfair Prejudice This is an important remedy which equips the minority shareholder to petition the Court for an order against the majority. This remedy is found in s 994 CA 2006 which was formally s 459 of the CA 1985. This action can furnish an allegation if it is found that the conduct of the majority are performed in an unfairly prejudicial manner against the interest of the stakeholders including the claimant, or that an act or proposed omission of the company is or would likely be prejudicial against the stakeholders by the company. 10 The action will be against those in authority to act on its behalf and not just the conduct of a member acting in a personal capacity of a shareholder.11 The acts complained of could be in relation to a breach of fiduciary duty between director and stakeholders, breach of legal bargain between shareholders as agreed in the Articles of Association, misappropriation of assets or breach of understanding. In Re Leeds United Holdings plc 12, the court rejected t he petition which was saddled on the assertion that the shareholders did not dispose of their shares as to the manner agreed. The petition was quashed on the ground that the disposal of shares did not relate to the conduct of affairs of the company. In most cases, this remedy having been upheld by the court after petitioning under s 994, the shares of the minority shareholder/petitioner will be purchased at a fair value.13 Since this remedy is relied on by the discretion of the Court, it could then be that the court could mandate the majority to remit their shares for a fair purchase by the minority depending on the seriousness of the breach. However, before resort to the courts, it is important that the petitioner is aware of the nature of fair offer made by respondents. If the respondents i.e. the majority shareholders have made a fair offer to the petitioner which entitles him to rights enjoyable under s 994 CA 2006 but he refuses to accept, the court could strike off h is petition.14 It is worth noting that only company members have a right to petition under this remedy. A case for petition could even be instituted by a nominee shareholder as seen in Atlasview Ltd v Brightview Ltd.15 The Derivative Claim Principle It is trite law that only the company excluding all stakeholders can bring an action suo moto.16 This common law principle is derived from the celebrated case of Foss v Harbottle.17 The two major principles enunciated in this case are any matter which negatively affects the company can only be commenced by the company,18 and only the simple majority of the members can bring a claim on behalf of the company.19 Part 11 CA 2006 governs the principles of derivative claims.20 A derivative action is normally for the benefit of the company which contrasts with s 994 unfair prejudice remedy. 21 If a shareholder brings a petition against the majority instead of a derivative action, the court will not set aside the claim per incuriam but will require the petitioner to bring a derivative action if the wrongdoing is against the company.22 To bring a claim on behalf of the minority shareholders of the company, the complainant must seek the leave of court before his claim can be entert ained in court.23 It then means that an action against the majority shareholders can only be instituted under the companys name. Lord Denning MR while echoing the immortal words of Professor Gower, 24 he states that where a derivative action is allowed, a minority shareholder is not suing in his own personal capacity as member of the company or on behalf of other members but solely on behalf of the company. 25 The company is bestowed with the responsibility and authority to bring an action against the wrongdoers in its own personal capacity except if shareholders have been duly delegated such a right to bring a claim. 26 To institute a derivative action is quite a complicated exercise because the court is saddled with the responsibility of screening frivolous cases against the company which may threaten its daily operations, avoidance of multiplicity of individual actions which could be better brought jointly in one suit, etc. In the famous case of Barrett v. Duckett27 the House of Lords held inter alia that there was a more favourable method of resolving shareholder disputes instead of a derivative action which could negatively affect the shareholders relationship as members of the company. The rule in Foss v Harbottle has gone a long way to ease the constraints the common law has over derivative claims. Some of the exceptions to the above common law rule are a shareholder is permitted to bring an action against the majority which is ultra vires the Articles of association of the company, a shareholder may sue if he is denied his bona fide membership rights, a shareholder may sue the majority if certain element of fraudulent activities are committed against the minority shareholders and where a corporate decision is decided by simple majority when more than a simple majority is required. The ‘fraud on the minority provision tends to be the most popular of the common law exception because it is for the benefit of the company in contrad istinction to the other three which seeks to ameliorate the personal rights of the minority shareholder. 28 To sum it up in regards to the provisions of Part 11 CA 2006, a derivative claim may be instituted in court against any member including ex-directors or shadow directors or any other person who is directly involved in the accused breach;29 it could be brought where there is negligence, default or breach of trust and duty by a director of the who failed to act in accordance with his duties. 30 It then means that any breach of duty done knowingly or unknowingly will be actionable in court against such director. A derivative claim could also be institute by any company member however few the share capital he holds in the company. 31 There is a feeling however that without any sort of restriction on the amount of shares held by a petitioner before he can bring an action in this capacity, the tendency for it to be abused is present. Nonetheless, it will be more theoretical than real for a petitioner who has a single share in a company to bring a derivative action against the majority knowing fully well that he will pay cost as penalty if the law suit is rendered frivolous. Just and Equitable Winding Up The Insolvency Act (IA) 1986 provides shareholders with a statutory remedy in the form of a winding-up order on a just and equitable ground pursuant to certain provisions and rights inherent in the CA 2006.32 The aim of a petition via this remedy in the IA 1986 is to oblige the company to seek a validation order thereby putting pressure on the company if a petition for unfair prejudice has also been brought in tandem.33 However, the court has a certain level of discretion under the IA 1986 as to whether to allow a winding-up petition to be entertained.34 If there is a better alternative remedy apart from the just and equitable winding up such as the unfair prejudice claim, the court will most likely dismiss the former. 35 It seems quite unlikely that a petitioner will be satisfied with winding up a company where he possesses certain amount of shares as shareholder. As earlier discussed, it will be prudent for the petitioner to seek a quote on the remuneration of his shares and exit the company without the burden of pursuing a winding up order. From this standpoint, it can therefore be asserted that the just and equitable winding up remedy will most likely be useful only if s 994 CA 2006 does not satisfactorily mend the wrongdoing complained of by the minority shareholders. Conclusion It has been recognised that certain discrepancies were inherent in the common law such as the fraud on the minority and majority rule which didnt suit the minority shareholders because of its uncertain nature as to whether they had the locus standi to sue and also the disadvantage of power concentration with the majority. Crucially, the advent of the 2006 CA has now filled the void which the common law failed to address adequately. The rigid exceptions in the common law have been relatively softened by the CA. If the courts decide to condone a liberal attitude, the company will be subjected to unnecessary and trivial claims while if it adopts a strict procedure, the minority will be parachuted to the pre-2006 CA situation where the rules where quite restrictive. Nevertheless, the most important objective is to protect the minority from majority shareholder abuse, at the same time, uphold the needs of the majority. Bibliography Primary sources (Cases) Arrow Nominees Inc. v Blackledge [2000] 2 BCLC 167. Arrow Trading Investment v Edwardian group Ltd [2005] 1 BCLC 696. Atlasview Ltd v Brightview Ltd [2004] BCLC 191. Barrett v. Duckett [1995] 1 BCLC 243. Burland v Earle [1902] AC 84. Carlen v Drury [1812] 1 V B 154. CAS (Nominees) Ltd v Nottingham Forest FC plc [2002] 1 BCLC 613. Cooke v Cooke [1997] 2 BCLC 28; [1997] BCC 17. Daniels v. Daniels [1978] 2 All ER 89. Estmanco (Kilner House) Ltd v. Greater London Council [1982] 1 W.L.R. 2 ; [1982] 1 All E.R. 437. Lowe v Fahey [1996] 1 BCLC 262. MacDougall v Gardiner [1875-76] L.R. 1 Menier v Hoopers Telegraph Works [1874] LR 9. ONeill v Phillips [1999] 2 BCLC 1. Portfolios of Distinction Ltd v Laird [2004] 2 BCLC 741. Prudential Assurance Co. Ltd v Newmans Industries Ltd [1982] Ch. 204. Re a Company (No 001363 of 1988) [1989] BCLC 579. Re a Company (No. 007623 of 1984) [1986] 2 BCLC 99191. Re Baltic Real Estates Ltd (No 2) [1993 ] BCLC 503. Re Bird Precision Bellows Ltd [1984] Ch. 419; [1984] 2 W.L.R. 869; [1984] 3 All E.R. 444. Re Leeds United Holdings plc[1996] 2 BCLC 545. Re Legal Costs Negotiators Ltd [1999] 2 BCLC 171. Re McCarthy Surfacing Ltd, Hecquet v McCarthy [2006] All ER (D) 193. Re Unisoft Group Ltd (No 3) [1994] 1 BCLC 609. Re Worldhams Park Golf Course Ltd, Whidbourne v Troth [1998] 1 BCLC 554. Salomon v Salomon [1897] AC 22 (HL). Shuttleworth v Cox [1927] 2 KB 9. Wallerstainer v Moir (No. 2) [1975] QB 373. Primary Sources (Legislations) Companies Act 1980 Companies Act 1985 Companies Act 2006 Insolvency Act 1986 Secondary Sources (Articles) Bahls, S. C. ‘Resolving Shareholder Dissension: Selection of the Appropriate Equitable Remedy [1990] 15 J. Corp. L. 285. Chander, A. ‘Minorities, Shareholder and Otherwise [2003] 113 Yale L. J. 119 Reisberg, A. ‘Judicial Control of Derivative Claim [2005] 8 ICCLR 335. Secondary Sources (Textbooks) Davis P, and Worthington S, (edn), Gower and Davis: Principles of Modern Company Law (9th edn Sweet Maxwell, 2012). Dignam A, and Lowry J, Company Law (5th edn OUP, Oxford 2008). French D, Mayson S, Company Law (27th edn OUP, 2011). Gower L.C.B, Principles of Modern Company Law (3rd edn Stevens Sons Ltd, London 1969). Joffe V, Others, Minority Shareholders (3rd edn OUP, USA 2008) Secondary Sources (Working Papers/Committee Reports) Committee Report on Company Law Amendment, 1945, Cmnd. 6659 1 Steven C. Bahls, ‘Resolving Shareholder Dissension: Selection of the Appropriate Equitable Remedy [1990] 15 J. Corp. L. 285, 287. 2 Committee Report on Company Law Amendment, 1945, Cmnd. 6659, para. 60, hereinafter â€Å"The Cohen Report†. 3 Companies Act 1985, s 459. The provisions of minority shareholder protection under the new Companies Act 2006 is contained under Part 30, hereinafter CA. 4 Anupam Chander, ‘Minorities, Shareholder and Otherwise [2003] 113 Yale L. J. 119, 127. 5 Ibid. 6 See Re Baltic Real Estates Ltd (No 2) [1993] BCLC 503. 7 See Re Bird Precision Bellows Ltd [1984] Ch. 419; [1984] 2 W.L.R. 869; [1984] 3 All E.R. 444. 8 See Re a Company (No. 007623 of 1984) [1986] 2 BCLC 99191, 99196. â€Å"But the very width of the jurisdiction means that unless carefully controlled it can become a means of oppression. The threat of such proceedings by a dissident and possibly legally-aided shareholder in a small company can be used to bring pressure upon a majority to accept the price he demands for his shares.† – Per Lord Hoffmann. 9 Companies Act 1980, then became s 459 – 461 Companies Act 1985, now repealed pursuant to the Companies Act 2006. 10 See s. 994 (1) CA 2006. Also, see generally Victor Joffe, David Drake Others, Minority Shareholders (3rd edn OUP, USA 2008), Chs 5, 6. 11 See Re Unisoft Group Ltd (No 3) [1994] 1 BCLC 609. 12 [1996] 2 BCLC 545. See also Arrow Nominees Inc. v Blackledge [2000] 2 BCLC 167. 13 S 996 (2) (e) CA 2006. 14 ONeill v Phillips [1999] 2 BCLC 1. In addition, the Courts decision to strike off a petitioners action for his refusal of a reasonable offer gives more credence to the claim that company shareholders should resolve their actions out of court. An al ternative dispute resolution may suffice for the purpose of severance compensation. 15 [2004] BCLC 191. 16 Salomon v Salomon [1897] AC 22 (HL). 17 [1843] 67 ER 189; 2 Hare 461 (Ch. D). 18 See Prudential Assurance Co. Ltd v Newmans Industries Ltd [1982] Ch. 204. 19 Carlen v Drury [1812] 1 V B 154; 158. This position was also affirmed in MacDougall v Gardiner [1875-76] L.R. 1; Ch. D 13 per Mellish LJ where he was posited that if the act complained of is the responsibility of the majority of the company to correct or if the act which is performed irregularly is being required to be rectified, or if an act is done illegally but could be done in a legally, then individual litigation is of no use. 20 A derivative claim is defined under CA 2006, sec 260 (1). 21 An example of an unfair prejudice against the minority is a breach of directors duty against the members and not the company. See Atlasview Ltd v Brightview Ltd [2004] 2 BCLC 191, 207. Derivative claims are mostly aligned with protecting the assets of a company companys and violation of majority shareholder rights. See Estmanco (Kilner House) Ltd v. Greater London Council [1982] 1 W.L.R. 2 ; [1982] 1 All E.R. 437. 22 See Lowe v Fahey [1996] 1 BCLC 262. 23 See Cooke v Cooke [1997] 2 BCLC 28; [1997] BCC 17. 24 Laurence C. B. Gower, Principles of Modern Company Law (3rd edn Stevens Sons Ltd, London 1969) p 587. 25 See Wallerstainer v Moir (No. 2) [1975] QB 373, 391. 26 Arad Reisberg, ‘Judicial Control of Derivative Claim [2005] 8 ICCLR 335. 27 [1995] 1 BCLC 243. 28 See Burland v Earle [1902] AC 84, 93. 29 CA 2006. s 260 (5) (a). 30 Ibid. 31 CA 2006. s 261 (1). See Portfolios of Distinction Ltd v Laird [2004] 2 BCLC 741. 32 The CA 2006 has no statutory power to make winding up orders bu t s 122 (1) (g) IA 1986 has provisions for a just and equitable winding up. 33 Brenda Hannigan, Company Law (2nd edn OUP, USA 2009) para. 17-103. 34 IA 1986, s 125 (2). 35 See Re a Company (No 001363 of 1988) [1989] BCLC 579.

Wal-Mart Operations Management Analysis - 1276 Words

INTRODUCTION Wal-Mart Stores, Inc., the largest company in the world, has achieved leadership in the retail industry as a result of its efficient supply chain management practices. Setting record sales and earnings for fiscal year 2008, Wal-Mart’s total net sales were $374.5 billion, an 8.6 percent increase over the previous fiscal year and a record for any retailer. Wal-Mart’s mission to ‘save people money so they can live better’ has impacted more than 176 million consumers in thirteen countries. A global company, Wal-Mart has positioned itself as the unbeatable price leader in offering a variety of affordable products that range from health and beauty, to apparel and jewelry to electronics and food items. While expansion,†¦show more content†¦Cross-docking refers to the packing of products on incoming shipments so that they can be easily sorted at intermediate warehouses for outgoing shipments based on their final destinations. 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Contract and Agreement Free-Sample for Students-Myassignmenthelp

Questions: 1.Paul has come to you for Advice on whether any action can be taken against Rajeev as he had signed the Registration transfer Papers. He wants to know whether he is Entitled to any Damages or Compensation Money. 2.Advise Bhanu whether Rescission Could be used as a Remedy in Resolving this Issue with Rajeev. What would you Advise Bhanu to do?3.Can Bhanu Enforce the Contract with Shane? Answers: 1.Issues Whether there is a valid contract between Rajeev and Paul? If yes, then are there any remedies that can be availed by Paul for breach of contract? Law A Contract is said to exist between parties, when the parties are in an agreement with each other and that agreement is enforceable as per law. In case the agreement cannot be enforced as per the law of land, then, the contract cannot said to be in existence between the parties. An agreement comes into existence when there is an offer made and the same is accepted. But for an agreement to be categorized as a contract there must also be intention of the parties to be in legal relation, consideration, parties must be capable of entering into contract with each other(Clark, 2010). Thus, the basic ingredients to form a contract are:(McKendrick, 2014) An offer is an intention of the person called offeror to the offeree to do some act/omission for the achievement of objective. A valid offer must be simple, clear and unambiguous and is only complete when communicated to an offeree. An offer is different from an invitation. In invitation, the offer is invited by a person and when offer is made to him, he can accept or reject them, for example, auctions, advertisements, etc (Pharmaceutical Society of Great Britain v Boots [1953]]. An acceptance is said to be complete when the offeree to whom an offer is made confirms the offer. An acceptance must be same as an offer and it must be made before withdrawal of an offer. An acceptance is complete when communicated to the offeror [Shogun Finance Ltd v Hudson[2003]. Consideration is the benefit which is given in exchange for the performance of the promise. It may be in cash or kind. The consideration can be future consideration or present but must not be past (Combe v Combe[1951]. The parties must be capable of contracting with each other i.e. they must be major and of sound mind. The intention to be in contract must be there between the parties, then only there can be a valid contract. In domestic and social relations this element is generally absent unless proved and in case of commercial transaction this element is presumed to be there unless disapproved (Shahid v Australasian College of Dermatologists[2008] FCAFC 72].(Gibson Fraser, 2013) Application of law Rajeev wanted a car. He saw an advertisement in paper. An advertisement is an invitation and thus an offer is made by Rajeev to Paul wherein he intends to buy the car and signed the registration papers and asked Paul that he will come back next day with money. This offer is accepted by Paul. But, Rajeev did not paid anything and on next day did not turned up. Thus, Paul was furious. Thus, Rajeev made an offer which is thus accepted by Paul. Both the parties have intention to bind by the terms of the offer and acceptance. Also, both are major (presumed) and are sound mind. Also, there is a valid consideration though not paid but was to be paid in future and decided at the time of execution of contract. So all the ingredients of contract are present hence there is a valid contract. Since, the contract is not comply with by Rajeev, thus, there is breach of contract. So, Paul can sue Rajeev for breach and claim damages. Conclusion Since all the ingredients of a valid contract are present hence there is a valid contract between the parties. Rajeev had breached his commitment in this case and thus he will have to pay damages and the contract can also be rescinded by Paul along with demanding damages from Rajeev and he can also sue Rajeev for specific performance of a contract. 2.Issues Whether a contract is made between Rajeev and Bhanu and if yes, the weather Rajeev has violated the contract by breaching the term? What remedies can be availed by Bhanu for breach of contract term? Law To make a contract, every offer made by the offeror must be supported by an acceptance which should be supported by consideration and the parties must have legal intention to support such contract(Latimer, 2012). When a contract is made then the parties who make the contract decide the terms of the contract. Some terms are very important and some are less important. Thus the terms are divided into two broad categories(Hodges, 2012). When the terms are the basis of any contract without which the contract cannot be performed, then, such terms are called conditions. These are soul of every contract and are the essence of the contract Poussard v Spiers(1876). If such terms are breached then the aggrieved party has the right to cancel the contract and ask the defaulting party to compensate the plaintiff for the damages sustained by him. When the terms are not the essence of the contract and which are not the heart and core of the contract, then, such terms are called warranties (Bettini v Gye(1876)). These are the supportive terms to the conditions and if these terms are not performed then the aggrieved party has the right to sue the defaulting party only for damages. The aggrieved party has no right to cancel the contract and the contract subsists. Application It is submitted that Rajeev and Bhanu entered into a contract wherein they both decided that Rajeev will take the painting of Bhanu on lease. Thus, there is an offer and acceptance that is exchanged amid the parties. Both the parties exchanged consideration and have legal intention to support the contract. Thus, there is a valid contract amid the parties. Now, one of the term upon which the painting was provided by Bhanu was that the painting must be insured. It is submitted that the paintings were rare and thus the insurance of the painting is very important and must be carried out by Rajeev. It is the core term upon which the painting was provided by Bhanu to Rajeev. Thus, it is a condition. But, this term is not performed by Rajeev. So, a condition is breached. Thus, there is a clear contract amid the parties and such contract is breached by Rajeev by non performance of an essential term. Issue 2 Since a condition is breached by Rajeev, thus, Bhanu has an option to treat the contract as rescinded and he can cancel the contract and sue Rajeev for the claim of damages and compensation for the rare paintings that are destroyed by Rajeev. Conclusion It is thus concluded that there is a contract amid Bhanu and Rajeev. Further, there is an essential term which is breached by Rajeev which has shattered the essence of the contract. so, Bhanu has every right to rescind the contract and sue Rajeev for damages. 3.Issues There are two main issues that are raised: Is there is any kind of contractual relationship that is established amid Bhanu and Shane? If yes, then whether there is contractual breach and what remedies can be availed by the aggrieved party? Law There are four main elements required to make a contract(Latimer, 2012): Offer is the first element and is initiated by an offeror. The desire to carry out any act/omission must be communicated by an offeror to an offeree, either orally, by conduct or in writing, and must receive the offeree. This communication is called offer and is normally made with the hope of approval. Acceptance is the confirmation given by an offeree to the offer that is made to him by an offeror. an acceptance should be the mirror image of the offer and must receive by an offeror in order to be complete and valid. The contract should be hold by some gain or benefit which is consideration and which makes any promises amid offeror and offeree enforceable(Clark, 2010). The parties should also hold legal intention, irrespective whether they are in domestic or commercial relationship. When all these elements are met, then a contract is made but when any one element is missing then there is breach of contract. Now, if there is breach then what are the remedies that are normally available? Some of the remedies are: Injunction In Jaggard v Sawyer(1995), it was held that when the defendant is under some act which the plaintiff wants him to stop, in such situation, he can seek the help of court for order of injunction(Andrews, 2016) Damages In State Transport Authority v Apex Quarries[1988] it was submitted that when the plaintiff wants to reinstate his position so that no loss ios caused to him then he can simply ask for damages(Kohl, 2000). Specific performance where in the plaintiff wants the defendant to do something which he is not willing to perform. This remedy is granted when providing damages is not an adequate remedy (Prince v Strange (1978).(Bryan Vann, 2012) Restitution In Bhanu Attorney General v Blake[2000] it was held that when the property of the plaintiff is wrongly held by the defendant then the remedy for restitution can be sought in order to recover property from the defendant.(Byrne, 1995) Application The law is now applied to the facts of the case. Communications took place between Bhanu and Shane wherein Bhanu decided to sell her house to Shane. Thus, there is mutual offer and acceptances of offer and acceptance. Now, these promises are supported by 10% deposit which is paid by Shane to Bhanu. So, there is consideration. both the party are ready to enter into the agreement with legal intention. Thus, all the contractual elements, that is, offer, acceptance, consideration and legal intention are present. Thus, there is contract amid the parties. Now, there is contract between Bhanu and Shane. Now, Shane has to pay the remainder 90% deposit to Bhanu in next six weeks time. But, he did not comply with his contract. Now, Shane was not complying with his contractual obligation so there is clear breach. In such situation, Bhanu can sue Shane for specific performance and damages. He can compel Shane to perform his part because if the contract is not comply with then Bhanu will face damages and thus he must also ask for damages in order to restore his position. Restitution cannot be asked for as there is no wrongful possession and injunction is not required because Bhanu wants Shane to perform something and not to restrict anything. Conclusion Since all the ingredients of a valid contract are present hence there is a valid contract between the parties. Rajeev had breached his commitment in this case and thus he will have to pay damages and the contract can also be rescinded by Paul along with demanding damages from Rajeev and he can also sue Rajeev for specific performance of a contract. It is thus concluded that there is a contract amid Bhanu and Rajeev. Further, there is an essential term which is breached by Rajeev which has shattered the essence of the contract. so, Bhanu has every right to rescind the contract and sue Rajeev for damages. Thus, there is a valid contract between Shane and Bhanu and Bhanu must ask specific performance from Shane so that he does not face any damages. Bibliography Andrews, N. (2016). Arbitration and Contract Law: Common Law Perspectives. Springer, (p. 304). Australia. Bryan, M., Vann, V. (2012). Equity and Trusts in Australia. (p. 33). Cambridge University Press. Byrne, M. (1995). Restitution and Equity. QUT Law JL. Clark, E. (2010). Cyber Law in Australia. Kluwer Law International, (pp. 432-434). Australia. Gibson, A., Fraser, D. (2013). Business Law 2014. Pearson Higher Education AU. Hodges, S. (2012). cases and Material on Marine Insurance Law. Routledge. Kohl, U. (2000). Injunctions v Damages (The Age of the Internet) old Battle of Remedies Revisited . J1LawInfoSci 12. Latimer, P. (2012). Australian Business Law. CCH Australia Limited, (p. 294). Australia. McKendrick, E. (2014). contract Law: Text, cases and Material. Oxford University Press. P, L. (2012). Australian Business Law. CCH Australia Limited. Australia. VAnn, B. . (2012). Equity and Trusts in Australia. (p. 33). Cambridge University Press. Cases Bettini v Gye(1876) QBD 183. Bhanu Attorney General v Blake[2000] UKHL 45. Combe v Combe[1951] 2 KB 215. Jaggard v Sawyer(1995). Prince v Strange (1978). Poussard v Spiers(1876) 1 QBD 410. Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401. Shahid v Australasian College of Dermatologists[2008] FCAFC 72]. State Transport Authority v Apex Quarries[1988] VicRp 26. Shogun Finance Ltd v Hudson[2003] UKHL 62

The Language of Jainism free essay sample

Attempts to answer the question of how a non-monotheistic religion, such as Jainism, offers a credible alternative to a monotheistic religion, such as Christianity. The author of this paper looks at the language of logical argumentation, and its need for proofs which he contends has a grounding in the cultural zeitgeist born of monotheistic Christianity. He further contends that the purpose of both is to somehow escape the historically and socially located perspectives from which we see or speak, seeking for incontrovertible, singular, and non-contradictory Truths. From the paper: Should we not, ethically speaking, imagine that Jainism is not in anyway dependent for its worth on the lens through which it is observed? Does it not, in a certain sense, already have an experience-independent existence, unless we assume phenomenology? But the problem is that the philosophical inquiry in Yandell begins with the assumption that religions need to somehow defend the truth value of their claims. We will write a custom essay sample on The Language of Jainism or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page While monotheistic Christianity dwells in the house of dependency and the subjugation to the prying eyes of a radical Other, like God; Jainism does not. Should we not, ethically speaking, imagine that Jainism is not in anyway dependent for its worth on the lens through which it is observed? Does it not, in a certain sense, already have an experience-independent existence, unless we assume phenomenology? But the problem is that the philosophical inquiry in Yandell begins with the assumption that religions need to somehow defend the truth value of their claims. While monotheistic Christianity dwells in the house of dependency and the subjugation to the prying eyes of a radical Other, like God; Jainism does not.

Womens Lib Essays - Lecturers, American Quakers,

Womens Lib Throughout the years, women have been seen as someone to have children, someone to cook, someone to clean, and someone who does not deserve rights. Because two women, Elizabeth Stanton and Susan B. Anthony, fought for equal rights, women today have an equality that was once thought impossible. They began by educating women on the rights they should have, then forming the National Woman's Suffrage Association, and finally, together, Elizabeth Cady Stanton, and Susan B. Anthony would change the way that the United States viewed women, they would give them the right to vote. Elizabeth Cady Stanton started the fight for women's rights at a convention in Seneca Falls, New York 1848. She spoke out on the so-called equal rights that women had, saying ?It is the duty of the women of this country to secure to themselves their sacred right to the elective franchise.? With that great statement Elizabeth Cady Stanton showed that women do have an opinion and they want to voice it. As her speech progressed she spoke about the ?inalienable rights? that the constitution granted to all Americans; and how these rights were not given equally to women. Her radical new ideas sparked a controversial battle that would last well into the next century. Elizabeth Cady Stanton was one of the first women to wear bloomers and not a dress around her town and home, causing her husband (a judge) much ridicule and embarrassment. In 1851 at another convention in Seneca Falls, she met Susan B. Anthony, a woman as passionate about the fight for women to vote as she was; oddly enough, they met while Stanton was wearing bloomers. The women immediately became friends, and started full force to gain equal rights for women. Elizabeth Cady Stanton wrote most of the speeches delivered by Susan B. Anthony. Elizabeth Cady Stanton became the woman behind the scenes, and as the years progressed so did their fight. Susan B. Anthony helped start the movement for women's rights in 1851 when she met Elizabeth Cady Stanton. Between the two of them, these women started in New York and slowly worked across the country educating women on what rights they should have and why they did not have them. The two were strongly fighting for a woman's right to vote. At the time the only people allowed to vote were white males over the age of 21, no slaves, no colored people, and no women. From 1854 to 1860 Susan B. Anthony and Elizabeth Cady Stanton worked in New York to change all laws discriminating against women. Anthony began organizing women all over the state to help with this fight. In 1869 Susan B. Anthony, Elizabeth Cady Stanton Lucy Stone and Henry Beecher joined forces to organize the National Woman Suffrage Association. This group would work to get a constitutional amendment that would grant women the right to vote (the idea was sparked by the 15th amendment which stated that the newly freed slaves had the right to vote). To make their statement more dramatic Susan B. Anthony and 12 other women cast their votes in the 1872 presidential election. These votes were one of many dramatic steps in gaining voting rights for women. Anthony was arrested, convicted, fined $100, and then set free for this, she soon became an icon in history. In 1920 the fight for a women's right to vote was soon over as the 19th amendment to the constitution was passed allowing this right. The fight that Elizabeth Cady Stanton, and Susan B. Anthony had so nobly battled ended in victory. This also allowed women to become more outgoing and true to their own beliefs. This was just the beginning in the battle for women to become men's equals. Not only did these two wonderful women help to gain other women the right to vote, it gave strength to the many other minorities to fight for equality. Social Issues Essays

The Middle Kingdom Period of Ancient Egypt

The Middle Kingdom Period of Ancient Egypt Running from the end of the first intermediate period to the start of the second, the Middle Kingdom lasted from about 2055-1650 B.C. It was composed of part of the 11th Dynasty, the 12th Dynasty, and current scholars add the first half of the 13th Dynasty. Predynastic EgyptPharaohs of the Predynastic Period, Old Kingdom and Middle Kingdom Middle Kingdom Capital When 1st Intermediate Period Theban king Nebhepetra Mentuhotep II (2055-2004) reunited Egypt, the capital was at Thebes. Twelfth Dynasty king Amenemhat moved the capital to a new town, Amenemhat-itj -tawy (Itjtawy), in the Faiyum region, possibly near the necropolis at Lisht. The capital remained at Itjtawy for the rest of the Middle Kingdom. Middle Kingdom Burials During the Middle Kingdom, there were three types of burials: surface graves, with or without coffinshaft graves, usually with coffintombs with coffin and sarcophagus. Mentuhotep IIs mortuary monument was at Deir-el-Bahri in western Thebes. It was not the saff-tomb type of previous Theban rulers nor the reversion to Old Kingdom types of 12th Dynasty rulers. It had terraces and verandahs with groves of trees. It may have had a square mastaba tomb. His wives tombs were in the complex. Amenemhat II built a pyramid on a platform the White Pyramid at Dahshur. Senusret IIIs was a 60-m high mud-brick pyramid at Dashur. Acts of the Middle Kingdom Pharaohs Mentuhotep II made military campaigns in Nubia, which Egypt had lost by the 1st Intermediate Period. So did Senusret I under whom Buhen became Egypts southern border. Mentuhotep III was the first Middle Kingdom ruler to send an expedition to Punt for incense. He also built fortifications at Egypts northeastern border. Senusret instituted the practice of building of monuments at every cult site and paid attention to the cult of Osiris. Khakheperra Senusret II (1877-1870) developed the Faiyum irrigation scheme with dykes and canals. Senusret III (c.1870-1831) campaigned in Nubia and built fortresses. He (and Mentuhotep II) campaigned in Palestine. He may have gotten rid of the nomarchs who had helped cause the breakdown leading to the 1st Intermediate Period. Amenemhat III (c.1831-1786) engaged in mining operations that made heavy use of Asiatics and may have led to the settling of Hyksos in the Nile Delta. At Fayum a dam was built to channel Nile overflow into a natural lake to be used as needed for irrigation. Feudal Hierarchy of the Middle Kingdom There were still nomarchs in the Middle Kingdom, but they were no longer independent and lost power over the period. Under the pharaoh was the vizier, his chief minister, although there may have been 2 at times. There were also chancellor, overseer, and governors of Upper Egypt and Lower Egypt. Towns had mayors. The bureaucracy was supported by taxes assessed in kind on yields (e.g., farm produce). Middle and lower class people were forced into labor which they could avoid only by paying someone else to do it. The pharaoh also gained wealth from mining and trade, which appears to have extended to the Aegean. Osiris, Death, and Religion In the Middle Kingdom, Osiris became the god of the necropolises. Pharaohs had participated in mystery rites for Osiris, but now [rivate individuals also took part in these rites. During this period, all people were thought to have the spiritual force or ba. Like the rites of Osiris, this had formerly been the province of kings. Shabtis were introduced. Mummies were given cartonnage masks. Coffin texts adorned the coffins of ordinary people. Female Pharaoh There was a female pharaoh in the 12th Dynasty, Sobekneferu/Neferusobek, daughter of Amenemhat III, and possibly half-sister of Amenemhet IV. Sobekneferu (or possibly Nitocris of the 6th Dynasty) was the first ruling queen of Egypt. Her rule of Upper and Lower Egypt, lasting 3 years, 10 months and 24 days, according to the Turin Canon, was the last one in the 12th Dynasty. Sources The Oxford History of Ancient Egypt. by Ian Shaw. OUP 2000.Detlef Franke Middle Kingdom The Oxford Encyclopedia of Ancient Egypt. Ed. Donald B. Redford, OUP 2001

Paula Rego Essay Example | Topics and Well Written Essays - 1000 words

Paula Rego - Essay Example At this stage, the drawing is linear and stark. The quality of the line is determined by the length of time it stays in the acid, the longer in the acid, the darker the line becomes. This whole process is described by professor Paul Coldwell. Drawing is central to the painter's work, being the way in which her works are born. The Portuguese painter found her source of inspiration in fairy tales like Fantasia, Snow White and Pinocchio. And she made her pictures resemble the children's drawings. But as compared to the representation of beautiful figures, illustrating the good characters of the fairy tale, Paula Rego's characters are far from being described by the adjective "beautiful" in the sense we understand the meaning of the word "beauty". Taking as example the painting entitled "Swallows the poisoned apple" we notice how different the Snow White we are shown here is from the image of the young and delicate charater of Grimm's fairy tale. It's definitely not a beautiful young girl what we see. On the contrary, the female character in the painting looks old and ugly. She doesn't appear as it would in a common drawing, lying artistically on the floor, but she is half on the floor, half on the sofa, in a position that conveys pain realistically. Although dressed like a princess, the background against which she is painted is a modern decorated room and not the fairy tale dwarves' house. There is a combination of myth and reality in this painting that makes us think of the combination myth-reality we find in our own lives. We thus, could see these paintings as symbolical representation of our own lives.Represented in another painting, with a stag's head on her lap, Snow White doesn't look more beautiful than in the other painting described. The painting is called suggestively "Snow white playing with her father's trophies." Seated in an armchair, she has an indelicate and unaesthetic position, with her legs spread. Just like in the previously analyzed painting, Snow White looks older than she is supposed to be and her appearance is not as delicate as we are used to imagine it. There is no trace of happiness or at least serenity to be noticed on the face of the two Snow White figures. If in the previous painting, pain would appear as understandable, the character being shown in a critical situation, in the second the grief is not so explicable. Although traditional by subject, the fairy tales inspired drawings cannot be considered traditional. The way of treating them is startling and this makes their contemplation the source of mixed and confusing feelings. This kind of illustrating fairy tale images can be viewed as a sort of debunk. Myth is given certain realistic features and at the same time, re ality is transformed. Nursery Rhymes (from 1989) show a girl - although we could not really use the word girl for her as she looks aged and three strangely big and frightening mice. The painting looks at the same time funny and horrible. The exaggerated size of the mice as well as the way they look is scaring. Yet, there is something amusing in their behaviour, as they look like whimsical children. We notice a synthesis of opposites that the painter achieves in her paintings, be that a synthesis between comic and scaring, young and old, myth-reality or beautiful and ugly. As frightening or at least confusing

Strategy and Position Paper Essay Example | Topics and Well Written Essays - 1250 words

Strategy and Position Paper - Essay Example Lagree fitness plan is an innovation that focuses on attaining optimum physical fitness through the use of technological inventions. Participants of the physical fitness plan are taken through a series of work out practices that enhance five major functionalities of their body. After going through the fitness plan, participants are guaranteed of efficient and highly functional respiratory system of their body as well as proper blood circulation all over the body. Participants are also able to acquire strength of their muscles and endurance. These exercises also shape the body and give it proper tone through loss of fat and growth of muscles. The technology used while exercising on the other hand ensures that the muscles are well stimulated by the exercises to attain maximum flexibility (Lagreefitness.com, 2015). Lagree fitness uses innovative and new technology that sets it apart from other fitness plans. The training is conducted by young motivated instructors like the staff of Brooklyn Bodyburn and has various packages like group plans which make it interactive (Brooklyn Bodyburn, 2015). The use of new patented technology in Lagree fitness plan makes it inaccessible to the general population, thus limiting the growth potential of the new innovation. All new companies that want to employ Lagree fitness plan must be trained and satisfied by Lagree, limiting its coverage. The existing opportunity for Lagree is the many gaps in the innovation of new technology supporting body fitness. If well advertised and marketed, there is sufficient potential for growth of the company and its products. The release of the documentary dubbed future of fitness by Lagree will showcase the new innovations to a wider range of clients. With frequent improvements and innovations, Lagree faces the most threat from new entrants in the body fitness industry. These new entrants may come up with more improved

My Attitude to the God is Dead Phrase of Friedrich Nietzsche Essay - 8

My Attitude to the God is Dead Phrase of Friedrich Nietzsche - Essay Example As a result, he argues that God can only do things that other humans can do. He also argues that God can die. He specifically argues that ‘there was only one Christian, and he died on the cross’ (p. 109). This further shows Nietzsche’s opinion that the founder of Christianity, who was crucified, never resurrected. According to Nietzsche’s history, he was a learned person, a professor, and the people whom he associated with were also respected. Wagner, whom he saw as a father, for example, influenced him. Their relationship however ended because he revolted against him. Nietzsche then tried to establish a love relationship with Lou Salome but the relationship did not succeed. This negatively affected him and he resigned from his work at a university. He then wrote a number of books before suffering from mental illness in the year 1889 and meeting his death in the year 1900. A majority of his writings discredited Christian religious beliefs. I do not agree with Nietzsche’s opinion because of many reasons. While Nietzsche argues that all humans, including God, should be treated equally, he does not appreciate the possibility that God may be the creator of the universe. He also does not explain an alternative origin of nature to oppose the possibility that God created the universe. This, therefore, means that he believes that God has supernatural powers that created the universe. If God created the universe then he has higher powers than any other creature. Therefore, Nietzsche’s opinion that God and other beings are equal is not true. Similarly, his opinion that there existed only one Christian is not true. This is because a Christian is a person who follows the doctrines that Jesus Christ taught. History identifies a number of people who devoted their lives to following the doctrines. Many people also follow the doctrines of this generation.

The Pioneers In Animation Animation Essay

The Pioneers In Animation Animation Essay Animation has its roots in traditional art. Its evolution over the years has been facilitated by not only artists but also visionaries and technically skilled experts. Presented below are the noteworthy pioneers and their creations that helped animation reach unprecedented heights as we see today. It was in 1895, three years after Emile Reynaud, inventor of the praxinoscope, an animation system using loops of 12 pictures, showed the first animated film in Theatre Optique system, devised by him, that two French brothers, Auguste and Louis Lumiere, presented the first authentic demonstration of what we now think of as cinema. Lumiere Brothers characters which were images of real people became a better alternative to the Emile Reynauds presentations of moving drawings. Georges Melies, a fantasy filmmaker- the maker of Voyage to the Moon (1902), was prided himself as stage-illusionist and used the medium of cinema as a natural extension of his magical arts with their transformations, and mysterious disappearances. Many of the visual tricks employed in his fantasy film Voyage to Moon were achieved by stopping the film, altering the image and photographing the new scene. This later became one of the basic techniques of 3-D animation films. Hence, arguably, George could be termed as the first filmmaker to use Stop Action {or Stop Motion}. Stuart Blackton, a Briton, is the pioneer in Chalk Animation. His work in Humorous Phases of Funny Faces, made in 1906, is based essentially on line animation. It is commonly known that the first animated work on standard picture film was Humorous Phases of Funny Faces (1906) by Blackton. It features a cartoonist drawing faces on a chalkboard, with the faces apparently coming to life. Blacktons process of drawing a picture, photographing it, rubbing a part of it out and then redrawing it was the most basic use of the stop-motion technique. Blackton, along with Albert E Smith, had employed stop motion photography to create wonderful effects in his 1907 live -action film The Haunted Hotel. He is credited with the making of the first stop motion puppet film The Humpty Dumpty. British film maker Arthur Melbourne Cooper also claimed having made the first ever puppet animated film. Cooper is also perhaps the maker of the worlds first animated commercial film using stop -motion photography in his film The Matches: An Appeal, a film of moving matchsticks produced way back in 1899. Coppers other notable creations were Cindrella (1912), Wooden Athletes (1912) and The Toymakers Dream (1913). Another pioneering effort in stop-motion techniques was that of Parisian caricaturist and film maker Emile Cohl who in his film Fantasmagorie, depicting the adventures of a little clown, drawn as a rudimentary stick figure, used some two thousand drawings which ran for under two minutes. Those animators who used the puppet model (the other method being clay model) as the basis of their 3D Animation were Giovanni Pastrone {The war and the Dream of Momi} and Wladyslaw Starewicz { The Magic Clock, Love in Black and White}. Starewicz had enormous passion for drawings and sculpture and was influenced by Emile Cohls 1908 film The Animated Matches. He later became known as Ladislas Starevich (after he moved over to Paris) and is till date acclaimed as the pioneering puppet animator because he created the first puppet-animated film -The Beautiful Lukanida (1912). His cast of insect characters appeared in a series of modern fables viz. The Cameramans Revenge, featuring tiny miracles as a grasshopper on a bicycle and a dragonfly ballet dancer. Other well known puppet films of Starevich were Town Rat, Country Rat and the Tale of Fox. Charlie Chaplin is one of the several Hollywood -inspired performers in Love in Black and White (1927) by Ladislas Starevich. The Mascot'(1934) sh owcased Starevichs live action story with toys. Quirino Cristiani from Argentina is the maker of possibly the first animated feature film -El Apà ³stol, in 1917. He also directed two other animated feature films, including 1931s Padeopilis the first to use synchronized sound. None of these, however, survive to the present day. German Lotte Reiniger and French/Hungarian Berthold Bartosch were the directors of the earliest-surviving animated feature, which used colour-tinted scenes, in their silhouette-animated Adventures of Prince Achmed (1926). Jan Svankmejer brought to the cinema the theatrical skills of masks and puppets through his first film The Last Trick (1964) -he was clearly inspired by Ladislas Starevichs The Mascot, made nearly three decades earlier. Svankmejers films often combined animation with live action, as in Alice and his other feature film Faust (1994). Svankmejer is regarded as an undisputed renegade of animation art because he had a penchant for pixillating live actors or manipulating china dolls. Some of his macabre creations were joints of uncooked meat or as in Dimensions of Dialogue (1982) in which he formed two lumps of deathly-grey clay which form themselves into heads and then eat and regurgitate another! The heritage of Svankmajers animation films was the motivating factor behind many of the earliest puppet movies. The Russian animator Alexander Ptushko was yet another trend setter in 1930s. The New Gulliver made by him in 1935 includes scenes filmed in camera (unlike the usual method of creating through optical techniques in processing,) incorporating a live actor and some 3000 puppets. The other feature films made by Ptushko combining animation and live action were The Fisherman and the Little Fan (1937) and The Little Golden Key (1939). Yet another well known name in stop -motion animation was Hungarian born animator George Pal, maker of a classy film, The Ship of the Ether featuring the voyage of a ship made from blown glass. Pal worked in the biggest puppet -animation studio in Europe and created a series on fairy tale subjects and also produced short entertainment films for commercial sponsors such as Philips Radio, Unilever, and Horlicks. He is the creator of the theatrical shorts called Puppetoons from his studio in America. One of the most popular characters of Pal was a little black boy named Jasper who appeared in nearly twenty films such as Jasper Goes Fishing'(1943), Jasper and Beanstalk'(1945) and Jasper in a Jam'(1946).Those who followed Pal and made successful careers in puppet films were Joop Geesink and Ray Harryhausen. Some of the notable films made by them were Little Red Riding Hood, Hansel and Gretel, The Story of Rapunzel, and The Story of King Midas. Jiri Trnka, the Czech animator, was an illustrator beyond comparison who created what is known as Disneyfied characters in such folk tale films as Grandpa Planted a Beet'(1945) and The Animals and the Brigands'(1946). He later became the maker and operator of marionettes- animating the puppets. Arguably, The Emperors Nightingale was a masterpiece film made by Trnka based on Hans Anderson fairy tale. Trnks last film The Hand (1965) featured the central character with a typical impassive face and dressed to look like a pierrot. With an outsized head, a beaky nose and two large soulful eyes, he is clearly the comic tragedian. Trnkas creative heirs were Brestilav Pojar (Lion and Song) and the Japanese animator Kihachiro Kawamoto (Demon, A Poets Life, House of Flame). In recent times, the puppet animation scaled greater heights through the films made by BBC and the British and American television companies with makers like Jim Henson {Seasame Street and The Muppet Show}. Garry Anderson who made The Adventures of Twizzle and Torchy the Battery Boy is rated as a pioneer in puppet films on the television. Other successful puppet films of Anderson were Supercat (1961), Stingray (1964) and Thunderbirds (1965). There were many artists who advanced animation such as the brilliant American cartoonist Winsor McCay whose comic newspaper strip Little Nemo in Slumberland became an animated picture in 1911. Winsor was the man behind the creation of the interactive GERTIE, The Trained Dinosaur. Raoul Barre, whose film series The Animated Grouch Chasers featured a caricature album that came to life, was credited with several significant developments such as registration holes in animation paper, to stop the drawings from wobbling when filmed etc. J R Bray (creator of the comic character Colonel Heeza Liar) pioneered the technique of drawing the backgrounds on sheets of celluloid and placing them on top pf the animation drawings. This process was later refined by Earl Hurd (maker of Bobby Bump) by animating characters on celluloid sheets that were positioned over painted backgrounds. Some of the talents/ artists who dominated the early years of animation were as follows: Pat Sullivan (creator of Felix the Cat), his collaborator Otto Mesmer; Dave Fleischer (who made the series Out of the Inkwell) Paul Terry, the creator of Aesops Fables Walter Lantz- who made first Dinky Doodle and later Woody Woodpecker It is widely believed that Walt Disney, the genius who created Mickey Mouse, took animation to an entirely new level altogether. In 1928, with the premiere of Steamboat Willie, he became the first animator to add sound to his movie cartoons. Another milestone in Walt Disneys life was the first full length animated feature film, named Snow White and the Seven Dwarfs produced in 1937. Walt Disney, till date, is the synonym for the cartoon film. Flowers and Trees (1932) made by Disney Studios which won an academy award for this work was the first animation to use the full, three-color Technicolor method. Lou Benin made a version of Alice in Wonderland in 1948 using live and puppet players. Tim Burton is another pioneer in a negative sense, because he made the first ever horror animation film for children- Vincent. He also made the macabre film Frankenweenie in 1984 and became a Hollywood legend creating the new dark breed of Batman movies. Burtons A Nightmare Before Christmas (1993) was the first stop motion feature film to receive worldwide distribution. BBC and the Moscow based group of animators, Christmas Films have been known, in recent times, for producing finest puppet animation series. Jim Hensons glove-puppets achieved international fame with Sesame Street and The Muppet Show. Garry Anderson is considered yet another pioneer with his fantastic puppet animation shows on the television such as The Adventures of Twizzle, Torchy the Battery Boy, Super Cat Fireball XL5, Stingray and last but not the least Thunderbirds. Cosgrove Hall has the distinction of having achieved live movements animating his rubber moulded heads. His 3-D recreation of Toyland home of Enid Blytons Noddy and Okie Dokie is well known. American Willis O Brien is credited with pioneering work in clay animation. He made pre historic comedies through claymation such as Curious Pets of our Ancestors The Birth of Flivver'( both 1917) which featured dinosaur characters. He also created the special effects for Merian C Coopers classic fantasy King Kong-till date a powerful film for stunning animation sequences. OBriens work has been the inspiration for many, notably his protà ©gà © Ray Harryhousen who even surpassed his master in animation techniques. Might Joe Young (1949), The Animal World'(1956), The Beast 20,000 Fathoms'(1953), It Came from Beneath the Sea (1955) boast of RayS memorable characters. Max Fleischer and his collaborator Roland Crandall are known for moving away from claymation and using cel-animation. Perhaps, it was Art Clokey who revived claymation with an innovative film based on stop-motion clay animation through his film Gumby (1955). The term Claymation was coined by Will Vinton who made Academy Award winning movies like Closed Mondays followed by Leo Tolstoys Martin the Cobbler, Washington Irwings Rip Van Winkle and Little Prince . Joan Gatz, who worked with Vinton and made claymation films A Claymation Christmas Celebration and the Academy Award winning film Mona Lisa Descending a Staircase'( 1992). Will Vintons classic creations included The Adventures of Mark Twain and Return of Oz. Vinton excelled himself through his advertising films in America which helped claymation to reach new heights of invention and sophistication. The renaissance in clay animation is due to the works of an animator from the age of 13, Peter Lord who has the reputation of having made his first animated film as a school boy. He has thus been involved with animation for more than three decades. Peter is credited with pioneering clay character- MORPH, a simple clay character developed by him when working with BBC that became a well known claymation character on television. It was a simple model yet displaying a personality and charm, a hallmark of Peters characters. Peter Lord and Sproxton focused on plasticine / clay animation, a medium rarely used in Europe. Peter along with Mr. David Sproxton, another pioneer in animation, founded Aardman Animations in 1976, named after a character in an early film of Peter. Peter and David were classmates in Working Grammer School for Boys. Over the years Peter and David, the cofounder of Aardman Studios, have produced many commercials, pop videos, childrens series and short films. Two of Peters own short films- Adam Wats Pig- have been nominated for Academy Awards. The other ground breaking films from Arrdman were Animated Conversations, Conversation Pieces, Confessions of a Foyer Girl and On Probation. The studio also specialised in giving human form to a variety of edible products such as singing sausage man, a fruit-and-vegetable man etc. Aardman have produced remarkable commercials using animation techniques -its characters like Douglas the Butterman for LURPAK are memorable. Peter has been working on a full length feature film with fellow Aardman animator, Nick Pick, son of a professional photographer and the most famous of the filmmakers who joined Aardman Studios. Nick Park completed A Grand Day Out for Aardman in 1989 featuring Wallace and Gromit which was nominated for Academy award-its sequel was The Wrong Tousers followed by A Close Shave which won Oscar and helped clay animation to scale unprecedented heights. Nick Park won his first Academy award for his fifth film in this series- Creature Comforts in 1990. Nick Park and Peter Lord produced the most ambitious project of Aardman Studios- Chicken Run in 2000. Chicken Run was perhaps the earliest of films that made significant use of computer animation techniques. Thanks to the pioneering efforts of Peter, Aardman Animations has become the preferred destination to many talents in animation. Peter Peake who produced Pib and Pog, Richard Goleszowski who made Indent (Rex the Hunt series), Dinosaur and Dreams and Steve Box are the notable animators from Aardman. Peter Lord, along with Mr. Brian Sibley, has authored the much sought after book titled Cracking Animation- a book which is supposed to have opened up the vistas to the World of 3D Animation. Nick Park, in his forward to this book, has commended that Peter and David were the first animators he met with expert knowledge and technique in animation and this book is a pioneering publication to impart detailed information and insights into computer animation. Brian Sibley, as a writer and broadcaster, pioneered in publishing numerous books and programmes in arts and animation. His books include Shadowlands: The Story of C.S. Lewis and Joy Davidman and The Disney Story. One of the pioneers in using computers and computer related technology in animation was an MIT student Ivan Sutherland who in 1951 created a computer drawing program, Sketchpad, further giving a boost to animation. Tron made in 1982 was a pioneering effort in computer animation. The rapid transition in the field of computer animation have seen innovative creators like Phil Tippet (Star Wars, Empire Strikes Back, Jurassic Park), Peter Jackson (The Lord of the Rings). Pixar Animation Studios has the distinction of having produced the first full length feature film animated totally on computers. While Pixar made marvels of computer animation like Toy Story (1995), followed by A Bugs Life and the super hit Finding Nemo, the rival Studio Dreamworks created Shrek series. Aardman also pioneered Pixillation, the modern technique of computer animation through their films Angry Kid. Certainly, the days ahead are going to witness breathtaking visuals and special effects as more and more technological innovations are pioneered by the large studios across the world.

Marcus Garvey Essay -- essays papers

Marcus Garvey â€Å"Final Exam† Marcus Garvey, was born in Jamaica in 1887 and is considered to be the father of the Black Nationalism Movement. During the early 1900’s, after reading Booker T. Washington’s Up From Slavery, Garvey pledged to organize Blacks throughout the world with an agenda of Black unity and pride. Moreover, Garvey achieved his greatest influence in the Untied States where there was a growing ambition among Blacks for justice, wealth, and a sense of community. From the time of World War I, up until the mid-1920’s, Gravey’s Universal Negro Improvement Association(UNIA) was the largest Black organization in African-American history. An estimated million men and women from the United States, the Caribbean, and Africa belonged to it. When Garvey arrived in the United States in March 1916, the Black populace was about to suffer a severe blow that would make them ideal candidates for Gravey’s movement. During the Reconstruction period that followed the American Civil War, many African-Americans lost faith in the American political process. They were promised many reforms and reparations that were never realized. However, World War 1 bought a new sense of prosperity to blacks because they felt they had a second chance to prove themselves as well as attain their piece of the proverbial American pie. Implementing Alger’s philosophy which states â€Å"...heroes prove themselves through inspired acts of heroism and devotion,† many blacks believed if they foug...

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Senators part of the hiring team for the class assignment. The hiring team conducted several interviews to fill two management positions for their company Des Nett. Our team interviewed a several individuals such as a lesbian female, gay male, black male and white female. After the interviews were completed, three individuals were selected and called back for a second interview to offer employment. Our management team decided to hire the gay male (Dwight) as the day manager, the Asian (Be) as the night manager and the white female (Jan) as the Secretary/Receptionist.Jennet's role was to provide feedback for the individuals. Although we did not have time to get that far in the process, the assignment was a great learning experience. Littoral played a gay male by the name of Dwight Hurley. She was interviewed for a management position for the company Des Nut. Littoral feels the role play was a good learning assignment because it showed how individuals are often judged or stereotyped be cause of their outer appearance or life preference rather than looking into their work experiences, educational background, and their work ethic.I learned that when interviewing individuals for employment it is always good to find out the qualities they possess and how that would benefit the company. After discussing the class assignment with Team C, Shakier believes that the project provided the team with a perspective on what is involved in the hiring process. The employing team conducted interviews to fill two management positions for their company Des Nett. The team interviewed individuals who were lesbian, gay, African American, and Caucasian. This provided group members with the opportunity to become more culturally diverse.The team as able to get a better understanding of how to intern;IEEE people from different backgrounds and cultures. As well, each member was provided with insight on different roles associated with recruiting potential employees. During the week five works hop, students in attendance split into two teams, interviewers, and applicants. Sharron was a 65-year-old telecommunications executive whom interviewed for one of the management positions. The interviews took place at These Nut LLC, a company that produces and manufactures huge selections of nuts.The interview team interviewed applicants of different nationalities, ages, and social choices. During the interviews several notes were made that could cost These Nut LLC thousands of dollars in legal fees. Most of the violations were employment violations such as preferred work schedules that was offered to some and not all applicants, asking derogatory and discriminatory questions such as are you married? Do you have childcare available for your children? The overall goal of this simulation was to make the teams aware of questions that should be avoided and questions that must be asked during a panel interview.

buy custom Abstinence Movement essay

buy custom Abstinence Movement essay INTRODUCTION Abstinence movement is an initiative that aims to bring awareness to the youth in terms of leading responsible lives. Being responsible for oneself is centered on being aware of the changing times and being able to remain moral even at tempting times. This research paper details the motives of the abstinence movement under the understanding of morals as depicted in the novel Abstinence Teacher. The aim and purpose of this paper is not evaluating the novel, but using the novel to bring out the insight of the abstinence movement. The novel rotates around the lives of Ruth, Tim, Jaonne, Maggie, Eliza, and a Pastor. These characters in the novel are essential details whose understanding of sex education explains what abstinence movement focus on and the challenges it faces. The significance of this study is to enlighten the Diasporas on the advantages of sex education in the society. The youth are the future of any state of country, with this in mind the paper discusses what benefits of the abstinence movement to the youth taking into account lives of some characters in the novel Abstinence Teacher. Upon the aspects of the abstinence movement that are discussed in this paper include: The role of religion and its teachings in shaping the lives of the youth; the external pressure that makes the lives of youths be immoral; understanding of parents and the impact this understanding has on their children; the right way to deal with those desperate to change their ways. As for the characters in the novel, some odd understandings of sex education or sex itself and lack of self-realization are depicted. Their role in bringing out the phenomenon of the abstinence movement is utilized in this study using their actions and states of understanding. Ruths feminism and Tims realization that he does not belong to The Promise Keepers are some of the issues that this paper takes a toll on to relate to the abstinence movement. (Perrotta, 2008) The impact of religion on the youth Tim has been absorbed into the church. The church is not a responsibility but a place to get spiritual nourishment. The fact that Tim doesnt realize that the church is an addiction that he has developed, the responsibility of church goes beyond the personal mental state of an individual but to the specific religion one belongs to. The impact of the church to the people and its contribution to the abstinence movement is tremendous as discussed below. Religion has a great effect on the lives of youth in terms of their achievements, aspirations and self-image. These help the young people in their future physical, socioeconomic and mental welfare. Once self-esteem is improved, it will reduce such factors as: delinquency, alcohol and drug use, poor academic performance, the number of children born to unwed mothers and other varied destructive behaviors such as family violence. Information on how to improve the self-image or self worth of a person can be gotten from sources like in seminars, from self-help books with bible teachings. Adolescents seek ways on how to become independent from their parents without even realizing who they truly are. This is why teachings on self worth will help them try to identify who they are so that they avoid getting into trouble and into some unruly behaviors. (Harrison, 2000: 13) Self worth helps the youth to know how to respond to peer-pressure and how they think and experiment on such issues as experimenting with sex and use of drugs. Religion is a great force behind the forces of self-esteem and should therefore not be ignored when instilling these virtues into the young people. Feelings of self worth are diven by religious activities, beliefs, and activities. The insight of one being a child of God, an imminent purpose of life and an involvement in a caring organization may help strengthen the self-worth of people and not just the young alone. This will therefore make the young try to formulate the teachings of the bible hence living a moral life. Such teachings of the bible include the consequences that are attributed to the rebellious people and disobedient children to their parents that lead to lack of self-respect, which in turn leads to loss of contact with God. Although there are great controversies among different people whether religion really affects the way in which the youth behave, the fact is that the young people with a Christian understanding are less likely to get involved with negative behaviors as compared to those without a Christian upbringing. Many churches, according to findings, teach people to have good and morally upright morals and a positive image about themselves; this therefore may influence the youth to have self-evaluations in a positive kind of way. Once the youth attain this virtue of self worth they will definitely start performing in their class work since they believe in themselves and what they are capable of doing. Factors that lead to immorality in youths Taking a look at Ruth in the Novel Abstinence Teacher, it is clear that lack of sex education in her life has a tremendous contribution to her feminism. The fact that she felt bad when her daughter Maggie prayed in some event, points out that out of the most important factors of parenting. In the abstinence movement some of the most important pillars of shaping a young ones life is by pointing them the right way. However, there are many factors that lead to immorality in youths. Unless these factors are looked into, the success of the abstinence movement would be difficulty to achieve. The factors are described below and how they can be dealt with. (Cornog, 1996) Several factors lead to the unruly behaviors in the youth and some are external while others are internal psychological problems. Peer pressure is the greatest of all the factors. Most youths do things so that they can belong to a certain type of group of their fellow teens and not because they enjoy it. Some young people get into immoral behavior because their parents are not good to them and they therefore want to feel good bout themselves and have people who can appreciate them and get into sexual activities when they satisfy their partners in bed. Some parents have a way of not accepting anything their children do and always think they are wrong and this is what leads to the rebellious attitude, to prove a point. Parents therefore end up losing their children without knowing in the first place that they themselves contributed greatly to their behaviors. Very few of the youths however involve in irresponsible sexual behavior by lack of knowledge. There are those who are simply ignorant on the consequences sex may have in their lives and therefore need to be guided to avoid temptations and avoid people manipulating them into it. The society has also contributed greatly to the sexual decay in the world. Many people view sex as an ordinary thing and will even find it odd when someone is past the teenage period and still a virgin. In some colleges and universities it is even worse since one is openly ridiculed by their friends once they find out that they are virgins and therefore people do everything so that they can avoid such embarrassment. (Halstead Reiss, 2003) Other factors that lead to sexual practices among the youth include poverty and trying to live up to certain standards. Most parents cannot provide for everythingg that their young adults need. Girls end up engaging in sex with elderly men for the money while the boys go for mature elderly women for the money. Mostly the college and university-going students do this, as they want to keep up with the latest fashions and the parting life that is a bit costly. The right way to deal with those who want to change their lives Therapy is not an old means of dealing with troubled lives, but in sex education it is the responsibility of the society; starting from the parent level to religion level. Going the bible way, keeping in mind that Christianity is the largest religion, some of the teaching in the bible can be good examples for application in the abstinence movement. Some of these teachings are discussed under the light that Ruth does not provide them to her daughter, but they would be of great help if she had. The bible condemns premarital sex before marriage and calls it fornication, which is a sin. Fornication happens when people not married engage in sex and this category captures the youth. 1 Corinthians 6:13 says that the body is not meant for sexual immorality but for the Lord, and the Lord for the body. This therefore means that the bible does not support sexual practices between or among individuals if they are not married since the body is holy and belongs to God. Anyone willing to follow the right path in life should shun sexual practices before marriage as it is a shameful act that leads to many negatives effects such as: school dropouts caused by unprotected sex between the youth who do not have knowledge on contraceptives. Sexually transmitted infections which are very shameful; poor performance since attention will drift from class work and the time that should be spent reading will be used for the sex escapades and feelings of fear since one will be suspecting of being sick sexually or pregnant. A factor to consider is that fifty percent of the people who have HIV are between eighteen and twenty four years of age due to irresponsible sexual behaviors. It is therefore wise to abstain since the contraceptives used like the condom are not one hundred percent safe. They can allow some viruses to penetrate and we do not want to be a victim of such life changing blunders that we can avoid. What the Bible preaches is abstinence by people who are unmarried. For the married, sex is basically meant for re-creation, that is, to bear children. Take a second and think about how different the world would be if people did not engage in premarital sexual practices. There would be no unwanted pregnancies, many deaths caused by abortions, poor lifestyles caused by the youth burdening their parents with an extra child from premarital sex, and sexually transmitted diseases. Why God prohibits premarital sex is to protect women from bringing up fatherless children, protect children from having parents who were not prepared for them or do not want them at all. (Kehily, 2002) CONCLUSION As much as The Abstinence Teacher is involved to figure out what is good for the abstinence movement. The roles of the characters provide us with insight of people and their understanding of sex education. Religion plays an important role in shaping the lives of the youth and the sexually confused. It does so by providing teachings that are aimed at bringing light to the youths through the teachings of the bible. Ruth and Tim are self absorbed to mentalities they do not quite embrace effectively. The problem is because they are not aware of sex education and the importance of self recognition. Buy custom Abstinence Movement essay

Anthropology is a discipline that systematically Essays

Anthropology is a discipline that systematically Essays "Anthropology is a discipline that systematically studies human culture and the evolutionary dimensions of human biology." It let us help to get information about humans with their past and present. Anthropology relates to other dimensions of studies such as biological science and physical science to get the understanding of human history and cultures. It is also a study of the biological human with their physical elements. Anthropology is studied under four main subfields; Cultural Anthropology, Archeology, linguistic Anthropology and Biological anthropology. "Cultural anthropology is a subfield of anthropology concerning itself primarily with contemporary societies, their belief systems, and social behavior." A Cultural anthropologist studies human through ethnography which is a "written anthropological description of a culture produced by a researcher conducting field research in that culture." It is based upon face-to-face interviews and is conducted in a native language. Archeology is the subfield of anthropology studying the lifestyles, history, and evolution of societies by examining their remaining artifacts." It is studied through "scientific recovery, analysis, and interpretation of the physical artifacts left by the former societies." Archeologist does not excavate field sites randomly to collect artifacts instead it is done through "systematically for a specific purpose." Linguistic anthropology is "the subfield of anthropology dealing with languages, their diversity, and connections, as well as the interface between language and culture. It examines such diverse topics as the relationship between language and brain function, how language changes change, links between language and human behavior." Biological anthropology "explores the study of human biology within the framework of evolution and highlights the relationship between biology and culture." "Biological anthropology looks atHomo sapiensas a genus and species, tracing their biological origins, evolutionary development, and genetic diversity." Anthropologists want t know why things happen. For example, we know how communicable diseases are spread but we may not know why they spread? Anthropologists use various methods to find out the answers. Such as Observational Methods allowing the investigator to "obtain knowledge about the group being studied without interfering with their privacy too much." Interviews and Questionnaires This group of methods gives emphases on "community interaction through the medium of language." Participant Observation is an anthropological fieldwork method for collected research. It needs the anthropologist participate in the culture they are researching as well as observing it. The information obtained is then recorded and reproduced upon to gain further vision into the culture being studied or the question being asked by the researcher. Life Histories is a term used to explain when a person expresses their whole life experience, usually starting from the beginning to the present. Participator y Approach method involves full participation of the researcher with their "subjects or community they are studying." Development is an "illusive term to describe" as it depends upon the various point of view to explain, but here in anthropology development is "concerned with social and economic development" in reference to "human needs and capital." Anthropology involves a thought of all aspects of people's social, economic and cultural life with the social behaviors of the community. Anthropology not only involves the people of given community and the ways they live but also how it is "affected on the global level and also identifies the interrelationships that exist between different aspects of people's lives." Anthropologists are conscious about human societies, and the significance of their cultural diversity and biodiversity, their varied ways of empowering people through a sense of community. Likewise, anthropologists are also conscious about health conditions, nutrition, and child's education that are in worst condition nowadays. In conclusion, an anthropological perception on human development is studying the existing political and economic theology of globalization. Anthropology helps us grow intellectually to shape a good social institution letting us know who we are. We can learn a lot about ourselves and the entire elements related to us which helps to bring a real change. Sources: Strada, M. J. (2009).Through the Global Lens An introduction to the Social Sciences(Third ed.). Upper Saddle River, New Jersey: Pearson Education, Inc.

Retailing Fast Food Industry Essay Example | Topics and Well Written Essays - 5250 words

Retailing Fast Food Industry - Essay Example Fast-Food Industry, Encyclopedia Article, 2007 In 1950 expansion of street network and motor industry exhibited transformation in standard of living to balance it with food provision and first ham burger companies' projected this change of life style. Subsequently, increased mobility and modern way of living gave importance to work and women work force sprouted into power. Thus there was no time left for women to prepare food at home. Money was spent in buying fast food meals instead, as women could not find sufficient time to cook at home, they preferred buying it. As nature and scope of business changed so did fast food industry. It went through recognizable transformation in the last decades. Presentation and preparation of food was linked with technological improvements which enhanced the preservation of uncooked and precooked food. For example introduction of microwave helped prepare food quickly. Presentation and preparation of food transformed with the influence of technological and electrical appliances. Thus the use of cutlery and crockery was replaced by modernized concept of "eat with your fingers ". Another technological influence over the fast food customers was packaging. This trend of packaging allowed disposal of material which was made of plastic, cardboard, and polymers. This paved a channel for uniformity of expectations to ignite. Undoubtedly, Presentation of food and variables became fundamentals of traditional restauranteuring. Schlosser, 2001. Richardson, Aguiar, 2004 pg1 According to Rault -Wack and Bricas 2002 cultural and collective identities can be formulated through the medium of food and its impact on ones lives. Names can be associated with particular products and service to crave corporate identity through symbolism. Primarily brand association and identification targets evolution and consolidation of strong corporate identities. In the UK American hegemony in presentation and preparation of food formulates a model of cultural and collective identity. This ideal provides consumers with uniformity and repeated experience. Richardson, Aguiar, 2004 pg1 Credit of the standardized chain-owned fast-food concept goes to the American subsequent innovations which improved the efficiency of their functioning, leading to their efflorescence through franchising. Emergence of standardized chain can be traced to White Castle Company and the first store opened by Walter Anderson and Edgar Ingram in 1921. Fast-Food Industry, Encyclopedia Article, 2007 Food industry is associated with provision of food in restaurants, outlets or in packed form being available to the customer in the shop or at home in packed shape. It is linked with hotel and catering industry. Fast food retail implies the sale of the end product or completed project with four generic characteristics. Generic quality of fast food puts hamburgers, fish and chips, scooped ice cream, kebabs, fried and broiled chicken, chips or French fries, pizza, Chinese and Indian takeaway food, sandwiches, and drinks and food products into one category. Traditional retail outlets can be seen

Career Path Analysis Essay Example | Topics and Well Written Essays - 1000 words

Career Path Analysis - Essay Example 1). To be applicable in this discourse, the career path analysis for students who are currently enrolled at the London College of Communication (LLC) would be structured by initially presenting: (1) where one has been, (2) what activities are currently undertaken and the reasons for engaging in them, and (3) where one envisions oneself in the future. Where One Has Been The current author of this career path analysis have had a challenging personal background being raised and trained to become a responsible person with commitment and dedication to the adherence of ethical and moral codes of conduct. The value and respect for other cultures have been ingrained in one’s upbringing consistent with Sumner’s (1960) contention that each culture must be seen in its own terms, and the worth of a custom can be judged only by the contribution it makes to the culture to which it is a part. The values, beliefs and preferences learned from the family and from one’s national cu lture have continued to be manifested in the way one interrelates with other from diverse cultural orientations. Socio-cultural values have played important roles in one’s view of motivation and behavior. The family, particularly one’s parents, is the most influential force and reason to achieve. One has acknowledged that certain motives come about as a result of the cultural environment in which a person lives. School administrators and faculty members, as well as academic colleagues, should understand that these are some of the motives that the author brings along the academe. Such motives will affect how one would view tasks and responsibilities and how important it is personally perceived. A remuneration of one’s motives recognized parallelism with McClelland’s (1961) more important motives, to wit: the achievement motive, the affiliation motive and the power motive. The desire to achieve and accomplish is gauged to be high with an intense drive to su cceed. One works had and take calculated risks. There is a personal responsibility for getting an academic requirement well done. Concrete feedback is appreciated to determine how well one is doing. Accomplishment is important for one’s own sake, not for the rewards that follow it. Activities Currently Engaged Being part of the LLC is an instrumental move toward the accomplishment of personal and professional goals defined according to the personal motives that drive one’s thrust. People have a variety of needs; and needs manifest themselves in many forms. The theory of Maslow’s hierarchy of needs clearly depict that satisfaction of lower level needs cease to act as motivators (Maslow, 1954). From one culture to another, the same needs may exist but in different intensities and in a different hierarchy. One’s culture exemplifies a strong sense of belonging. Despite realization that enrolling at LLC would be a personal sacrifice to live away from oneâ€⠄¢s family, the strong desire for achievement and looking beyond the academic pursuit is seen as a more intense need which would eventually lead to self-actualization. Further, interest in the realm of media, advertising and marketing provided the impetus to be an active part of LLC.