Grapes Essay Example For Students

Grapes Essay Of Wrath By SteinbeckExplain how the conduct of the Joads shows Steinbecks perspective on theresponsibility of the person to society in general. Section 14 made aninteresting point. At a certain point in the section it was expressed that a rancher losthis ranch. As this keeps an eye on family gets their things and heads west theymeet up with another family managing a comparable circumstance. Presently these twofamilies offer a typical bond. A fellowship is framing. This is the impetus. Nolonger is it one rancher saying he lost his property however two ranchers joined sayingthey lost their territory. Much a similar change happens to the Joad familyespecially to the characters of Ma, Young Tom, and Rose of Sharon. At theonset of the novel we see the Joad family battling just to keep theirimmediate family together. They are centered around just themselves. Before the end ofthis great book we see the Joad family fanning out in various waysto hold onto all of humankind as one major family . Mama Joads primary worry at thebeginning of the story is her family. She needs to keep the unit together andworks constantly to accomplish this objective. Be that as it may, individually, relatives leavethe bunch for different reasons prompting the moderate however sure breaking down of theJoad family. The first to go is Noah; at that point Grandpa and Grandma die;Connie walksoff and leaves Rose of Sharon; Young Tom leaves since he has gotten intotrouble once more; and Al gets ready for marriage and chooses to go with his fianceesfamily. Mama manages every misfortune as well as can be expected. As the story advances, wefind Ma Joad turning out to be increasingly more worried about individuals outside the familyunit. She wants to share whatever pitiful food and things her familyhas with different families suffering difficulties. She saw the necessities of her own familyat the start of the story and before the finish of the novel, she sees the requirements ofher individual man. Yout hful Tom seems, by all accounts, to be narcissistic when he if firstintroduced. He has quite recently left jail in the wake of serving four years for homicide. Tomwant to appreciate life without limit and to be with his family. He is verydisturbed to discover the family home abandoned and nearly pulverized. He by this timehas reacquainted himself with Jim Casey, an ex-minister. The more Tom listens toJim and his perspectives on life, the spirit of man, and the cooperation of humankind, theless he centers around himself and his needs. He at that point starts to concentrate on the plightand maltreatment of the destitute ranchers. He begins to understand that all together for themigrant laborers to endure and succeed they should join together. He realizes that if theyband together as one, they can request that their natural rights under theconstitution be respected. They can start to pick up regard from their individual man. After Jim is executed, Tom takes up the reason for his kin. He designs towork with them. Similarly as Jim showed him, Tom understands that man is nothing but bad aloneand that each keeps an eye on soul is only a bit of a greater one. Rose of Sharon istotally centered around herself from the earliest starting point. She is pregnant for the firsttime and in adoration with her better half so her little world is finished. Sheconstantly weeps over the way that she needs nutritious food so her child will behealthy. She is constantly worried that what she does or what others never really hurt her infant here and there. She is so enveloped with herself and the child sheis conveying that she doesn't understand that her family is self-destructing. Shewhines and groans her way through the majority of the book until her child is brought into the world dead. .u8ddcc4dae15e357f111e36f39339a91d , .u8ddcc4dae15e357f111e36f39339a91d .postImageUrl , .u8ddcc4dae15e357f111e36f39339a91d .focused content region { min-tallness: 80px; position: relative; } .u8ddcc4dae15e357f111e36f39339a91d , .u8ddcc4dae15e357f111e36f39339a91d:hover , .u8ddcc4dae15e357f111e36f39339a91d:visited , .u8ddcc4dae15e357f111e36f39339a91d:active { border:0!important; } .u8ddcc4dae15e357f111e36f39339a91d .clearfix:after { content: ; show: table; clear: both; } .u8ddcc4dae15e357f111e36f39339a91d { show: square; progress: foundation shading 250ms; webkit-change: foundation shading 250ms; width: 100%; murkiness: 1; change: darkness 250ms; webkit-progress: haziness 250ms; foundation shading: #95A5A6; } .u8ddcc4dae15e357f111e36f39339a91d:active , .u8ddcc4dae15e357f111e36f39339a91d:hover { mistiness: 1; change: obscurity 250ms; webkit-change: mistiness 250ms; foundation shading: #2C3E50; } .u8ddcc4dae15e357f111e36f39339a91d .focused content region { width: 100%; position: relative ; } .u8ddcc4dae15e357f111e36f39339a91d .ctaText { fringe base: 0 strong #fff; shading: #2980B9; text dimension: 16px; textual style weight: striking; edge: 0; cushioning: 0; text-adornment: underline; } .u8ddcc4dae15e357f111e36f39339a91d .postTitle { shading: #FFFFFF; text dimension: 16px; textual style weight: 600; edge: 0; cushioning: 0; width: 100%; } .u8ddcc4dae15e357f111e36f39339a91d .ctaButton { foundation shading: #7F8C8D!important; shading: #2980B9; outskirt: none; fringe range: 3px; box-shadow: none; text dimension: 14px; textual style weight: intense; line-stature: 26px; moz-outskirt span: 3px; text-adjust: focus; text-enrichment: none; text-shadow: none; width: 80px; min-tallness: 80px; foundation: url(https://artscolumbia.org/wp-content/modules/intelly-related-posts/resources/pictures/straightforward arrow.png)no-rehash; position: outright; right: 0; top: 0; } .u8ddcc4dae15e357f111e36f39339a91d:hover .ctaButton { foundation shading: #34495E!important; } .u8ddcc4dae15e357 f111e36f39339a91d .focused content { show: table; tallness: 80px; cushioning left: 18px; top: 0; } .u8ddcc4dae15e357f111e36f39339a91d-content { show: table-cell; edge: 0; cushioning: 0; cushioning right: 108px; position: relative; vertical-adjust: center; width: 100%; } .u8ddcc4dae15e357f111e36f39339a91d:after { content: ; show: square; clear: both; } READ: Serial Killer Observation EssayThe passing of her youngster appears to change her. At the finish of the novel shebreast takes care of a withering man. To me this is representative of drinking from the milk ofhuman consideration. She gives of herself to spare another individual. She too islearning about the partnership of man. Taking everything into account, as the Joad familyseemingly deteriorates, they really converge in to a bigger, all the more universalfamily the group of man. English Essays

Loop And Recorded Myself Reading English Literature Essay free essay sample

While making this paper, I wasnt accurately certain what to state like with most records. As I composed this paper, I played Adeles vocal on a cringle and recorded myself perusing Lord Byron s stanza structure. I tuned in to the two dorsum to dorsum and shut my eyes before I began making. I concentrated on the words, what they said and what I imagined thus I composed. While creating this paper I happened it difficult to stretch where I feel poesy and music assembly. I think in the event that anything it is incredible to get back some input on how reinforce my announcement. Periodically I realize what I need to state, yet I think that its difficult to parcel my thoughts in a succinct mode. Voyaging frontward, I couldn't imagine anything better than to make a solid account or poesy that inspires forceful feelings the same number of my preferred vocals do. Music and verse there are some who consider them to be covering habits and other people who consider them to be finished antonyms. However in the event that we really took a gander at the two-the way they are made, how they are propelled, or even how they are gotten music and poesy do nt genuinely appear to be that unique from one another. They could be enlivened by an incredible love, a horrendous melancholy, a scene in the recreation center or a faded old memory. They can be written in complete purdah and confinement as the rest of the universe proceeds onward outside of the window. They can be written in the bunco of a java store in the midst of the anarchy of a group. They can be composed as insider facts, go forthing them detached for perusing to the universe. They can be composed as dubious accounts, go forthing it to the universe to form the stoping. The motivation behind a vocal or a refrain structure might be extremely close to home and alone, yet the feelings are definitely not. They address us ; however our situation or experience might be diverse the feelings could be unclear. Or on the other hand pe rhaps a vocal addresses an individual simply in light of the fact that the words are lovely, helpful, and paint a delightful picture. Huge numbers of us do non see a topographic point for poesy in our lives. Such a large number of us have a heard a vocal and just experienced passionate feelings for the wordss. We do nt accept that what we love is a signifier of poesy, when in actuality it is. The Oxford Dictionary characterizes poesy all things considered, a workmanship signifier where the vibe of emotions and considerations is invigorated by curious taking care of articulation ( once in a while influencing rime ) , beat, and creative mind. The Oxford Dictionary other than characterizes music in that capacity, the workmanship signifier of vocal or instrumental sounds ( or both ) consolidated in such a way as to deliver excellence of signifier, congruity, beat, and look of feeling. Despite the fact that the definitions are a little extraordinary, they cover. Both point of convergence on the appearance of feeling, the beat of words, or more all consider music to be poesy as a workmanship signifier. There are numerous cutting edge twenty-four hours vocals that are similar to some of better realized refrain types of the twentieth century. In spite of the fact that the etymological correspondence or sentence structure may be a spot distinctive between a vocal and stanza struct ure, the supposition behind the words whether the piece is present day or non is extremely much the equivalent. Apparently one of the most celebrated and adored separation vocal imaginative people of the present twenty-four hours is Adele. Despite the fact that one may state it is her inconceivable voice that sells her music, I think it s genuinely the excellence of her words that individuals associate with. Take for case her vocal, Person Life You, however she is discussing her ain life, the vocal is relatable for any individual who has encountered sadness. Hear her out vocal and shut your eyes, take in her words. Do non focus on who is expressing it however what is being said. More regularly than non, a picture will sort out. Tuning in to Adele s vocal, there are numerous things one would see. In the focal point of a higgledy piggledy universe is a duo that set out on a blast relationship in their youngster, yet as they got more established they headed out in their own direction. Perhaps, they parcel a guarantee that no undertaking what they will happen each other again and make the second c arry on of their relationship. In any case, she hears that he has proceeded onward and discovered individual else. She sees that she has missed out on something ; she despite everything has affections for him and expectations that where it counts in his chest he has affections for her too much. She likely went through what could go on when run intoing him again in her caput again and again againaë†â ¦would he open the entryway and have that twinkle in his eyes, bring her into his weaponries and keep her eternity? Lamentably, she will neer cognize. He has discovered his new love and life, while she is as yet populating before, trusting for something that could neer go on. In spite of the fact that she feels like he has changed, Old companion, for what reason would you say you are so restrained? Artificial intelligence nt like you to hold back or tumbled from the noticeable radiation. She feels that he is nt like he used to be, that his new love has transformed him. She feels that one twenty-four hours, she will happen another genuine affection, and she will hold her moment of candent felicity. In any case, she other than trusts that he will recover her like she recollects that him, here and there, perhaps the smell of her fragrance, a topographic point they have shared or just the way the twenty-four hours feels each piece long as he recalls and grins she will be upbeat. The vocal might be composed by Adele, however it is non an alone account. Lonely love, anguish, and so on they all go manus in manus with affection. One can reason that without one we can non really know the other. What's more, no 1 knows this superior to an artist. For they have, all through, history composed of their stinging and distress over the loss of their adoration. Master Byron s stanza structure When we Two Parted bits a comparable history or foundation as Adele s vocal. The stanza structure is other than composed by a distressing individual who has lost the individual he cherishes. The stanza structure starts with the dark tone of urgency which will qualify the full work. Promptly the peruser is acquainted with the talker s quietness and cryings ( line 2 ) upon the disintegration. Her ain response is to turn cold-the physical depiction of her cheek as cold and pale insinuations at disease, yet her colder buss ( line 6 ) suggests a passionate withdrawal abandoning the extremely moment of their goodbye, which Byron finds unbearable. He sees her quick reaction and his ain passionate response at the clasp as a sign of the great beyond ( the these days of the stanza structure ) as that hr anticipated/Sorrow, which would make from the days gone by to today. The creative mind of chilliness extends from the terminal of the principal refrain into the start of the second verse with the nippy dew upon Byron s brow, proposing his ain passionate withdrawal, yet next to naming to mind the cool sweat from which 1 may wake after an exceptionally nerve racking incubus. He stirs into a universe still every piece forlorn as the 1 he finished the old dull. He consequently turns his taking care of his darling s clear unfaithfulness to him. Her pledges are completely broken ( line 13 ) , implying she had made a few vows to Byron in spite of the undercover and unlawful nature of their issue, and more distant proposing Lady Frances offensive relationship. The talker takes note of that her VIP is currently light - without weight or coerce and simple blown about-yet there ought to be disgrace in the discourse creation of her name as a result of him, which he at any rate will understanding for them both ( lines 14-16 ) . The dear s discolored name extends into the third verse, as Byron looks at hearing her name expressed by outsiders to the ring of an overwhelming chime like a congregation ringer tolling a memorial service. He shivers when he hears her name, bespeaking that he can non disturb the intensity of their relationship. He parts of the bargains foreseeing his response at some future gathering mature ages along these lines: how might he perceive her? Again there would be quietness, yet close to misery: quiet and cryings ( line 32 ) . His stinging will non decline, nor his feeling of being wronged by her activities, much after numerous mature ages. The rehash of quietness and cryings toward the start and terminal of the section structure indicates the artist s failure to go forward his moment of harming behind. He is caught in an area of saddening a lost love. It is even more terrible that he lost her to another grown-up male and everything he can offer her is that he will ensure her distinction by saddening totally. Both Adele s vocal and Lord Byron s sonnet talk about anguish and the despair felt by unbelievably to footings with the loss of the 1 they love. They were enlivened by various stories, yet those accounts evoked extremely comparable feelings. Simply as, however one is a vocal and one is a sonnet their similitudes eclipse their disparities. I have oftentimes felt that poesy and music are extremely comparable in a few distinct manners. Both workmanship signifiers can catch an individual encounter or moment in cut in an extremely splanchnic way. Verse and music are each piece close as humankind goes to an immediate look of the mind. Verse and music both endeavor to show an encounter each piece straight as could be expected under the circumstances. The finish of a writer and an artist as often as possible includes conferring involvement with an extremely prompt and splanchnic way. From numerous points of view, music is an undertaking intended to offer look to the most profound human senti ments and encounters. It is a theoretical craftsmanship in its development however concrete in footings of its effect. There are other than numerous who accept, as I, that music is another signifier of poesy. That does non mean that poesy is non still alive and great, and by all offices, significant. All that it truly implies is that music has a way of introducing the lovely craftsmanship signifier of words to individuals that typically would nt be influenced by a wonderful verse. There is a ground, past the basic need for freshness, for new signifiers. After a specific clasp, an idyllic signifier, marginally like a way of moving or painting or a way of dressing

Some minor updates to SIPAs programs COLUMBIA UNIVERSITY - SIPA Admissions Blog

Some minor updates to SIPAs programs COLUMBIA UNIVERSITY - SIPA Admissions Blog SIPAs undergoing some small changes this summer that you should know about; especially if youre planning to apply to one of our degree programs this year. While this blog focuses on the two-year programs, it never hurts to learn more about our part-time and one-year masters degree programs as well. So heres a look at whats going on with each program. MPA-EPM (formerly PEPM) Updates The MPA in Economic Policy Management (MPA-EPM), formerly known as Program in Economic Policy Management (PEPM), provides highly accomplished policymakers and professionals with the skills required for the design and implementation of economic policy in market economies, with a strong emphasis on the economic problems of developing and transition economies in a global context. MPA-EPM is highly specialized to accommodate the demands of mid-career professionals and policymakers in both the public and private sectors. The course of study applies the theoretical rigor of the social sciences to the practical lessons of economics and management science through the intensive study of actual economic policy successes and failures. The demanding curriculum presupposes that students possess some measure of intellectual maturity and professional exposure to the problems of economic decision making. Our 12-month program has three different curricular focuses: the traditional Economic Policy Management focus (EPM), the Global Energy Management and Policy focus (GEMP) and the Central Banking and Financial Markets focus (CBFM).  The EPM focus builds students technical competence with the tools of economic management and policymaking, the GEMP focus teaches the fundamentals of the energy industry, including international energy systems and business organizations involved in the production, transportation, and marketing of energy products and the CBFM focus teaches the latest techniques in capital market development and macroprudential policy. MPA-EPM was formed in cooperation with the World Bank and still maintains its connection to the Bank, through our Joint Japan/World Bank Graduate Scholarship program, providing full scholarships each year for up to 12 students from emerging economies;  https://sipa.columbia.edu/the-joint-japanworld-bank-graduate-scholarship-program The MPA-EPM is best suited for professionals with 4-10 years of working experience from institutions such as central banks, finance ministries, national and international development agencies and international financial institutions. Professionals from financial, consulting and energy backgrounds are also encouraged to apply. Applicants should also hold an undergraduate degree with a record of superior academic accomplishment, and preferably with strong economics or mathematics content. For more information about MPA-EPM please click  here  or email  mpa-epm@sipa.columbia.edu. David Caughlin,  Associate Director, MPA-EPM Center on Global Economic Governance MPA-ESP Updates The MPA in Environmental Science and Policy is a one year, full time immersive program specifically designed to prepare you to take a leadership role as a sustainability professional in the public or private sectors.  Our program is the only program in the US that includes a unique environmental science curricula designed to inform policy and management decisions, in addition to sustainability management and environmental policy courses. Our Workshop in Applied Earth Systems Management course offers students an opportunity to serve as a sustainability consultant to a real client, so we have an internship-like experience built into the curricula.  Our practical training will teach students how to develop effective proposals; analyze, design and implement policy and programs; create efficient master calendars and budgets; communicate with and manage stakeholders;   measure organizational capacity and impact; and present effective briefings and other presentations. For more information about MPA-ESP please click  here  or email  Associate Director Laura Piraino at lpiraino@ei.columbia.edu.  Laura Piraino,  Associate Director, MPA-ESP Executive MPA Updates Having just passed the  July 1  application deadline, the Executive Master of Public Administration (EMPA) program is gearing up for the Fall 2017 orientation on  August 19. Once more, we will have a strong cohort of mid-career professionals representing the public, nonprofit and private sectors and several countries. Due to increased demand, the EMPA program will once more have a spring class, and the Spring 2018 application will be available in mid-August. Our commitment to high quality digital education is evident in our innovative digital video case studies, created by the video production team at the Picker Center for Executive Education. This year several new cases were added to the collection, filmed on location in Ghana, Rwanda and the Democratic Republic of the Congo. These cases explored issues of development and Aid, as well as technology in government. Examples of cases from the collection can be seen below: Digital India Password: sipa2017 eDoctors Password: sipa2017 For more information about EMPA  please click  here  or email empa@columbia.edu. Valerie Zimmer,  Associate Director of Recruitment and Marketing, EMPA MIA/MPA/MPA-DP Updates Starting this term, youll notice a shift in MIA/MPA concentration directors.  Travis Bradford stepped down as director  of the Energy and Environment Concentration.  Bradford, who is widely recognized for his expertise in clean energy markets and finance, will continue to hold the position of Professor of Professional Practice in International and Public Affairs and will teach the Concentration’s required course on energy fundamentals. Wolfram Schlenker, Professor of International and Public Affairs, and David Sandalow, Inaugural Fellow at the Center on Global Energy Policy, have been appointed as Co-Directors of EE. Professor Schlenker, who is an internationally recognized expert in environmental economics teaches, “Economic Analysis of Environmental Policies”, one of the core courses in the environmental policy and management focus area. He currently serves on the Steering Committee of the Environmental and Energy Economics Program at the National Bureau of Economic Research (NBER) and the Board of Reviewing Editors at Science. Sandalow, who leads the Center’s China research, writes widely on energy policy, including most recently on energy geopolitics and renewable energy finance. He has served in senior positions at the White House, State Department and U.S. Department of Energy. Speaking of courses, weve also expanded our curriculum offerings.  To date there are 14 new courses being offered in Fall 2017: they include Climate Change: Israel and the Middle East, State Formation, Deformation and Failure, and Crime, Journalism, and Public Policy, among others. (Spring 2018 additions will be announced in mid-July.) The  Professional Development Career Conference is also experiencing some changes. The course now meets three times over three weeks. Previously, the course was completed in either two or five class meetings, but the Office of Career Services adjusted the program based on feedback from students and professionals in the field.  It is a requirement for all students in the MIA, MPA and MPA-DP programs, and should be completed during the first year of study. The PD Conference is designed to help students clarify career goals, shape viable strategies for pursuing internship and job opportunities, and develop skills to compete effectively in the international and public affairs job markets. If anything else develops well announce them on the SIPA Admissions Blog. As always, browse this Blog or visit the SIPA website to learn more about the two-year programs. You may also email us at sipa_admission@columbia.edu. Kaitlyn Wells, Assistant Director of Admissions, SIPA Interested in applying to our programs? The applications for MPA-ESP and MPA-EPM are live today! (The two-year MIA/MPA and EMPA programs will open in mid-August 2017.) Visit  https://apply.sipa.columbia.edu/apply/ to start your application.

Imperialism and India Essay - 1067 Words

The domination of a country’s or region’s political, cultural, or economic life by one country is called imperialism. (Esler, page. 632) European imperialism began in the 1800s. â€Å"European nations won empires in the Americas after1492, established colonies in India and Southeast Asia, and gained toeholds on the coast of Africa and China. Despite these gains, between 1500 and 1800, Europe had little influence on the lives of the peoples of China, India or Africa.† (Esler, page.632) Then the Europeans industrialized and believe western cultures were superior to all other. They felt the other countries were inferior to them and began the spread of westernization. There were many causes of imperialism. A major cause of imperialism†¦show more content†¦Ã¢â‚¬Å"They applied Darwin’s ideas about natural selection and the survival of the fittest to human societies and nations.† (Esler, page. 633) Natural selection is when individuals or organisms that are better suited to their environment survive a reproduce the most successfully. European believed they were superior to all other countries. They set out to spread western cultures and millions were robbed of their own culture. The British East India Company gained trading rights on the Mughal empire. The company expanded its influence; it controlled three fifths of India by the mid 1800s, as the Mughal power declined. India was not able to unite because there were too many languages and cultures. Even though many effects of the East India Company were negative, many positive effects came out of it too. â€Å"The East India Company’s main goal in India was to make money, and leading officials often got very rich. At the same time, the company did work to improve roads, preserve peace, and reduce banditry.† (Esler, pg. 633) British officials introduced western education, pressed for social change, missionaries tried to convert Indians to Christianity, tried to end slavery, the caste system, and improve the position of women within the family. Indians resisted British domination. British hurt the business class, by not allowing them in large-scaling manufacturing. They also kept educated Indians out of high posts. Some British laws violatedShow MoreRelatedImperialism in India6601 Words   |  27 Pagesof imperialism are both positive and negative. The positive effects are banning inhumane traditional practices such as sati and the dowry system, promoting widow remarriage and prohibiting child marriage. The negative effects are that Britain caused the traditional industries to crash. Also, poverty increased. British officials were paid out of the India treasury. Imperialism drained Indias wealth. It destroyed India economically and politically. India became dependent due to imperialism. ItRead More Imperialism And India Essay1091 Words   |  5 Pages Imperialism and India nbsp;nbsp;nbsp;nbsp;nbsp;Throughout history, many nations have implemented imperialism to enforce their will over others for money, protection and civilization. India was no exception. Since its discovery, Europeans were trying get a piece of Indias action. In many cases England was the imperial, or mother country. Since India was put under imperialism, a great deal of things changed, some for the good, mostly though for the bad. Between 1640 and 1949, India was ruledRead MoreA Passage to India: Imperialism1677 Words   |  7 PagesDiscuss Forster’s portrayal of Imperialism in the novel a passage to India A passage to India by E.M.Forster is a novel which deals largely with the political, economic and social takeover of India by the British Crown. The novel deals widely with colonialism and more specifically, imperialism. Forster presents the theme in question through the lives and minds of the characters from both the Indians and the English people. There is no subjective undertone to the novel and we see clearly how eachRead MoreImperialism in India and China1234 Words   |  5 PagesBritish imperialism in China and India brought very different responses, in part because of the nature of imperialism in each place. While both regions were greatly influenced by the British, in India the country was placed under the direct rule of the Queen. In China on the other hand, the spheres of influence were economic, and did not entail direct British rule. 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Nationalism is a feeling of pride and devotion to one’s country. This can drive a person to think that their country is the most powerful, and in essence drives that person mad with power and a hunger to conquer, whi ch not ironically is exactly what many countries did. SocialRead MoreBritish Imperialism in India Essay706 Words   |  3 Pagesgiven the people of India the greatest human blessing - peace.† (Dutt). Merely coming to India in the 1600s to trade, the British East India Company established trading outposts. After ridding of French influence in India during the Seven Years’ War and having Indians mutiny against British rule, Britain gained full control of India. India has been under the imperialist control of the British until their independence in 1947. British imperialism caused some negative effects on India through poverty andRead MoreBritish Imperialism In India1626 Words   |  7 PagesBritish controlled parts of India first through company rule 1757-1858 and later through the British raj from 1858-1947. The British did not enter India as colonisers but as traders. They had a legal trading charter from the British crown and they also had permission to trade in Bengal from the Mughal king Jahangir. They continued to be a trading company for many years but after the death of the Mughal ruler Aurangzeb in 1701 they gradually started to take control. The East India Company started to controlRead MoreThe Imperialism Of India By George Marshall1739 Words   |  7 PagesKai Middlebrook Mrs.McKnight World Literature: Per. 5 11 October 2015 British Imperialism in India â€Å"After three shots, the elephant still does not die. Orwell fires his two remaining shots into the elephant’s heart. He sends someone to get his small rifle, then pours ‘shot after shot into his heart and down his throat.’ Still, the elephant does not die. Orwell, unable to stand the elephant’s suffering and unable to watch and listen to it, goes away. The elephant, like the Burmese people, has becomeRead MoreBritish Imperialism in India Essay1746 Words   |  7 PagesAli, a leader of the Indian National Congress. br(Masani, quoted in Wood, 32, 1989) br brThere is no doubt that British imperialism had a large impact on India. India, having previously been an group of independent and semi-independent princedoms and territories, underwent great change under British administration. Originally intended to consolidate their hold on India by establishing a population that spoke the same language as their rulers, the British decision in the 1830s to educat e Indians

The Undeniable Truth About Help with Physics Problems That No One Is Sharing With You

The Undeniable Truth About Help with Physics Problems That No One Is Sharing With You Please show you working as clearly as possible, thankyou. The majority of the job is done if you work based on the blueprint. By the next outstanding article you'll find out how to seek out a dependable physics homework help. In fact, assignment is conceived by the majority of students as a chore they do not prefer to get distracted with that. Whenever there's a homework. Physics homework can be very hard and it isn't something which you're able to ask most parents to aid you with because most don't know a lot about the subject but. Welcome to the internet physics homework help section from assignment shop. The War Against Help with Physics Problems Physics is a significant part of our everyday lives. Make it a point that you've got the essential resources available It matters to possess the things out there in your study area that you might need to use to complete your physics homework. Helping to develop scientific capacity supports the growth of the nation, during and following conflict. Technology was shown to have a sizable influence on people's physical wellness. Help with Physics Problems Features Please reply if you're such an expert with a whole lot of background experience in Physics s o I can proceed with my test and provide you with the questions. For instance, answers to test questions are available in textbooks for teachers. The entire amount of questions is 10. To do so, you should ask fundamental questions. Ok, I Think I Understand Help with Physics Problems, Now Tell Me About Help with Physics Problems! In order to repair your errors and accelerate PC, it is suggested that your download the Data2 Cab Repair Tool'. Services are affordable, available for different subjects, and you'll be able to find the help you require for different areas like editing and proofreading. Tutoring is also a terrific means to acquire daily homework help too. It is possible to get my instant Help within it. The Fight Against Help with Physics Problems Dark matter is believed to compose most of the matter in the universe, but it has evaded every attempt up to now at characterization. If it's possible to explain something to someone else then that's a very good indicator that you comprehend the material. So the best plan of action is quite the opposite. In such a situation, you will need to have a look at both answers and choose which one makes sense and which one doesn't. Physics is among the most troublesome subjects in school and at times you only need a little more help with it. Math is short for mathematics and it's composed of relationships which are between forms and figures. Practice to become far better. Students can also have Physics homework help. Whatever They Told You About Help with Physics Problems Is Dead Wrong...And Here's Why By-heart the one markers if you're stuck somewhere. The point is to have a heap snapshot and take another one after a couple of minutes of work. Among the things that it may tell you is how much memory a page is now using. It's extremely important to address the issue algebraically before inserting any numerical values. In the majority of physics problems, there's more than one method to reach a solution, often meaning that more than 1 equation can do the job. 1 part of learning how to fix a challenge is to understand what approach to use. You're encouraged to read each issue and practice the usage of the strategy in the solution of the issue. The more problems you solve, the more you'll become familiarized with strategies for picking the correct formula. Upon registration, you are going to be in a position to ask questions regarding physics or get aid with your physics homework. There are a lot of ways to fix a physics issue. You may make physics an intriguing subject by applying what you learn to everyday circumstances and appliances which you use. Like math, physics wants a lot of practice. Study the material well so that you comprehend the concepts (even in the event that you hate the math) and understand the equations you must use. Thus, it requires strong math skills and good comprehension of physics concepts and approaches. Hence it's important for students to comprehend different concepts involved in a given topic and then make an effort to solve calculation based questions in physics. It's mandatory to clear the essentials of algebra to create firm grasp of the topics.

Counselor Interviews Free Essays

Ethics in the field of marital and family psychology is a very sensitive subject to both the clientele treated and the counselors. The issue of ethics as it pertains to marital and family counseling can create barriers and obstacles preventing clients from being able to fully trust the counselor. Other ethical concerns vary from whether or not to inform a parent of their child’s admitted illegal drug use to that of having a client who divulges having a life-threatening sexually transmitted disease but does not wish to have their spouse informed. We will write a custom essay sample on Counselor Interviews or any similar topic only for you Order Now Different accredited psychiatric associations have developed and implemented a defined code of ethics upon which each participating member is responsible in upholding (ACA, 2005; Leong, 2008)). Education and training for licensed counselors serve as a platform to provide answers to ethical dilemmas, however; it is up to the individual counselor as to how he or she chooses to respond. Chase and Gina provide marital and family counseling to a variety of individuals. Chase works for a private mental health group and has been practicing for the last eight years. Gina is a licensed counselor working for a public mental health services organization. She has been employed at the same office for the last fourteen years. As professional counselors, both Chase and Gina indicate that the defined code of ethics outlined by the American Counseling Association (ACA) serves as a major tool of ethical reference (personal communication, May 18, 2010; ACA, 2005). Ethical Dilemmas I. Chase He was providing marital counseling for a very troubled couple (personal communication, May 18, 2010). The couple had entered into marital counseling because of issues of trust, mistrust, and possible infidelity. The wife was asserting that her husband had PSYCHOLOGY 3 been unfaithful. One evening after work, Chase stopped by the local grocery store. After pulling in he noticed a couple engaged in a very passionate kiss. Much to his surprise, he discovered that the female involved in the kiss was in fact the accusing wife whom he was currently counseling. She immediately disengaged from kissing her male companion after she recognized her counselor. At the next counseling session, the married couple indicated that the wife had admitted to her infidelities. The husband asserted that he had already filed for divorce, but he wanted to inform the counselor in person and request that his counseling continue on an individual basis. The wife asserted that she, too, wished to continue with individual therapy. As a result, Chase declined to provide the requested individual therapy, but did provide them each with referrals. His decision to do so was based on the probability of being called as a potential witness in the pending divorce proceedings (Hecker Wetchler, 2003). II. Gina A memorable case of ethics for Gina involved a mother and her three teenage children. The family had been referred for services via the local family court following a very difficult divorce and custody battle in which the husband, and father to the children, had just left. The mother had been diagnosed with Bipolar I over three years ago, but she had great difficulty in getting her manic episodes under control. As a result, her children had to be placed into foster care in order to protect their safety and well-being. After much therapy and many medication changes, the mother was deemed well enough to be a fit parent and was awarded custody. At a family session, the counselor noticed that the mother was acting out of sorts. She was extremely talkative but was not making much sense. She rambled from one subject to the next and was unable to sit down, all the while walking and pacing around the room. The counselor excused PSYCHOLOGY 4 herself from the room citing that she had to check on something, and she went and retrieved one of her supervising colleagues. He re-entered the session and was properly introduced. Gina felt it best if the children were not present at this particular juncture, so she invited the children to wait in an adjoining office where they could watch television. The oldest child indicated that his mom was doing it again; referencing the manic episode. Gina and her supervisor asked the mother if she was still taking her medications. The mother responded that she had discontinued her medications because they made her feel too tired and too groggy which interfered with her being able to take care of her children. The mother then questioned the counselors as to why there were so many bugs crawling on the walls. Gina then asked the mother if she would be willing to go to the hospital for a day or two in order to get her medications regulated. The mother refused. Gina chose to have the mother involuntarily committed as her mania and delusions provided that she could be of harm not only to herself but to her minor children as well (Corey, Corey, Callanan, 2007). While issues involving ethics often seems to center around the function and professional abilities of the counselor, they also come from the client (Pope Vasquez, 2007). Some clients are very concerned over the issues of confidentiality. This can lead both the counselor and the client to a dead end if the client does not trust the counselor enough to support his or her privacy. Some clients will test the ethical boundaries of the counselor as a means for determining the level of trust to be bestowed on the counselor. This is especially true in the ethical dilemma faced by Chase. In Gina’s case, she was faced with the issue of protecting the physical and mental well-being of her clients, the entire family. Involuntary commitment is usually a last PSYCHOLOGY 5 resort for counselors who are trying to help their clients. In rare instances, some clients will hinder the counselor with unwelcomed sexual advances. Counselors like Gina and Chase received much training from their respected secondary educational institutions of learning. This training and education was furthered during their graduate studies. Both counselors, however, explain that face-to-face experience is sometimes the best educator. It has been suggested that when an ethical dilemma is difficult to resolve, the best and most absolute measure to take is to consult with a supervising colleague. Other professional colleagues in the field may have already encountered a similar situation or know of someone that was involved in a similar dilemma (Kottler Shepard, 2007). Ethical dilemmas will continue to plague and confuse psychiatric professionals. Clients will invariably continue raising ethical questions whether deliberately or unknowingly. Organizations like the American Counseling Association have attempted to define and outline a specific list of possible problems with possible solutions. Experience combined with education and training offer recourse to counselors whose dilemma may be more difficult to resolve than referring to the currently endorsed code of ethics. In the meantime, counselors will dutifully stand by their clientele and support their mental well-being, which is ultimately the most important ethic of all. References American Counseling Association (ACA). (2005). Ethics. Retrieved from http://www. counseling. org/Resources/CodeOfEthics/TP/Home/CT2. aspx Corey, G. , Corey, M. , Callanan, P. (2007). Issues and ethics in the helping profession (7th ed. ). Belmont, CA: Cengage Learning. Hecker, L. , Wetchler, J. (2003). An introduction to marriage and family therapy. Binghamton, NY: Haworth Clinical Practice Press. Kottler, J. , Shepard, D. (2007). Introduction to counseling: voices from the field (6th ed. ). Belmont, CA: Cengage Learning. Leong, F. (2008). Encyclopedia of counseling. Thousand Oaks, CA: SAGE Publications, Inc. Pope, K. , Vasquez, M. (2007). Ethics in psychotherapy and counseling: a practical guide (3rd ed. ). San Francisco, CA: Jossey-Bass. How to cite Counselor Interviews, Papers

Understand person centred approaches in adult social care settings free essay sample

These are new groups that bring people from different organisations and from the wider community together. We will write a custom essay sample on Understand person centred approaches in adult social care settings or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Their job is to work to put Valuing People into action locally. People with learning disabilities and carers will be members of the Board. The Partnership Boards will be a way of helping people to work better together. They will be a place where people share important decisions about how services are planned and run. They will make decisions about how money will be spent on services for people with learning disabilities That means they will have to think about: How services are planned How services are managed How services are run As well as how people who work in services do their job. People with learning disabilities say that they want to live an ordinary life in their communities. Person centred planning can help Partnership Boards make this happen. What are Learning Disability Partnership Boards? These are new groups that bring people from different organisations and from the wider community together. Their job is to work to put Valuing People into action locally. People with learning disabilities and carers will be members of the Board. The Partnership Boards will be a way of helping people to work better together. They will be a place where people share important decisions about how services are planned and run. They will make decisions about how money will be spent on services for people with learning disabilities That means they will have to think about: How services are planned How services are managed How services are run As well as how people who work in services do their job. People with learning disabilities say that they want to live an ordinary life in their communities. Person centred planning can help Partnership Boards make this happen. What are Learning Disability Partnership Boards? These are new groups that bring people from different organisations and from the wider community together. Their job is to work to put Valuing People into action locally. People with learning disabilities and carers will be members of the Board. The Partnership Boards will be a way of helping people to work better together. They will be a place where people share important decisions about how services are planned and run. They will make decisions about how money will be spent on services for people with learning disabilities That means they will have to think about: How services are planned How services are managed How services are run As well as how people who work in services do their job. People with learning disabilities say that they want to live an ordinary life in their communities. Person centred planning can help Partnership Boards make this happen. What are Learning Disability Partnership Boards? These are new groups that bring people from different organisations and from the wider community together. Their job is to work to put Valuing People into action locally. People with learning disabilities and carers will be members of the Board. The Partnership Boards will be a way of helping people to work better together. They will be a place where people share important decisions about how services are planned and run. They will make decisions about how money will be spent on services for people with learning disabilities That means they will have to think about: How services are planned How services are managed How services are run As well as how people who work in services do their job. People with learning disabilities say that they want to live an ordinary life in their communities. Person centred planning can help Partnership Boards make this happen. What are Learning Disability Partnership Boards? These are new groups that bring people from different organisations and from the wider community together. Their job is to work to put Valuing People into action locally. People with learning disabilities and carers will be members of the Board. The Partnership Boards will be a way of helping people to work better together. They will be a place where people share important decisions about how services are planned and run. They will make decisions about how money will be spent on services for people with learning disabilities That means they will have to think about: How services are planned How services are managed How services are run As well as how people who work in services do their job. People with learning disabilities say that they want to live an ordinary life in their communities. Person centred planning can help Partnership Boards make this happen. What are Learning Disability Partnership Boards? These are new groups that bring people from different organisations and from the wider community together. Their job is to work to put Valuing People into action locally. People with learning disabilities and carers will be members of the Board. The Partnership Boards will be a way of helping people to work better together. They will be a place where people share important decisions about how services are planned and run. They will make decisions about how money will be spent on services for people with learning disabilities That means they will have to think about: How services are planned How services are managed How services are run As well as how people who work in services do their job. People with learning disabilities say that they want to live an ordinary life in their communities. Person centred planning can help Partnership Boards make this happen. Learning disabilities Planning With People Accessible Guide Person centred planning is about being in charge of what happens in my life and getting people I want and trust to help me make things happen Self Advocate Introduction About person centred planning What are person centred approaches? What about people who need more support? Who is person centred planning for? What should different people do? Making it happen Important things to remember.. How will we know if person centred planning is happening? Person centred planning has five key features Glossary what some of the hard words mean This Guide Introduction This guide has been written to help Learning Disability Partnership Boards think about how to develop person centred planning. This is something that Boards have to do as part of the White Paper, Valuing People. This guide does not tell you how to do person centred planning. It will help Partnership Boards decide what needs to be done to make sure that the objectives in Valuing People really do happen in a way that puts people with learning disabilities first. What are Learning Disability Partnership Boards? These are new groups that bring people from different organisations and from the wider community together. Their job is to work to put Valuing People into action locally. People with learning disabilities and carers will be members of the Board. The Partnership Boards will be a way of helping people to work better together. They will be a place where people share important decisions about how services are planned and run. They will make decisions about how money will be spent on services for people with learning disabilities That means they will have to think about: How services are planned How services are managed How services are run As well as how people who work in services do their job. People with learning disabilities say that they want to live an ordinary life in their communities. Person centred planning can help Partnership Boards make this happen. I Want..

AnnouncingAccepted - The PrepScholar College Admissions Podcast

AnnouncingAccepted - The PrepScholar College Admissions Podcast SAT / ACT Prep Online Guides and Tips If you love our strategy guides, we have great news: PrepScholar is launching a college admissions podcast! It's hosted by PrepScholar co-founder and Harvard grad Allen Cheng and writer Melissa Brinks. Download our podcast now at iTunes, Spotify, Stitcher, Google Play, and Libsyn (or wherever you get your podcasts). In our first season, which will be ten episodes long, we’ll be covering the foundations of a strong college application- how to make a college list, what SAT/ACT score is high enough, and how to maintain a good GPA with strong coursework throughout high school. Our goal in the podcast is to have an engaging conversation about college applications, in ways that are more approachable than our world-famous online strategy guides. Better yet, we’ll be taking real questions from our listeners about each topic and answering them on the show itself. So if you've ever wanted your questions answered by PrepScholar co-founder Allen Cheng, submit your questions to podcast@prepscholar.com. Our first three episodes of Season 1 are already available through iTunes,Spotify, Stitcher,Google Play, andLibsyn. We’ll be releasing new episodes every two weeks, with new questions from students like you every episode. Enjoy, and send us your burning questions!

6 Steps to Writing a Great Thank You Note

6 Steps to Writing a Great Thank You Note All interviews should be followed up with a thank you note, no matter how well- or badly- it went. If the interviewer was the long-lost fraternity brother of your dreams, he gets a thank you note. If he was the stone-faced gatekeeper of your worst case scenario, he gets a thank you note. It’s just good form, as Emily Post would surely agree. Why do it? Even if you don’t get the job, a little formal graciousness goes a long way. It could keep you on the â€Å"good† list for future openings. Also, doing it as an automatic routine after every interview means you don’t have to think too much about it.Here are 6 steps to writing a great thank you note:1. Know the players.If you met with just one person, this is easy-peasy. If you met with a group, or you were handed off to multiple people like a well-dressed baton, it can be trickier. Try to get a business card from each person you talk to. If you forget, or that doesn’t work out for whatever reason, mak e sure you have at least one person’s contact info, or HR’s contact info.2. Decide how you want to send the note.Pretty much every part of the hiring process has gone digital, so in the interest of quickness and ease, it’s fine to email the person(s). Plus, it’s â€Å"green† and shows you know how to use resources efficiently, so†¦bonus!3. If necessary, reach out to get all the interviewers’ contact info.If you have gaps, it’s totally fine to reach out to your initial contact at the company. In the thank you letter to that person, you can add a brief note to say, â€Å"I’d love to reach out to Martha as well to say thank you, but I don’t have her email address. Could you please send that to me?†Note: if you’re doing this old school and sending paper letters instead of email, this step isn’t really necessary†¦You can address the envelope right to the person at the company’s mailing ad dress.4. Hit all the necessary points.There are a number of elements that the thank you note should include:The thanks: â€Å"Thank you for taking the time to meet with me this morning.†Brief reference to any small talk you had: â€Å"It’s always a pleasure to meet a fellow Cubs fan!†1-2 sentences that reiterate how awesome you are for this job: â€Å"Based on our conversation, I think this company has some interesting goals, and my sales acumen and leadership skills can really help you achieve them.†Leave the door open: â€Å"Please don’t hesitate to let me know if I can provide more information that will help you make your decision. I look forward to hearing from you.†A closing that is formal, but not stiffly so† (Think â€Å"Best,† â€Å"Regards,† or â€Å"Thanks again.† Nothing flowery and Victorian like â€Å"Ever so humbly yours.†)5. Check everything.For the love of all that is good and chocolate, proo fread every element: email address, name spellings, body text.6. Send it now.Seriously, same day. If you put it off, it could signal to the interviewer that hmm, maybe this isn’t your top priority. And it’s easy to get bogged down in daily stuff and say you’ll do it  tomorrow. Spoiler alert: you’ll probably forget or put it off  tomorrow  too, because human nature. Besides, you want to do it before the interview starts getting fuzzy around the edges in your memory.And then you’re done. Just a few minutes, taken right after the interview, can help establish you as the so-on-the-ball candidate. Plus, even if you don’t get the job, you’ve left a good impression, and you never know when that will come in handy.

Cataleya From The Film Columbiana Essay Example | Topics and Well Written Essays - 250 words

Cataleya From The Film Columbiana - Essay Example Fifteen years later, as a ground up young woman, she receives extensive training on fighting and defence tactics. She eventually t6racks them down and kills all of them, including their leader Sandoval. Cataleya exemplifies several of Campbell’s characteristics of a hero. Campbell states that a hero is somebody who something has been taken from him or her. To Cataleya, her parents, who meant everything to her, were brutally murdered and this was the basis of her revenge mission. A hero, according to Campbell (1988) performs a courageous act, either physical or spiritual. Cataleya, choosing to avenge her parents’ murder showed her act of courage. Despite the various discouragements from a number of people, she was determined to accomplish her mission. The revenge mission was not an easy one. Cataleya remained strong regardless of the challenges she met. At one point, when pursuing the murderers, she felt like giving up but remained strong and committed. Lord Luis Sandova l was a much-respected man in the drug world, and nobody ever thought of going against him. The police themselves had been unable to arrest him. However, Cataleya single handed killed him and his team. A hero's journey usually consists of a departure, a fulfilment, and a return. Cataleya left her home and went to her uncle in Chicago. She fulfilled her mission of revenge and returned to her home to live in peace. A hero also has to achieve something, and to her, the murder of Lord Luis Sandoval was her achievement.

It is an article for my experimental economy class to summary Essay - 1

It is an article for my experimental economy class to summary - Essay Example Economists and none-economists students were selected for the study. The study was done in form of an experiment that required decision making within a period of about 30 minutes. It required the division of $10 in multiples of $0.50 between two people; a proposer and a responder. The proposer was to propose the division and the responder to decide if the division was acceptable or not. From the study conducted by Carter John and Irons Michael it is noted that economists generally accept less from others and keep more to themselves as compared to the none-economists. When another variable that helps to identify freshman economists and freshman non- economists was added, the freshman economists were still found to hold to the perspective of accepting less from others and keeping more. Therefore economists are born and not man-made. A third variable was also added to differentiate between the senior economists and the senior none-economists. This was meant to bring out any effects on the behavior of the economists as a result of learning economics. There were no clear learning effects realized from the experiment. Therefore, learning does not change the behavior of economists. The freshman economist and the senior economist all held the same perspective: They accept less and keep more to themselves (Carter and Irons 173). It was also realized that the choice of economics major students to major in economics was strongly related to their behavior. It was also found out that the economists were not only skilled in self interest calculation as facilitated by their deductive reasoning needed to recognize and decide on opportunities for economic gain. Economists are better at the type of thought processes that are related to rationality. They were able to give good figure of what a responder should accept and what a proposer should propose so as to maximize their monetary wealth keeping in mind that their partners

The Importance Of Security In Distributed Systems Information Technology Essay

The Importance Of Security In Distributed Systems Information Technology Essay The total number of computer systems installed within any organization has been increasing at a phenomenal rate. The relative ease of installing and utilizing computer applications is a compelling reason for connecting computer systems together and distributing or sharing the work. These distributed systems allow you to take better advantage of the vast array of processing power now available. Distributed computing probably means many different things to many different people. To some, it means client or server, it is cooperative processing and to still other, its using a distributed database. Further explanations and definitions may be required to ensure that everyone has a common view and understanding of a distributed computing system. When referencing a distributed computing system, every user should be able to see the same thing. A distributed computing system is composed of system elements which are then distributed across different processing platforms connected by a network. In this paper, have 10.0 Section. Each of the section will describe. Section 2.0 is about Distributed System. Section 3.0 is about Threat of distributed System. Distributed System Security will describe in Section 4.0. The next Section 5.0 is about Distributed System Security Mechanism. Distributed System Security Architecture will describe on Section 6.0.We can know about Distributed System Requirements in Section 7.0. In Section 8.0, we can know Factors Affecting Distributed System Security. Contribution in the security, we can see on Section 9.0 and finally Section 10 concludes this paper. Distributed System Today, computers are not stand alone units. Several computers are being networked together to form large computer systems. Not only are computers being network, but they are being networked into large distributed systems where each individual computer, node if you will, can make use of the applications distributed throughout the system (Dobry Schanken, 1994). Study on the formal specification of authorization has become a major challenge in the current development of secure computing and IT systems (Yun, 2008). Figure 1. Authorization (Access control) in a distributed environment. Consider a distributed environment as shown in Figure 1, in which different users can access various resources through the network (Internet). Therefore, from the definition above, it indicates how an organization can benefit from using the distributed system as shown below: Resource sharing It is possible to use different types of hardware, software or data wherever in the system hence reduce unnecessary costs related with the tools. Also it supports resource sharing model that describes the way resources are provided, the way they are used as well as the way provider and users interact between each other. There are more benefits such as through search engines and computer based working were different information can be shared in inexpensive and easy way. Concurrency Several processes can take place at the same time while components access as well as update any of the shared resources including databases. The important thing is that concurrent updates must be coordinated in order to maintain integrity of the system. Openness It allows detailed interfaces of components to be published and supports the integration of new components with existing once. Scalability The system is capable of accommodating changes in case of increase number in of users and resources it should be able to respond faster. This can be done by adding a number of processors with high speed to the system. Therefore the architecture and implementation must be flexible enough to allow it. Fault tolerance Distributed systems are capable of operating correctly even if there maybe some defects within the system (internal errors) for the purpose of increasing system dependability within an organization o a business. 3.0 Threat of Distributed Systems There are different threats when distributed system is concerned, as any networked computer system can face it. It is important to implement countermeasures for all expected threats for the purpose of the system to remain constant and cost effective. Those threats can be distinguished depending on their interaction as follows below: Denial of service Involves attacks that affect the availability of information from the system to the user resulting to paralysation of the entire operation of an organization or part of activities depending on the attack. The use of resource control mechanism can help in solving the above problem by applying timing responses, sizing responses, and connection control. Also problem detection by timing latency in system can easily be done if there is a dramatic increase of latency then denial of service (DoS) can be detected as well as addressed. Information leakage Is one of the threats of computer system specifically distributed systems where sensitive information can easily be revealed to unauthorized users that results to lack of confidentiality. Unauthorized access This can occur due to the reason that the physical configuration is not strong enough to protect such threats from accessing the system (distributed system). This is known as inter process communication threats. There is a need to for an organization that is willing to implement access control system to keep in mind three things which are models, access control policies as well as mechanisms (Krause Tipton, 1998). Access control policies will enable organizations to be able to specify different ways that will lead to proper management of access to resources as well as information which are the valuable assets of an organization. Distributed System Security The objective of any security system is the ability to keep a secret. This is as true automated systems as much as it is for people. It is as important to keep the information secret when it is stored as well as when it sent over a network. A secure system is the one that can be trusted to keep secret, and important word is trusted. Trusts can be defined as a confident reliance on the integrity, honesty or justice of another. Trust refers to the ability of the application to perform actions with integrity and to perform its functions on a continuing basis. However, individuals, governments and institutions such as banks, hospitals and other commercial enterprise will only consign their secrets to a computer system if they can be absolutely certain of confidentiality (Randell Rushby, 2007). The security architecture incorporates elements to safeguard the confidentiality of information and ensure that all access to the computing resources is authorized and authenticated. Defined security architecture can be used to ensure the design of applications and systems will meet the required security objectives. The architecture will help guide decisions between systems and across platforms and ensure all of the systems meet a standard minimum level of security. Nevertheless, the security still has some problem. For example, the problems of maintaining security are compounded because the sharing of secrets is generally desired but only in a tightly controlled manner. In case, an individual can choose other individuals or groups with whom he wishes to share his private information (Randell Rushby, 2007). This sharing is called discretionary security because it is permitted at the discretion of the individual. The trusted portion of a secure system is normally identified with a small operating system nuclear. The name is a security kernel. It is the rest of the operating system and all applications and user programs belong to the un-trusted element. However, certain difficulties attend the use of such kernelized systems. In the part of the structure of all secure systems constructed or designed recently has been influenced by the concept of a reference monitor (Randell Rushby, 2007). A reference monitor is a small, inaccessible, reliable mechanism that controls the behavior of un-trusted system elements by mediating their references to such external entities as data and other un-trusted elements. Each access is checked against a record of the accesses that the security policy authorizes for that element. Distributed System Security Mechanism Cryptography The security of information transmitted from one node to another is questionable, therefore there is a need of using a proper method of transforming it into unreadable formats (secrets writing) through cryptography. The use of a single key or public key cryptographic algorithm which is suitable for protecting message content by hiding information carried by a packet during the transmission process. This can be accomplished using RSA or AES algorithms. Authentication protocol Provides a series of communication procedures between users of the system and the server for the purpose of securing the communication process. Access control mechanism This can be done using access control lists (ACL) that consists of a list related to an object that states all the subjects that can be allowed to access the object, as well as the rights to the object. ACL normally are implemented directly or as an approximation in recent Operating systems Distributed System Security Architecture The OSI Open system interconnection Reference model is often used to depict largely of distributed system architecture for it has the ability to describe various levels of service essential to support distributed transactions. Autonomous computer systems and their processes intercommunicate through the first four levels of OSI-RM. Middleware is considered as the bridge used to connect distributed applications across different physical locations, with different hardware platforms, network technologies, operating systems, as well as different programming languages In order to design, maintain and utilize the computational services offered by the distributed system, it is suitable to use abstraction of the distributed system physical architecture (Donnelly. 1979). The abstraction views the distributed system as a collection of processes that normally communicates with each other in the process. Processes communicate by passing messages; there if two processes communicate it means the communication is done over communication channels. 7.0 Distributed System Security Requirement There are many requirements of distributed system security that focus on the area of IT security criteria. That is the development of protection profiles. The protection profile is meant to describe requirements that must be met to achieve varying levels of security. These requirements presented component, categorized or relating to assurance. For example, trusted recovery is the components that refer to functions that respond to anticipated failures or discontinuity in operations (Dobry Schanken, 1994). Following a system failures the system must be able to recreate the Trusted Computing Base (TCB) secure states. Failure from which the system must be able to anticipate and securely recover include action that fail to complete because they detect exceptional conditions during their operations. The distributed system must be competent of recognizing failures in which of its components. This is because the overall TCB is a discontinuity in the protection provided by them. Another example is cryptography. The cryptography is a method of securing of information that has the components to establish the guidelines for using cryptography to secure the paths between nodes. Encryption and decryption performance of the system is the factor of the confidentiality and integrity of data communications .So, several different types of encryption may need to be used depending on the users environment. Although, there have several requirement of distributed system security such as trusted recovery, trusted path, security management and etc. They already have new concepts required to secure the connections between the various products that comprise the distributed system need to be included. A distributed system is one of the first implementations for be secure, must not only make use of traditional computer security concepts but have to utilize communication security concepts as well. Factors Affecting Distributed System Security There is a need to analyze and identify the factors as well as issues related to trustworthiness of services provided by distributed systems apart from network topology and node evaluation. These factors includes distributed system physical security environment, interactions between different security mechanisms and distributed system management structure, are very important and relevant compared to network topology and node evaluation levels. Below is more information concerning the factors mentioned above. Physical security There are some differences that occur in a distributed systems physical environment such as those that occurs due to the reason that the elements/components of a distributed system are located in different location which is the result of changes overtime in its environment. Jurisdiction authorities The wide spread heterogeneity in the physical security environment is the result of the process of administering a distributed system by multiple jurisdiction authorities due to the types of mechanisms supported. Interaction between security mechanisms In distributed system nodes are from different manufacturers, families of a single manufacturer, different versions which results into different security mechanism. In case stand-alone system or distributed systems that may be using different discretionary access control mechanisms are interconnected for the purpose of forming a single distributed system then it brings danger (Anderson. 1985). The interactions between different policies implanted in trusted subjects running in different nodes bring dangers to the system. Contribution The analysis presented in this paper was mention distributed system security that is a computer security architecture that provides a suite of functions including login, authentication, and access control in a distributed system to differ from other similar architectures. The distributed system security includes many applications that can help the system to protect to failure network. Therefore, this paper is suitable for individuals, governments and institutions such as banks, hospitals and other commercial enterprise that they would like to know the information of distributed system security. 10.0 Conclusion Distributed system security is fundamentally more complex than stand-alone system security. Current computer security concepts assume that trusts is assigned to a distributed system element on the basis of viewpoint. This security mechanism for distributed file systems solves many of the performance and security problems in existing systems today.

Partnership Case Law

PARTNERSHIP CASELAW | | This section of the website provides access to all cases summarised in the Partnership Law Updates which have been issued since January 2000 to date. Therefore this Archive operates as a guide to some of the interesting partnership cases decided in common law jurisdictions in recent years. Special thanks are due to Professor Dick Webb (Emeritus Professor of Law in the University of Auckland) for alerting me to many developments contained in this section and to Dr Keith Fletcher of the University of Queensland. PARTNERSHIP LAW CASESJanurary 2000_______________________Partnership by Holding outPlaintiffs instructed first-named defendant as their solicitor – Plaintiffs’ funds dissipated by the first-named defendant – First-named defendant’s wife also worked as a solicitor in the practice – Plaintiffs instructed the defendant as a result of their friendship with his wife – Husband and wife conducted themselves as partners in everything they did socially – Whether wife was a partner in the practice – Whether wife was liable as a partner by holding outPalter v Zeller and Lieberman (1997) 30 OR (3d) 796.In this case, the Court of Justice of Ontario considered both the allegation of a partnership between the two defendants, and the allegation that the second-named defendant had held herself out to be a partner with the first-named defendant. The first-named defendant, Zeller, had set up in practice as a lawyer and after his marriage to the second-named defendant, Lieberman, she joined him in practice. This fact was advertised by an announcement which was published by Zeller to the effect that Lieberman had â€Å"joined me in the practice of law†.There was no indication given in the firm’s stationery or business cards that they were partners in this practice. The plaintiffs had been friendly with Lieberman before she met Zeller and arising out of this friendship they instructed Zeller on a number of occasions. After Lieberman joined the practice, the plaintiffs entrusted their savings to Zeller and signed blank documents in connection with the use of the funds.When Zeller dissipated this money, the plaintiffs sought to make Lieberman jointly liable with Zeller for the loss on the grounds that either she was Zeller’s partner or that she had allowed herself to be held out as his partner under the Ontario equivalent of s 14(1) of he Partnership Act 1890. The plaintiffs’ sought to support their claim that the husband and wife were partners as a matter of law by the fact that the plaintiffs had a social relationship with both defendants and it was clear from this relationship that the defendants were partners in everything they did, in the sense that they treated each other as equals.In the work context, the plaintiffs claimed that the defendants were equals since they looked totally equal at work, having equal-sized offices. Wilkins J rejected t his claim out of hand since he could found not even a scintilla of evidence to support a finding of a partnership between the defendants. He noted that, although the plaintiffs presumed that the defendants were partners, the mere fact that lawyers may be married and behave in an equal social and marital relationship has no impact upon the question of whether they are partners as a matter of law.He held that what is important to this issue is how they conduct their business affairs together, not how they conduct their personal affairs. The plaintiffs’ second claim was that even if Lieberman was not a partner as a matter of law, she allowed herself to be held out as a partner in the firm and therefore should be liable under the Ontario equivalent of s 14(1) of the Partnership Act 1890 since the plaintiffs had relied on this fact. Again the plaintiffs supported their claim of a holding out by the fact that the defendants treated each other as equals in everything they did.The pl aintiffs alleged that they had relied on this holding out of partnership by virtue of the fact that they would not have entrusted all of their savings to Zeller and signed blank documents for him, were it not for his relationship with Lieberman, since this relationship gave Zeller a credibility in their eyes. Again, Wilkins J rejected this claim, finding that the plaintiffs belief that the defendants were partners was ill-founded since the defendant’s social activities was not sufficient to constitute a holding out by Lieberman of herself as a partner.He concluded that since Lieberman was Zeller’s employee as a matter of law and was also not liable as a partner by holding out, the case should proceeded against Zeller alone. _________________________Sharing of Profits by PartnersPartnership agreement – presumption of equality of sharing of profits – s 24 of the Partnership Act 1890 – attempt to vary this ratio without the express consent of all the partners. Joyce v Morrissey [1998] TLR 707.In this case, the English Court of Appeal considered a dispute between the four members of the rock band, The Smiths, regarding the sharing of the band’s profits. Since their inception, the four band members had carried on business as a partnership. In the High Court, it had been held that Joyce, the drummer in the band, was entitled to a quarter share of the profits since under s 24 of the Partnership Act 1890, partners are entitled to an equal share of the profits of the partnership, in the absence of any contrary agreement.The lead singer (Morrissey) and the lead guitarist (Johnny Marr) appealed the High Court decision on the basis that they were the prime movers behind the band and alleged that it had been understood that they would be entitled to 40% of the profits each, with 10% going to the drummer and bass guitarist. They supported their claim by the fact that the group’s accountants, Ossie Kilkenny & Co, had sent acco unts to Joyce showing this split of 40/40/10/10, yet Joyce had made no objection at that time.In the Court of Appeal, Waller LJ (Gibson and Thorpe LJJ, concurring) upheld the High Court’s decision that s 24(1) of the Partnership Act 1890 applied to the facts of the case and consequently that the four band-members were entitled to an equal share of the profits. He held that any change in this profit-sharing ratio could not be achieved by simply sending partnership accounts to one partner and assuming that his silence constituted his acceptance of the new terms.This was particularly so where, as in this case, the partner might not be expected to understand the accounts without some explanation. Waller LJ observed that Morrissey undoubtedly felt that because of the more major contribution which he and Johnnie Marr were making to the band, he ought to be able to dictate the terms on which the partnership continued. With considerable understatement, Waller LJ noted that Morrissey might not have appreciated certain fundamentals of partnership law. ________PARTNERSHIP LAW UPDATEMarch 2000___________________Expulsion of a PartnerExpulsion of two partners from a solicitors’ firm – One resolution passed at a partners’ meeting to expel both partners – Partner to be expelled not entitled to be present at meeting under terms of partnership agreement – Whether partner to be expelled entitled to notice of meeting – Whether two meetings or two resolutions required where there was an expulsion of two partners – Interpretation of the terms of a partnership agreement – Hanlon v Brookes (1997) 15 Australian Company Law Cases 1626.In this case, the Victorian Court of Appeal (Ormiston, Callaway and Batt, JJ) considered the expulsion of two partners from a law firm. Under the terms of the written partnership agreement, a special resolution (ie 75% of the votes) was sufficient to expel a partner and the partnership agreem ent contained a clause which provided that the singular included the plural and vice-versa. The agreement also provided that a partner could vote to expel his co-partner at his absolute discretion and the partner to be expelled was not entitled to be present at the meeting at which the decision was to be taken.However the partnership agreement also provided that a partner was entitled to at least seven days’ notice of a general meeting at which a special resolution was to be passed. The partners in the firm wished to expel Hanlon and Ross since Hanlon’s department, the Property and Probate Department, was not well run and on two occasions he had pocketed executor’s commissions for work done. In Ross’ case, he was the partner in charge of the Litigation Department but his psychological condition prevented him from making court appearances.At a meeting of the partners of the law firm, a single resolution was passed by over 75% of the partners to expel both Hanlon and Ross as partners in the firm. Neither Hanlon nor Ross were present at this meeting, nor had they been given notice of the meeting. Hanlon challenged his expulsion on the grounds that he was not given notice of the meeting. Interestingly, the Court of Appeal did not regard the failure of the partners to accord natural justice to Hanlon as a basis for invalidating the expulsion. Rather the court restricted its decision to the terms of the partnership agreement.It held that the expulsion clause in the partnership agreement was to be strictly interpreted. However, even with such an interpretation, it held that it under the express terms of the agreement, Hanlon was not entitled to be present at the meeting and therefore it concluded that he was not entitled to notice of that meeting or to vote at that meeting. The court also decided that by virtue of the clause which provided for the â€Å"singular to include the plural†, it was possible for more than one partner to be expelled at the one meeting by the passing of a special resolution.This case appears to be the first case in partnership law which confirms that two partners may be expelled by the one resolution. __ _____ Existence of a partnershipPartnership between a number of groups of people in a hotel – One of the groups was a sister and two brothers – Dispute between the sister and brothers regarding the distribution between the three of the profits of the hotel partnership – Whether the relationship between the three regarding their share in the hotel partnership was also a partnership – s 1(1) of the Partnership Act 1890 – Hitchins v Hitchins and Another (1998) NSW Lexis 2382; 47 NSWLR 35.In this case the plaintiff and her two brothers entered into a hotel partnership with a number of other individuals. The hotel property and business was jointly owned by all the hotel partners and the joint share of the three siblings in the hotel partnership was 18%. Th is share of the profit of the hotel partnership was paid to the three Hitchins jointly. A dispute arose amongst the three of them regarding the treatment of these co-owned profits.The plaintiff alleged that the hotel profits should have been divided equally between the three but she alleged that the first defendant had failed to do so. As part of her claim, she alleged that the relationship between the siblings in these co-owned profits, itself constituted a separate partnership between the three of them. As a partnership, she claimed that under partnership law, the three would be required to share these profits equally and that in addition she was entitled to an account of the dealings of this alleged partnership .In the Supreme Court of New South Wales, Bryson J considered s 1(1) of the Partnership Act 1891 (the equivalent of the Partnership Act 1890) which provides that partnership is â€Å"the relation which exists between persons carrying on business in common with a view of p rofit† , s 2(1) of the Partnership Act 1891 (which provides that co-ownership of property does not of itself create a partnership in the property so held) and s 2(2) of the Partnership Act 1890 (which provides that the sharing of gross returns does not of itself create a partnership whether or not the persons have a common interest in the property from which the returns are derived). Relying of these statutory provisions, Bryson J held that the activity of the three, namely investing in a share in the hotel partnership and receiving drawings from it, did not constitute the carrying on of a ‘business in common’. Instead he categorised this activity as simply an investment, since there were no elements of engaging in trade or a flow of transactions which amount to the carrying on of a business.He held that while the three Hitchins were clearly partners in the hotel partnership, they were not partners in a separate partnership of which the business was the joint owne rship of a share in the hotel partnership. Although there was no partnership between the three siblings, Bryson J was able to find for the plaintiff on the grounds that the relationship between the three was a fiduciary. He supported this conclusion on the grounds, inter alia, that they were in a close family relationship and that they were common members of the hotel partnership. On this basis, he relied on the equitable principle that ‘equality is equity’ to hold that the hotel profits should be distributed evenly between the three siblings and he therefore ordered that an account of the distribution of the hotel partnership profits should be taken. _______ _______Liability of partnersLiability of a partner for the actions of his co-partner – Co-partners settle with plaintiff – Action for contribution against concurrent wrongdoers of errant partner – Defence to contribution that co-partners were not originally liable under s 10 of the Partnership Act 1890 – Whether partners liable under s 10 for breach of constructive trust by co-partner -Dubai Aluminium Company Ltd v Salaam and Others [1998] TLR 543. In this case the chief executive of the plaintiff company had conspired with Salaam and his solicitor, Amhurst, to steal $50 million from the plaintiff by using a series of sham contracts.Amhurst was sued on the basis that he had knowingly assisted the chief executive to breach his fiduciary duty. The issue before the court was whether Amhurst’s partners in the law firm were also liable to the plaintiff for their partner’s actions under s 10 of the Partnership Act 1890. Section 10 provides that â€Å"[w]here, by any wrongful act or omission of any partner acting in the ordinary course of business of the firm, or with the authority of his co-partners, loss or injury is caused to any person not being a partner in the firm, or any penalty is incurred, the firm is liable therefor to the same extent as the part ner so acting or omitting to act. During the course of the trial against Amhurst, the partners in his firm had settled with the plaintiff for a payment of $10m. The present action concerned a contribution which these partners sought to this settlement from Salaam and the chief executive of the plaintiff company. However their defence to the action for a contribution was that the partners were not in fact liable to the plaintiff under s 10 of the Partnership Act 1890. This defence was grounded on the claim that Amhurst’s liability was for dishonest assistance which was a liability in constructive trust, while s 10 was concerned with liability in tort or by reason of agency. However in the English High Court,Rix J held that s 10 was expressed in the widest terms, referring to ‘any wrongful omission’ causing ‘loss or injury’ or in the incurring of a penalty. Accordingly, he held that the section extended beyond torts to wrongs such as in this case, acce ssory liability in equity and he therefore allowed the action for contribution. PARTNERSHIP LAW UPDATENovember 2000___________________Post-dissolution ProfitsDeparture of one partner from a law firm – Continuing partners carrying on business without a final settlement with former partner – Post-dissolution profits – Entitlement of former partner to a share of post-dissolution profits attributable to his share of the partnership assets – s 42 of the Partnership Act 1890 – Fry v Oddy [1998] VSCA 26.In this case, the continuing partners in a nine person law firm claimed that their former partner, Oddy, was not entitled to any of the firm’s post-dissolution profits under s 46 of the Partnership Act 1958, the Australian equivalent of s 42 of the Partnership Act 1890. Section 42 provides that where a partner leaves a firm and there is no settlement between him and the continuing partners, the former partner has a right to that share of the profits of the firm which have been made since his departure and which are attributable to his share of the partnership assets. The rationale for the rule is that it provides an incentive for the continuing partners to buy-out the former partner’s share rather than to leave it in the firm.In this case, the continuing partners argued that the post-dissolution profits in the law firm were attributable solely to the skill and exertions of the continuing partners, rather than to the use of Oddy’s share of the partnership assets. The Victoria Court of Appeal (Brooking, Ormiston and Callaway JJ) rejected this argument and held that, after deducting a notional salary for each of the continuing partners’ for their exertions in generating these profits, Oddy was entitled to one ninth of the post-dissolution profits. The court’s reasoning highlights that in determining what share, if any, of the post-dissolution profits are attributable to the former partner’s shar e of the partnership assets, each case depends on its own facts.In particular, in the context of modern professional partnerships, it is interesting to note Brooking J’s statement regarding the use of modern technology in those firms: â€Å"Now the pen has been replaced by the word processor, if not by voice recognition software. The new technology is used both for communication and for management of information and activities. With technological change, no large firm could now prosper without its computer on every desk, its giant photocopiers (themselves a source of revenue), its computer notebooks, its fax machines and answering machines, its mobile telephones and pagers, its dictation equipment, its video conferencing facilities. Its library will be to a considerable extent in electronic format. Its drafting will be done with the aid of artificial intelligence.Its requirements in terms of human resources will range from caterers to librarians. Outsourcing may be used. The firm will need a managing partner or general manager or office manager to carry the cares of the practice. It may be so large that some partners hardly know one another[†¦ ]All this makes the practice of at least the bigger legal firms resemble a manufacturing business, producing and selling at a profit a range of legal and at times related services. † On this basis, the Court of Appeal concluded that all the assets of the partnership contributed to its profits in the sense that they provided the apparatus which enabled the practice to be carried on.Accordingly, when the continuing partners had simply denied that any of the post-dissolution profits were attributable to the use of Oddy’s share of the assets and in particular since the continuing partners had not put forward any other basis for determining what share of the profits might be attributable to the use of Oddy’s share, the court concluded that Oddy was entitled to one ninth of these profits, after account had been taken of a notional salary of AUS$130,000 per partner for the continuing partners’ exertions in generating those profits. ________ _Liability of PartnersLiability of partners for wrong of co-partner – Sexual harassment of employee of partnership – s 10 of the Partnership Act 1890 – Proceedings Commissioner v Ali Hatem. [1999] 1 NZLR 305. In this case, one partner in a garage partnership, who was in charge of the firm’s staffing, was held to have been guilty of the sexual harassment of an employee of the firm. This cases examines the liability of the other partner in the firm for this sexual harassment.Section 13 of the Partnership Act 1908 (the New Zealand equivalent of s 10 of the Partnership Act 1890) provides that â€Å"[w]here, by any wrongful act or omission of any partner acting in the ordinary course of business of the firm, or with the authority of his co-partners, loss or injury is caused to any person not being a partne r in the firm, or any penalty is incurred, the firm is liable therefor to the same extent as the partner so acting or omitting to act. † The act of sexual harassment, which was a statutory tort under the Human Rights Commission Act 1977 in New Zealand, was not part of the ordinary course of business of a garage in a literal sense. However, it was held to be within the meaning of this term in the legal sense, since the partner was acting in the ordinary course of business when he performed this wrongful act. On this basis his co-partners were held liable for this tort.The words of Tipping J are instructive: â€Å"Although sexual harassment cannot be regarded as part of the ordinary course of the firm’s business, we are of the view that, when acting as he did, the perpetrator was acting in the ordinary course of the firm’s business. The first acts of sexual harassment occurred when he was interviewing one of the complainants for a job. There were numerous instance s of sexually loaded remarks[†¦ ]In this case, the perpetrator was doing something within the ordinary course of business of the firm, ie dealing with staff members in the work environment. In so doing, he committed the statutory tort of sexual harassment. He thereby did tortiously something which he was generally authorised to do. The firm is liable for his conduct. ______________________International PartnershipsBreach of duty of care owed by accountancy firm to plaintiff – Accountancy firm was member of national group of accountants throughout Australia – Whether other firms in that association were liable under partnership law to the plaintiff – Section 1(1) of the Partnership Act 1890 – Whether other members of the association were liable as partners by holding out – Section 14(1) of the Partnership Act 1890 – Duke Group Ltd (in liquidation) v Pilmer [1999] SASC 97. In this case, the plaintiff company was involved in a takeover of another company. As part of the takeover process, it commissioned the Australian accountancy firm of Nelson Wheeler (Perth), the first named defendants, to advise on the proposed price for the target company. It was established that this report was negligently prepared in overvaluing the share price of the target company.The plaintiff alleged that Nelson Wheeler Perth were part of a national partnership of which the fifth named defendants, a number of accountancy firms throughout Australia, were the other members. On this basis, the plaintiff alleged that the fifth named defendants were jointly liable with the first named defendants for the damage caused by the negligent valuation report. The relationship between Nelson Wheeler (Perth) and the other accountancy firms was that they were all members of Nelson Wheeler National. This was an association of accountancy firms throughout Australia, whereby all the member firms referred business to other member firms throughout Australia. In addition, Nelson Wheeler Perth and the other firms described themselves as a ‘national partnership’ and as a ‘national firm’ in their letterheads and advertising material.Nonetheless, the Supreme Court of South Australia (Doyle CJ, Duggan and Bleby JJ) held that the members of this national association did not in fact carry on business in common as required by s 1(1) of the Partnership Act 1891 (the equivalent of s 1(1) of the Partnership Act 1890). In particular, it was held that this association operated primarily as a means of referring business between firms in different parts of Australia. It did not thereby constitute the member firms partners with each other, since they all carried on practice in their locations and did not share fees or profits (except in a limited way in relation to work referred between them). The court also noted that the relationship of partnership cannot be created by persons simply stating that a partnership exists.The court noted that although there were substantial benefits to be gained by the association of the firms, crucially there was never any intention of deriving profits from any common business. Rather this association resembled a club, the intention being that the members would benefit by work referrals, sharing of client lists and the sharing of costs, but this was not an association where the members were carrying on business in common as required by the definition of partnership. The plaintiff also alleged that the fifth named defendants were liable on the basis of a holding out under s 14 of the Partnership Act 1891 (the equivalent of s 14 of the Partnership Act 1890).The Supreme Court of South Australia accepted that the members of Nelson Wheeler National allowed themselves to be generally represented as partners of each other. However, to establish partnership by estoppel, there must be a representation to the claimant that a particular person or persons is a partner. It is not sufficie nt for the plaintiff to simply rely on the fact that Nelson Wheeler indicated in its valuation report that it was a member of a national partnership. The court held that this was not a sufficient representation under s 14 since the persons purportedly held out, ie the fifth named defendants, were neither named or identified. On this basis, the court held that there was no liability on the fifth named defendants on the basis of holding out.PARTNERSHIP LAW UPDATEFebruary 2001___________Liability of firm for partner’s actsAuthority of a partner to bind his firm – Bare assurance by partner to third party that within the ordinary course of business – s 5 of the Partnership Act 1890 – Hirst v Etherington and Another [1999] TLR 546. In this case, Etherington, a partner in a law firm, was acting for the borrower of money from a bank. He gave an undertaking to the bank guaranteeing the loan. The bank’s solicitor requested and received confirmation from Ethe rington that this undertaking was given in the ordinary course of the business of the firm. When the loan was not paid by the client, the bank sued Etherington’s partner, as Etherington had been adjudicated bankrupt.Section 5 of the Partnership Act 1890 provides that â€Å"[e]very partner is an agent of the firm and his other partners for the purpose of the business of the partnership; and the acts of every partner who does any act for carrying on in the usual way business of the kind carried on by the firm of which he is a member bind the firm and his partners, unless the partner so acting has in fact no authority to act for the firm in the particular matter, and the person with whom he is dealing either knows that he has no authority, or does not believe him to be a partner. † The Court of Appeal held that it was not within the ordinary course of business of a solicitor, without more, to give a guarantee to a third party regarding a debt incurred by a client. The que stion under s 5 was whether a reasonably careful and competent lender would have concluded that there was an underlying transaction of a kind which was part of the usual business of a solicitor.It was not open to the lender to accept the bare assurance of the partner that the undertaking was within the ordinary course of business of the firm. Accordingly, Etherington’s partner was held not to be liable on the undertaking. ___________ _______Existence of a Partnership Parties agree to establish a partnership – Partnership business is then conducted through company – Action brought under s 205 of the Companies Act 1963 by plaintiff – Plaintiff also alleges that partnership exists as separate and anterior to shareholding in company – Partnership action brought by plaintiff against other two partners for injunction restraining dissipation of assets of partnership business and damages for breach of contract – Horgan v Murray and Milton High Court , unreported, 17 December 1999.This case concerned the long running dispute between three shareholders in Murray Consultants Limited. In addition to bringing an action against his two fellow shareholders under company law, the plaintiff brought a partnership action against them in which he sought an injunction restraining them from dissipating the assets of the business of the partnership and damages for breach of contract. His partnership action was based on the fact that when the parties initially decided to start a public relations business, it was agreed to establish a partnership. However, it was then agreed that the partnership business would be conducted through the medium of a company (Murray Consultants Limited).The relationship between the three broke down and in addition to seeking company law remedies, the plaintiff alleged that the three were in partnership together, a partnership which existed independently of and was anterior to the setting up of the company. The defe ndants denied that there was such a separate partnership and relied in part on s 1(2) of the Partnership Act 1890 which states that â€Å"the relation between members of any company or association which is registered as a company[†¦]is not a partnership within the meaning of this Act. † O’Sullivan J struck out the plaintiff’s statement of claim on the basis that the three parties agreed that their public relations business would be conducted through the medium of a company and this was entire of their relationship and there was no other relationship between the three which could constitute a partnership.He relied in part on the High Court judgment of Murphy J in Crindle Investments v Wymes [1998] 4 IR 567 at 576 that where it was held that â€Å"the undertaking was conceived and consciously promoted in the form of a company incorporated under the Companies Act, 1963, and it was the requirements of that legislation which governed the relationship between th e parties†. __________________Partnership PropertyPartnership property – Whether an asset could be partnership property if it is incapable of assignment – Section 20 of the Partnership Act 1890 – Don King Productions v Warren [1999] 2 All ER 218. In this case, the question arose as to whether the benefit of non-assignable choses in action could be transferred to a partnership.The action involved a partnership that was formed between the well-known boxing promoters Don King and Frank Warren for the promotion of boxing in Europe. Following a dispute between the parties the partnership was dissolved. However, their partnership agreement had provided that each was to assign to the partnership certain boxing promotion contracts to which they were separately a party. However, these contracts were promotion contracts that had been entered into by Don King and Frank Warren respectively with various boxers. Each of these contracts was for personal services and cont ained non-assignment provisions and therefore could not be assigned.In the English High Court ([1998] 2 All ER 608), Lightman J held that effect could be given to their agreement in equity as a declaration of trust of those contracts for the benefit of the partnership and in this way the contracts were held to be partnership property. Section 20 of the Partnership Act 1890 deals with partnership property and it provides that â€Å"[a]ll property and rights and rights and interests in property originally brought into the partnership stock or acquired, whether by purchase or otherwise, on account of the firm, or for the purposes and in the course of the partnership business, are called in this Act partnership property, and must be held and applied by the partners exclusively for the purposes of the partnership and in accordance with the partnership agreement. Frank Warren appealed on the grounds that the boxing promotion contracts were not property within the meaning of s 20 of the P artnership Act 1890 and even if they were, they could not be ‘brought into the partnership stock’ or â€Å"acquired[†¦]on account of the firm† so as to become partnership property within the terms of s 20. The Court of Appeal rejected this appeal and held that property which was not capable of assignment could still be partnership property for the purposes of s 20 of the Partnership Act 1890. In addition, Frank Warren had claimed that boxing promotion contracts concluded by him and Don King between the time of the dissolution and the winding up of the partnership were not partnership property. This argument was also rejected by the Court of Appeal, which held that such contracts were also to be held on trust for the partnership. __________Claim for court interest on sums owed to deceased partnerPartnership at will – Dissolution of partnership by the death of a partner – Claim for court interest on sums owing to the deceased partner’s est ate – Section 42 of the Partnership Act 1890 – Williams v Williams, English High Court, unrep, 16 July 1998. In this case a partnership at will existed between a father and his son. The partnership was automatically dissolved by the death of the father pursuant to the terms of s 33(1) of the Partnership Act 1890 (â€Å"Subject to any agreement between the partners, every partnership is dissolved as regards all the partners by the death or bankruptcy of any partner†. Under s 42 of the Partnership Act 1890, a deceased partner’s estate is entitled to that share of the firm’s post-dissolution profits which are attributable to the deceased’s share of the partnership assets or to interest at the rate of five per cent per annum on the amount of his share of the partnership assets since the dissolution. The father’s personal representative brought an action under s 42 of the Partnership Act 1890. However, he also sought court interest pursuan t to s 35A of the Supreme Court Act 1981. Maddocks J held that the claim for court interest could not properly be formulated since interest was already running at the rate of five per cent under s 42 of the Partnership Act 1890. He held that the sum which was found to be due to the estate should carry interest at the rate of five per cent per annum from the date of dissolution to the date of payment.PARTNERSHIP LAW UPDATEMay 2001: ________ ___ _______Liability of a Partnership for Partner’s ActionsLiability of a firm for the actions of a partner – Section 10 of the Partnership Act 1890 – Assault by a partner in law firm on another solicitor in precincts of courthouse and in the courtroom – Whether the first assault was within the ordinary course of business of the firm – Whether the second assault was within the ordinary course of business of the firm – Flynn v Robin Thompson & Partners and Wallen, The Times, 14 March 2000. This case involve d the application of the rules on the liability of a partner for the actions of his co-partner. Under s 10 of the Partnership Act 1890 a firm is liable for the acts or omissions of a partner that are committed in the ordinary course of business of the firm. The plaintiff, John Flynn, was a solicitor and he took an action against the law firm of Robin Thompson & Partners for damages as a result of an assault which he suffered.The facts were that Thomas Wallen was a solicitor and a partner in the firm of Robin Thompson & Partners and he was conducting litigation on behalf of a client of his firm. Representing the other litigant in the case was the plaintiff. The original case in which the two solicitors were involved became fairly heated, so much so that on the steps of the court there was a scuffle between them and there was an assault by Wallen on Flynn. Even more amazing was the fact that while Wallen was presenting his case to the court, it appears that Flynn tried to take papers from Wallen and it was alleged that Wallen assaulted Flynn in his attempt to prevent him taking his papers.Flynn took an action for damages against both Wallen and against his firm on the basis that the firm was liable for the actions of Wallen since they were committed during the ordinary course of business of the firm. The English Court of Appeal considered the two alleged assaults under s 10 of the Partnership Act 1890. As regards the assault in the precincts of the court, it was held that the assault by Wallen was so extraordinary and so far removed from the ordinary conduct of an advocate that it could not be within the ordinary course of business of the firm and therefore the firm was not liable under s 10 of the Partnership Act 1890 for this assault. As regards the minor scuffle in the court, the issue was less clear cut as to whether this was outside the ordinary course of business of the firm.However on procedural grounds (i. e. on the principle of ‘proportionalityâ⠂¬â„¢ under para 1. 3. 5 of the UK Civil Procedure Rules (October 1999)), it was held that this second assault should not go to trial. In an interesting article on this case in the Journal of Criminal Law (2000) at p 368 the argument is made in relation to the minor scuffle that all Wallen was doing was representing his firm’s interest and surely his co-partners would expect him not to allow the other side take his papers without a fight. On this basis it is argued in the article that the court should have held that the assault in the court was within the firm’s ordinary course of business. _______ ___ ____Joint and Several Guarantee by PartnersPartners in property development – One partner also had substantial personal debts to Bank – Bank obtained guarantee from partners for the repayment of loans to the Bank – Wording of guarantee was such that partners were guaranteeing both their joint obligations to the bank and their several obligations â₠¬â€œ AIB Group v Martin and another [2000] 2 All ER (Comm) 686. The first defendant, Mr Martin, was a property developer and the second defendant, Gold, was a dentist. They bought a number of rental properties in partnership together as an investment. Funding for the properties was obtained from the plaintiff bank. Mr Martin was also involved in a number of other property deals and he had a significant level of personal borrowings from the bank in respect of these other ventures.The Bank re-structured their financing to the partnership and as part to the restructuring, the Bank entered into a mortgage with Mr Martin and Mr Gold. This deed was between the Bank of the one part and Mr Martin and Mr Gold of the other part. Mr Martin and Mr Gold were defined in the deed as the ‘Mortgagor’ and the deed also provided that where the term ‘Mortgagor’ referred to more than one person, it was to be construed as referring to all and/or any of those persons and that the obligation of those persons was to be construed as joint and several. The deed went on to provide that the Mortgagor would, inter alia, pay all other indebtedness of the Mortgagor to the Bank.It became apparent that Mr Gold had signed this deed without appreciating that he was assuming liability for the personal debts of Mr Martin, as well as the debt owing by the partnership to the Bank. In the Court of Appeal, the claim that this deed should not be interpreted so as to make Mr Gold liable for the personal obligations of Mr Martin to the Bank was rejected unanimously, Sedley LJ noting that â€Å"if I could be persuaded that there was any intellectually respectable way of relieving Mr Gold of the liability with which he has been burdened, I would at least have to hear†¦why we should not adopt it†¦.. With regret, I agree that this appeal has to fail. ________ ____Post –dissolution claims between Partners Lease held by partners in trust for partnership – Inde mnity from all the partners in favour of trustees – Partnership dissolved – Action by trustees against partner for rent under terms of indemnity – Whether this debt could be set-off against amounts which might be owed to partner once partnership account on dissolution had been taken. Hurst v Bryk and others [2000] 2 WLR 740. The plaintiff, Hurst, was a partner in a firm of solicitors. The firm carried on business from leasehold premises held by four partners as trustees for the partnership. The partnership deed provided that the trustees were entitled to an indemnity from the partnership in respect of their liability for rent under the lease. In 1990 the partnership was dissolved but the premises were not disposed of until 2000.In 1997 the trustees of the lease served a statutory demand on Hurst for his share of the rent under the indemnity. At this stage, although the partnership had long since been dissolved, the partnership accounts had not yet been finalised between the former partners. On this basis, Hurst sought to set aside the statutory demand under the United Kingdom’s Insolvency Rules 1986 (r 6. 5(4)(a)). He claimed that the statutory demand should be set aside since he had a counterclaim which would exceed the amount of the statutory demand. In the High Court, Ferris J dismissed Hurst’s claim on the grounds that it was unlikely that on the taking of the full partnership accounts it would be found that a balance was due to Hurst.Ferris J also held that the trustees' claim against Hurst was under the indemnity and not in their capacity as partners so that his claim against them as trustees lacked the necessary mutuality for a counterclaim or cross-demand. Hurst appealed. The appeal was dismissed by the Court of Appeal. It was held that until the final partnership account was drawn up it could not be said that there would or might be a balance in favour of the plaintiff which would be due from the trustees as partners . In addition, there was no prospect of the account being taken in the foreseeable future, if at all, and accordingly there was no triable issue resulting from the plaintiff's cross-demand which would justify setting aside the demand. In addition, the Court of Appeal considered the mutuality issue.It held that mutuality was lacking because the debt on which the statutory demand was based was one to which the trustees alone were entitled whereas the proposed cross-claim would be against all the partners jointly. _________December 2001________ ______Breach of Constructive Trust by PartnerLiability of a partner for the actions of his co-partner – Co-partners settle with plaintiff – Action for contribution against concurrent wrongdoers of errant partner – Defence to contribution that co-partners were not originally liable under s 10 of the Partnership Act 1890 – Whether partners liable under s 10 for breach of constructive trust by co-partner -Dubai Aluminium Company Ltd v Salaam and Others [2000] 3 WLR 910.In this case the chief executive of the plaintiff company had conspired with Salaam and his solicitor, Amhurst, to steal $50 million from the plaintiff by using a series of sham contracts. Amhurst was sued on the basis that he had knowingly assisted the chief executive to breach his fiduciary duty. The issue before the court was whether Amhurst’s partners in the law firm were also liable to the plaintiff for their partner’s actions under s 10 of the Partnership Act 1890. Section 10 provides that â€Å"[w]here, by any wrongful act or omission of any partner acting in the ordinary course of business of the firm, or with the authority of his co-partners, loss or injury is caused to any person not being a partner in the firm, or any penalty is incurred, the firm is liable therefor to the same extent as the partner so acting or mitting to act. † During the course of the trial against Amhurst, the partners in his firm had settled with the plaintiff for a payment of $10m. The present action concerned a contribution which these partners sought to this settlement from Salaam and the chief executive of the plaintiff company. However their defence to the action for a contribution was that the partners were not in fact liable to the plaintiff under s 10 of the Partnership Act 1890. This defence was grounded on the claim that Amhurst’s liability was for dishonest assistance which was a liability in constructive trust, while s 10 was concerned with liability in tort or by reason of agency.In the English High Court, Rix J held that s 10 was expressed in the widest terms, referring to ‘any wrongful omission’ causing ‘loss or injury’ or in the incurring of a penalty. Accordingly, he held that the section extended beyond torts to wrongs such as in this case, accessory liability in equity and he therefore allowed the action for contribution. This judgment was appealed to the C ourt of Appeal where it was reversed. The Court of Appeal agreed with Rix J that s 10 of the Partnership Act 1890 extended to all wrongs and not just torts. However, on the facts of the case, the court held that the actions of Amhurst were not ‘within the ordinary course of business’ of the firm and therefore the partners in the firm were not liable therefor.Mr Amhurst had taken a very active part in planning and instigating a dishonest scheme whereby the plaintiff company would be defrauded of large sums of money, including drafting sham agreements. The Court of Appeal held that there was no evidence to suggest that Amhurst’s partners authorised him to act as he did and as it was not part of the ordinary business of a firm to plan and draft sham agreements, these actions were not binding on the firm. Evans LJ argued that as vicarious liability under s 13 of the Partnership Act 1890 requires notice on the part of the partners in question, it would be anomalous if a partner was to be vicariously liable for the accessory liability of a partner who was a constructive trustee for giving knowing assistance to a breach of trust or fiduciary duty where there is no notice.The result would have been different according to Evans LJ if the firm’s clients had not been involved in the breach of fiduciary duty in question. Aldous LJ held that if Amhurst’s involvement had been restricted to drafting agreements, his actions would have been within the ordinary course of business of the firm. However, his role was to plan, draft and sign sham agreements which were known to be dishonest and this was not within the ordinary course of business of a firm. The participants in the scam were not his clients or clients of the firm. These wrongdoers could not have believed that Mr Amhurst was acting with the apparent authority of his partners, because they knew him to be acting dishonestly.On this basis the Court of Appeal held that the ‘innocentà ¢â‚¬â„¢ partners would not have been held liable to the plaintiff for Mr Amhurst’s actions and therefore they were not entitled to claim a contribution from the Salaam and the chief executive in respect of the sum which they had paid in settlement of the plaintiff’s claim against them for vicarious liability for the actions of Mr Amhurst. _____________ _____Breach of Trust by PartnerBreach of trust by a partner – Solicitors’ partnership – Liability of firm for breach – Whether partner acting in the ‘ordinary course of business’ – Wwhether firm liable – Section 10 of the Partnership Act 1890 – Walker and others v Stones and others [2000] 4 All ER 412. This case involved an action for breach of trust against Mr Stones, a trustee. Unlike the case of Dubai Aluminium Co Ltd v Salaam [2000] 3 WLR 910, this case did not involve a constructive trust, but rather a situation where a partner in a law firm agreed to bec ome a trustee of a family trust.When this partner allegedly breached this trust by benefiting the father who set up the trust, rather than the beneficiaries of the trust,, the issue arose as to whether his partners were vicariously liable for the alleged breach of trust. In the Court of Appeal, Sir Christopher Slade considered sections 10-13 of the Partnership Act 1890 as they apply to breaches of trust. On the one hand, s 10 of the Partnership Act 1890 provides that a firm is liable for the wrongs committed by a partner in the ordinary course of business of the firm, while on the other hand s 13 of the Partnership Act 1890 deals with breaches of trust by a partner. This latter section provides that where a partner is a trustee, liability does not attach to his co-partners if there is a breach of trust unless the co-partners have notice of the breach of trust.On this basis, Sir Christopher Slade concluded that s 13 deals with a situation where a partner agrees to be a trustee (a tru stee partner) while s 10 would apply to a situation where a partner, not already being a trustee, conducts himself as an accessory to a breach of trust so as to constitute himself a constructive trustee. Section 13 assumes that the individual trusteeship which a partner undertakes is not something undertaken in the ordinary course of business of the firm, since otherwise it would be inconsistent with s 11 (which provides for the firm to be liable where there is a misapplication of property received by a firm or a partner where the property is received within the ordinary course of business of the firm. He thus concluded that s 10 had no application to breaches of trust committed by a partner, who agrees to be a partner (a trustee partner) since the legislature assumed in drafting the Partnership Act 1890 that breaches of trust committed by a trustee partner fell outside the ordinary business of a partnership and therefore did not give rise to liability on the part of the firm, under s 10. He observed that sections 10-13 of the Partnership Act 1890 applied to all partnerships, and not just solicitors’ partnerships, and for this reason one should not be surprised that individual trusteeship by a partner was not within the ordinary course of business of a firm. On this basis, he held that the innocent partners in the law firm could not be vicariously liable for the alleged breach of trust by Mr Stones under s 10 nor under s 13, since the innocent partners were not aware of the alleged breach. __ ______Duty of Care between PartnersNegligence by partner in law firm causing loss to client – Also causes financial loss to his co-partners since they are liable to pay excess on insurance policy – Whether negligent partner owes duty of care to his co-partners – Ross Harper & Murphy v Banks Outer House, Court of Session, Scotland, unrep, 11 May 2000. The defendant had been a partner in the plaintiff firm. He had negligently advised a client of the firm in relation to a conveyancing transaction and the firm had been successfully sued by the client for the damages caused by this negligence. The firm’s insurance policy covered the firm’s liability in this regard, save for the excess of ? 20,000 which had to be paid by the partners in the firm. The partners in the plaintiff firm now wished to recover this excess from the defendant partner.They claimed that they were owed a duty by the defendant that he would exercise reasonable care in his duties as a partner so as not to expose the partnership to claims for professional negligence, which he had breached by not examining the title of the property in this case with sufficient care. In view of the limited authority on this area, this was an important judgment by Lord Hamilton. He concluded that a â€Å"partner may in certain circumstances be liable in damages to his firm (and secondarily to his co-partners) for loss sustained by reason of liability incurred to a third party and these circumstances are not restricted to those where the offending partner has been responsible for fraudulent or illegal activity; the duty extends, in my view, to a duty of care†¦. In the absence of clear and binding authority I favour a standard which requires the exercise of reasonable care in all the relevant circumstances.Those circumstances will include recognition that the relationship is one of partnership (which may import some mutual tolerance of error), the nature of the particular business conducted by that partnership (including any risks or hazards attendant on it) and any practices adopted by that partnership in the conduct of that business†¦. In respect of liabilities incurred by the firm to a third party, it is, however, important to notice that breach of a duty of reasonable care to the third party will not of itself import a breach by the â€Å"delinquent† partner of his obligation to the firm. † For this reason, the court held that the issue should be put out for a hearing by order on further procedure. | |