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Thursday, August 27, 2020
Preventing Falls in the Elderly Free Essays
Forestalling Falls in the Elderly Natalie StJohn University of Arkansas Community College at Batesville As human services turns out to be increasingly refined and better, different concerns are beginning to surface. Such interests that began as insignificant irritations are currently turning into the point of convergence of contribution that intends to address and improve the government assistance of people. One such clinical concern is the marvel of falls, particularly with the more established populace. We will compose a custom exposition test on Forestalling Falls in the Elderly or then again any comparative subject just for you Request Now Falling in older people is a noteworthy, yet under-perceived and thought little of general wellbeing concern (Woolcott et al. , 2009). About 30% of individuals more than 65 years of age and living in their particular networks fall every year, with such figures much higher in wellbeing organizations and about a fifth of such episodes requires clinical consideration (Gillespie, Gillespie, Robertson, Lamb, Cumming, Rowe, 2009). In a one year follow-up investigation of people matured 75 years or more living in the network, around 33% revealed at any rate one occurrence of fall (Tinetti, Speechley, Ginter, 1988), with a higher yearly fall danger of up to half, happened in the most established populace or with the people living in nursing homes, with the results of wounds and breaks on account of falls (like mortality, hospitalization, handicap and organization) ascend likewise with the age (Berdot et al. , 2009). The evaluated costs related with falls and fall-related confusions are at billions of dollars around the world (Scuffham, Chaplin, Legood, 2003; Lewin Group, 2000; Smartrisk Foundation, 2009). Subsequently, research with respect to the elements why senior individuals fall turns into even more essential (Woolcott et al. , 2009). There are a few reasons why individuals fall. Fall chance is multifactoral in nature, with hazard factors being characteristic and outward (Graafmans et al. , 1996). The most widely recognized reasons are uncontrolled hypertension, orthostatic hypotension, and use or wrong utilization of specific prescriptions (Gangavati et al. 2011); Woolcott et al. , 2009; Berdot et al. , 2009). Concerning hypertension and systolic orthostatic hypertension, more established people experiencing such conditions are at more serious hazard for falls inside a year (Gangavatti et al. , 2011). The investigation likewise noticed that more seasoned patients with their hypertension co ntrolled have no impact concerning falls (Gangavatti et al. , 2011). The more established populaces with an expansion utilization of antidepressants, benzodiazepines, hypnotics, and narcotics have a bigger and increment odds of falls with old people (Woolcott et al. 2009). This stamped increment is generally because of the durable impacts of benzodiazepines just as unseemly psychotropics, and since these drugs have anticholinergic properties (Berdot et al. , 2009). There are a few different ways to relieve, diminish, or even forestall the odds of the senior populace from falling. Mediations with multidisciplinary properties are demonstrated compelling in limiting fall occurrences, just as muscle fortifying parity retraining endorsed at home and helped by a prepared wellbeing proficient (Gillespie et al. 2009). Judo is additionally another powerful elective mediation for relieving falls (Gillespie et al. , 2009). For those with a background marked by falling, home peril evaluation an d change by a human services proficient could likewise limit odds of falls (Gillespie et al. , 2009). Cardiovascular pacing for people with high danger of falls due to cardio-inhibitory carotid sinus extreme touchiness additionally has a high possibility of being useful, just like the withdrawal of psychotropic drugs (Gillespie et al. , 2009). Studies have likewise indicated that exclusively customized mediations conveyed by medicinal services experts are more successful than standard or gathering conveyed programs (Gillespie et al. , 2009). Falls is an exceptionally preventable, yet still profoundly predominant reason for injury and even mortality with the old. The previously mentioned mediations could help in limiting its hindering impacts. Reference: Berdot, S. , Bertrand, M. , Dartigues, J. F. , Fourrier, A. , Tavernier, B. , Ritchie, K. , Alperovitch, A. , (2009). Wrong Medication Use and Risk of Falls-A Prospective Study in a Large Community-Dwelling Elderly Cohort. BMC Geriatrics, 9(30). doi:10. 1186/1471-2318-9-30. Lewin Group (2000). Evaluated investment funds from falls forestalled by focused home adjustments. Washington, DC: AARP Public Policy Institute. Gangavati, A. , Hajjar, I. , Quach, L. , Jones, R. , Kiely, D. , Gagnon, P. , Lipsitz, L. (2011). Hypertension, Orthostatic Hypotension, and the Risk of Falls in a Community-Dwelling Elderly Population: The Maintenance of Balance, Independent Living, Intellect, and Zest in the Elderly of Boston Study. Diary of American Geriatric Society, 59(3), 383-389. doi:â â 10. 1111/j. 1532-5415. 2011. 03317. x Gillespie, L. D. , Gillespie, W. J. , Robertson, M. C. , Lamb, S. E. , Cumming, R. G. , Rowe, B. H. (2009). Mediations for forestalling falls in old individuals. Cochrane Database of Systematic Reviews, (4). DOI:à 10. 1002/14651858. CD000340. Graafmans,à WC. , Ooms,à M. E. , Hofstee, H. M. , Bezemer,à P. D. , Bouter,à L. M. , Lips, P. (1996). Falls in the old: an imminent investigation of hazard factors and hazard profiles. American Journal of Epidemiology, 143(11), 1129-à 1136. Scuffham P. , Chaplin,à S. , Legood,à R. (2003). Occurrence and expenses of inadvertent falls in more established individuals in the United Kingdom. Diary of Epidemiology and Community Health, 57(9) 740-à 744. Smartrisk Foundation. 2009). The Economic Burden of Unintentional Injury in Canada. Smartrisk Foundation Website. Recovered from http://www. smartrisk. ca/scientists/economic_burden_studies/canada. html. Gotten to October 20, 2012. Tinetti ME, Speechley M, Ginter SF, (1988). Hazard Factors for Falls among Elderly Persons Living in the Community. New England Journal of Medicine,â 319,1701-1707. Woolcot, J. , Richardson, K. , Wiens, M. , Patel, B. , Marin, J. , Khan, K. , Marra, C. (2009). Meta-investigation of the effect of 9 Medication Classes on Falls in Elderly Persons. Documents of Internal Medicine, 169(21), 1952-1960. doi:10. 1001/archinternmed. 2009. 357. Instructions to refer to Preventing Falls in the Elderly, Essay models
Saturday, August 22, 2020
The Wanderer: Life in a Transient World Essay -- Poem Poetry Wanderer
The Wanderer: Life in a Transient World Upon their attack of England, the Anglo-Saxons conveyed with them a convention of oral verse. The enduring section, which was every now and again interpreted and saved in religious communities makes up the collection of work currently alluded to as Old English Poetry. The Wanderer, an unknown sonnet of the eighth or ninth century, reflects verifiable Anglo-Saxon life just as the impact of Christianity during the period. Since both Christian and Anglo-Saxon chivalrous components exist in The Wanderer, there is cause for examination of the basic and literary solidarity of the sonnet. At first, it may create the impression that these components are acquainted with differentiate each other trying to show irregularity by differentiating common and strict sections so as to show confusion between the two as core values. Be that as it may, further printed investigation shows that these irregularities don't exist. The reason for situating the two one next to the other is to represent a differentiation in topic between the death of this world and the immutability and security of the magnificent realm. The content of The Wanderer is organized to include two separate timeframes, which certainly uncovers the differentiating topics. The initial segment of the work portrays the encounters of a desolate warrior who has lost his ruler and kinfolk to fight. In any case, the creator is reflecting upon these encounters as they happened previously. The position that the Wanderer had taken up is summed up right off the bat in the sonnet as an outsider looking in: So talked the earth-walker, recalling hardships, savage war-butchers the fall of dear brother (69). This reference to an outcast drifter sums up his own circumstance, which he creates in the accompanying entries. Basically, t... ...70). Further, he recognizes that these things are intended to go as all things do as he moves toward a definitive truth of the natural world, this natural home will be purged (70). Not a single solace is in sight in a world were everything will reach a conclusion as one advances through a momentary life. The motivation behind showing natural reality as transient is to balance it with the topic of a wonderful realm. As the sonnet closes, the Wanderer takes note of that there is, comfort from the Father in paradise, where all dependability dwells (70). The core of Anglo-Saxon life will go for all as it accomplished for the Wanderer. Solace isn't to be found in that transient world, yet on the planet past, through security in the radiant realm. Works Cited The Wanderer. The Norton Anthology of English Literature. Ed. M.H. Abrams. sixth _ed. New York: Norton, 1993. 68-70.
Friday, August 21, 2020
Global Regents Thematic Essay Topics - Introducing Topic Creation
Global Regents Thematic Essay Topics - Introducing Topic CreationGlobal Regents Thematic Essay topics help you keep current on the topics that are important to you and your audience. While an essay can be interesting in itself, it can be even more engaging when it takes a look at current trends in the world around us. For this reason, some professors suggest teaching an essay themed around a topical essay topic rather than an entire course.Research is a great investment. It can help you succeed more than you think. But when you want to succeed, be careful what information you present in your own essays, reports, or talks. Especially if it could be seen as biased.Good professors use their own experiences to guide their students through the maze of modern life. In this regard, they can turn to research to tell them about the state of the world around them. During your Global Regents Thematic Essay topics, you may also learn about the world's political trends, how scientists define soci al issues, and the impact of globalisation on families. Your choice of topics should reflect your own experiences. So no matter where you are in your career, a global professor might provide you with useful background information about the ideas of the day.Whether you want to do a course or a full-length report, the great thing about global Regents' essay topics is that you can create one to suit your requirements. You can be very specific about what you are looking for, or you can let your imagination go wild. You'll find many themes for your essay.A big part of global Regents thematic essay topics is examining those who are more influential than others. It can include such subjects as monarchs, presidents, and other members of the international community. You might ask questions about the people behind the scenes who are making the decisions, or perhaps look at how people in the arts, business, and the media can impact the world. Whatever themes you choose to cover, you can use yo ur own experiences to bring your question to life.Once you have chosen the type of topic that best suits you, then you need to decide on the ideal case studies. Choose historical figures whose roles are perhaps lesser known. If you're not sure which ones are best, there are plenty of them that are online. Using these classic examples can help you get an idea of what you need to look for in an essay.Your research will probably take up most of your time, but your writing and the presentation of your findings should never be compromised. Remember that your essay is meant to offer a well-researched and well-rounded analysis of an issue of important importance to your audience. You can't just throw the facts out there and hope that your reader will make up their own mind about the topic.How do you improve upon an academic essay? Use the Global Regents Thematic Essay topics to inspire you. You'll discover many other interesting topics, too.
Monday, May 25, 2020
Eight Interlocking Theoretical Concepts On Personality And...
Eight Interlocking Theoretical Concepts Bowenââ¬â¢s theory is influenced by eight interlocking theoretical concepts to explain the family unitââ¬â¢s emotional functioning (H. Goldenberg L. Goldenberg, 2013). The interlocking concepts explain the process of emotions within the family system as they are developed throughout the generations (Wineck, 2010). One must fully understand each concept individually in order to fully grasp the impact within the family unit (H. Goldenberg L. Goldenberg, 2013). Concepts one through five were Bowenââ¬â¢s original theoretical viewpoints (Baege, 2006). According to Bowen (1976), his sixth concept was rooted in Walter Tomanââ¬â¢s Family Constellation: It s Effect on Personality and Social Behavior publication from 1961. In 1975, the final two concepts were developed and added to complete the entire eight interlocking theoretical concepts (Bowen, 1976). Bowen never published or created any work on a ninth concept; however, spirituality was mentioned as a possibility for a ninth concept. Spirituality concept is an undeveloped concept with promise, particularly within the field of addiction studies. Underneath every concept is the basic assumption that chronic anxiety prompts the development of each concept premise (H. Goldenberg L. Goldenberg, 2013). These interlocking constructs are known as differentiation of self, triangles, nuclear family emotional system, family projection, process, emotional cutoff, multigenerational transmission process, siblingShow MoreRelatedFamily Therapy as a Psychological Intervention1979 Words à |à 8 Pagesroles in the family, dealing with marital discord, separation and divorce, delinquency and any other family-related issues. Family therapy was first discovered about a decade after World War II, when psychiatrists, clinical psychologists, psychiatric social workers, marriage counselors, pastoral counselors not only wanted to just provide individual treatment but look into family relationships (Goldenberg Goldenberg, 20 13). In the past, problems were often dealt with by institutions, such as the churchRead More8 stages of social development6628 Words à |à 27 Pagesï » ¿ Contents UNIT 4 Unit 4 Development 4.1 Page No Social Development - 2 Eriksons stages of psychosocial development - 2 , 3 Stages of psychosocial development - 3 , 4 , 5 , Eight Stages of Social Development - 3 , 4 , 5 , 6 References - 13 , 14 SOCIAL DEVELOPMENT Social development theory attempts to explain qualitative changes in the structure and framework of society, that help the society to better realize itsRead MoreComplete Project on Nike16139 Words à |à 65 Pagesfill, at least to some extent. For example, Amazon keeps track of customersââ¬â¢ purchases and suggests other books they might like. Dell builds computers from mass-made parts to customersââ¬â¢ specifications. But Simonson argues some companies can take the concept too far, like the Custom Foot chain of shoe stores that took detailed measurements and specifications from each customer to design one-of-a-kind shoes. Custom Foot didnââ¬â¢t take into account that some customers were put off by the individualized attentionRead MoreOrganisational Theory230255 Words à |à 922 PagesAssociate Professor, Copenhagen Business School, Denmark McAuley et al.ââ¬â¢s book is thought-provoking, witty and highly relevant for understanding contemporary organizational dilemmas. T he book engages in an imaginative way with a wealth of organizational concepts and theories as well as provides insightful examples from the practical world of organizations. The authorsââ¬â¢ sound scholarship and transparent style of writing set the book apart, making it an ingenious read which invites reflexivity, criticalnessRead MoreStrategy Safari by Mintzberg71628 Words à |à 287 Pagesstrategy formation, and have been concerned less with prescribing ideal strategic behavior than with describing how strategies do, in fact, get made. Some prominent writers have long associated strategy with entrepreneurs/up, and have described the process in terms of the creation of vision by the great leader. But if strategy can be personalized vision, then strategy formation has also to be understood as the process of concept attainment in a person s head. Accordingly, a small but important cog nitiveRead MoreInternational Management67196 Words à |à 269 PagesThis page intentionally left blank International Management Culture, Strategy, and Behavior Eighth Edition Fred Luthans University of Nebraskaââ¬âLincoln Jonathan P. Doh Villanova University INTERNATIONAL MANAGEMENT: CULTURE, STRATEGY, AND BEHAVIOR, EIGHTH EDITION Published by McGraw-Hill, a business unit of The McGraw-Hill Companies, Inc., 1221 Avenue of the Americas, New York, NY 10020. Copyright à © 2012 by The McGraw-Hill Companies, Inc. All rights reserved. Previous editions à © 2009Read MoreA Study on Role of Advertisement in Promotion of Tourism in India15524 Words à |à 63 Pagesasà vehicles for political statements and/or depictionsà of the destination countrys desired foreign public Perceptions. Following are only a few of the many examples of government-produced tourism destination advertising that also serve political or social functions. BAHAMAS: The Bahamas are commonly considered to be a focal point of leisure and recreational travel in the Caribbean and the island nation advertises itself as such. Television ads and website produced by the government of the Bahamas specificallyRead MoreProject Mgmt296381 Words à |à 1186 PagesCross Reference of Project Management Body of Knowledge (PMBOK) Concepts to Text Topics Chapter 1 Modern Project Management Chapter 8 Scheduling resources and cost 1.2 Project defined 1.3 Project management defined 1.4 Projects and programs (.2) 2.1 The project life cycle (.2.3) App. G.1 The project manager App. G.7 Political and social environments F.1 Integration of project management processes [3.1] 6.5.2 Setting a schedule baseline [8.1.4] 6.5.3.1 Setting a resource schedule 6.5.2.4 Resource
Thursday, May 14, 2020
Habitat Loss And Its Roots - 848 Words
Habitat Loss and its roots Irwin (n.d) wrote, writes ââ¬Å"I believe our biggest issue is the same biggest issue that the whole world is facing, and thatââ¬â¢s habitat destruction...some 46-58 thousand square miles of forest are lost each year equivalent to 48 football fields every minute.â⬠(para.7/5). ââ¬Å"In Asia the elephant population is dwindling to around 20% because of the habitat loss from people who live in or around their habitat.â⬠(World Wildlife fund, 2014, para.) The Asian conflict primarily revolves around elephants being taken from the wild while alive, for Thailandââ¬â¢s tourism industry. The brazilin soy plantations not only harm the environment around it but also the poor people who are taken from villages and slums to be forced to work in the plantations in barbaric conditions. For example, children work inhuman shifts, even at gunpoint, and those who get sick are abandoned and replaced by others. For hundreds of years habitat loss has been plaguing the human race, but m ore so the animals because people are not only destroying their home but forcing them to come into the city, and then most people would call them nosiness and try to kill them. The three major causes of habitat loss around the world are deforestation, agricultural development, and overgrazing. Firstly, deforestation has been caused by forest fires and making way for palm oil plantations. ââ¬Å"68,000 soccer fields of forest have been lost in the past 13years by wildfire,â⬠(Hansen ,2013, para.4). Forest firesShow MoreRelated Impact of Global Warming on Coastal Wetlands Essay1618 Words à |à 7 Pagesdiameter growth, and lowered stem and root biomass. For example, Allen et al, (1995) state that bald cypress seedlings had reduced photosynthetic activity, stomatal conductance levels, and decreased height growth when exposed to flooding and salinity conditions. In addition, Conner (1994), found bald cypress to demonstrate slightly reduced root biomass. Conner (1994) also concluded that another wetland species, Chinese tallow, demonstrated a significant root and shoot biomass reduction. This resultRead MoreDeforestation And Environment1402 Words à |à 6 Pagesare being taken to prevent deforestation. There are various reasons why deforestation is occurring despite its negative effects on the environment. Deforestation can cause very serious environmental problems such as climate change, flooding, loss of habitats as well as others. Deforestation occurs for many reasons, agriculture due to the increasing need for food products, large amounts of trees are removed to grow crops and for animals (Deforestation and Its Effect, 2017). Logging since wood-basedRead MoreEcological Restoration Essay950 Words à |à 4 Pageswest by the Main Campus of UCSB and is bordered on the south by the Pacific Ocean.â⬠The floor of the lagoon contains a depth of about 40 feet of loose and incompact layers of sand, slit, and clay comprised of partially decomposed organic matter. Habitat types that the lagoon includes are salt marshes, coast live oak woodlands, coastal dunes, vernal marshes and coastal sage scrubs. Archaeologists have determined that mankind had inhabited this area for about 9,000 years (UCSB Campus Lagoon). TheRead MoreDeforestation Is A Big Environmental Issue1092 Words à |à 5 Pagessince rainforest is an essential ecosystem, which provides habitats for much of the worldââ¬â¢s biodiversity. ââ¬Å"Amazon destruction at more than 360 square miles (932 square kilometers) in just one monthâ⬠(Ronca, 2008, p.1). Deforestation can have large impact on animals, which raises the problems of habitat loss, increasing threats to death and reducing biodiversity. (Environment Insider) Deforestation will have a direct result in losing habitats of the species. (Environment Insider) Trees can absorb carbonRead MoreDeforestation And Environment1125 Words à |à 5 Pagespopulation. (citation)à Forest fires is another way of forest destruction, extremely large portions of forests are lost yearly due to fires. (citation)à Deforestation can cause very serious environmental problem such as climate change, flooding, loss of habitats as well as others. Deforestation plays a role in causing climate change, according to the World Carfree Network deforestation accounts for approximately 15% of the global carbon dioxide emissions (citation ). Trees are a vital part in the carbonRead MoreBiodiversity Loss and Extinction1220 Words à |à 5 PagesBiodiversity loss and Extinction Biodiversity loss can lead to extinction, and hurt human life. It is our responsibility to take care of the environment. We bring in machines that harm the environment and destroy animal life. We need to limit ourselves on how much land and resources we consume. There are major issues that are causing species to become extinct and hurt our way of life and other animals do to the change in food chain. Many of the issues of biodiversity loss can be traced back to humanRead MoreRed Mangroves1471 Words à |à 6 PagesMangroves are trees and shrubs that grow in saline coastal habitats in the tropics and subtropics ââ¬â mainly between latitudes 25à ° N and 25à ° S. The saline conditions tolerated by various species range from brackish water, through pure seawater (30 to 40 ppt), to water of over twice the salinity of ocean seawater, where the salt has become concentrated by evaporation (up to 90 ppt).[1][2] The many species of trees and shrubs adapted to saline conditions are not all closely related, and the term mangroveRead MoreDescribe Ecosystem s Location And Ecosystem Significance1237 Words à |à 5 Pageseach year, seagrass meadows produce millions of tons of biomass which provides food, habitat and nurseries for a myriad of species of fish, crustaceans and other marine animals (insert reference). The seagrass meadows themselves also act as protection against predators and strong ocean currents which is ideal for the attachment of larvae and eggs and to protect juvenile fish. Not only do they provide important habitat for marine animals, but they also stabilize the ocean floor and prevent erosion fromRead MoreDescriptive Essay - My Eyes And Imagine1611 Words à |à 7 Pagesdeep breath in and smell the fresh, crisp air as it slowly fills your lungs. Suddenly an awful noise wakes you up, a screeching noise like the trees were crying. A massive yellow and black crane plunges down t o the trees, ripping them out from their roots. A strange man in an orange vest and bright red helmet comes up and tells you that you are going to have to move. ââ¬Å"What are you doing?â⬠you ask, quickly standing up. ââ¬Å"Logging this area, we are chopping down the trees and youââ¬â¢re going to have to moveRead MoreFor Riches to Rarity: American Ginseng1250 Words à |à 5 PagesFrom Riches to Rarity American ginseng (Panax quinquefolius) has a rich history in North America. Native Americans used the roots medicinally for years, and European colonists quickly revered the roots as well. American ginseng was one of the earliest American exports to China. Entrepreneurs such as John Jacob Astor bought and sold roots to amass their fortunes. Even today, American ginseng is prized for its medicinal qualities and is still harvested and sold internationally. In the early days of
Wednesday, May 6, 2020
The Landscape Of Qualitative Research - 890 Words
For this weekââ¬â¢s reading, we read ââ¬Å"The Landscape of Qualitative Research---Feminisms and Qualitative Research at and into the Millenniumâ⬠by Virginia L. Olesen. The author started out by introducing that feminist qualitative research is diverse, active and challenging to the professions, supporters and the judges. This type of research is changeful and emergent. The works done by the feminists help create a base for other researches, movements and guidelines that help exceed and convert. Feminisms involves various fictitious and functional directions. In order to give the readers a better background and concept about the things that feminist scholars are currently debating, the author first introduced the topic ââ¬Å"Scope and Topics of Feminist Qualitative Researchâ⬠. People always view qualitative research as the most useful research method; as a result, it narrowed the questions into subjective areas. Feminist work pay attention and focus on the womenââ¬â¢s experiences from daily lives in order to prevent limited views. The feminist qualitative research examined women in two different fields, they are education and health respectively. Women are seen to be ââ¬Å"gentlemenâ⬠in law school because they worry a lot about their kidsââ¬â¢ schooling and they struggle with inhibiting structures. When they are analyzing the policy, it is mainly quantitative and dominated by males. The two general areas that they concentrate on is ââ¬Å"the substance, construction, and emergence of specific policy issues;Show MoreRelatedA Research on Saudi Aramco Company1183 Words à |à 5 Pagesprimary research. Assessment Process: Develop topic and research questions Establish methodology and justification Obtain appropriate permissions Produce research materials Phases of Primary Research Collection and analysis of data Conclusions and recommendations based on data (Robson, 2011). Methodology For research to be viable, it must have epistemological validation or our ability as researchers to understand how we know what we know and what basis we make assumptions on research topicsRead MoreGeography Assignment : Landforms And Landscapes1408 Words à |à 6 PagesGeography Assignment: Landforms and Landscapes (Stage 1) How Has Rainfall Impacted Stalactite Formation in the Princess Margaret Rose Cave? Concepts The seven concepts of geography are used many times by geographers and each concept plays a key role in landscapes and landforms. Space, Place, Interconnection, Change, Environment, Scale and Sustainability re all the 7 concepts geographers use. The landscape Princess Margaret Rose Cave is arguably the most attractive cave in Victoria and in theRead MoreThreat Landscape Of Online Fraud Risk Management1460 Words à |à 6 Pages1. INTRODUCTION 1.1. Introduction to threat landscape of online fraud risk management The Online banking and financial services have revolutionised the consumer and corporate banking industry in the last few decades or so by giving customers the power to conduct their banking anytime, anywhere and without all kinds of paperwork and branch visits. This has been possible with the help of massive investments in information technology, systems and communication infrastructure linking the banking industryRead MoreInvestigating Strategic Measures For The Retention Success982 Words à |à 4 Pagesproficiency, their level of collaboration with one another is once in a while bargained. Such gatherings may experience issues functioning admirably with one another as they may be regionally and unwilling to collaborate. This study begins the qualitative methodology of analyzing the use and force of institutional effort devoted to strategies and practices and the potential associations between these hierarchical structures and student outcomes at the University of North Carolina a t Pembroke. UNCPRead MoreDeveloping A Long Term Condition Using Patient Education1600 Words à |à 7 Pages Focus groups are a popular method used to capture views and opinions for qualitative research. 3.2 Search Strategy A comprehensive search was undertaken to identify a suitable research paper using a variety of online sources searching for patient experience in managing a long-term condition using patient education. Simple Google searches (including Google Scholar), academic databases (PubMed) and scientific databases (ScienceDirect) were used to identify a paper, using question-specific searchRead More A Qualitative Exploration of the Spatial Needs of Homeless Drug Users Living in Hostels and Night Shelters 1702 Words à |à 7 Pageshoused in hostels/night shelters was paramount. The task of the critical appraisal is to firstly, summarise the research article A Qualitative Exploration of the Spatial Needs of Homeless Drug Users Living in Hostels and Night Shelters (2013), discuss the methodology presented throughout it and further examine if whether it was appropriate for the topic. Towards the end, the research findings will be discussed and an assessment of whether the article is beneficial for the housing sector or not,Read MoreScience And Fisheries Thesaurus : Environmental Factors, Genetic Diversity, Fjords, Marine Species Essay911 Words à |à 4 PagesIntroduction Marine environmental landscape parameters play an important role in promoting population genetic differentiation in marine organisms (Selkoe et al., 2008). Consequently, identifying environmental parameters that promote population genetic differentiation is a major focus of study in evolutionary biology (Selkoe et al., 2008). Most research on the effects of the environmental marine landscape on the genetics of population structure has been qualitative (e.g. Jà ¸rgensen et al., 2005; GalindoRead MoreDemographic Profile For Customers Most Likely Use The Gym s Services Essay1730 Words à |à 7 Pagesaway But do not worry about these things if they do not register as agreed, then there, then you can provide them with simple actions that are valuable content via Facebook, Twitter and email. A statement of your research objectives/hypotheses. Purpose The purpose of this research report is available with a variety of services and different exercises in the form of new customers for a range of different settings across the many, many things. Performance in the performance of work that representedRead MoreOnline Banking And Financial Services1440 Words à |à 6 Pageshas come at a cost for the banks. Financial crime or fraud in the last few decades was largely restricted to cheque or loan fraud by individual fraudsters. The perpetrators seem to have kept pace with the evolution in banking services. The threat landscape today is such that every time the banking industry presents innovative financial products and a convenient way to do business with its customers, it also attracts a whole new category of fraud risk and new opportunities for the fraudsters. The financialRead MoreThe Impact Of Mobile Commerce On Grocery And General Merchandise Retailers1841 Words à |à 8 PagesImpact assessment of mobile commerce on grocery a nd general merchandise retailers Introduction The advent of iOS and Android and the corresponding increased sale of devices supported by these mobile operating systems seems to be changing the landscape of the retail industry not only in the United Kingdom but worldwide. Such rapid changes in technology have opened doors to new start-ups which create applications or so called apps to leverage the user base of the iOS and Android platforms and allow
Tuesday, May 5, 2020
Company Law Assignment free essay sample
Criminal Act 2001 (Cth) Code Act 1995 (Cth) Carrying Co Ltd v Asiatic Petroleum Co Ltd [1915] AC 705 3 Lennards 4 Crimes Act 1914 (Cth) LAWS2301 | Take Home Assignment | Sandy Goh (20806534) PART A (ii) ââ¬â actions GE can take against Ross and/or FP Action taken against FP Ross breached the clause in his contract by competing with GE while he is employed by it. He can argue that FP is a separate legal entity (s124) from him, and is not bound by the contract he entered into with GE. Ross is a hiding behind FP to avoid legal obligations as shown in Gilford Motor5. As the directing mind and will behind FP, Ross has defrauded GE by making FP compete against GE intentionally, as shown in similar cases Bestobell6 and Re Darby7. In this case, the corporate veil may be lifted under the common law and Ross will be made liable. Action taken against Ross On behalf of GE, Monica is able to impose liability on Ross for breaching his duties owed to GE as a promoter. in the exercise of powers given to them [directors] must, as I conceive, keep within the proper limits. Powers given to them for one purpose cannot be used by them for another and different purpose. To permit such proceedings on the part of directors of companies would be to sanction not the use but the abuse of their powersâ⬠. The limits on the exercise of power may be found in the articles of association. However in advance it is not possible to lay down the limits beyond which directors may never pass in exercising a particular power. Every case depends on its own facts. In Hogg v Cramphorn Ltd the subject directors believed that it would not be in the companyââ¬â¢s best interests or its staff if there was to be a pending takeover as the change would result in the nature of the companyââ¬â¢s trading being unsettling. As a result of this, the directors sought to frustrate the takeover by issuing to the trustees of an employee trust fund 5707 preferences shares, each carrying ten votes. These votes constituted a majority in general meeting in combination with those shares held by friendly interests. Through an interest free loan from the companyââ¬â¢s reserve fund, the shares were paid for as well as further money advanced to the trustees to purchase additional preference shares which also came from the reserve fund. From here, a minority shareholder decided to challenge the transactions. It was held that while acting in a manner which they believed to be in the companyââ¬â¢s best interests, the transaction was voidable as its primary purpose was to ensure control of the company by the directors and those who they could regard as their supporters and thereby discourage the takeover bid from taking place. Where there is more than one purpose, the court must try to find the dominant purpose behind a power use to determine whether the proper purpose duty has been infringed. In Howard Smith Ltd v Ampol Petroleum Ltd Millers was subject to a takeover offer by Ampol and Howard Smith made a rival offer. Ampol and its associated company, Bulkships, rejected the offer and stated that they intended to act jointly in relation to the future operationââ¬â¢ of Millers. The majority of Millersââ¬â¢ board were in favour of the Howard Smith takeover bid. And to smooth the progress of the bid they agreed to issue enough shares to Howard Smith to reduce Ampol and Bulkships to minority shareholders. Millers did at the time did need to raise some capital and Ampol sought to have the share issue set aside. It was held that in determining whether the duty had been breached, the court had to look at the substantial purpose for which [the power] is exercised, make a conclusion as to whether that purpose was proper or not. In this case it was found that the purpose was simply to reduce the majority voting power held by Ampol and Bulkships to enable a then minority of shareholders to sell their shares more advantageously. The power had therefore been improperly exercised and the share issue was set aside and the share register rectified. However in Condraulics Pty Ltd v Barry amp; Roberts Ltd it was found that the overriding purpose of the share issue was to encourage employee loyalty despite the share issue coinciding with a takeover bid. Hence, in Pine Vale Investments Ltd v McDonnell and East Ltd, the courts upheld a share rights issue to raise finance to take advantage of a genuine favourable opportunity even though this coincided with a takeover announcement. The rights issue even raised the number and value of the companyââ¬â¢s shares and discouraged the takeover, but yet the court held that the directors should [not] be reduced to inactivity because of the pendency r that there may be a possible chance of a takeover offer. This decision clearly weakens the traditional approach to the proper purposes doctrine; however its ultimate conclusion may re-establish a close relationship with Howard Smith v Ampol. Acting bona fide in the interests of the company is not an excuse for acting for a dominant improper pur pose, especially where the directors are acting in their own self-interest as in Howard Smith v Ampol. In this case Lord Wilberforce stated ââ¬Å" when a dispute arises whether directors of a company made a particular decision for one purpose or for another he court, is entitled to look at the situation objectively in order to estimate how critical or pressing an alleged requirement may have been. If it finds that a particular requirement, though real, was not urgent, or critical, at the relevant time, it may have reason to doubt, or discount, the assertions of individuals that they acted solely in order to deal with it, particularly when the action they took was unusual or even extreme. â⬠Where there are rival takeover bids the directors must not exercise their powers in such as way as to prevent the members obtaining the best price for their shares. In Heron International Ltd v Lord Grade the use of power was to refuse to register transfers, and in Re a Company the use of power was to provide information. However, where there are competing offers, the directors are not under a duty to recommend and assist the carrying out of the higher offer. Many cases where the question of improper use of a power arises are concerned with directors using their powers to allot shares in order to give votes to their friends and avoid a change in the control of the company. The directorsââ¬â¢ power to allot shares is now restricted by the Company Act 2006. Although the directorsââ¬â¢ duties when exercising powers has been in relation to the power to allot shares, the duty has been examined in other cases such as the power to borrow and give security as in Rolled Steel v British Steel, the power to make calls on partly paid shares as in Anglo-Universal Bank v Baragnon, the power to determine the terms and conditions on which shares are issued as in Alexander v Automatic Telephone, the power to call general meetings as in Pergamon Press Ltd v Maxwell and power to cause the company to enter into contracts as in Lee Panavision v Lee Lighting. S172 of the Companies Act 2006 expresses what is the central obligation of a director; s172(1) states a director of a company must act in a way he considers, in good faith, would be most likely to promote the success of the company for the benefit of its members as a whole. S172(2) states where or to the extent that the purposes of the company consist of or include purposes other than the benefit of its members, subsection (1) has effect as if the reference to promoting the success of the company for the benefit of its members were to achieving those purposes. S172(3) states the duty imposed by this section has effect subject to any enactment or rule of law requiring directors, in certain circumstances, to consider or act in the interests of creditors of the company. S172 is based on the equitable fiduciary duty which was formulated, in combination with the duty to act within powers by Lord Green MR in Re Smith and Fawcett Ltd. It was said that the directors of a company must act ââ¬Å" bona fide in what they consider not what a court may consider is in the interests of a company, and not for any collateral purpose. â⬠This reflects the way in which the equitable principle was applied. The court does not substitute its own view as to the merit of the decision as Lord Wilberforce said in Howard Smith v Ampol. Also in Regentcrest plc v Cohen Jonathan Parker J stated ââ¬Å" the question is whether the director honestly believed that his act or omission was in the interests of the company no doubt, where it is clear that the act or omission under challenge resulted in substantial detriment to the company, the director will have a hard task persuading the court but that does not detract from the subjective nature of the test. â⬠In the case of JJ Harrison (Properties) v Harrison Chadwick LJ also stated ââ¬Å" he powers to dispose of the companyââ¬â¢s property, conferred upon the directors by the articles of association, must be exercised by the directors for the purposes, and in the interests, of the company. â⬠However in Item Software v Fassihi Mr Fassihi was a sales amp; MD of Item and Item distributed software created by Isograph. Fassihi then set up his own business to take over the distribution whilst he was still a director of Item. At the same time, he advised Item to be tough in negotiations for new contract with Isograph, however he did not think about disclosing this breach. It was then put to the test whether an intelligent amp; honest person in his position would have reasonably believed that disclosure was in companyââ¬â¢s best interests. Arden LJ stated ââ¬Å" the fundamental duty to which a director is subject, that is the duty to act in what he in good faith considers to be the best interests of his company the duty is expressed in these very general terms it focuses on principle not on the particular words which judges or the legislature have used in any particular case or context If directors of a company have acted without considering the interests of the company, their actions may be considered to have been bona fide in what they considered to be in the interests of the company, but only if it satisfies the objective test as in Chaterbridge Corporation v Lloyds Bank. In this case Pennycuick J formulated the objective test stating ââ¬Å" the proper test must be whether an intelligent and honest man in the position of the director of the com pany concerned, could, in the whole of the existing circumstances, have reasonably believed that the transactions were for the benefit of the company. If it is believed that a director of a company has acted without considering the companyââ¬â¢s interests and there is no basis as to why the director could reasonably have seen that the action was in the companyââ¬â¢s best interest, the court will find that the director was in breach of duty as seen in Item Software v Fassihi. S172(1) brings in the interests of the company and its members as a separate person by expressing a directors duty in terms of promoting the success of the company for the benefit of its members as a whole. In Mutual Life Insurance v Rank Organisation directors of the Rank Organisation had decided to issue new shares and part of the issue was made available to existing shareholders at a favourable price, but shareholders living in North America were excluded to save the company the high cost of complying with US and Canadian legislation concerning public offers of shares in those countries. It was held that the directors had not acted in breach of duty in preferring the interests of the company as a separate person to the interests of some of its members. However in Gaiman v National Association Megarry J observed that as a company is an artificial legal entity, it is not easy to determine what is in the best interests without paying due regard to its present and future members as a whole. Also in Paramount Communications v Time Inc Time Inc decided to go ahead with a merger with another company not allowing shareholders the chance of selling their shares to an unwelcome takeover bidder, even though the bidder was offering more than the current market price for the companyââ¬â¢s shares. However the court accepted that it was egitimate for the directors of Time Inc to decide that it was in the companyââ¬â¢s best interests. The court clearly rejected the idea that the directorsââ¬â¢ duty was simply to maximise shareholder value in the short term. S172(3) provides that the duty to promote the success of the company has effect, subject to any enactment or rule of law requiring directors, in certain circumstances, to consider or a ct in the interests of creditors of the company. In West Mercia Safetywear v Dodd the court held that a director of an insolvent company must have regard to the interests of its creditors. If directors of a company, at a time when the company is insolvent, or of doubtful solvency or on the verge of insolvency, deal with its property in a way that is prejudicial to the interests of creditors then they are in breach of their fiduciary duty to the company as in Kinsela v Russell Kinsela. However in Kuwait v National Mutual Life it was stated that ââ¬Ëa director does not by reason only of his position as director owe any duty to creditors or to trustees for creditors of the companyââ¬â¢. This was also confirmed in Yukong Line v Rendsburg Investments. It is an equitable principle that a director of a company is under an obligation to disclose a breach where he or she has acted in breach of their fiduciary duty, if disclosure is required by the equitable duty to act bona fide in what the director considers to be the interests of the company as in Item Software v Fassihi. So the duty is to disclose what the director considers, not what the court may consider is in the interest of the company to know as in Fulham Football Club. A director also has a duty to disclose breaches of duty by fellow directors, if to do so would be bona fide in what the director considers to be the interests of the company. In British Tool v Midland International four directors of a company planned to create a rival company. One of them retired and set up a new company inviting key employees of the old company to join it, while the other three directors continued in their old employment without letting the other directors know of their plans. It was held that this was a breach of their fiduciary duty and amounted to a conspiracy to harm the company by unlawful means.
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