Company law Essay Example | Topics and Well Written Essays - 2500 words - 1

Company law - Essay Example It implies that if somebody starts a business as a limited liability company, the company is regarded as a legal entity with a separate legal personality, which signifies that a company is different from its owners, employees along with shareholders. This in turn assures the advantages of ‘corporate veil’ to the company, wherein the owners, employees and shareholders are directly charged with the damage claims or tort claims caused due to their misconduct or irresponsible conduct with the name of the company. The Salomon principle in this regard emphasises that a company only provides grounds for individuals to act in its behalf and thus, charges in lieu of the tort laws should be treated in a way that makes the decision makers directly, personally and professionally liable for the damages1. In this regard, it has often been argued and has subsequently been under stern arguments that the tort creditors of a subsidiary company holding limited liability shall be deemed as ineligible to obtain the benefits from Salomon principle. It is worth mentioning in this context that because tort creditors are also recognised as involuntary creditors and fall into the classification of unsecured stakeholders2. The case rule in Adams v Cape Industries plc plays an influential role in this context wherein it affirms that employees of subsidiary companies, as involuntary creditors and also as tort creditors should be considered as eligible to demand damage compensations from the parent company. In is in this context that the application of Salomon principle is regarded as unjust in respect to the tort creditors where the parent company bears a rational degree of ‘duty of care’ to protect the interests of its subsidiary tort creditors3. Emphasising this particular issue, the discussion henceforth intends to discuss about the applicability of Salomon principle in the company law. Moreover, the discussion will also emphasize on the various aspects on the basis of which Salomon principle is regarded to be unfair for tort creditors of a subsidiary company. Solomon Principle and Tort Creditors of a Subsidiary Company As mentioned above, the Salomon principle has been developed from the case ‘Salomon v Salomon & Co, Ltd’. The Salomon principle implies that corporate decision makers should be legally entitled to compensate the damages suffered by the stakeholders of the business due to their misconducts or ignorance to ‘duty of care’, as per the relevant tort law. These companies are regarded as private and should be registered under the Companies Act 1862. In this regard, a registered company is determined to possess a separate legal entity as per the Salomon principle, which differentiates the statue of such a company from its shareholders, employees and other individuals associated with it. In this context, a company incorporated under the Companies Act 1862 is treated as an independent individual possessing its own respective rights along with liabilities that are different from the rights and liabilities owned by its decision makers, which further justifies the application of corporate veil in segregating the liabilities of individuals from that of the company as separate entities. There are various instances where the principle of

Boethius :: essays research papers

â€Å"Evil is Nothing† Her argument of Evil is Nothing is very simple. She begins by speaking with Boethius and getting at the definition of what is good and how that is related to God. She starts out by stating that they agree on the fact of God. Then they come to the agreement that God is the good itself. They then state that there is nothing that can go against God and still have power because God is all-powerful and all good. Lady Philosophy then says, â€Å"No one could doubt that God is omnipotent,† and Boethius responds by saying no one in their right mind could deny it. And she says that God can also do evil, which Boethius immediately states â€Å"No.† After that remark she goes on to make her argument by stating that evil must be nothing because God can do anything but God can not do evil so therefore there is no such thing as evil. In this discussion, Lady Philosophy states that because God can do anything and that God cannot do evil then evil is noth ing. Her statement is sound if you believe the statements that they both agreed on. First they said yes there is a God and yes God is good. They then agree on their good God being omnipotent, meaning that their God can do anything. Lady Philosophy then brings up her big argument. She says that God can do anything in the world that he wants to, anything at all, and that he is good. But she also says that God can do evil. This is usually a perspective that humans in general do not look at. We see God as being the good of the world and something to look up to. Her idea of God doing evil is rejected by Boetheius. This meaning that if he believes in evil then he cannot believe in a God that is all-powerful and cannot do good. Therefore Boethius contradicts himself, and Lady Philosophy is found to be correct. However, I agree with this idea and that her statement is sound. However, unlike Boethius I don’t believe that God cannot do evil. If God is all powerful then of course he can do evil, rather he chooses not to, and because of this God is represented as only allowed to do good. But how can anything that is as powerful as that not be able to do something horrible.

Its Implications For Hrd Practitioners Education Essay

Learning has become an of import direction development focal point in recent times ; it has been an exciting subject for so many bookmans who have loosely and liberally shared their different positions and constructs in their different plants. The construct of larning and particularly larning within a complex environment has many concerns spellbound, as a consequence of the obvious advantages of acquisition and workplace acquisition, organisations has begun to alter the ways in which they view larning, David Boud and John Garrick ( 1999 ) David Boud and John Garrick ( 1999 ) , in their book understanding acquisition at work portions the position that concerns that ignore larning particularly workplace acquisition does so at their ain nowadays and future hazard, besides he goes farther to state that employees who have reached their acquisition extremum has really small or a nonexistent employment value, since uninterrupted acquisition is the life blood † which sustains an employee. A immense feature of the really complex universe of the workplace is uninterrupted larning, this can non be overemphasized, this underscores that persons apply lessons learnt, either officially or informally in their mundane activities: concern, personal and even religious. Learning in an overly complex environment such as the workplace embodies different types and category of persons with different degrees and types of basic cognition, who are nursing the demand to get more cognition, better on already perfected accomplishments while larning informally through their twenty-four hours to twenty-four hours interaction with their opposite numbers and facilitators, or officially through good structured graded learning plans. Vaughan ( 2008 ) asserted that every acquisition environment has its menaces and chances, therefore larning in the workplace can be more effectual when the civilization of a peculiar work environment is maintained by everyone involved, leting for a better handling of all issues that may originate as acquisition and work advancements during the class of an organisations day-to-day activities. Besides Vaughan added that in order for larning to be thorough within and outside the on the job environment rigorous consideration must be given to the employees, their learning ability, capacity to retain cognition acquired, their specific accomplishment countries, etc, these are of import because every workplace allows for some degree of hazard pickings, therefore larning demands and instruments for accomplishing them are every bit of import as the inventions that arise as a consequence of some degree of hazard taking. Learning is such a complex issue that most times it near impossible to determine how human resource development procedures can positively and efficaciously utilize the â€Å" workplace as an equal beginning of larning † ( Stern and Sommerland, 1999 ) . Many behaviourists define larning as that which happens spontaneously, no separate particular activity is required for larning to happen, harmonizing to zuboff ( 1988 ) , â€Å" Learning is the bosom of productive activity, acquisition is a new signifier of labor † . Futher more single behaviour towards larning and their trainers who impact the c ognition can non be overlooked, behaviorism underlines that larning returns through a procedure of cause and consequence. B.F Skinner ( 1973 ) explained this procedure in footings of ‘operant conditioning ‘ ; that is, the thought that humans learn by the effects of positive and negative support, a critical expression at the maps of the two theories as cardinal topics of the pick of larning processs in the workplace from a trainer ‘s point of position. I will reason in understanding with pick of the cognitive procedures for human resource development while placing its possible limitations.My place would be that organisations would prefer to bring forth logical workers who will be able to treat information, adapt to altering occupation specification and conform positively to unplanned state of affairss beyond the teaching method of the trainer and his prospectus as is the instance in formal acquisition where a written propecteus must be adhered to. In this sense, an organisations demand aligns with making persons that are far advanced above the ability to execute merely in response to supports of wagess. Employees who work by reacting to supports and penalties could in fact be restricting to an organisations ability to boom due to a deficiency of committedness above its responsorial ethos.Hence the positive usage of cognitive platform for preparation, and the incorporation of behavioral elements of wagess merely as a signifier of acknowledgment of achievements. Learning can be in two signifiers, informal known as â€Å" non-formal acquisition † ( Eraut,2000 ) , and formal acquisition, both come with their different advantages and disadvantages as respects larning in the workplace. Informal larning on one manus was defined by Eraut as an unplanned procedure that required no preset construction or design, despite that it being conducted to accomplish specific organisational ends ( Stamps 1998 ) . Informal larning happens spontaneously within the workplace, between co-workers who one manner or another spring and have cognition from each other day-to-day, rectifying on the topographic point mistakes as they arise and happening equal solutions to them for the same and merely intent of accomplishing set ends. Learning by the informal means allows persons the freedom needed to acquire to the full involved in the workings of their organisation, they are able to model and make a contributing acquisition environment that meets their of all time altering and turning demands for acquisition ( Jay Cross, 2011 ) . this thought of employee engagement in their organisations twenty-four hours to twenty-four hours running, underscores that informal acquisition is â€Å" incorporate with single and organisations day-to-day modus operandis † Matsick and Watkins, ( 1990 ) hence no particular jar or activity is required for this signifier of acquisition, therefore it has little or no â€Å" restrictions or formalized stereotypic attacks, informal acquisition is particularly characterized by cognition gained from tests and mistakes ( Jay Cross 2011 ) . Though the most prevailing type of larning recognized by many organisations today, informal signifier of acquisition is non without its restriction s some of which affect its acknowledgment and complete credence as a better signifier of larning within the workplace, hence it is the least supported signifier of acquisition ( IPD 2000 ) , theses restriction will be discussed subsequently on in this paper. Formal acquisition is stereotyped and stiff in every facet of its acquisition procedures, it is a complete antonym of informal acquisition, though less prevailing in organisations today to its formalized and cumbrous procedures, it nevertheless enjoys better support by many bookmans and organisations. Formal larning involves the usage of idea through plans, structured to necessitate appraisal and scaling as a agency of mensurating single public presentation. A major advantage of formal acquisition is that it allows for truth in the measuring of cognition gained, measuring can be taken to determine the consequence of a peculiar formal preparation plan, therefore leting for betterment where employees are found lacking, ( Eraut 2000 ) by restructuring and orienting the formal acquisition plans to run into fit aims. Many bookmans see this signifier of larning as a better than its opposite number despite that it attracts more cost than the former. Traditionally, workplace acquisition is seen as an informal procedure of larning. This understanding boundary lines on the historical impressions of the workingman learner which did non affect clear formal notations on how learning occurs, and in many instances was passed on by word of oral cavity and interaction instead than formal text edition engaged acquisition. Clearly because this signifier of larning involved persons and work types at the lower strata of social hierarchy they were frequently non officially recognized as a critical component of the industrial and production economy.Young and Guile, ( 1998 ) in their journal article, ‘Apprenticeship as a conceptual footing for a acquisition theory, proposes a new way of societal acquisition that is skewed towards the reconceptualization of learner acquisition as a foundation for developing the work force of tomorrow. In this capacity, the writers believe that the work force of tomorrow would hold to go womb-to-tomb scholar s and as such must be driven much more by larning through apprenticeship more than the behaviourist and single transmittal teaching methods of cognitive theoreticians. The article proposes a reconceptualization of apprenticeship tilting for the development of standards for automatic acquisition. The significance of apprenticeship has frequently been limited by perceptual experiences that it is an facet of socialisation in the workplace more than as a procedure of formal acquisition. Therefore it has been hard for bookmans to come to unity on how learning is formed within formal and informal procedures frequently alluded to as systems of workplace socialisation. The construct of apprenticeship propensity is frequently derided for deficiency of formal theory which can enable systematic and standardised transmittal of cognition. Apprenticeship is still viewed by many societal psychologists as bounded by antique workers of the signifiers of the craftsman and the instructor as ‘master. ‘ However, there are theoretical accounts of apprenticeship that embrace the formal and informal procedures of larning advanced in the workplace. While the procedure of apprenticeship is frequently therefore generalized as a signifier of experiential cognition accumulated over clip from the maestro craftsman to the scholar, in world many cases of apprenticeship involve extended transmittal of inexplicit cognition. Therefore it is of import that the grade of knowledge required in a great assortment of apprenticeship larning countries is considered in developing a acquisition theory that incorporates this position of workplace acquisition. The traditional construct of apprenticeship is hence limited by the inability to appreciate that its cognition is socially constructed, and involves making across different and alone countries of pattern. Additionally, the modern workplace requires scholars to continuously reappraisal and relate assorted scientific constructs within the learning procedure. Apprenticeship acquisition and formal instruction has much more commonalties in their acquisition patterns than has been revealed in traditional literature of larning theory. Apprenticeship merely like formal instruction has now been known to be active within a zone of proximal development that every bit creates new cognition. Indeed a figure of contradictions that limits the development of a larning theory of apprenticeship in the workplace have to be overcome. Of major significance are the bounds of continuity and supplanting in workplace patterns and organisational alterations that are linked to production for the development of formal apprenticeship based teaching method. The construct of workplace acquisition underscores the alone nature and relevancy of cognition acquired in the workplace. Normally, in the past most facets of workplace acquisition was considered informal and as such was left to the kineticss of organisational construction of a peculiar workplace, and industries. However, with the globalisation of industry and knowledge peculiar accent is being accorded cognition acquired in the workplace. This attending has provided a great assortment of literature on the formal elements of workplace larning for human resource direction. This is besides non unrelated to the competitory nature of planetary industry, and the inclination to make new cognition or repackage old 1s for the bludgeoning workplace cognition market. Lee et Al. ( 2004 ) notes that within the past few old ages a assortment of involvements has given lift the rush in understanding theories of workplace acquisition as evidenced in constructs such as ‘life long scholars †˜ and ‘the acquisition society. ‘In relation to this they cite Austere and Sommerlad ( 1999 ) who note that this phenomenon reflects new believing in the cognition industries about the changing nature of work in the globalized economic system. Therefore Lee et Al. ( 2004 ) aligns the demands of analyzing the impression of workplace larning to the kineticss and flexibleness of the modern acquisition environment, the coming of new engineerings, the famine of the fabrication sector, and the coming of working at place and work on the spell regimens. Fuller and Urwin ( 2005 ) note that ‘learning by engagement ‘ is one construct that has been advanced in the modern-day period to understand workplace acquisition. Harmonizing to Sawchuk ( 2009 ) , the most critical component of workplace acquisition are the effectivity of the formal/informal procedures adopted. Lee et Al ( 2004 ) considers larning as an on-going societal procedure where the person can non be separated from the context of the sort of work he performs. In the same manner there are different theoretical discrepancies and attacks used to understand the differences between informal and formal acquisition in the workplace. Of significance to Lee et Al is the significance of organisational construction and single battle in workplace acquisition. Bould and Garrick ( 1999 ) maintain that the main end of workplace acquisition is to better productiveness and efficiency by heightening the cognition base and accomplishments of the employee in relation to specific work demands. Additionally, Garavan ( 1997 ) noted that the conceptual focal point on workplace acquisition in the modern workplace and in academic research is related to the dynamism of international completion and demand for efficiency that has been chiefly enabled by globalisation. Within diverse Human resource organisations employee development functions could be grouped under single, traditional, and organisational preparation governments. These different subjects besides explain the deductions of workplace larning for organisational employee direction. The historical significance and societal categorization bounds their consideration in the development of preparation and acquisition applications in the work lacing. Garavan undercores the the Human Resource Development preference with separating the constructs of acquisition, instruction, preparation, and development. In many cases developing implies the general developmental activities within the organisation, while larning configures the conveyance of accomplishments from line directors to employees. In the consideration of occupation elements configured around informal workplace acquisition, frequently what is being measured is the educational attainment of workers in a specific occupation description, and non truly the cognition involved in the o ccupation type. Indeed informal workplace acquisition can be formalized under a conceptual understanding of cognition collection by human resources development in assorted organisations. While developing entails the conveyance of accomplishments, development is a womb-to-tomb procedure of instruction, and larning focal point on values, attitudes, and achievement ( Garavan 1997 ) . Without a uncertainty these three facets of workplace acquisition could in fact be considered to be complementary instead than different. From historical clip preparation entailed the transition of cognition from the maestro craftsman to the trainee, while instruction that is formal school based cognition had classical beginnings, the manner of sing these two signifiers of cognition acquisition has persisted in modern-day organisational direction ( Garavan 1997 ) . Garavan implies with technological alterations and the fast gait of worker version in the workplace, the word pictures between workplace prepar ation and school schoolroom formal acquisition has become progressively bleary. So much so that colleges are progressively attuning their course of studies to run into the demands of the workplace. None-the-less the human resource sections in organisations decidedly has a batch of work cut out for them, in voyaging these turning indistinct lines between workplace acquisition and formal schoolroom larning. Indeed to promote the so called informal occupation types, the incorporation of the latent cognition of their work processes is required in modern twenty-four hours organisational practices.Because of the early function of the industrial economic system of craftsmans, and fabricating industry in depicting the workplace, workplace acquisition was considered humble as refering to common cognition that could easy be acquired by anyone without critical and strenuous cognition based mental strain. Therefore the majority of workplace cognition was considered informal. For case, in the pa st because of the low place of clerks in the hierarchy of the workplace, the occupation of clerks was considered informal. And as such did non necessitate any major formal based cognition system. As it were the common process of go throughing on the clerk based cognition was through informal based preparation of the new employee by the older 1. Fearful ( 2005 ) used the construct of interpretive sociology to alternate cognition production by clerks. Fearful provinces that past studies and surveies on analyzing clerks in the work topographic point have concentrated in stigmatisation, but clerks are besides involved in the production of workplace cognition. The place of clerks was frequently related into, and the work considered and interpreted in derogatory footings. In fact this is an explication of the staying human nature of social-hierarchical distances. Because their work was non considered a top occupation in the organisational hierarchy, the cognition input of their occupation description was non given any formal calculation. However, Fearful notes that the nonrecognition and derogative subjugation of the work of clerks limits the creativeness of the human spirit. While increasing focal point on workplace acquisition, the built-in alterations involved, the deductions of technological cognition is expected to progress the grasp and formalisation of many work types that are presently underappreciated, many believe that these alterations would instead take to managerial subjugation of employees. The effectivity of these technological alterations in elating the position of the informal cognition countries is still capable to the vagaries of societal relationships ( Fuller and Unwin 2005 ; Forrester 2002 ) . In fact research on the best attack of larning in the workplace is yet inconclusive. Human resource practicians in the different organisations would necessitate to get the better of diametral sentiments on the utility of formalistic larning plans in the workplace compared to informal plans ( Billet 2001 ; Eraut et al. , 2002 ; Beckett and Hager 2002 ) . However, this would depend on the type, map and location of organisations. Clearly with the purchase in engineering, organisations in the developed parts of the universe may hold less options when it comes to the demand for formalisation of workplace cognition and acquisition. The judge alterations in the route to decently leverage the cognition countries of the informal system into the formalistic workplace for the human resource section of organisations include the deficiency of expertness, blurred preparation aims, budgetary restraints, and uncooperative senior direction ( Grove and Ostroff 1990 ) . Informal larning frequently acts as the base of formal acquisition. Though informal acquisition requires organized counsel to avoid the production of dysfunctional cognition ( Leinhardt et al. 1995 ) . It is clear that formal cognition frequently derives from its informal sentence structure. This state of affairs clearly reflects a portion of the latent challenges involved in the development of the informal cognition industry via workplace acquisition and preparation for human resource practicians. The human resource practician could give so called informal occupation types like clerks the chance to explicate the cognition kineticss of their work from their ain position instead than from organisational constructions that undermine their cognition production capablenesss. The human resource practician in a sense plays a go-between function between labour and capital. By alternating and formalising the underlying cognition behind some otherwise informal occupation procedures in the wor kplace the human resource practician is authorising the worker, and at the same clip making a more productive learning civilization and resources in the workplace. In most cases as articulated by Fearfull ( 2005 ) , the accomplishments and knowledge brought into the workplace by the lower degree worker is underappreciated and as such their economic and societal worth are undervalued. The cognition they bring into the work topographic point is non officially detailed and aggregated into a specific cognition based paradigm. This of class impacts the psychological science of the worker, and their productiveness. Harmonizing to Fearful, this reflects the power and deductions of the societal building of diverse accomplishment sets and cognition countries. It is of import that human resource practicians explain to the organisational hierarchy the deductions of sabotaging certain accomplishments because they appear humble and simple to the oculus. It is implied that a proper appraisal and coordination of these informal transmittal of workplace cognition is conducted for proper opinion of part of a occupation type to the organisation, and tantamount renumerations. The obvious penchant for informal acquisition by both bookmans and organisations does non underline its restrictions, the complex and hit-or-miss nature of informal larning leaves it unfastened and necessitating the support of formal acquisition to avoid unwanted and unsought consequences, this of class is because of its unplanned procedures, deficiency of specialisation, plus its of all time altering nature as respects an even more complex workplace environment, this leads to inadequate constructions that lacks answerability, therefore impacting the twenty-four hours to twenty-four hours running of an organisation. This restriction to a big extent affects the acknowledgment of this signifier of larning in a workplace environment particularly in the countries of occupation design and executing, both of which requires on the point answerability. These deficiency of planning in the procedures of larning o the occupation and the deficiency of laid down regulations or proper agencies of mensurating single and organisational procedures will most decidedly lead to failure, and could take to misdirection of an organisations resources. Besides informal signifier of acquisition does non promote the usage of new and advanced engineering, or new tendencies that will or might gain the organisation on a long term, merely because engineering needs a planned and programmed workplace environment in order for it to be efficaciously utilized in the accomplishment of organisational ends. Hence informal acquisition is seen as a backup for formal acquisition in many organisations, despite it being the footing for practical, it can non on its ain achieve the coveted acquisition consequences needed to force any organisation to greater highs, hence it will be a immense undertaking for the human resource development directors to develop a system th at allows formal and informal signifiers of larning to complement each other positively in a workplace environment. In decision, These informal positions on workplace larning topographic points critical challenges for the human resources forces in the development of acquisition and preparation plans in the modern twenty-four hours workplace. It besides provides chance for the coordination of a diverseness of informal cognition into specific larning faculties that can be accessed beyond a peculiar occupation class and work environment. It may non be necessary or wise to seek the entire obliteration of informal acquisition, being that it plays an of import function even in formalistic larning systems, moreover it is cost effectual and easy to accommodate into diverse work environments. It waits on the human resource forces, academic research workers and policy shapers to develop academic plans based on these cognition signifiers for the modern twenty-four hours industry. It is therefore possible to progress fabrication industry related capablenesss to the modern twenty-four hours demands of the serv ices and knowledge based economic system.

Questions and Answers Bible Studies and Faith - 657 Words

Q1. Explain how the bible prophecy can build your faith in God and the Bible. Refer to a bible verse and /or passage in scripture to aid your response. Presently God is leading His people with prophetic preaching and teachings.In Daniel chapter 2, Daniel interprets King Nebuchadnezzar’s dream of the statue.The prophecy is fulfilled when the first kingdom Babylon falls another kingdom Medo-Persia rises. After the second kingdom Medo-Persia, Greece rises, followed by Rome. When a prophecy is fulfilled it gives us proof of Gods existence.â€Å"And without faith it is impossible to please God, because anyone who comes to him must believe that he exists and that he rewards those who earnestly seek him†(Hebrews 11:6). This verse proves my point because, when proof of Gods existence has been established (which we can see through the prophecies), then and only then, can a person gain or build their faith in God. Q2. Outline the succession of kingdoms in Nebuchadnezzar’s dream in Daniel 2 and what part of the statue they represent. Daniel interprets Nebuchadnezzar’s dream. Before you stood a large statue—an enormous, dazzling statue, awesome in appearance. The head of the statue was made of pure gold, its chest and arms of silver, its belly and thighs of bronze, its legs of iron, its feet partly of iron and partly of baked clay. A rock struck the statue on its feet of iron and clay and smashed them. the iron, clay, bronze, silver and the gold were all broken to pieces.The windShow MoreRelatedChristian College Freshmen Should Make Time For A Daily Bible908 Words   |  4 Pagesand safety. That can be found within a daily study of the bible. Christian college freshmen should make time for a daily bible study so that they may grow closer with the Lord, get help and guidance for life, and reach a deeper understanding of what the bible says so they can defend against attacks. 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