Saturday, December 28, 2019
East of Eden by John Steinbeck - Free Essay Example
Sample details Pages: 4 Words: 1093 Downloads: 7 Date added: 2019/08/15 Category Literature Essay Level High school Tags: East of Eden Essay Did you like this example? What about a novel where the purest of heart is ruthlessly punished? What version of morality is Steinbeck advocating for? A clear extraction from all of his narrative decisions is the idea that goodness is only a virtue when it exists in tandem with bad, only when a man composed of equal measures of malice and benevolence wills himself to abide by the latter. When goodness manifests effortlessly, it is more of a vice than a virtue, as seen in our less rounded A- characters. Donââ¬â¢t waste time! Our writers will create an original "East of Eden by John Steinbeck" essay for you Create order With that in mind, for Steinbecks take on morally nuanced, irrepressibly good-willed men, we turn to Samuel Hamilton and Lee, two narratives not bound by namesake, running adjacent to the more archetypical Trask family. The two, through experience and wisdom of age, have developed the ability to accept in stride the paradoxical amalgamation of good and evil in themselves and actively find empowerment over their respective destinies. Samuel Hamilton, Steinbecks larger-than-life righteous man, is so rapidly aged from continuous familial tragedies and acting as the dutiful patriarch of a wholesome family that his unsatisfying, wrongful demise seems inappropriate. His son, Tom Hamilton, shoots himself in his farmhouse with his extended family miles away despite being a loving brother and a kind soul. This is contrasted with the implication that Cathy got what was coming to her, committing suicide by poison in the solitude of her office. The inconsistent degree of poetry justice Steinbeck dishes out stands to confuse rather than clarify. The rationalisation of that is as follows. Steinbecks good is defined as good entirely without conditions, not so much blind as it is selfless. The stories from the fictional Trasks make narrative sense because they are written to convey an unambiguous moral lesson, but the Hamiltons are real people and hence their stories irregular. If the autobiographically inclined narrative following a conventional framework- our heroes get their well-earned happy endings and our villains eternal damnation- the decision to do good becomes a selfish one and much less free, as a choice between happiness and misery scarcely qualifies a choice. The consequences of our choices outside of Eden do not necessarily coincide with our intentions, good or bad. Adams good is irrational, without proper motivation or justification, which explains why it eludes Cathy entirely, why she could not fathom Adams immunity to her manipulation. Straining the qualifier further, Steinbeck offers that goodness arising from a fear of hellfire or a desire for heaven does not qualify as true goodness. It may also serve as a final condemnation of Arons warped sense of entitlement, who wanted the story and he wanted it to come out his way. couldnt stand to know about his mother because thats not how he wanted the story to goand he wouldnt have any other story. So he tore up the world (Steinbeck 444). East of Eden treads the careful line between fact and fiction, vacillating from an ancestral biography from the perspective of Samuels grandson and an omniscient moralistic creator, specifically in-between the Trask and the Hamiltons. The Trasks lead a life dictated by mythical symbolism while the Hamiltons legacy seem more or less grounded in reality. A moment that illuminated this diversion is during Cathy Trasks childbirth. Cathy Trasks physical descriptions are blatantly villainous, first likened to a reptile with Her ears were very little, without lobes, and they pressed so close to her head that even with her hair combed up they made no silhouette (Steinbeck 58), and later morphs into the Sabbatic goat Satan, her feet small and round and stubby, with fat insteps almost like little hoofs. (59) Around the Hamilton, such outlandish character become comically antagonistic, borderline satirical, lashing out by biting Samuel Hamilton on the hand during childbirth, an injury that sent him into a feverish slumber, not alike the symptoms of a venomous snakebite. Fantastical characters like these not only leave disbelief not only unsuspended, but also actively enforced. Lee is, rather unambiguously, the mouthpiece by which Steinbeck underscores the storys theme. The moment he decides to is when he gives up his singular character motivation to open a bookshop is when he fully committed as a framing device, likewise when he was passed over from friendship with the somewhat truthful Hamiltons to the servitude of the completely fabricated Trasks. Hence his experience could be regarded as the same metafictional excessiveness as the Trask characters. His horrific birth in particular exemplifies the ugliness one has to suffer through to grapple with Timshel. Amidst the maudlin revelations and impassioned journey of each character, Lees story is a horrifically depersonalised, less delicate illustration of the ubiquitous truth. My father came to [my mother] on the pile of shale. She had not even eyes to see out of, but her mouth still moved and she gave him his instructions. My father clawed me out of the tattered meat of my mother with his fingernails (Steinbeck 276) Something so deeply personal accounted by Lee himself in such a clinical, cooly visceral way again enforces his role as a transcendent, objective overseer to the drama, even his own. The narrative fabricated has Lees mother brutally raped then left to bleed out after the construction workers discovered she had lied about her gender and subsequently hidden her pregnancy to get work. That much is fully sufficient to establish the primal evil in man, but then we are told that Lee was cared for and brought up by the entire camp, the same people who murdered his mother, hence the capacity for penance even in the irredeemable. As extreme of a conclusion that might be, it shows how sure Steinbeck is in his convictions that humans are equal parts good and bad, so resolute that he is willing to take the ridiculous yet inevitable conclusion against the evidence of common sensibilities. Despite all the pillage and misery, classifying Steinbecks world as bleak and dreadful would be a grave misnomer. East of Eden is a jeremiad, but an infectiously hopeful one at that. And though not subtly put, Steinbecks message is an important one. The title East of Eden alludes to the biblical passage where Cain went out from the presence of the Lord and dwelt in the land of Nod, east of Eden. (Genesis 4:16, New International Version), where he transformed human culture from innocence to craftiness, the society that sprung from him Godless and independent. To live far from his influence was a punishment in the Bible, but to Steinbeck, a world rid of supernatural control, adherent to the fickle whims of humanity, is the only legitimate one.
Friday, December 20, 2019
The Era Of The Gilded Age - 1153 Words
From 1865 to 1900, the American industry paved the way for an era like none that has been seen before. The country built and invented more supplies and materials than anyone had thought possible. Even though, this time in history seemed progressive on many fronts, it was known as the ââ¬Å"Gilded Ageâ⬠. The Gilded Age was a three decade time in America that involved an expanding economy and a useless government. The thought of going to an American city, getting a job, and getting paid was ideal to most outsiders. The problem was, once they arrived and found a job, it was not as wonderful as it seemed . It was called the Gilded Age because, from the outside, everything looked wonderful, but on the inside it was spoiled. During Americaââ¬â¢sâ⬠¦show more contentâ⬠¦Along with other factors, the ghettos shined a bad light on immigrants because the ugly and unkempt house were a reflection of the immigrants living there. The city people were no longer accepting of the forei gners and nativism began. Nativism is protecting the interests of native-born people against the interests of immigrants. Most Americans were afraid of the immigrants and the power they had on the economy, so they started to attack the immigrants, both physically and socially. Many political cartoons were published supporting anti-immigration and violence was geared towards the newcomers (Appleby 310). There is no doubt the abundant numbers of immigrants created issues amongst the American people. Immigration was an issue that needed attention. In attempt to hinder the incoming population, the Chinese Exclusion Act started in 1882. The act prevented all people of Chinese origin to move to America. It also prevented any Chinese person already living in America to gain citizenship, if they had not already (310). The government also began to put regulations and restrictions on who could enter the U.S. In 1907 the Immigration Commission was established. This department only had to deal with immigration and immigration laws. They prevented unskilled immigrants and criminals from entering the U.S. Their job was also to deport any immigrants that had committed a crime (America and Immigration). The government understood the problems immigration was creating
Thursday, December 12, 2019
Hamlet â⬠Comment On Humanity Analysis Essay Example For Students
Hamlet ââ¬â Comment On Humanity Analysis Essay The Elizabethan play The Tragedy of Hamlet Prince of Denmark is one of William Shakespeares most popular works. One of the possible reasons for this plays popularity is the way Shakespeare uses the character Hamlet to exemplify the complex workings of the human mind. The approach taken by Shakespeare in Hamlet has generated countless different interpretations of meaning, but it is through Hamlets struggle to confront his internal dilemma, deciding when to revenge his fathers death, that the reader becomes aware of one of the more common interpretations in Hamlet; the idea that Shakespeare is attempting to comment on the influence that ones state of mind can have on the decisions they make in life. As the play unfolds, Shakespeare uses the encounters that Hamlet must face to demonstrate the effect that ones perspective can have on the way the mind works. In his book Some Shakespeare Themes ; An Approach to Hamlet, L. C. Knight takes notice of Shakespeares use of these encounters to journey into the workings of the human mind when he writes:What we have in Hamlet.is the exploration and implicit criticism of a particular state of mind or consciousness.In Hamlet, Shakespeare uses a series of encounters to reveal the complex state of the human mind, made up of reason, emotion, and attitude towards the self, to allow the reader to make a judgment or form an opinion about fundamental aspects of human life. (192) Shakespeare sets the stage for Hamlets internal dilemma in Act 1, Scene 5 of Hamlet when the ghost of Hamlets father appears and calls upon Hamlet to revenge his foul and most unnatural murder (1.5.24). It is from this point forward that Hamlet must struggle with the dilemma of whether or not to kill Claudius, his uncle, and if so when to actually do it. As the play progresses, Hamlet does not seek his revenge when the opportunity presents itself, and it is the reasoning that Hamlet uses to justify his delay that becomes paramount to the readers underezding of the effect that Hamlets mental perspective has on his situation.In order to fully underezd how Hamlets perspective plays an important role in this play, the reader must attempt to answer the fundamental question: Why does Hamlet procrastinate in taking revenge on Claudius? Although the answer to this question is at best somewhat complicated, Mark W. Scott attempts to offer some possible explanations for Hamlets delay in his book, Shakespeare for Students: Critics who find the cause of Hamlets delay in his internal meditations typically view the prince as a man of great moral integrity who is forced to commit an act which goes against his deepest principles. On numerous occasions, the prince tries to make sense of his moral dilemma through personal meditations, which Shakespear e presents as soliloquies. Another perspective of Hamlets internal struggle suggests that the prince has become so disenchanted with life since his fathers death that he has neither the desire nor the will to exact revenge. (74)Mr. Scott points out morality and disenchantment, both of which belong solely to an individuals own conscious, as two potential causes of Hamlets procrastination, andtherefore he offers support to the idea that Shakespeare is placing important emphasis on the role of individual perspective in this play. The importance that Mr. Scotts comment places on Hamlets use of personal meditations to make sense of his moral dilemma (74), also helps to support L.C. Knights contention that Shakespeare is attempting to use these dilemmas to illustrate the inner workings of the human mind.In Hamlet, Shakespeare gives the reader an opportunity to evaluate the way the title character handles a very complicated dilemma and the problems that are generated because of it. .ud78f058c902b6f489a2e101b36f5f34b , .ud78f058c902b6f489a2e101b36f5f34b .postImageUrl , .ud78f058c902b6f489a2e101b36f5f34b .centered-text-area { min-height: 80px; position: relative; } .ud78f058c902b6f489a2e101b36f5f34b , .ud78f058c902b6f489a2e101b36f5f34b:hover , .ud78f058c902b6f489a2e101b36f5f34b:visited , .ud78f058c902b6f489a2e101b36f5f34b:active { border:0!important; } .ud78f058c902b6f489a2e101b36f5f34b .clearfix:after { content: ""; display: table; clear: both; } .ud78f058c902b6f489a2e101b36f5f34b { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ud78f058c902b6f489a2e101b36f5f34b:active , .ud78f058c902b6f489a2e101b36f5f34b:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ud78f058c902b6f489a2e101b36f5f34b .centered-text-area { width: 100%; position: relative ; } .ud78f058c902b6f489a2e101b36f5f34b .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ud78f058c902b6f489a2e101b36f5f34b .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ud78f058c902b6f489a2e101b36f5f34b .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ud78f058c902b6f489a2e101b36f5f34b:hover .ctaButton { background-color: #34495E!important; } .ud78f058c902b6f489a2e101b36f5f34b .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ud78f058c902b6f489a2e101b36f5f34b .ud78f058c902b6f489a2e101b36f5f34b-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ud78f058c902b6f489a2e101b36f5f34b:after { content: ""; display: block; clear: both; } READ: Mental Health and Depression Essay These problems that face Hamlet are perhaps best viewed as overstatements of the very types of problems that all people must face as they live their lives each day. The magnitude of these everyday problems are almost always a matter of individual perspective. Each person will perceive a given situation based on his own state of mind. The one, perhaps universal, dilemma that faces all of mankind is theproblem of identity. As Victor L. Cahn
Wednesday, December 4, 2019
Comparative Study of Mutual Funds and Bank Deposits free essay sample
Comparison between mutual funds and fixed deposits is a long debate, especially when it comes to a comparison between fixed deposits and debt mutual funds. Even a few years ago, any conservative and risk averse investor would think investing in bank fixed deposits is better than mutual funds (debt or otherwise). Nevertheless, the market scenario has changed a lot in the recent years, and many a mutual funds family has come up with interest debt mutual fund schemes with guaranteed returns alongside capital appreciations. This makes the comparison between debt mutual funds versus fixed deposits more complex, and even the most risk averse investor (count my father! ) is led to think twice. That being said, whether you should invest in bank fixed deposits or debt mutual funds is no more a simple question as it used to be five-six years back, and needs a detailed examination and explanation. And, we at Mutual Funds Manager are here again to help you with a neutral comparison between fixed deposits and mutual funds. Arent we great? ðŸâ¢â So, mutual funds and fixed deposits, which is better? While only you can finally decide whether mutual funds or fixed deposit where to invest ââ¬â depending on your risk taking abilities, return expectations, and investment horizons ââ¬â let us try to analyse some key factors one by one and chalk out a comparison between bank FD and mutual funds. 1. Return on investments vary for mutual funds, but not bank deposits Needless to repeat, bank deposits offer you a fixed percentage of return, as would be agreed upon by the investor and the bank at the time of the investment. For example, if you put 50 thousand rupees in FD for 5 years and the agreed interest rate is 8% per annum, you will continue to enjoy the same interest rate throughout the tenure. On the other hand, debt mutual funds have no assured rate, and the return on investment for debt mutual funds depend completely on the market and the performance of the fund. Fluctuations in the money market impacts the NAV of the fund, thereby altering returns. Thus, a great advantage of bank fixed deposits is that, you will continue to earn the same interest rates even if the market goes down. Nevertheless, this very advantage of fixed deposits over mutual funds can actually turn out to be their great disadvantage. If the market goes up mutual funds will give more returns accordingly, but your FD will continue to yield in the same old rate. So, the actual question becomes, whether there is any chance of the Indian market going up in near future, especially following the recent recession? Yes, there is. At least, we think so. Market researches and predictions indicate that the Indian money market will go up in 2013, may get stagnant for a while in 2014, then taking another upward curve. Mutual Funds Managers Recommendation: For longer tenures, mutual funds are as good as fixed deposits, if not better. 2. Comparison between mutual funds fixed deposits: Inflation adjustment Inflation adjustment is a very important point while comparing mutual funds and fixed deposits. FDs dont come with inflation adjustment guarantees, and if the interest rate is lower than the inflation rate, you actually end up losing the value of your money. In the FY 2011-12, the inflation rate in India was 7%, while the interest rate for around 1 year tenure was something around 7% as well [6. % for ICICI and HDFC banks, 6. 75% for Citibank and HSBC, 7. 10% for Axis and Yes Bank and so on. Higher rates are there, but for lump-sum investments like 1 crore. ]. Thus, if you have invested in bank FDs for the last FY, you either failed to beat inflation or ended up with minimal inflation adjusted positive returns. On the other hand, at least half a dozen mutual funds yielded returns greater than 8% ( some as high as 12-14%), thereby giving you handsome inflation adjusted returns. Usually, mutual funds outrun inflation and always give positive, real returns. Mutual Funds Managers Recommendation: Unless your fixed deposits give high interest rates like 9-9. 5%, mutual funds are better. 3. Mutual funds and fixed deposits: Capital appreciation When it come to capital appreciation, mutual funds are better than fixed deposits, because of the equity investment. In longer time periods, market changes result in increasing interest rates. And, your mutual funds manager is there with all the expertise and professionalism to ensure a better capital appreciation. Mutual Funds Managers Recommendation: Debt funds. No second thought. 4. Mutual funds or fixed deposits, which one is more liquid? In terms of liquidity, these days both fixed deposits and mutual funds are almost same. Fixed deposits are actually meant for long lock in periods, but most banks allow premature withdrawals with a nominal penalty (usually 1%). The interest rate calculation for bank fixed deposit withdrawals is done on how long the money was parked. Mutual funds are equally liquid; you can take out any number of units within a couple of days. The return for premature withdrawal of mutual funds units is done on the prevalent NAV of the fund. Usually, there is an exit load of 1% for premature withdrawals before 1 year. Mutual Funds Managers Recommendation: Almost equal. For premature withdrawals beyond 1 year, mutual funds are slightly better because of nil exit load. 5. Risk factor of mutual funds and fixed deposits The only reason why most investors prefer fixed deposits to debt mutual funds is the assured return of the capital. On the other hands, returns from investments in mutual funds are subject to the volatility of the market, and may result in low or even negative returns. An investor should be wise enough to judge the quality of the investment instrument and thereby minimizing risk factors. Mutual Funds Managers Recommendation: For an extremely risk averse investor, fixed deposits are the only risk-free investment options. However, less risk means less return. Now, you decide! 6. Cost of investments in mutual funds and bank fixed deposits Investing in bank fixed deposits costs nothing. On the other hand, there is a minimum charge for mutual funds investments management and fund distribution, borne by the investor irrespective of returns. In other words, no matter whether your return on mutual funds investments is positive or negative, you have to bear an expense as the fees of fund management. Sometimes, entry loads are there as well, but quite rarely. Mutual Funds Managers Recommendation: Fixed deposits, since they have no entry load or management charges. 7. Tax benefits of debt mutual funds and bank fixed deposits Fixed deposits interests are considered incomes and come under income taxes (if you are taxable, of course). Moreover, there is a TDS (Tax Deducted at Source) at the rate of 10. 3% p. a. if your total cumulative interest on all FD is more than Rs. 10,000 in any financial year. Similarly, short term capital gains of debt funds are considered income and are accordingly taxable. For long term capital gains, tax is 10% without indexation or 20% with indexation. However, dividends received on debt mutual funds are tax free. Mutual Funds Managers Recommendation: Mutual funds are better than fixed deposits in terms of tax benefits, unless the latter offers any special scheme that is exempted from IT. So, should you invest in mutual funds or fixed deposits? We repeat, this decision is yours. If you are young and come from the average middle and upper middle class (at least), you can supposedly take more risk and should go for investing in mutual funds. Mutual Fund:Mutual funds are investment companies that pool money from investors at large and offer to sell and buy back its shares on a continuous basis and use the capital thus raised to invest in securities of different companies. In this your amount is invested in different companies according to percentage ratio. Below are our best reading on mutual fund: * What Mutual Fund do with investorââ¬â¢s Money * Concept of Mutual Funds * Benefits of Mutual Fund * What is Net Asset Value (NAV) * What Is Mutual Fund? * Post Office FD Vs Mutual Fund * Mutual Funds vs portfolio management When you deposit money with the bank, the bank promises to pay you a certain rate of interest for the period you specify. On the date of maturity, the bank is supposed to return the principal amount and interest to you. Whereas, in a mutual fund, the money you invest, is in turn invested by the manager, on your behalf, as per the investment strategy specified for the scheme. The profit, if any, less expenses of the manager, is reflected in the NAV or distributed as income. Likewise, loss, if any, with the expenses, is to be borne by you. Bank fixed deposits are more stringently regulated than are companies. They even operate under stricter requirements regarding Statutory Liquidity Ratio (SLR) and Cash Reserve Ratio (CRR) mandated by RBI. While the above are causes for comfort, bank deposits too are subject to default risk. However, given the political and economic impact of bank defaults, the Government as well as Reserve Bank of India (RBI) try to ensure that banks do not fail. Further, bank deposits up to Rs 1 lakh are protected by the Deposit Insurance and Credit Guarantee Corporation (DICGC), so long as the bank has paid the required insurance premium of 5 paise per annum for every Rs 100 of deposits. The monetary ceiling of Rs 1 lakh is for all the deposits in all the branches of a bank, held by the depositor in the same capacity and right. Please Note: Bank fixed deposit is completely secure and gives a fixed return ââ¬â the interest earned is taxable. Mutual Fund debt instruments issued by corporates, banks, rbi. They are not completely secure (very little risk) the risk is mostly to returns since the return is not absolutely fixed, however returns are taxfree in the hands of the investor. Invest for long term in mutual fund SIP for more profit. What is meant by long term investment? Does it mean that buying at any price and wait for 3-4 years? Think twice. Give importance to Value; Give importance to Growth. Give importance to Price; these values are much more important statistics than Investment duration. Quote of the day: ââ¬Å"A long term investment is like marriage; medium term investing is like an extra-marital affair and intra-day trading is like that risky one-night stand. â⬠Best Reading. After several years, investors are finding that fixed deposit rates are climbing to respectable levels. While 90-day bank deposits are offering around 5 per cent returns, one-year deposits are yielding 7-8 per cent. As far as mutual funds are concerned, though the future of income funds, which invest in medium-and long-term debt papers, seems to be uncertain, short-term debt funds are giving returns in excess of 6. 5 per cent. On a post-tax basis, debt schemes fixed-maturity plans in particular seem to be the best option for investors looking for steady returns. Funds beat banks Even as banks are luring investors with higher fixed-deposit rates, mutual funds seem to be steeling a march over them with FMPs. The total assets under management under these schemes have nearly doubled this year. At the end of July, these schemes had a combined corpus of Rs 28,571 crore (Rs 285. 71 billion). According to industry sources, in August alone, 14 FMPs have so far been launched with varying maturity and the total collection is expected to be at least around Rs 4,000 crore (Rs 40 billion). The AMCs that have launched FMPs this month include Reliance, ABN AMRO, Principal, HSBC, UTI, HDFC, LIC, Prudential ICICI, JM Financial, DBS Chola and SBI. Essentially targeted at corporate and high networth investors, FMPs combine the tax efficiency of mutual funds with the safety of fixed deposits. The current rates on FMPs are as attractive as bank deposit rates and, thanks to the lower taxes on mutual funds, the post-tax returns on FMPs are better. Currently, 90-day FMPs are offering around 6. 85-7. 10 per cent, while one-year FMPs are generating around 8. 0 per cent pre-tax returns. HDFC Mutuals 26-month FMP yields 8. 45 per cent for corporate investors and 8. 10 per cent for retail investors. These schemes usually come with a quarterly or annual term, and the shorter-term schemes are a huge hit with corporate investors, who usually seek to lower the tax incidence. Mutual funds charge as low as 5-10 basis points as expenses, which is abysmally low. Even for retail investors in the top income tax bracket, these schemes make sense. The tax edge As dividends of mutual funds attract only a dividend distribution tax of 22. 4 per cent for corporates and 14. 03 per cent for individual investors vis-? -vis interest on deposits and corporate bonds, charged at the marginal income tax rate, mutual funds give better post-tax returns. High networth individuals have a lot of appetite for these schemes as they generate significantly higher post-tax returns, says Sameer Kamdar, national head mutual funds, Mata Securities. Furthermore, income from mutual fund units held for more than a year is deemed to be capital gains and, hence, qualifies for indexation benefit. This reduces the tax incidence even more. Thus, while a 8. 1 per cent, one-year FMP would yield a post-tax return of 7. 2 per cent for an individual investor in the top income tax bracket (if he opts for the growth plan), a bank fixed-deposit offering a similar rate would yield only 5. 37 per cent net of tax. Even if you opt for the dividend plan, which is less tax-efficient compared to the growth plan, for more than one-year time horizon, you would come up with a post-tax return of 6. 96 per cent. The post-tax returns indicated above are based an indexation rate of 4. per cent. For the uninitiated, indexation is a method wherein returns are deflated to the extent of inflation. The tax is calculated only on the inflation index-adjusted returns. The idea is that tax on long-term capital gains must be charged only on the real returns earned by an investor. The inflation index is published by the income-tax department every year. Similarly, 90-day FMPs, which offer 7 per cent, would yie ld a post-tax return of 6. 01 per cent. Currently, JM Mutual and LIC are offering rates upwards of 7 per cent. The risk factor Though FMPs are projecting fairly high yields, these are only indicative returns. They produce predictable returns over the desired timeframe since the maturity of the portfolio matches the tenure of fund schemes. Unlike other schemes that suffer from volatility and, hence, risk of erosion in asset value, an FMP structured as closed-end funds carries no interest rate risk. Whether yields rise or fall, the asset value of these schemes is protected as deposits/ bonds are held to maturity. Still, they do not guarantee returns as bank deposits where the interest is assured do. Though FMPs have delivered the returns they have indicated so far, there could be a risk of asset-liability mismatch, and the investor may not finally get exactly the indicated yield. Says Dhirendra Kumar, chief executive officer of Value Research, a Delhi-based mutual fund tracking firm, Since there is no guarantee on the returns that funds give, there is a risk that investors may or may not eventually get the returns indicated even in case of FMPs, which are otherwise quite predictable. Besides, if you lock in funds in an FMP you dont have the option of liquidating it prematurely. But in case of bank deposits, you can withdraw your money without any penalty. However, the interest rate you earn on the deposit would be based on the period the money is invested for. For instance, if you break a one-year deposit after three months, you would be entitled to the interest rate applicable for the three-month deposit and not the one-year rate. In fact, since bank deposits can be withdrawn without any penalty, it is an ideal time for investors to close their old deposit accounts yielding lower returns and renew them at the prevailing rates. Other debt funds With uncertainty on interest rates receding, debt markets have rallied over the past one month. The 10-year benchmark yield has declined from 8. 5 per cent in mid-July to 7. 91 per cent now, and this has propped up the returns on debt fund schemes. Most categories of debt funds have delivered returns in excess of 6 per cent. Particularly, medium-term gilt and debt funds have generated over 10 per cent returns. Should you then begin to relook at income funds? May be, not yet. Fund managers warn that this kind of returns may not be sustainable. On the contrary, the debt market rally looks overdone and the market may be in for some correction. And if that happens, income funds may be back to square one. Moreover, the risk-return factor, today, is strongly in favour of short-term funds. The return differential between medium-term and short-term debt funds is quite narrow, and the choice must be obvious given that short-term funds offer far greater stability and slightly lower returns, says Kumar. Over the past one-month, short-term funds have seen a surge in returns too. This category has given an average return of 7. 2 per cent, which again compares favourably with bank deposits on a tax-adjusted basis. Comparative Study of Mutual Funds and Bank Deposits free essay sample Compare which is better! Comparison between mutual funds and fixed deposits is a long debate, especially when it comes to a comparison between fixed deposits and debt mutual funds. Even a few years ago, any conservative and risk averse investor would think investing in bank fixed deposits is better than mutual funds (debt or otherwise). Nevertheless, the market scenario has changed a lot in the recent years, and many a mutual funds family has come up with interest debt mutual fund schemes with guaranteed returns alongside capital appreciations. This makes the comparison between debt mutual funds versus fixed deposits more complex, and even the most risk averse investor (count my father! ) is led to think twice. That being said, whether you should invest in bank fixed deposits or debt mutual funds is no more a simple question as it used to be five-six years back, and needs a detailed examination and explanation. And, we at Mutual Funds Manager are here again to help you with a neutral comparison between fixed deposits and mutual funds. Arent we great? ðŸâ¢â So, mutual funds and fixed deposits, which is better? While only you can finally decide whether mutual funds or fixed deposit where to invest ââ¬â depending on your risk taking abilities, return expectations, and investment horizons ââ¬â let us try to analyse some key factors one by one and chalk out a comparison between bank FD and mutual funds. 1. Return on investments vary for mutual funds, but not bank deposits Needless to repeat, bank deposits offer you a fixed percentage of return, as would be agreed upon by the investor and the bank at the time of the investment. For example, if you put 50 thousand rupees in FD for 5 years and the agreed interest rate is 8% per annum, you will continue to enjoy the same interest rate throughout the tenure. On the other hand, debt mutual funds have no assured rate, and the return on investment for debt mutual funds depend completely on the market and the performance of the fund. Fluctuations in the money market impacts the NAV of the fund, thereby altering returns. Thus, a great advantage of bank fixed deposits is that, you will continue to earn the same interest rates even if the market goes down. Nevertheless, this very advantage of fixed deposits over mutual funds can actually turn out to be their great disadvantage. If the market goes up mutual funds will give more returns accordingly, but your FD will continue to yield in the same old rate. So, the actual question becomes, whether there is any chance of the Indian market going up in near future, especially following the recent recession? Yes, there is. At least, we think so. Market researches and predictions indicate that the Indian money market will go up in 2013, may get stagnant for a while in 2014, then taking another upward curve. Mutual Funds Managers Recommendation: For longer tenures, mutual funds are as good as fixed deposits, if not better. 2. Comparison between mutual funds fixed deposits: Inflation adjustment Inflation adjustment is a very important point while comparing mutual funds and fixed deposits. FDs dont come with inflation adjustment guarantees, and if the interest rate is lower than the inflation rate, you actually end up losing the value of your money. In the FY 2011-12, the inflation rate in India was 7%, while the interest rate for around 1 year tenure was something around 7% as well [6. % for ICICI and HDFC banks, 6. 75% for Citibank and HSBC, 7. 10% for Axis and Yes Bank and so on. Higher rates are there, but for lump-sum investments like 1 crore. ]. Thus, if you have invested in bank FDs for the last FY, you either failed to beat inflation or ended up with minimal inflation adjusted positive returns. On the other hand, at least half a dozen mutual funds yielded returns greater than 8% (some as high as 12-14%), thereby giving you handsome inflation adjusted returns. Usually, mutual funds outrun inflation and always give positive, real returns. Mutual Funds Managers Recommendation: Unless your fixed deposits give high interest rates like 9-9. 5%, mutual funds are better. 3. Mutual funds and fixed deposits: Capital appreciation When it come to capital appreciation, mutual funds are better than fixed deposits, because of the equity investment. In longer time periods, market changes result in increasing interest rates. And, your mutual funds manager is there with all the expertise and professionalism to ensure a better capital appreciation. Mutual Funds Managers Recommendation: Debt funds. No second thought. 4. Mutual funds or fixed deposits, which one is more liquid? In terms of liquidity, these days both fixed deposits and mutual funds are almost same. Fixed deposits are actually meant for long lock in periods, but most banks allow premature withdrawals with a nominal penalty (usually 1%). The interest rate calculation for bank fixed deposit withdrawals is done on how long the money was parked. Mutual funds are equally liquid; you can take out any number of units within a couple of days. The return for premature withdrawal of mutual funds units is done on the prevalent NAV of the fund. Usually, there is an exit load of 1% for premature withdrawals before 1 year. Mutual Funds Managers Recommendation: Almost equal. For premature withdrawals beyond 1 year, mutual funds are slightly better because of nil exit load. 5. Risk factor of mutual funds and fixed deposits The only reason why most investors prefer fixed deposits to debt mutual funds is the assured return of the capital. On the other hands, returns from investments in mutual funds are subject to the volatility of the market, and may result in low or even negative returns. An investor should be wise enough to judge the quality of the investment instrument and thereby minimizing risk factors. Mutual Funds Managers Recommendation: For an extremely risk averse investor, fixed deposits are the only risk-free investment options. However, less risk means less return. Now, you decide! 6. Cost of investments in mutual funds and bank fixed deposits Investing in bank fixed deposits costs nothing. On the other hand, there is a minimum charge for mutual funds investments management and fund distribution, borne by the investor irrespective of returns. In other words, no matter whether your return on mutual funds investments is positive or negative, you have to bear an expense as the fees of fund management. Sometimes, entry loads are there as well, but quite rarely. Mutual Funds Managers Recommendation: Fixed deposits, since they have no entry load or management charges. 7. Tax benefits of debt mutual funds and bank fixed deposits Fixed deposits interests are considered incomes and come under income taxes (if you are taxable, of course). Moreover, there is a TDS (Tax Deducted at Source) at the rate of 10. 3% p. a. if your total cumulative interest on all FD is more than Rs. 10,000 in any financial year. Similarly, short term capital gains of debt funds are considered income and are accordingly taxable. For long term capital gains, tax is 10% without indexation or 20% with indexation. However, dividends received on debt mutual funds are tax free. Mutual Funds Managers Recommendation: Mutual funds are better than fixed deposits in terms of tax benefits, unless the latter offers any special scheme that is exempted from IT. So, should you invest in mutual funds or fixed deposits? We repeat, this decision is yours. If you are young and come from the average middle and upper middle class (at least), you can supposedly take more risk and should go for investing in mutual funds.
Thursday, November 28, 2019
Actor Bill Cosby essays
Actor Bill Cosby essays Bill Cosby was born in Philadelphia, Pennsylvania on July 12, 1937. He was the oldest of four boys. He had three brothers, and their names were: James, Russell, and Robert. His father ran away near Christmas time when he was very young and he had to get a job to help support the family. In school he was the class clown and was sent to a special school for rowdy boys. In his new school his teacher was Mary Forchic. She saw that he was a great comedian and she put that into her lessons to make them more understandable for Bill. She made the lessons fun for him and made it easier to learn. He said that she made him what he is today. After a couple years he went back to his old school and even though his grades were dropping he still kept it together. Bill was starting to look up to comedians on the radio and the TV. They were comedians like Sam Levenson, Sid Caesar, and Carl Reiner. Even though his grades were poor in junior high, when he took the standardized tests he was accepted to Central High School, which was a school for all the gifted children in Pennsylvania. Now being six feet, he was on the high school football team. But in the first week of football he broke his arm. Since there were few blacks in the school and he was slightly a target of biggotous remarks he went back to getting attention by clowning around in class again. He was later sent to Germantown Highschool where all his neighborhood friends went. He was back with his friends but his grades started to drop. He was left back twice. He was also too old to participate in the city track meets (which he could easily win). Bill dropped out of h igh school. He went to be a shoemaker=s helper, but the shoemaker didn=t like it when he nailed the ladies heels onto the mens shoes! Then Bill decided to join the Navy. There he found discipline and no room to joke around. He spent four long years in the Navy but he says that it made him more mature and able to control himself ...
Sunday, November 24, 2019
Crime Drama TV Show Comparison Sherlock And Elementary Essays
Crime Drama TV Show Comparison Sherlock And Elementary Essays Crime Drama TV Show Comparison Sherlock And Elementary Essay Crime Drama TV Show Comparison Sherlock And Elementary Essay Essay Topic: Elementary Since replacing radio as the most popular mass media, television has modernized lifes and revolutionized todays society. Bibs Sherlock and Cabs Elementary are two popular television shows that are often compared and contrasted because of their heritage to the iconic stories of Sherlock Homes. Sherlock Holmes is a fictional detective, conceived by Sir Arthur Canon Doyle in 1887. An analysis between these two adaptations, have revealed many significant similarities and differences. Both television shows till uphold many ideas and themes that can be traced back to the original stories of Sherlock Homes, but it is distinctly clear that Bibs Sherlock is a far more accurate representation of the Sherlock character. Bibs Sherlock is a modernized, yet accurate portrayal of the classic Sherlock, whereas Cabs Elementary is a modernized, mainstream adaptation of the classic Sherlock. It is evident that both shows differ greatly, they differentiate in their form and the social context they uphold. Although they have their vast differences, it is suspected that both shows aim towards and fulfill the same purpose and Hereford target a similar audience. Bibs Sherlock and Cabs Elementary contrast, in respect to their form and stylistic features. Sherlock is found to be considerably more dramatic, when compared to Elementary. This is based on the music used in both shows and the behavior demonstrated by both Sherlock. A quote from Bibs Sherlock Im not a psychopath! Im a high functioning sociopath.. Encapsulates his behavior completely. In contrast, Elementary Sherlock depicts a much lesser eccentric and theatrical character. In regards to behavior, Sherlock odd language in Bibs Sherlock, appears a lot more exaggerated than it does in Elementary. An example of this is, while thinking, Sherlock will often make it very obvious by emphasizing silence. This manipulates the audience as they anticipate for the next hint in solving the crime. Finally the use of music in both shows is used to induce certain moods. Elementary uses a more mainstream approach by using the latest popular soundtracks, this creates a sense of familiarity. Whilst Sherlock only uses an orchestrated score. The use of music is noticeably more prominent in Bibs Sherlock. Dramatic music is used effectively to creating tension, by increasing the rhythm of the music, which signifies an upcoming suspenseful event. Sherlock and Elementary are two examples of an extensive list of entertaining crime shows. The writers and producers of these shows have ensured they achieve their purpose of entertaining their audiences. They have done so by incorporating an interesting storyline with well thought characters. The writers of Elementary have strayed away from the original Canon Doyle stories, but in doing so, they have still managed to maintain a similar level of implement and depth in their stories. This is not the case when it comes to Bibs Sherlock, the pilot episode A Study in Pink is directly derived from Canon Doles first novel A Study in Scarlet. Another aspect that plays a role in a shows entertainment factor, are the characters and how well their portrayed. Bibs Sherlock may have an advantage with award winning actors such as Benedict Cumberland and Martian freeman, but Elementary cast has proved to be just as good at portraying an believable representation of the Sherlock character. Both shows have also done a remarkable job in enforcing the relationship and compatibility between Sherlock and Watson, this increases the depth of the storyline thus making the shows more entertaining. It appears both Sherlock and Elementary are targeted at a similar audience, adolescences and above. As mentioned above both shows aim to entertain their audiences. That being said it can be assumed that both shows could be suitable for anyone with an interest in crime drama. Although it could be said that Bibs Sherlock is primarily targeted at a British audience, due to the cast imprisoning of British actors, and Cabs Elementary is primary targeted at a American audience, as its cast is comprised of American actors. However, both shows are non-restrictive in the content they show and how they show it. Television shows often explore many social issues, past and present. One issue explored by both shows is the gender of the main characters. The characters Sherlock and Watson are both played by male actors in BBC Sherlock, whereas in Elementary, Sherlock is played by a male actor and Watson is played by a female actor. In many ways, this issue relates back to owe accurate both shows portray the original stories. Elementary has outraged many Sherlock fans by casting a female actor to play the classic role of Watson. Casting a female in a traditionally male dominant role symbolisms how the times are changing and how society has begun to embrace gender equality. Bibs Sherlock and Cabs Elementary are both popular adaptations of Canon Doles timeless Sherlock character. Bibs Sherlock was found to be reasonably more dramatic when compared to Elementary, this was due to the behavioral differences between the two Sherlock and the music played urine the shows. Both shows also serve the same purpose of entertaining their audiences. This is achieved with a combination of an addictive storyline paired with well portrayed characters. As well as fulfilling the same purpose, both shows are also aimed at a similar audience. The casting of a female actor to play the male dominated role of Watson in Elementary, symbolisms a change in society and awareness for gender equality. Sherlock and Elementary might have their differences, but both shows are inarguably great examples of crime drama.
Thursday, November 21, 2019
TYCO Essay Example | Topics and Well Written Essays - 1250 words
TYCO - Essay Example Lack of plan will leave leaders and staffs clueless on where the company is headed and what strategies are best get there. In order to highlight these statements, this paper will take a deeper look at planning function of management in Tyco International (Tyco). The first section will be a brief introduction to the business organization in order to fully recognize the issues that it faces. Secondly, this paper will identify and analyze the legal issues, ethics and corporate responsibility which have a profound impact on its planning function. Lastly, it will analyze three factors which influence its tactical, operational, strategic, and contingency planning. Tyco International is "is a highly diversified global company that provides thousands of products and services vitally important to residential and commercial customers" (Tyco 2008). The business organization's product line is diverse which range from electronic security and alarm monitoring to fire-fighting equipment and breathing apparatus, and from water purification and flow control solutions to galvanized steel tubes and armored wire and cable. The company is organized into five business segments namely ADT Worldwide, Fire Protection Services, Safety Products, Flow Control, and Electrical and Metal Products (Tyco 2008). The operation planning function of management in Tyco has always been influenced by the legal issues that can surface from the decision that it makes. It should be noted that being a prominent and one of the largest companies in the world, Tyco faced the legal implications of its actions as it is always under the scrutiny of its stakeholders including the government, its stockholders, and its customers. With its quest in conquering the global business arena by opening up operations in countries all over the world, Tyco maintains its commitment in adhering to the laws and regulations implemented in the geographical regions where it operates. The company has always considered upholding its legal standards through its adherence to the financial reporting standards which is set by the governing bodies. It should be noted that while large companies like Enron and HealthSouth faced legal battles in 2001-2003, Tyco retains its credibility by emphasizing its commitment to report its activi ties utilizing the preset standards (Tyco International 2008). In this, it can be seen that Tyco's initial plan to be successful in its operation by being mindful to the various legal constraints becomes visible. Until now, the legality of the operation of the company and its different processes is a primary concern in its planning activities. Ethics have also been an important part of the culture of Tyco which also becomes a tenet in its long-term and short-term plans. Through its commitment of upholding moral excellence among its directors and leaders, the business organization have had taken actions in order to eliminate dishonesty and abuse of power. It should be noted that during 2002, Tyco filed federal suit against its former executive president Mark Swartz and corporate counsel Frank Walsh for
Wednesday, November 20, 2019
The rise of the Second Klan Essay Example | Topics and Well Written Essays - 1000 words
The rise of the Second Klan - Essay Example It is believed that it had enlisted more than 30 million people by mid-1920s of which 43% belonged to the protestant church (MacLean, 7). It was against the Catholics, Jews, immigrants and the African Americans who were giving the whites a run for the available housing and jobs. They also aimed at restoring social order. This paper will examine the issues that gave rise to the Klan, the role played by class, gender and race as well as the complex forces that gave rise to the invisible army. The rise of the second Klan can be attributed to many factors as outlined by MacLean (1-97). The first factor responsible for the rise of the Klan was the famous film ââ¬Å"The birth of the Nationâ⬠by D.W Griffiths which depicted black men as beasts and the white men as saviors of American civilization (12). The film had lots of praises for the first Klan in their advocacy for restoration of the white rule after the civil and the reconstruction thereafter. As such, it was very influential a mong the whites. Simmons and his friends took advantage of this platform to preach their ideologies and recruit thousands of members. Another significant event that gave rise to the second Klan was the lynching of a Jewish man namely Leo Frank. This individual had been convicted of murdering Mary Phagan a white factory worker. He had been handed a death sentence but the Georgia governor commuted the sentence (12). The white men were very angry with the governorââ¬â¢s action that they decided to hang him and the place he was hanged became the podium for launching the Klan organization. This was the beginning of the recruitment drive for the Klan. It established links with the press to champion their course and attract more people to the Klan through propaganda. These helped the Klan to infiltrate even the high levels of government since those who were against the fraternity would be threatened and blackmailed (88). The role of government officials was to ensure security for member s; since it comprised of governors, mayors, lecturers, and judges the chances of prosecuting errant members were slim. This is why the organization managed to thrive for long and expand despite its activities. The Klan also ensured most of the lay leaders of the protestant churches were Klan men. This enabled them to paint a good picture of the Klan despite their violent acts. They also infiltrated the fraternal organizations such as the woodmen of world and Elk and used them to recruit more members and as a channel for communicating its agenda. Those who joined were initiated through an oathing ceremony whereby they paid initiation fees as well as buying Klan costumes which comprised of hoods, robes, and terrifying masks (MacLean, 7-15). According to MacLeanââ¬â¢s ââ¬Å"The vice of modernity,â⬠the rise of the second Klan was also prompted by economic and social factors. The main issue that led the whites to revive the Klan was fear of losing the white supremacy due to the economic and social changes that were occurring. They felt that these shifting lines of race, class, religion and gender were threatening social order and it was its role to maintain order in society (MacLean 32). Due to industrialization there was rapid urbanization which changed the lives of Americans. Most people were involved in cotton farming among other farming activities with the whites
Monday, November 18, 2019
The systems approach Case Study Example | Topics and Well Written Essays - 1250 words
The systems approach - Case Study Example This would also make the solution less cost effective and a delay in solution deployment. Ans) Prototyping model would not suit Saint James Hospital as in such an organization employees have very less time due to continuous involvement and work. On the other hand, waterfall model would suit such an organization which would take time analyzing the organization thoroughly and deploying a one time solution with minimal changes in the process. Ans 1) Yes. A problem persists. Don Lehnert, Vice President of Marketing, has not shown any interest in the development of MKIS. On the contrary he is more focused on extending into the New England Market. His involvement in the development of the solution is mandatory as he and his team is the one who would be using the information produced from the system. All the reporting procedures and reports to be generated must be in alignment with the Marketing department which make it mandatory for Mr. Lehnert to be involved in the project. Ans 2) The synergy that Sue has mentioned can only be achieved when the solution involves all the related departments into one body. Absence of the marketing department would loose the essence of the solution as the solution should be able to input the data from the manufacturing and accounting department and can help the marketing department to efficiently and effectively use the information output in the form of reports to decide on the factors of marketing and help him make a better decision when marketing his product. Ans 3) Rankin is currently focused towards the New England market. Lehnert's focus should be towards developing the MKIS so that when the company launches its product into New England, he would be in a better position to market his product into the new market. A meeting needs to be setup between the department heads, Sue Ranking and myself to ensure the requirement of one person in one role. Lehnert and Rankin both focusing on the new market would cause redundancy. I would probably be the best choice to chair the steering committee from then onwards as I have the financial and Information Systems background and can take information from all the required perspectives and get a solution made which would best suit everyone's requirements. CONFIDENTIAL REPORTS Ans 1) Making reports web accessible will affect the confidentiality availability and integrity of the reports available. Trojan horses, worms, spyware, hackers are just a few threats that Fair Heights will have to encounter maintaining the confidentiality of the reports when making them web accessible. Disaster management and risk management are two of the factors that Fair Heights will have to deal with when considering availability of the reports. Hackers and spyware will be an issue when considering maintaining the integrity of the reports. Ans 2) Threats that Fair Heights may have to face include internal or external and accidental or deliberate. Virus, worms, Trojan horses, spyware, and adware are few of the external threats; Disclosure, theft, use, destruction, denial of service and modification are a few of the internal threats
Friday, November 15, 2019
Cost Volume Profit (CVP) Analysis Applications
Cost Volume Profit (CVP) Analysis Applications 1. Introduction The use of Cost Volume Profit (CVP) Analysis depends upon a number of clear assumptions, for its application in resolving problems, simplifying complexities and aiding decision-making in business issues. Areas of application, inter alia, include pricing, calculating contribution, computing costs, deciding sales mixes, estimating breakeven points, assessing profitability, and achieving profits. As a financial tool in the hands of accountants, (professionals who are generally more at home in dealing with simple and linear arithmetic than with the intricacies of statistics and calculus), it is invaluable, brilliant in its simplicity and in its ability for using straightforward calculations to make sense out of complicated business situations. CVP analyses work on certain basic assumptions in areas of sales, in unit price and volume, and costs, fixed and variable, for their simplest and most straightforward applications. However, the irregularities of actual business situations, their proneness to pick up complex variables, and their stubborn refusal to abide by the norms of arithmetical linearity, introduce a number of issues that sometimes make it difficult to apply simple arithmetical concepts like CVP towards their resolution. The simplicity of an analytical tool such as CVP can cut both ways. It can be both its greatest virtue and its major shortcoming. The real world is complicated, no less so in the world of managerial affairs; and a typical analytical model will remove many of those complications in order to preserve a sharp focus. That sharpening is usually achieved in two basic ways: simplifying assumptions are made about the basic nature of the model and restrictions are imposed on the scope of the model. (Guidry, Horrigan Craycraft, 1998) Businesses that do not have a single product sales portfolio, and who, in the normal course of their activities, sell a number of products, sometimes quite dissimilar from each other, face even more difficult and complex challenges in the application of CVP concepts. It is the purpose of this assignment to examine the appropriateness of applying CPV techniques in business environments, wherein companies produce and sell a number of dissimilar products, with particular reference to the specific assumptions needed for such exercises. 2. Commentary In base terms, a CVP analysis deals with sales, costs, contribution and ultimate profitability. Arithmetical manipulation of the relation between unit sale price, total sales, variable costs, contribution, fixed costs and profitability, results in information about breakeven volumes, the implications of both variable and fixed costs on margins and final profitability, thus helping decision making in such issues. a. Sales The first set of assumptions, in this methodology, concerns financial data regarding sales. CVP techniques work on the assumption that product sale prices will remain constant and total sales will necessarily be a linear multiple of the number of units sold. As such, if ââ¬Ëxââ¬â¢ is the sales price in GBP and ââ¬Ëaââ¬â¢ the volume in units, total sales will equal ax GBP. In most business situations, factors like volume and cash discounts, as well as introductory offers to new customers, often cause changes in sales prices. It is general practice for accountants, in such situations, to arrive at an average sales price depending upon the business environment, and the needs of the market, and apply it for CVP exercises. This situation could become complicated, if sales prices differ in different geographical areas, and infinitely more complex for analysis, if a company deals with a number of products, each of which may have a range of items, and different pricing policies. Furthermore, the use of average prices becomes patently unsuitable, if not downright silly, in environments where a number of diverse products make up the sales basket. b. Variable Costs Costs, for CVP analyses, consist of two broad categories, variable costs and fixed costs. Variable costs are costs that change directly in proportion to changes in volume. They include the wages of production workers or salespeople, raw materials, electric power to run machines, and the cost of maintaining inventory. While most variable costs are of a direct nature, their movement, in actuality, is never strictly linear and they tend to change somewhat, decreasing with initial volume increases, remaining stable for a substantial period and then inching upwards, after volumes exceed a certain limit. While accountants are aware that costs are never fully variable or fully fixed, this differentiation helps in some exercises, notably CVP applications. Costing and production departments thus try to segregate variable costs to the best of their knowledge and ability. ââ¬Å"Splitting out fixed and variable costs can be a long, time consuming process; and techniques such as the inspection of accounts method really are not suitable if the analysis is to be realistic. At the very least, some kind of statistical or mathematical analysis will have to be undertaken.â⬠(Williamson, 2000) The impact of different sales prices, and variable costs, of different items, for a company that deals in many diverse products, introduces a host of complexities in the use of CVP techniques, which primarily work on the assumptions of single product lines, constant sales prices, variable costs, and linear movements of both, in accordance with volumes. Fixed Costs, another important factor for CVPA exercises, comprise of expenses that do not change in proportion to the level of activity of a business. They can include both overheads, like rent and utilities, as well as direct costs like salaries. It also needs understanding that fixed costs remain steady only within a certain range of activity, and for a definite period. They are quite liable to change with time and with level of activity. c. Multi product Situations CVP exercises make use of all these components, namely sales prices, sales volume, variable costs and fixed costs to arrive at conclusions regarding contribution margins, breakeven points, pricing decisions, minimum volumes that need selling, and similar other financial issues. While CVP analyses progress on the assumption that primary factors will behave predictably, at least for single product companies, the situation in real life business environments is very different and sales prices, variable costs and fixed costs get impacted by developments like changes in pricing policies, needs for special discounts, inflation, and mid term salary increases. All organizations are subject to uncertainties, leading to risks of failing to meet expectations. Even though each organization is subject to distinctive business risks, all of them face uncertainties related to the economic environment. These uncertainties increase manifold in the case of organisations that deal in various diverse products, with differing sales prices and variable costs. Even the treatment of fixed costs becomes complex because some fixed costs would be applicable to specific product lines, (e.g. departmental salaries or rent) while others would be applicable to all product groups like the MDââ¬â¢s remuneration or legal retainer fees. Such business settings lead to violation of basic assumptions needed for CVP exercises. Moreover, this sort of nonlinear behaviour, of both revenues and costs, and the increasing number of uncertainties could affect the assumptions required for CVP analyses and lead to invalid conclusions. In addition, it could be difficult to determine the point of operating activity where operations move into a new relevant range. Any simple and straightforward attempt at resolving CVP issues, even for a company with just ten product lines, each with different revenue and cost cha racteristics could thus fail without the use of mathematical modelling, which at times could become quite unwieldy. Multi product situations, which automatically lead to the emergence of numerous variables and to the violation of the tenets of CVP methods, are inevitable in real life business situations, and it would thus be quite impossible to find problems that satisfy all CVP assumptions. Does this imply that the CVP method is just a simplistic arithmetical tool that is adequate for use in costing textbooks, as well as for simplifying basic cost issues for beginners, but actually of no use in real life situations where (a) the sales baskets of companies always have many products, and (b) costs are not amenable to straitjacketed behaviour? Notwithstanding the meagre probability of the assumptions required for CVP exercises occurring in real life situations, CVP analyses still maintain their relevance in operational and financial decision making, even in multi product situations, albeit with some provisos and modifications. The most widespread application of CVO, in multi product situations happens in the formulation and determination of sales mix. In such situations where there are, for example, five products with differing unit sales prices and variable costs, it is possible to find the contribution of each product per piece, by subtracting the variable cost from the sales price. An analysis of comparative contributions thus provides information about the potential profitability of the different products, and determination of the product mix that will contribute most towards the profitability of the company. The use of a practical example will be of use in illustrating these statements Data relating to hypothetical Company ABC Product A B C D E Sales Price GBP 5 6 8 11 12 Sales Volumes Nos. 100 250 325 25 200 Product Mix % 11 28 36 3 22 Variable Costs GBP 3 2 4 5 7 Contribution GBP 2 4 4 6 5 Total Contribution GBP 200 1000 1300 150 1000 The use of simple CVP analyses makes it possible to come to the following conclusions. Product E, even though it has the highest Sales Price does not give the highest contribution, either per piece or in totality. Product D, even if it has the highest contribution per piece gives the lowest total contribution Product C, which has a medium contribution of 4 GBP provides the highest total contribution to the company Profit optimising activities should primarily focus on (a) increasing the contribution of Product A and (b) increasing the sales of Product E and D. Apart from these conclusions, CVP techniques will be useful in calculating the breakeven point of the companyââ¬â¢s current operations, after ascertainment of fixed costs, and by using the weighted average of contributions of the total products, based on the current product mix. In this particular case the weighted average of the contribution of the companyââ¬â¢s products, obtained by dividing the total contribution of 3650 GBP by total sales of 900 units works, out to 4.05 GBP per piece. Thus, if the fixed costs of the company are 4500 GBP per year, the company will have to sell (4500/4.05) 1112 units to break even, considering maintenance of the current product mix. Income tax does not come into play until achievement of break-even levels. However, once breakeven levels are crossed, the profit after tax at various levels of sales is easily obtainable by multiplying the sales numbers, in excess of the BEP, with the weighted contribution per unit and obtaining the product of this figure and the post tax percentage. If, for example the company plans to sell 2000 products during a year, and the level of tax is 30 %, the total after tax profits can be worked out by multiplying 882 (2000 ââ¬â 1112) with 4.05 and then again with 70% (being the post tax income). As such, 882 * 4.05 * 70 %, which equals to 2500 GBP will be the post tax profits at a sale level of 2000 units with the same product mix, sales prices, variable and fixed costs. The use of Excel sheets becomes very useful for such exercises and enables accountants to work upon a number of options with varying products mixes, changes in sales prices and the impact of different factors on variable and fixed costs. It thus becomes possible to forecast a number of situations and engage in a number of sensitivity exercises. 3. Conclusion The use of CVP analysis depends upon a number of assumptions in areas of sales and costs for its proper application. Many of these assumptions get violated in actual business situations, more so when a company deals in a number of products with different price and cost structures. While these factors do lead to difficulties in using CVP techniques, the availability of spreadsheets, particularly the options available with Microsoft Excel make it possible for accountants to use these techniques in different business scenarios with changes in assumptions without great difficulty or tedious and repetitive calculations. In case of situations where the number of variables becomes extensive, the use of probabilistic models helps in CVP analysis. However, the use of probabilistic techniques in normal business situations is quite rare, and the careful and knowledgeable use of CVP techniques, with the aid of spreadsheets, proves adequate in handling many multi product requirements. CPV analysi s also faces criticism because conclusions and recommended decisions, arising out of its use, disregards wealth and risk implications. Nevertheless, its continuous use and adaptability reinforces the robustness of the model and its adaptability to changing business needs. Word Count: 2128 words Bibliography Bhimani, A. (Ed.).,2003, Management Accounting in the Digital Economy. Oxford: Oxford University Press. Guidry, F., Horrigan, J. O., Craycraft, C., 1998, CVP Analysis: A New Look. Journal of Managerial Issues, 10(1), 74+. Heymann, H. G., Bloom, R. ,1990, Opportunity Cost in Finance and Accounting. Westport, CT: Quorum Books. Lawrence, C. M., 2006, Cost Management: A Strategic Focus, 3d Ed. Issues in Accounting Education, 21(3), 324+. Mascha, M. F., 2002, Cost Management: Strategies for Business Decisions. Issues in Accounting Education, 17(4), 451+. Riahi-Belkaoui, A.,1992, The New Foundations of Management Accounting. New York: Quorum Books. Williamson, D, 2000, Cost Volume Profit Analysis: Its Assumptions and Their Pitfalls, Fortune City, Retrieved March9, 2007 from business.fortunecity.com/discount/29/cvpassweb.html
Wednesday, November 13, 2019
Vico, Giovanni Battista :: essays research papers fc
Vico, Giovanni Battista See also: Philosophy Biographies (jovà ¤nà ´ne bà ¤t-teà ´stà ¤ veà ´ko), 1668-1744, Italian philosopher and historian, also known as Giambattista Vico, b. Naples. In 1699, Vico became professor of rhetoric at the Univ. of Naples, and in 1734 he was appointed historiographer to the king of Naples. Vico is regarded by many as the first modern historian; he was the first to formulate a systematic method of historical research, and he developed a theory of history that was far in advance of his times. For Vico, history is the account of the birth and development of human societies and their institutions. He thus departed from previous systems of writing historyeither as the biographies of great men, or as the development of God's will. Opposing the antihistorical elements of the prevailing Cartesianism (see Descartes, Renà © ), he asserted that history is a valid object of human knowledge because man himself created history. Vico urged the study of language, mythology, and tradition as techniques for the investi gation of history. As a philosopher, Vico believed that every period in history had a distinct character, and that similar periods recur throughout history in the same order. He departed from the old cyclical theories of history, however, in asserting that these periods do not recur in exactly the same form, but are subject to the modifications that new circumstances and developments impose. Thus the historian can never be a prophet. Vico also wrote on law, affirming an innate human sense of justice and natural law. Vico's major theories were developed in his New Science(1725), which he revised completely (1730; 1744). Vico's work was little known in his own time, and his importance was not recognized until the 19th cent. Bibliography: See his autobiography (tr. by M. H. Finch and T. G. Bergin, 1944); G.
Sunday, November 10, 2019
Study Guide History Final Exam
Public Health or Behavior 6. Bonus Army ââ¬â veterans of WWW were given a $1,000 saving bond that matures in 1995 7. Wagner Act ââ¬â Magna-Cart of labor law, rights for unions to exist protected by the law 8. Repatriation ââ¬â With Jobs being scarce, In border lands regions, hostilities begin again toward Mexican-Americans Immigrants 9. Bracers Program ââ¬â from 1942, government recruited Mexican-Americans Labors to come back over the border to help in war time Jobs 10. Rape of Nanking ââ¬â Over 300,000 Shines men, woman, and children's were slaughtered.Beheaded, rape, bloody murder by Japanese 1 1 . Overhaul Patch ? Hitler tries to violently take over Germany government, his supposed to go to Jail for 5 years but got parole after 8 months 12. Battle of Britain ââ¬â Between July and September 1940, the German Air Force launched a massive offensive In the sky of Great Britain 13. Doolittle Raid ââ¬â the US, felt It needed to strike back dustpan after Pearl Harbor; Jimmy Doolittle propose a symbolic strike at the heart of Japan to get their population to question their invincibility 14.IOW Jim ââ¬â black volcano island 15. John Baseline ââ¬â Medal of Honor Receipt at Guidance. 3 days without sleep kill 3,000 mans 16. Operation Bodyguard ââ¬â Fake army that keep German guessing where US was going to attack 17. Lebensraum ââ¬â living space, It was Hitler plan so the white blue eyes can have property where they could raise their kids 18. Hugging ââ¬â small army fighting big army by been so close that they couldn't use their guns 19. Complex ââ¬â the aggregate of a notions armed forces and the industries that supply their equipment material and armaments 20.Eisenhower ? also known as EKE, American General and the 34th president; oversaw the final defeat of Germany Essay: Explain how the role of the united States In the World changed after World War II? Prior to WI, the US was one of several Industrialized nations co mpeting with each other? After WI, the US was the only industrialized nation whose manufacturing capacity was virtually untouched by the war. Even the Allied powers in Europe were devastated, as much of the continent had been occupied at one point r another, and Great Britain had been subjected to numerous bombing raids and rocket attacks.This meant the US was the only country which had the means to rebuild the world after the war. They realized that the Allies who had forced Germany to accept the burden of debt of WWW helped set the stage for Hitter's rise to power, and they resolved not to repeat the same mistake. They forgave the citizens of the country (hanged the leaders and Instead of demanding payment, provided financing for (west) Germany and Japan, which turned these two countries from bitter.
Friday, November 8, 2019
Understanding Evolution Resources
Understanding Evolution Resources Lately, there has been a large push by the federal government to incorporate more STEM (science, technology, engineering, and mathematics) in the classroom. The latest incarnation of this initiative is the Next Generation Science Standards. Many states have already adopted these standards and teachers everywhere are reworking their curriculum to make sure all students are proficient at all standards set forth. One of the life science standards that must be integrated into courses (along with various Physical Science, Earth and Space Science, and Engineering standards) is HS-LS4 Biological Evolution: Unity and Diversity. There are many resources right here at About.com Evolution that can be used to enhance, reinforce, or apply these standards. These are just a few suggestions for how these standards can be taught. HS-LS4 Biological Evolution: Unity and Diversity Students who demonstrate understanding can: HS-LS4-1 Communicate scientific information that common ancestry and biological evolution are supported by multiple lines of empirical evidence. The first standard that falls under the umbrella of evolution starts off right away with the evidence that backs up evolution. It specifically says multiple lines of evidence. The clarification statement for this standard gives examples like similar DNA sequences, anatomical structures, and embryonic development. Obviously, there is a lot more that can be included that fall into the category of evidence for evolution, like the fossil record and the Endosymbiont Theory. The inclusion of the phrase common ancestry would also include information about the origin of life on Earth and could possibly even encompass how life has changed over Geological Time. With the big push for hands-on learning, it will be important to use activities and labs to increase the understanding of these topics. Lab write-ups would also cover the communicate directive of this standard. There are also Disciplinary Core Ideas that are listed under each standard. For this particular standard, these ideas include LS4.A: Evidence of Common Ancestry and Diversity. It does, again, put an emphasis on DNA or molecular similarities of all living things. HS-LS4-2: Construct an explanation based on evidence that the process of evolution primarily results from four factors: (1) the potential for a species to increase in number, (2) the heritable genetic variation of individuals in a species due to mutation and sexual reproduction, (3) competition for limited resources, and (4) the proliferation of those organisms that are better able to survive and reproduce in the environment. This standard looks like a lot at first, but after reading through the expectations outlined in it, it is actually quite simple. This is the standard that will be met after explaining natural selection. An emphasis outlined in the framework is on adaptations and especially those in behaviors, morphology, and physiology that help individuals, and ultimately the entire species, survive. It is important to point out there are assessment limitations listed in the standard that other mechanisms of evolution like genetic drift, gene flow through migration, and co-evolution are not covered by assessments for this particular standard. Even though all of the above may affect the natural selection and push it in one direction or another, it is not to be assessed at this level for this standard. The Disciplinary Core Ideas listed that pertain to this standard include LS4.B: Natural Selection and LS4.C: Adaptation. In fact, most of the remaining standards listed under this big idea of Biological Evolution also pertain mostly to natural selection and adaptations. Those standards follow: HS-LS4-3 Apply concepts of statistics and probability to support explanations that organisms with an advantageous heritable trait tend to increase in proportion to organisms lacking this trait. HS-LS4-4 Construct an explanation based on evidence for how natural selection leads to adaptation of populations. (Emphasis for this standard includes using data to show how changes in the environment contribute to a change in gene frequency and thus leads to adaptation. HS-LS4-5 Evaluate the evidence supporting claims that changes in environmental conditions may result in: (1) increases in the number of individuals of some species, (2) the emergence of new species over time, and (3) the extinction of other species. The final standard listed under HS-LS4 Biological Evolution: Unity and Diversity deals with the application of knowledge to an engineering problem. HS-LS4-6 Create or revise a simulation to test a solution to mitigate adverse impacts of human activity on biodiversity. The emphasis for this final standard should be on designing solutions for a proposed problem related to threatened or endangered species or to genetic variation of organisms for multiple species. This standard may take many forms, such as a long-term project that pulls together knowledge from several of these, and other Next Generation Science Standards. One possible type of project that may be adapted to fit this requirement is an Evolution Think-Tac-Toe. Of course, having students choose a topic that interests them and develop a project around that is perhaps the best way to go about meeting this standard.
Wednesday, November 6, 2019
Partnership Law Assignment The WritePass Journal
Partnership Law Assignment Introduction and Issues Partnership Law Assignment Introduction and IssuesAppointment of Tina and / or HelenExpulsion of JuliaArbitration ClauseLiability of Michael as AgentConclusions and SummaryBibliographyRelated Introduction and Issues The facts presented here indicate that a partnership has been set up between three individuals and that there is a partnership agreement in place to deal with the operation of the business. Several factual situations have arisen and this will require the partners to look at the agreement entered into between the parties, as well the statutory provisions that are contained within the Partnership Act 1890 (PA). When looking at the situations being presented here, it is recognised that there is a partnership agreement in place and this would need to be seen in its entirety, in order to advise fully. Based on the above, this discussion will look at the facts presented and the extract of the agreement, alongside the statutory provisions, in order to determine ultimately the way in which the various issues raised can be dealt with. This will depend on a combination of the statutory provisions and anything that may be in a partnership agreement. As the partnership agreement has not been see n, the basis of this advice is that the partnership agreement is in keeping with the statutory and common law provisions. Four key issues have been identified and will be discussed in turn. Firstly, there are queries in relation to the potential appointment of either Tina or Helen, both of whom are related to Andrea and for slightly different reasons she wishes them to be included in the partnership. Secondly, there is a question in relation to the potential expulsion of Julia from the partnership. Thirdly, a suggested arbitration clause has been requested and is contained below. Finally, there is the query of the liability of Michael to the supplier and his relationship with the partnership and the supplier, i.e. whether he was acting as an agent. Therefore the supplier could legitimately bring an action against the partnership for the money owed or the question as to whether Michael would be liable personally. Appointment of Tina and / or Helen There are duties placed upon partners by virtue of their entering into partnership arrangements. These are stated in the Partnership Act 1890. Firstly, there is the duty to act in the utmost good faith towards the other partners. Secondly, there is a duty for the partners not to make a personal profit and not to place themselves in a position when the interest conflicts with their duty. As there are three partners within the current partnership arrangements, a majority i.e. two of the partners would be able to agree the inclusion of another partner. In principle, therefore, if Catherine remains unhappy about the proposition, she alone could not block this appointment. It is however argued, particularly in the case of Tina, that Andrea is acting in breach of her fiduciary duties to the partnership by attempting to include Tina, simply so that the partnership could remain within her family, in the future. There is a strong argument that putting Tina forward is a conflict of interest and therefore should not be allowed by virtue of the Partnership Act. Therefore, Catherine could present this argument, even if she remains in a minority. The position in relation to Helen is somewhat more complex, as it could be argued to be in the partnerships best interests to recruit a much needed bookkeeper who is suitably qualified. As it would seem that Andrea and Julia would vote in favour of including Tina and Helen in the partnership, it would then be up to Catherine to argue that Andrea is acting in breach of her duties. It would be considerably easier for Catherine to prove this in the case of Tina who seemingly has no purpose in the partnership save as to further Andreaââ¬â¢s interests. In reality, however, it would be necessary to look at the provisions of the partnership agreements, in order to ascertain what would happen in the event of a dispute. The ultimate sanction for a partnership that is no longer tenable is the winding up of the partnership and this may not be desirable to any of the partners (section 26). In that case, consideration should be given to any arbitration of the possibility or the opportunity of one party to buy another out. It is not clear what provisions are contained within the partnership agreement for this and therefore the rules established in the Partnership Act 1890 prevailed on the partnership, with the danger of being wound up, if no agreement can be reached. It is also noted that, in accordance with clause 20, a notice of expulsion could be issued upon Andrea stating that she has breached her duties as a partner within the partnership. Although Catherine is unhappy with their actions, there is no indication that Julia is insufficiently unhappy that she is likely to be willing to pursue this route, although it does present a potential option in the event that both Catherine and Julia feel sufficiently strongly that Andrea is breaching her duties, in attempting to ensure that the partnership stays within her family, in the future. Expulsion of Julia Firstly, it is noted that, in accordance with section 25 of the 1890 Act, there is no immediate right for the majority to expel a fellow partner within the partnership. Therefore, it is necessary for Andrea and Catherine to look at the provisions of the partnership agreement, in order to ascertain whether or not they have any legitimate way to expel Julia, based on recent events. An alternative would be to look at the dissolution of the partnership and there are certain conditions within the Act which allow for this, although at this stage it is not perceived to be the desirable route and instead both Andrea and Catherine are looking towards the clauses within the partnership agreement, in order to expel Julia. An extract of the partnership agreement, namely clause 20, has been provided and it is recognised that there may be additional clauses within the agreement which have not been seen that could impact on the advice given. However, for the purposes of providing this advice, claus e 20 will be looked at. It is possible for the remaining partners to provide a notice in writing to the partner who is in breach of clause 20, terminating their position within the partnership, if the partner acts in a way that is a breach of their duties, or if they have acted in a way that is contrary to good faith between the partners, such notice may be provided. In this case, Julia has been convicted of a criminal offence namely drunk and disorderly behaviour, with a recognition that Julia is undergoing difficult personal circumstances. The question here would therefore be whether this conviction is such that it breaches one of the partnership duties, or creates a situation where it cannot be said that Julia is acting in good faith, going forwards. It is suggested that, due to Juliaââ¬â¢s current level of distress, there is a strong argument that the necessary good faith between the partners has irretrievably been eroded and that clause 20 is then utilised in order to expel Julia from the partnership. In the alternative to taking a litigious approach and given Juliaââ¬â¢s existing unhappiness with the attempted changes from Andrea, a form of settlement may be possible, or arbitration to resolve the situation. It is unclear as to whether these situations are dealt with within the partnership agreement and further investigation is necess ary to prevent a potential dissolution or battle in relation to the expulsion of Julia. It is, however, concluded that the actions of Julia are sufficiently severe that they could be used in order to expel her. Arbitration Clause As evident above, it would be advisable for the partnership agreement to have some form of dispute resolution mechanism in place. A suggested wording for such arbitration or dispute resolution mechanism is as follows: ââ¬Å"Except as otherwise provided, any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, or the legal relationships established by this agreement, shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration, which Rules are deemed to be incorporated by reference into this clause. (a) The number of arbitrators shall be one. (b) The seat, or legal place, of arbitration shall be London. (c) The language to be used in the arbitral proceedings shall be English. (d) The governing law of the contract shall be the substantive law of England and Wales. 33.2 This clause shall be without prejudice to the rights of any party to seek any injunctive or similar relief from the courts to protect its intellectual property rights, confidentiality obligations, restrictions on the activities of any Partner or former Partner or other rights of any description.â⬠This offers a dispute resolution mechanism that is both certain and efficient in dealing with such disputes and does not require the dissolution of a partnership unnecessarily. Liability of Michael as Agent Finally, there is the issue of Michael who did not become a partner who was sufficiently involved at the outset that his name has been placed on stationery. The firm purchased equipment from a personal friend of Michael, based on this personal relationship, with the belief that Michael was a partner in the firm. The question here therefore is whether it is reasonable for the company to be taking action against Michael personally, or whether he was acting as an agent for the firm. Typically, where an individual is acting as an agent between the firm and the supplier and this is known by supplier, it is the firm that would remain entirely liable for any agreement entered into. However, in this case, it would seem that Michael was acting as for an undisclosed principal and the supplier was not aware that they were in fact contracting with the firm, which was a partnership which did not include Michael. The supplier seemingly believed that he was contracting directly with Michael as a partner within the firm. When this is the case the third party i.e. the supplier, has a choice as to whether they enforce the contract against the principal, i.e. the firm or the agent, i.e. Michael. The actual discussion or arrangement with Michael is not clear; however, it is known that Michael had his name on the stationery used to communicate with the supplier. Therefore, it would seem reasonable to suggest that the supplier would have felt they were dealing with Michael personally or at least as part of the firm. On this basis, and with the fact that the supplier is now concerned about the financial validity of the firm, it would seem likely that the firm is going to look towards Michael personally to be liable for the contract. Conclusions and Summary The position within this partnership remains volatile, with three separate partners all of whom have agreed to the partnership agreement, all having disputes of some nature with each other. Fundamentally, however, in accordance with the Partnership Act 1890, it is necessary for each partner to be acting in good faith and to the overall benefit of the partnership and not on their own account. This standard will need to be borne in mind when looking at Andreaââ¬â¢s proposition of bringing on board both of her daughters. There is seemingly little argument in favour of the partnership bringing on board Tina; however, this is slightly less obvious with Helen, as she brings necessary skills to the partnership. The majority of the partnership cannot vote to expel an individual, in this case Julia, unless such conditions are contained within the agreement. According to the extract of the agreement provided, an expulsion is possible where the partner was not acting in good faith. A crimina l conviction does not necessarily indicate bad faith and this would be a matter of fact to be determined by the two partners looking to expel Julia. Finally, there is a strong argument that Michael, by virtue of the firm stationery and potentially any discussions with the supplier, will be held personally liable, having acted as an agent for an undisclosed principal. Bibliography Atwood v Maule (1868) 3 Ch App 369 Blisset v Daniel (1853) 10 Hare 493 Partnership Act 1890 section 24 r.7 Partnership Act 1890 section 25 Maillie v Swanney (2000) SLT 464 Morse, G (2010) Partnership Law, Oxford University Press. p.153 Sealy, L Hooley, R Commercial Law: Text, Cases and Materials, OUP. P.122 Watteau v Fenwick, [1893] 1 QB 346
Monday, November 4, 2019
The process of DNA fingerprinting Essay Example | Topics and Well Written Essays - 750 words
The process of DNA fingerprinting - Essay Example The sides that make up the DNA are twisted around each other in a spirally way. Each turn of the spiral staircase of the DNA is made up of ten rungs. DNA strand is composed of nucleotides that consist of phosphate, deoxyribose sugar and four nitrogen bases (adenine, cytosine, guanine, and thymine). According to Hess and Orthmann (2012, p. 147), ââ¬Å"the linking of the nitrogen bases results to nucleotide sequence which is distinct and different for every person, thereby determining a personââ¬â¢s individual characteristics.â⬠Production of DNA fingerprint involves many diverse steps: the first step of DNA fingerprinting however begins by one obtaining a sample of DNA from materials such as blood, semen or saliva (Bevans 2014). Vaginal fluids, skin, or skeletal remains can also provide samples for DNA fingerprinting. In case of plant, hair roots are good samples. Through employing the current biochemical techniques, one can also multiply the number of DNA present by use of methods such as polymerase chain reaction (PCR). However, some competent researchers have the potential to work with very small samples such as hair root. To access the DNA from the collected samples, some cells are isolated from the sample and then split open. After splitting the cells, the DNA is separated from the cellular debris. The isolated DNA is then treated endonuclease enzymes/ restriction enzymes (specialized enzymes that cut the sugar-phosphate bond of DNA) that cut the DNA at specific sites into small fragments (Reeve 2014). Due to variation of minisatellites composition of different individuals, the DNAs are cleaved at different points resulting to fragments of varying lengths. The different lengths of the DNA fragments are referred to as restriction length polymorphisms (RFLPs). The different sized of the fragments are easily observed by aid of an experiment called Gel Electrophoresis. After cleavage stage, the DNA portions are then introduced to one end of agarose gel (thin
Friday, November 1, 2019
CRIMINAL BEHAVIOUR - RESTORATIVE JUSTICE VICTIM OFFENDER MEDIATION, Essay
CRIMINAL BEHAVIOUR - RESTORATIVE JUSTICE VICTIM OFFENDER MEDIATION, POSITIVE IMPACT, CONSIDERATION OF VICTIMS IN CJS, NEGATIVE IMPACT, DOES RESTORATIVE JUSTIC - Essay Example Punishment and penal institutions, which, ideally, should be the answer to this malady, seem to produce an angrier, undesirable convicts more likely to become recidivists. Judicial systems and policy makers are, thus, under public pressure to find alternatives to traditional justice systems. Ruth Morris (1994) explains that a shift to alternative models is practical because, first, it is expensive to maintain prisons and finally, incarceration and punishment is unjust and immoral. ââ¬Å"Our retributive justice system is based on a spirit of revenge which does not satisfy the primary healthy needs of victims, offenders, or society.â⬠(Morris, 1994) One of the emergent alternatives to traditional justice systems is the restorative justice model. Currently, it is being integrated and used in criminal justice systems of some countries like the United Kingdom. Restorative justice, according to Les Davey, Director Real Justice United Kingdom and Ireland (March 2005), are the processes that respond to crime and wrongdoing by involving victims, offenders and their communities of care, that is, their family and friends. ââ¬Å"Restorative Justice centers around hearing what harm a crime has caused, and finding the best way to address that harm.â⬠(Mediation) Paul McCold, et. al. (May, 1998) coined the words ââ¬Å"full restorativeâ⬠if all the participants are involved in the process, ââ¬Å"mostly restorativeâ⬠if there are two stakeholders and ââ¬Å"partly restorativeâ⬠if there is only one party involved. ââ¬Å"Restorative justice sometimes happens in the context of a courtroom, and sometimes within a community or nonprofit organization. In the courtroom, the process might look like this: For petty or first-time offenses, a case may be referred to restorative justice as a pretrial diversion, with charges being dismissed after fulfillment of the restitution agreement. In more
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