Leadership In Enders Game Essay

Ender represents the best picture of leadership. He is dedicated to learning, to doing well, is innovative, comprehends everything he sets his mind to, has strong self-awareness, has strong group dynamics-awareness, understands power dynamics, and is understanding and compassionate towards those he leads. He understands that he has to sometimes do things that he doesn’t want to, to have a point made or a mission accomplished. He knows how to evaluate talent and abilities and knows how to adapt his strategy around the tools and people he has been handed. The flexibility to adapt and his ability to out-think his opponents makes him trustworthy and most important, people want to follow Ender. They want to him to lead and they want to follow him. Ender knows that the best strategy for defeating the Buggers is for him to train every one of his guys to think like a commander, so that in the course of battle, each individual is fully capable of being decisive and making key choices to be responsible for their side. Ender had incredible awareness of every moment and how he quickly adapted to whatever came his way. He had the ability to asses each situation, weigh the pros and cons, and act only on what was necessary for his survival. He made sound and timely decisions and he also demonstrated that he was technically and tactfully proficient. He never acted on ego, vengeance, pride or greed. His motives were straight, even as he fought his own inner battles. A lesson learned was that Building Loyalty was important when having, being a part of or leading a group of individuals. For example, when Ender became a commander of a green Army, he doesn’t immediately order them around. He develops relationships and respect amongst his soldiers. He was insuring that he wasn’t a friend but more of a respected commander. Being able to Develop Flexibility and Teamwork Above All Else was also an important lesson. Despite the fact that Ender’s soldiers were overworked; the Dragon Army won every single situation that was thrown at them. Flexibility and independence helped the Dragon Army to succeed in face of impossible odds. Having particular friends was a lesson that took him far in some cases. Ender was an outcast but he managed to befriend Alai, Dink, Petra and Bean. They just happen to be the best of the best. These friendships don’t provide immediate benefits to Ender but these friends become invaluable during Command School. Buddy up with the best, you never know when you’ll work with them. There are many lessons to take away from this book but there is also guidance as to what not to do. It’s important to learn from your mistakes as well as learn from others mistakes. For example, don’t think you’re all that. Many children at the Battle School resent Ender because he was the best. If Ender was the best, that means that these kids aren’t the best. A blow to the ego when all you were thinking was that you were the best. The true leaders, such as Dink and Petra, put their own egos aside and gave Ender appropriate respect. Don’t judge based on appearance alone. Ender was small and young, Petra was a girl, and Bean was tiny and arrogant but all of them are exceptional. A true leader can see beyond the surface and see true potential. Don’t react emotionally. Doing so can burr a mission and make decisions selfish. Bonzo failed as a leader because he ran on his emotions. Bonzo made decisions based on emotions, not logic. That type of decision-making lead to his death. Ender functioned differently. He channeled his anger using logic. Good leaders can put their emotions aside when necessary. And lastly, don’t stop learning. There is always room for improvement no matter who you are. Ender continually matured as a leader, throughout the story. This book is in the commandants reading list because it uses military mindset along with the important traits that the marine corps wants us to have instilled in ourselves as marines. The obvious would be the leadership characteristics that are possessed by the main character. Another would be the whole scenario of the school itself. Ender left home to enter a different world. Every marine has been through this. It’s an adjustment that we all have gone through and we have all learned these same lessons along the way weather we are aware that we have or not.

Jawaharlal Nehru Essay

Jawaharlal Nehru was the first Prime Minister of India. His Prime-Minister-ship was marked by social and economic reforms of the Indian state. A number of foreign policy landmarks like the founding of the Non-Aligned Movement also marked the tenure of Jawaharlal Nehru as Prime Minister. Jawaharlal Nehru became Prime Minister on the 15th of August 1947. His ascension was plagued by controversy and a bitter power struggle within the Congress Party. The internal struggle of the party was symptomatic of the larger struggle within the Indian Republic itself. The initial period of Jawaharlal Nehru as Prime Minister was marked by communal violence. Jawaharlal Nehru was forced to concede the creation of Pakistan as per the wishes of the Muslim League leader the leadership of Muhammad Ali Jinnah. Communal violence enveloped the entire country during this period. Maximum bloodshed was witnessed in the national capital Delhi. The Indian states of Punjab and West Bengal also witnessed fierce bloodshed. The first Prime Minister tried to defuse the explosive situation by visiting the violence affected areas. He toured the riot stricken areas with Pakistani leaders to reassure those affected by the violence. Nehru promoted peace in Punjab during that momentous period in Indian history. The secular nature of Jawaharlal Nehru was best exemplified during those times. He took active steps to safeguard the status of Indian Muslims. The first Prime Minister Jawaharlal Nehru was one of the first Indian policymakers to understand the importance of cottage industries in the Indian economy. The development of such small scale industries infused much needed production efficiency into the rural Indian economy. The Cottage Industries also helped the agricultural workers to have a better quality of life. This is due to the additional profits generated by the farming community.

1. Research the term children as zones of peace. 2. Research a recent Essay

1. Research the term children as zones of peace. 2. Research a recent example of environmental refugees - Essay Example ram revolve around vaccination analysis and illness regulation; however, after years of development, other projects such as post-violence regulation and national intervention are now inclusive. Nonetheless, CZOP faces many challenges based on the origins of conflict such as political backgrounds and logistics. Decisively, for the Children as a Zone for Peace to be effectual at a particular region, they aim at creating a partnership with the authority or prominent stakeholders for easy execution; moreover, they have negotiation strategies for places where the children still face violence. Secondly, the CZOP also deals in resource control, development and circulation; largely, for all of their initiatives to succeed communication is a core aspect with the children and other involved parties (WHO 1). Last year, the leaders of CZOP introduced a new initiative that bases on incorporating children issues in political campaigns and states’ constitutions; however, this is just a small part of its development. In 2014, CZOP announced its partnership with multiple non-governmental organizations that also focus on campaigning about child health and welfare both on national and international levels. Environmental refugees are the people displaced after natural calamities occur i.e. earthquakes or the drastic rise of sea levels that destroys people’s homes and generally everything near these places. The disasters leave these people without shelter, food or any of the important necessities forcing them to migrate or look for other means of survival (Mante 1). However, there are temporary and permanent environmental refugees depending on the depth or impact of the disaster i.e. earthquakes or forests fires sweep away everything hence the people affected are permanent environmental refugees but calamities such as drought make the victims temporary environment refugees since there are possibilities of going back. There are the popular calamities that left millions of people

UnitedHealthcare Group Assignment Example | Topics and Well Written Essays - 1000 words

UnitedHealthcare Group - Assignment Example The purpose of the essay is to measure the readiness of the organization and to observe the strategic plans that would be required to be incorporated by the organization for satisfying the healthcare requirements of the citizens in the next decade. The citizens of next decade will have several additional healthcare requirements in comparison to people of present generation. As a consequence, the staffing requirement for specialized workers in several medical occupations (such as nurse) will also rise in the next decade. In present days, people largely neglect the personal healthcare aspects such as diet, exercise and sleeping requirements and significantly engage in several unhealthy activities such as smoking and drinking among others. Besides, increasing level of stress and obesity issues has also become prevalent for people. Several studies depicted that in the United States (US), 50% of deaths are attributed to preventable actions and negligence of people to several manageable as pects. Thus, in the next decade there will be requirement for better health programs along with providing awareness education which can lead to change in behavior of people. Furthermore, in the next decade, citizens are expected to gradually undertake higher responsibilities for healthcare. This, in turn it will increase the requirement of tailored healthcare delivery in terms of better healthcare products and services. As citizens would require bearing the financial stress of handling healthcare issues, they will require effective direction through better healthcare plans. For instance, according to the statistics of ‘America’s Health Insurance Plans’ in 2007, almost 4.5 million Americans were covered with effective healthcare plans.

THE CAPTIVITY AND RESTORATION OF MRS. MARY ROWLANDSON Essay

THE CAPTIVITY AND RESTORATION OF MRS. MARY ROWLANDSON - Essay Example s though, the presence of the English were clearly threatening their control of the territory in which they have already established agricultural interests. However, Mrs. Rowlandson, who was captured by the Native Americans, was able to observe the cultural values of her captors. During her captivity, she was able to realize that the Native Americans did have their own degree of civilization although this may not fall within the standards of the Europeans. Just like the rest of the colonists though, Mrs. Rowlandson actually had the impression that the Native Americans were plainly uncivilized brutes. In the narrative, that attack made by Native Americans on the English population only reinforced her very negative impression. She wrote that â€Å"on the tenth of February 1675, came the Indians with great numbers upon Lancaster.†1 She then proceeded to describe the brutality that the Native Americans attacked every household in the community. It was during the attack also that her home was burned down by the raiders and she and the members of her family were abducted. Her children were separated from her. The only one that was with her as she was carried away by a group of Native Americans was her youngest child, who was still a baby. It was not only her prejudice of the Native Americans that made her conclude at this point that they were indeed heathens. What she saw was more than enough to strengthen such notion. However, her r eligiousness might have been a factor also. Apparently, she had not exactly seen hell but when she saw how the Native Americans celebrate, she described the place as a â€Å"lively resemblance of hell.†2 During the course of her captivity though, she began to notice that the Native Americans are not at all the savages that she thought they are. This perspective was developed during that time when she was already made to work for those whom she considered ‘masters.’ It was also at that time when she noticed that the Native

PRoject Research Paper Example | Topics and Well Written Essays - 2000 words

PRoject - Research Paper Example Its main components are feldspar and quartz, even though, there are small amounts of amphiboles, mica, and numerous other elements. Due to the varying composition of the granite rock, it comes in various shades and colors such as white, pink, red and gray. Mable, on the other hand, is the metamorphic rock that will be formed when limestone is exposed to the pressure and heat of the metamorphism. Its main component is calcium calcite and normally can have other minerals such as quartz, clay minerals, graphite, iron oxide, pyrite, and micas. Under the intense condition of metamorphosis, the calcite components of the limestone rejoin each other and form larger calcite crystals. Nigeria has its unique culture that is also in cooperated into their business world. One is likely to find self spending in the first two hours of a first conversation just exchanging pleasantries and talking about matters of family and health. To them, these matters are of great importance. One might find himself trying to rush things at this stage. Something that is worth noting is that Nigerians often work as a team and closed door meetings are bound to be frequently interrupted by phone calls, emails, and errands. Some scholars have argued that the law of supply and demand is enough to shape the business world in any region, however, others argue that politics is very vital for business in any region of the world. However what is now known to be true is that lots of political factors determine which direction the economy swings. The ruling government in Nigeria often introduces new rules and regulations or eliminate old ones that determine how business transactions in the country are to be countries out. By this, may include; waivers, import promotion decrees, tariffs, import duties and industrial promotion policies. It can is best illustrated by the 2004 import waiver of Dangote Industries that enabled the firm to

Adjusting entries Assignment Example | Topics and Well Written Essays - 750 words

Adjusting entries - Assignment Example One of the steps included in the accounting cycle is the recording of adjusting entries. Adjusting entries are always needed every time a company prepares financial statements. At the end of the accounting cycle the four financial statements are ready to be prepared and published for the users of financial information. â€Å"Adjusting entries are needed to ensure that the revenue recognition and matching principles are followed† (Weygandt & Kieso & Kimmel, 2003, pg. 91). Adjusting entries are necessary because they are one of the steps of the accounting cycle. The fourth step of the accounting cycle is to journalize and post adjusting entries (Cliffnotes, 2011). Accounting entries exist to make sure revenues are recorded in the period in which they are earned, and expenses are recognized in the period in which they are incurred (Weygandt, et al. 2003). Accounting results are supposed to be reliable and accurate. The use of adjusting entries adds validity to the claim of accura cy in accounting work. A financial statement that benefits from adjusting entries is the balance sheet because adjusting entries allow accountants to adjust the assets, liabilities, and equity accounts. The four types of adjusting entries are prepaid expenses, unearned revenues, accrued expenses and accrued revenues. Prepaid expenses are expenses that are paid in cash by a company before they are consumed. These types of transactions occurred for a variety of reasons including contractual obligations. In the insurance industry it is common practice for insurance coverage to be signed in yearly contracts that must be paid in full prior to coverage starting. In this type of transaction the company receives benefits as time passes. An adjusting entry is necessary to record the actual consumption of the expense. These types of adjusting entries are typically recorded on a monthly basis. The journal entry to record this adjusting entry is a debit to insurance expense and a credit to prep aid expenses. Another example of a prepaid expense is the recording of depreciation. Depreciation is recorded through the passage of time on a monthly basis. The second type of adjusting entries is unearned revenues. Unearned revenues occur when a client pays in cash for a service that has not been provided to them. An unearned revenues account is considered a liability because the company that took the payment owes the service to the client. A practice in which unearned revenues are a common occurrence is in the law practice. A lot of companies pay corporate lawyers retainers to be on call for any legal problem that may occur in the future. The lawyer must record the transaction when they are originally paid as unearned revenue. When the lawyer provides a legal service for the client the liability is reduced through an adjusting entry. The adjusting entry to record a service rendered to a client that had an unearned revenue pending is a debit to unearned revenue and a credit to ser vice revenue. The third type of adjusting entry is accrued revenues. Accrued revenue refers to transactions in which the business earned an income, but has not yet received payment for the work. Accrued revenues can accumulate over time in cases such as unpaid rent. Sometimes accrued revenues occur as a consequence of the company not billing the customer at the time the service is rendered. The typical adjusting entry for accrued revenues once service is provided is a debit to account receivable and a credit to service revenue. Companies that always receive payment in the form of cash at the moment the service is provided would not accumulate any accrued revenues. The fourth type of adjusting

Merits and Demerits of Bariatric Surgery in the Treatment of Type 2 Literature review

Merits and Demerits of Bariatric Surgery in the Treatment of Type 2 Diabetes Mellitus in Overweight and Obese Adults - Literature review Example Bariatric operations are basically grouped into totally restrictive, mostly restrictive, and mostly malabsorptive procedures (Ferrannini and Mingrone, 2009, p. 516) but the most common surgery performed is Roux-en-Y gastric bypass through which â€Å"between 33 and 77% of excess weight can be lost† (Buchwald et al., 2004, p. 1730). General consensus among clinicians is that the bariatric operations have proved to be particularly appreciative medical treatment for diabetes associated with obesity and cardiovascular diseases. Also research has it that all these surgical options are potentially capable of helping the diabetic patients in terms of fast recovery, weight adjustment, cardiovascular risk factors management, and significant reduction in mortality of 23% from a troubling 40% (Robinson, 2009, p. 521). Evidence about the role, credibility, and shortcomings of bariatric surgery as a thriving treatment option for type 2 DM is gathered through reviewing credible scientific j ournals and findings are discussed and scrutinized in this paper as an attempt to compare and contrast what different researchers have said on this subject so far. Literature Review For people having a BMI of at least 35 with significant comorbidities like diabetes, bariatric surgery is ruled out as a safe and healthy recommendation by the health care professionals as this is considered a wise decision with great payoffs (Robinson, 2009, p. 520). In a research study involving as many as 232 obese patients with type 2 DM from 1979 to 1994, it is claimed by MacDonald et al. (1997) that 154 out of them underwent gastric bypass operation and had their small intestines resected while the rest did not... Surgery is repeatedly claimed to be an effective early intervention for diabetes by different researchers. Much research has been done on the subject of effectiveness of bariatric surgery in weight loss and diabetes-related outcomes in the obese adults. Weight reduction is the first most strategy which should be considered by the diabetic patients as the progression rate of diabetes heavily relates to the obesity rate. A reduction in all-cause mortality is stressed in the literature on bariatric surgery and its implications because the surgical interventions largely aim at decreasing the weight as obesity in itself is a potential driver of many cardiovascular and metabolic dysfunctions. The charm of bariatric surgical interventions like gastric bypass surgery is that they are performed to achieve multiple targets and may or may not include weight loss depending on the situation. This means that diabetic patients of think physique can also go through bariatric surgery to have their di abetes treated only. However different sources cite that complications resulting from weight loss surgery vary and are frequent including nutritional deficiencies, kidney issues, bone fracture risks, postprandial diarrhea, and other metabolic bones diseases. Among the postsurgical complications, gastric dumping syndrome which involves bloating and diarrhea after meals forms the commonest complication of bariatric surgery performed to treat type 2 DM in overweight or obese adult patients.

Automobile Industry Research Paper Example | Topics and Well Written Essays - 2250 words

Automobile Industry - Research Paper Example Then Mr. Henry Ford came up with an idea of Car for Every one. With this idea he laid down the foundation of Ford Motor Company and start manufacturing cars at a large scale to reduce price, what we call mass production. New players also entered the market with different products than that of Ford like Mercedes, BMW, and GM. Automobile industry is facing immense competition these days which has shifted manufacturers' concern to reduce their cost. A right balance of input and outputs can give manufacturers the edge which will be helpful for them to increase their sales and their profit margins. All this happens due to the customers' better access to knowledge. These days the customers are better informed compared to the previous days therefore even the decision of an average customer is well informed. Along with being price conscious, customers are also after quality and fuel efficiency. The hiking prices of fuel have asked customers to look for a car with better mileage. The car markets are moving fast into globalization. One can find the best of BMW's car is being driven in India, the Mercedes in America and the Ford in United Arab Emirates. Hence the manufacturers are more looking for ways to have a centralized product research and development centre and manufacturing at lowest rates since the competi tion has enhanced due to globalization. Market Segmentation In terms of customers' buying practice, market can be divided into Fleet buyers, Business buyers and Private buyers. Fleet buyers are those buyers which buy cars in big numbers to further their business. They usually required cars which are low priced, good in fuel economy and can run smoothly for a considerable period of time without asking any major maintenance. They include hotels, cab companies, and car rental companies. Business buyers are those which buy cars to give their executives and employees. They require cars which match the designation of the person given the car. They usually go for moderately highly priced cars. Private Buyers buy cars for their personal use. Now depending upon their social class which they belong to, they have different choices of cars. Some buy low priced, durable cars from Toyota, Honda, GM and Ford while others may go for quality and performance and opt for BMW, Mercedes or Audi. There are some, like celebrities or people with big fortunes that buy cars as a status symbol and to show their taste for uniqueness. They usually go for Ferrari, Lamborghini, Bugatti, MayBach. Competitors' Analysis There are many players in the market striving to increase their size of pie. From America we have General Motors, Daimler Chrysler, and Ford Motor Co. From Japan we have Toyota and Honda. From Germany we have Mercedes, BMW and Audi and from Italy we have Lamborghini, Ferrari and Bugatti. But BMW faces a direct competition with Mercedes and Audi as they fall in the same class with respect to performance and price. 1. Mercedes Mercedes Benz is present in the industry in the form of a giant. Mercedes Benz is the major direct competitor to BMW just like Pepsi is for Coke. It is considered to be an established brand within the industry among many competitors and among customers. It has built great brand

Danger of Cell Phones Essay Example | Topics and Well Written Essays - 1000 words

Danger of Cell Phones - Essay Example The quantity of radioactivity energy immersed by an individual reduces with increasing space between the projection and the operator. Rendering to the United States’ Food and Administration (FDA), there is no adequate of scientific proof to link mobile phone through health complications (US Food and Drug Administration par. 4). Mobile phones do release radioactivity, but the intensities are stumpy for instance, those found in microwaves. Nevertheless, the Food and Administration has entreated a more exhaustive research to be carried, as there exist some indecision of lasting use (Adams 4). Mobile phones have developed technologically during the past few years. Cell phones can be utilized to convey text messages, take pictures, play games and access the internet as well. Mobile phones are used to carry out money transactions by sending and receiving money. Each of these stuff; nevertheless, are precarious when it comes to the usage of the mobile phone’s applications as well as driving simultaneously. Mobile phones present many risks since most operators are not conscious of the dangers (Adams 4). Most people text or talk as they are driving, which may be very unsafe. It makes the car driver to become preoccupied and so can result to an accident. Conferring to the NHTSA (National Highway Traffic Safety Administration), 16 percent of above 40,000 fatal accidents are triggered by an abstracted car driver (Pugh par. 3).

300 Weapons and Strategies Essay Example for Free

300 Weapons and Strategies Essay The movie 300 is an action movie that takes place in 480 B. C near Greece. It is about the famous Battle of Thermopylae that mainly involved both the Persians and the Spartans. The Persian army, led by a king named Xerxes, is in the process of taking over several Hellenic states in Greece. When Xerxes arrives at Sparta to strike a deal with King Leonidas (Spartan Army Leader) that he will have power over all of Greece if he will bow down to King Xerxes, Leonidas responds with retaliation against the Persians. King Leonidas assembles 300 of his toughest Spartan soldiers to take on the Persian army at the passage way of Thermopylae. Although severely outnumbered against Persia’s hundreds of thousands of men, King Leonidas and the Spartans hold off thousands of Persians from entering the passage for a few days. â€Å" Persian King Xerxes lead a Army of well over 100,000†. (IMBD) With Leonidas in battle, back at Sparta, Queen Gorgo( Queen of Sparta)desperately tries to persuade council to send more back up to Thermopylae to help King Leonidas. Unfortunately, the Spartans were betrayed by a recently rejected Spartan tryout named Ephialtes, who decides to pay back King Leonidas for his rejection. Ephialtes ultimately destroyed any chances of Sparta defeating Persia by informing Xerxes about an unknown secret Goat Passage that would lead Persia to the backs of the Spartan soldiers. Xerxes and the Persian army soon defeat Sparta but all in good name. Due to the motivation and courage of the 300 soldiers, they inspired all of Greece to go against Persia and fight. Part 2 After watching the movie, it is clear that most of the war tactics and strategies are very accurate to the actual real life battle that we knew. According to 300 Spartans, â€Å" This unit was produced of 300 Spartiati Warriors who were held in their highest esteem by their fellow citizens in Sparta†. (300 Spartans) So due to Sparta’s vastly outnumbered army size, military order was a major factor when battling. Not only was the order and position of their army an effective strategy, but it also helped favor Sparta and gave a competitive advantage when battling enemies who didn’t have such order. This was a major contribution to why King Leonidas wanted to battle at Thermopylae, also known as â€Å" Hot Gates†. This was a tiny area that made it favorable for smaller forces. â€Å" The pass of Thermopylae consisted of three ‘gates’ where the land narrowed in a favorable position foe a smaller army. The East and West Gates were extremely narrow, however, the Middle Gate while a little wider than the other gates is where the Greek warriors set up their defensive positions. (Spartan Warriors) King Leonidas spent a great deal of time focusing specifically on the training of his soldiers so they could be properly ready for battle. As shown in the movie, his formations for battle highly impacted what the outcome of the war would be. A repetitive battle formation used with Sparta was called the Phalanx. The Phalanx is a formation that lined up a small group of men pushing on the backs of the man in front with their shields giving no room for an enemy to slip by and eventually overcome them. â€Å" Now in actual fighting, it was a big shoving match with the front lines pushing against the enemy and each subsequent line pushing against the back of the men in front. (Military History) This was done by working his way into fighting in a narrow closed off area in hopes of entangling enemies and causing unexpected chaos. This would ensure the full potential of his warriors against Persia. Since Leonidas’ army was so well trained, they had no problem defeating Persian soldiers head to head. So to enhance battling conditions for Sparta, going between mountains, leaving only a small pathway for minimal enemies to get through at a time was standard and a critical way to fight for the best outcome. Now in the movie there is a small scene that shows Spartan soldiers dispersed and fighting one on one with several enemies. This was not an actual occurrence with Spartans because separating would have engulfed themselves with the multitudes of enemies that surrounded them. In the movie it is not entirely depicted correctly as even mentioned by, allexperts. com, â€Å" In actual combat, if the fighting broke down into man on man melee like shown in the movie, the Spartans would be easily overcome. †(Military History/Spartan Battle Tactics) Another important strategy for Sparta during battle was incorporating suitable terrain for their benefit. â€Å"The rugged terrain isolated groups and made the use of chariots and cavalry very difficult†. (Spartan Military) In reality this only seems to make sense but even in the movie there is a scene where Spartan soldiers are pushing enemy troops off a seaside cliff, thus incorporating the use of a rough terrain to their advantage. The movie 300 was very accurate in displaying these strategies several times exactly how they are described to be used in real life by the Spartans. King Leonidas stands his troops in the center of two mountains with a strong line of soldiers close together for support. With the soldiers in perfect Phalanx order, they could simply replace one another in an instant if a soldier ahead died. Perhaps a crucial reason for the use of the Phalanx order in Spartans history and even in the movie, is because back in these ages war was usually fought almost chaotic. Never before has an army seen this kind of developed order on the battlefield which took them by surprise and gave Sparta a huge advantage. Although the Phalanx and the rough terrain were similar in comparison to the movie and actual Sparta history, that can not be necessarily said the same about the weapons used. In ancient history, the Spartans weapons have consisted of a large unwieldy spear called a Dory. This was typically aimed out over their large eight-foot hoplite shield, called an Aspis. This was followed by a chest plate and a solid helmet. Even though the Aspis and the spear were displayed correctly within the movie, a major difference distinguished with the wielded sword. Within the movie is a surplus of swords either called the Spatha or the Kopis. These were typically larger and had a more dangerous appearance to them than the original Lakonian sword. This sword that was actually used in real Spartan history fighting looked almost like a dagger. † The reason the Spartans shortened their sword was just that. It was easier to use in tight confines of the Phalanx and the press of men†. (Spartan Military) But this makes sense due to the fighting strategies used by them. Not only was the weapons slightly off in the movie, but also the use of them is depicted false. When the small Lakonian sword was used, it would have only been used to stab when an enemy went for a slash. In 300, there are several scenes showing Spartans slashing and hacking Persians which is incorrect. All in all, the movie 300 is a somewhat spot on movie with how actual Spartan military forces used weapons and battle strategies. Even with a couple obvious differences, one could argue their similarities.

What Is Employee Engagement Management Essay

What Is Employee Engagement Management Essay In todays global world, in spite of the availability of modern and advance technology the human resource of an organization can not be ignored. It is in fact the talent of the employees that determines the success of an organization. The retention of talent helps organizations to gain competitive edge over rivals. Thus, every organization in 21st century is conscious about the engagement of its employees as it enhances employee performance and plays an important role in the achievement of desirable outcomes as productivity, profitability and turnover. Thus the purpose of writing this paper is to explore the drivers of employee engagement. The study also looks at Gallups employee engagement questionnaire that helps measure the level of employees engagement. What is employee engagement? The term employee engagement needs to be clearly understood by every organization. Some organizations perceive it as job satisfaction others say its the emotional attachment towards the organization. William H. Kahn (1990) defined employee engagement as the harnessing of organization members selves to their work roles; in engagement people employ and express themselves physically, cognitively and emotionally during role performance. Therefore to build an engaged workforce employees must be both emotionally and cognitively involved in job activities. There are a number of external and internal factors that help measure the level of employee engagement. External factors include organization environment; its culture and values, manager-subordinate relationship, relationships with co-workers, monetary benefits and appraisals. Whereas internal factors include the personal values of employee, personality type and commitment to work. Gallups research on employee engagement shows that there is a strong relationship between well being of an employee and the level of their engagement. An engaged employee is efficient an effective for the organizational outcomes. Review of Literature It is the manger who must create an environment for the employees to be both cognitively and emotionally engaged. And self efficacy may positively affect and enhance employee engagement- management effectiveness relationship. (Luthans Peterson, 2002). Research shows a strong relationship between employee engagement and desired outcomes of an organization such as productivity, employee retention, safety and customer service. (Beverly and Philip, 2006). There is considerable difference between job engagement and organization engagement. There several predictors of job engagement and organization engagement and both are related to individual consequences. (Alan, 2006). For a successful business employees should be engaged through effective communication. Therefore an organization should give priority to its human resource so that its employees can stand by in competition. (Nitin Vazirani, 2007). Amanda Ferguson in Employee Engagement; either it exists or if it does exist then how does it relate to performance. According to Amanda there is no proper and consistent definition of employee engagement and it measured the finding of Gallup organization i.e. what ever engagement might be, unfortunately the longer employee stay with an organization less engaged they become. William H. Macey and Benjamin Schneider in the Meaning of Employee Engagement wrote that an organization should establish conditions for the physical, emotional and behavioral employee engagement as it the key to competitive edge. Dr. Ram and Dr. Prabhakar (2011), in The role of Employee Engagement in work related outcomes studied that if an organization manages the engagement of its workforce it will resultantly enhance the motivation of its employees, increase their productivity, and decrease employee turnover rate. He also found that organizations that have an environment of learning and develop its employees have more engaged workforce. The level of employee engagement is determinant of productivi ty, employee motivation and retention. Markos and Sridevi (2010) wrote Employee Engagement; the key to Improving Performance in which they studied employee engagement positively affects the desired outcomes of an organization. Organizations with an engaged workforce can achieve its performance outcomes such as productivity, profitability, growth and customer satisfaction. Employee engagement has direct effect on productivity and growth. If employees are engaged they will try level best to fulfill their job responsibilities which will consequently lead to not only increase in organization productivity but will also enhance the self performance of employee. In the world of globalization only those organizations which have highly engaged workers can survive and grow. (Al-Aamri 2010). If an organization communicates effectively that change is necessary then employees can be engaged in their work, which will help the organization in implementation of its change strategy. (Sonenshien and Dholakia). Mentoring has a strong direct effect on every dimension of employee engagement. For the purpose of mentoring a web-based system should be adopted by an organization as it is the low cost method to monitor and improve the attitudes of employees. (Triple Creek, Employee Engagement research). How employees feel about their job as a direct impact on their work experience and it also effects the organization outcomes such as customer satisfaction, sales and profit. (Bulgarella 2005) Conclusion and Recommendations The term employee engagement is not yet defined properly and its definition is not consistent. Most of the research conducted on employee engagement considers its antecedents and consequences. The main focus of researchers has been the drivers of engagement and disengagement. But an organization can engage its employees only if the employees have the desired attitude. Therefore an organization should train its employees to change their attitudes if they want to properly manage workforce engagement. Further we reviewed the Gallups employee engagement questionnaire which is very much influential in business research as it can be used effectively for the empirical measurement of employee engagement.

The history and effects of child sexual abuse

The history and effects of child sexual abuse Child sexual abuse is definitely not a new or modern phenomenon and even though it was not necessarily acknowledged before the 1800s, it does not mean that it did not exist. Throughout history, documentation about child sexual abuse has existed, with references especially to Greek and Roman civilisations, as well as in colonial America and Europe (Bolen, 2002). Jean-Claude Chenais (1981), in a study using multiple data sources has been pivotal in the attitude changes in Western societies over the issue of child sexual abuse over the last hundred years. His studies have shown that due to a number of different contributing factors, in some European countries like Germany and France, child sexual abuse was so frequent as to be considered normal (Bagley King, 2004). As cited in Bolen (2002), in his research on classical childhood analysis of different historical eras, DeMause (1988), states that: The history of childhood is a nightmare from which we have only begun to awaken. The further back in history one goes, the lower the level of child care, and the more likely children are to be killed, abandoned, beaten, terrorised and sexually abused. In her research of historical child sexual abuse, Florence Rush has found that it is predominantly a phenomenon of the patriarchal systems in history, where children were considered as property of the father. In Talmudic law it is the tradition that a female daughter can be betrothed by her father by means of sexual intercourse after the age of three. Even though not encouraged, sexual acts including intercourse with a child younger than three years is not a crime. Such sexual activity with young girls was not discouraged by the Catholic Church either in history, as in a Papal decree of the sixth century stated that for a marriage to be valid it was copulating that was the overriding factor and consent only desirable. The age of the girl was taken into consideration for the purpose of betrothal where if the girl was not at least seven years old than this was considered invalid. Also, through history we find however that sexual abuse was not limited only to girls. Especially in Greece , it was popular to use boys for sex. It was also common to castrate young boys and buy or sell them as sex slaves (Bagley King, 2004). In its broad sense, child sexual abuse is when an older person forcibly engages in sexual activity with a child. The definition of the terms sexual assault on children or child molestation is different in different legal jurisdictions (Rowan, 2006). As cited in Kinnear (2007), child sexual abuse is defined by Fraser (1981) as being the exploitation of a child for the sexual gratification of an adult, whilst Baker and Duncan (1985) claim that [a] child (anyone under 16 years) is sexually abused when another person, who is sexually mature, involves the child in any activity which the other person expects to lead to their sexual arousal. In their 2003 report on the maltreatment of children, the Childrens Bureau of the US Department of Health and Human Services defines it as the involvement of the child in sexual activity to provide sexual gratification or financial benefit to the perpetrator, including contacts for sexual purpose, molestation, statutory rape, prostitution, pornography, exposure, incest, or other sexually exploitation activities (U.S. Department for Health and Human Services, Administration for Children, Youth and Families, 2005). The age of consent is also different from one country to another. However, it is commonly understood, that a child is not able to understand or willingly consent to sexual experiences with an older person. It is also acknowledged that there exists sexual experimentation between young people and therefore molestation charges are only enforced when the older person is sixteen or eighteen and that child is three or five years younger (Rowan, 2006). There are certain factors which categorise sexual encounters as abuse according to the World Health Organisation. As well as the age difference it also includes in the definition the misuse of a position of authority by the adult which then leads to sexual acts. The child must also be unwilling to participate in such acts even if he or she did not offer resistance. It also requires the attempt to touch the genitals or breasts of a child or make the child touch the ones of the adult. If the adult attempts to touch the child by exposing himself or if the child is undressed, made to, as well as the attempt to seduce or tempt to take to another place whilst psychology threatening the child (Fegert, 2003). Sociological definitions of child sexual abuse differ from the clinical or legal ones and whilst some are universally acknowledged some are less so even though equally important and influential (Lawrence, 2004). One of the definitions widely accepted by child protection services is that of Schechter and Roberge and it states that Sexual abuse is defined as the involvement of dependent, developmentally immature children and adolescents in sexual activities they do not truly comprehend, to which they are unable to give informed consent (Schechter Roberge, 1976). When researching child sexual abuse, it is common to associate this with the phenomology of pedophilia. When assessing and treating sex offenders however, professionals know that it is important to explore different variables that have an important role in such deviant sexual behaviour. The sexual preference and history, including any of crime or violence, are taken into consideration. Any other disorders such as endocrine or neuropsychological ones as well as any other biological factors are to be explored (Langevin, 2003). By definition, a pedophile is generally an individual who for no less than a period of six months fantasises about having sexual encounters with young children or is sexually aroused by the thoughts of such fantasies. Usually the sexual urges of such individuals are focused on children younger than thirteen years of age. Pedophiles can be frustrated from these urges and often suffer from interpersonal difficulties because of these sexual impulses. However, even i f not necessarily always the case, some pedophiles will act upon such fantasies and are usually only apprehended or brought to attention because of this. Most pedophiles are usually not necessarily disturbed enough about such fantasies about children and as a consequence do not seek voluntary medical help (Hall Hall, 2007). The key factor in the assessment of pedophilia is the age of the children for whom interest is shown. In its most strong forms, exclusivity is shown towards prepubescent children with no sexual urges or interest in other adults. Not all pedophiles however commit sexual offences with child victims and not all sex offenders with children are pedophiles (Seto, 2004). Dr Langevin (2003) noted however, that even though there seem to be a number of factors that are common between pedophile priests and other pedophiles in terms of sexual preferences, pedophile priests generally have less antisocial behaviour characteristics. In light of the huge amount of media coverage of the clergy abuse crisis in the last few years, it seems that even though much interest by the community has been sparked on the topic, little research has been carried out by psychological and clinical bodies. This may be due to a long existing mutual indifference between the Church and the mental health field. Only a few studies have actually addressed the issue of the pedophile priest or the priest who sexually abuses children. Despite the surmounting media coverage and attention of the issue providing an alarming public assumption that most priests are pedophiles, an American study estimated however that only 2% of priests are pedophiles whilst another 4% being ephebophiles. However, it is also taken into account that a probably large number of sexual abuse cases by the clergy are not reported (Plante, 1999). Michael Rezendes (2002), part of the Boston Globes Spotlight Team was one of the first journalists who brought attention to t he issue of child sexual abuse allegations against the American clergy. A year of investigations carried out by this team resulted in the resignation of Cardinal Bernard Law on the 13th December, 2002. This was mainly due to the exposure of a series of shortcomings and mistakes, in his handling of a well known pedophoile in Boston; Rev John J. Geoghan, where after being reported of sexual misconduct with children, he was reassigned. However, it was clear that Geoghn was only a sign of a more serious problem. The Spotlight Team investigated further into the Archdiocese of Boston and by the time of Laws resignation, had published over 800 stories. An earlier singular case which also received worldwide publicity however dates back to 1984, where Fr Gilbert Gauthe of Lafayette, Louisiana was charged on multiple counts of child sexual abuse. This was the first criminal case of its kind to receive such level of media attention and publicity and also was the first time that a civil suit was initiated against a diocese on the grounds of failure to protect children from a known abuser in its clergy (Murphy, Buckley Joyce, 2005). Dr Richard Sipe, a psychotherapist and psychiatrist as well as a former Roman Catholic Priest, wrote extensively on the subject of child sexual abuse and reports that even as early as 1976, before the big scandals broke out on the media, there opened a programme, the first, perhaps, in the world dedicated to the treatment of psychosexual disorders for clergy. This included the treatment of disorders which involved the sexual abuse of children. The need for such a programme and its preparation, years before i ts opening, shows that knowledge of Catholic Clergy who had problems of sexual misconduct was already widespread in the 1960s and 70s (Sipe, 1995). With such an increasing interest in the phenomenon of priests as sexual abusers of children, the Catholic Church seemed to be spiralling into a crisis as portrayed so by the media, with an increasing number of people coming forward with new allegations all over the world. Philip Jenkins (2001), as cited in Dokecki (2004) explores the terms of moral crisis as opposed to moral panic. In order to fully understand weather the Catholic Church was being victimised by a new panic born out of media frenzy or if the panic was due to a moral crisis deeply rooted in actual facts and reality of the problem, one must also explore the issue in its full context. It is worth noting and reflecting upon the possibility of child abuse scandal by clergy as being a classic example of social construction. This is not to belittle the seriousness of priests com mitting such lewd acts with children, but it is more a manner of asserting how the media portrayal of such events can impact the way it shapes the social response to it (Jenkins, 2001). The way that this issue in the US has been widely covered and reported by the media, it has undoubtedly generated a growing popular feeling of mistrust in the church. This might have been a trigger in the claim that the Catholic Church has been inefficient in its response to such abuses and allegations, as the increasing number of cases began to crop up all over America as well as the rest of the world. By 2004, the time of the Globes investigation of the Boston cases, it was reported that between 1950 and 2002, four thousand three hundred priests were alleged to have abused or molested almost eleven thousand children or adolescents (Paine Hansen, 2002). A study of child abuse committed by clergy which was conducted by the John Jay College for the United States Conference of Catholic Bishops in 2002 recorded these figures. However, this only reflects the numbers for those victims who actually reported their abuse and came forward to the Church authorities. Studies have shown that a great number of victims, especially males, never come forward to disclose their abuse to anyone and even more never report it to the authorities. It is also important to note that not all dioceses participated in this study and not all kept official and accurate records (John Jay College of Criminal Justice, 2002). In the matter of establishing whether the problem of child sexual abuse by clergy in the Catholic Church is just moral crisis as opposed to just moral panic, numbers alone do not suffice. It is often normally recognised for organisations and public entities to take defensive measures when dealing with such serious accusation against its employees or members. Most importantly the defense would most certainly be targeted against a blanket condemnation of the whole organisation. Sometimes, such corporations genuinely fail to recognise and acknowledge the fact that the destructive effects of such allegations have deeper roots than simply moral panic (Dokecki, 2004). Studies of other organisations entrusted with the care of children show that the prevalence of child sexual abuse is also of concern. In his study as reported in The Washington Times (1991), Patrick Boyle outlined that between 1971 and 1989 there were one thousand, one hundred and fifty seven reports of child sexual abuse out of a million volunteers (all adults) and four million member scouts; with the majority believed to be boys aged between eleven and seventeen. Case studies also seemed to indicate that in order to safeguard the image of the Boy Scout organisation, certain information was covered up in order to prevent the possibility of a crisis scandal. The police were not involved if the alleged abuser left the organisation. However, it was common practice for these offenders to move to other states and join new troops whilst those reported to the General Headquarters still managed to bypass the system and re-roll in new States (Boyle, 1994). Other studies of different organisa tions for youths and children also show sexual abuse incidents reported. These include institutions like the Big Brother Organisation, the YMCA as well as other athletic organisations and centres for child care-giving in day care institutions or families. In sporting organisations, the perpetrators were found to be involved in the majority of cases with a school; i.e., teachers or principals who appeared to have multiple victims, with one coach reported to have four hundred counts of sexual abuse. The majority of these cases occurred in the US, the UK and Ireland. In both the sports organisations and the Big Brother one, however, it seemed that legal action was taken against the perpetrators and screening processes put in place for all future volunteers (John Jay College, 2002). As seen from the community, the sexual abuse crises in the Catholic Church presented a larger moral shock than any other abuse scandal, predominantly because of the social status priests hold within the same community. The priest is believed to be not merely a man serving the pastoral functions for his church, but also a delegate of Christ on Earth. The priest is often held in a position of trust within society; where people look upon him as a source of comfort and advice. In Catholic communities the clergy are viewed as central and present in everyday life through their work within the parish and as reference points for the safeguarding of the souls (Cozzens, . However, priests do not only function in a society as preachers of the word of God. In most cases, they will take on the role of therapists, care-givers and educators. They do not only earn their loyalty from the altar, but mainly from being there for the sick, the troubled, the dying and the dead. It is understood, because o f such an intimate involvement in social and community life, that any case of sexual abuse by a member of the clergy will have relational and social implications as well as personal ones (Frawley-ODea, 2007). According to Lebacqz (1985), from an ethical perspective, priests are professionals and as such, a relationship of mutual trust needed. The clergy however go beyond our normal understanding of their sacramental office and thus in the relationship between priest and child, the typical power discrepancy is significantly amplified. This is so because the context of the relationship is the church and also the professional is a priest and the client a child (Dokecki, 2004). From their early years children are socialised to view the Church as a mother and a priest as a fatherly figure; hence also priests being called father.

Anne Frank :: Free Essay Writer

Anne Frank In 1933, the Nazis began to execute their plan to round up all the Jews within Europe and relocating them into concentration camps. There, they would be executed or forced to labor until death. In 1942, when the Nazis began to invade their country, the Frank family, who were Jewish, went into hiding in an attic of a warehouse and office building. The Franks' daughter, Anne, kept a diary throughout their entire stay in the so-called "Secret Annexe." Although all the members of the Frank family, except Mr. Otto Frank, perished during the reign of the Nazis, Anne's diary is still in existence today. Minutes before the Frank's were captured in their hiding place after a two-year stay, Anne wrote in her diary the words, "In spite of everything, I still believe that people are really good at heart." How could a young girl who had endured so much torture say such a thing? The answer is in the story of her undying courage and hope. Before Anne Frank went into hiding, she lead a blissful and joyous life. She was always surrounded by friends and boys alike, and her family was well-to-do. She was torn away from her happiness and placed into the harsh and cruel reality of the Nazi's realm at only thirteen years of age. All this only because she was Jewish. She stayed locked up in the top level of the warehouse with her family and another for almost twenty-five months, never being able to step foot outside. Such repression and life of fear would make almost any teenager completely depressed and more miserable than words can say. However, Anne Frank managed to keep her hope for a better tomorrow and her respect for the human race — a feat so great for such a young girl. Anne made a very powerful statement in her last words in her beloved diary. To truly believe such a thing after being abused by the Nazis is quite remarkable, indeed. I am very sure that most people, including myself, would have thought that the world was completely corrupt and humans were naturally cruel if they'd have gone through such times. By saying that all people are really good at heart, she was also saying that the Nazis were truly good at heart. She didn't feel hatred for her abusers, but sympathy because they stooped so low and were so prejudiced and ignorant.

Tales Of Simple :: essays research papers

Langston Hughes is represented in Black Voices by the Tales of Simple. Hughes first presents his character Jessie B. Simple in the Forward: Who is Simple? In this tale the reader is given its first look at the character Jessie B. Simple who is a black man that represents almost the "anybody or everybody" of black society. Simple is a man who needs to drink, to numb the pain of living life. "Usually over a glass of beer, he tells me his tales... with a pain in his soul... sometimes as the old blues says... Simple might be laughing to keep from crying" (98, 99). Jessie B. Simple, also known as Simple, has just the right combination of qualities to be Black America's new spokesman and unsung hero. Simple seems to possess just enough urban humor and cynicism, down-home simplicity, naivete, and "boy-next-door innocence" that Simple easily becomes a character that hard-working, average, everyday people can relate to. He quickly becomes this sort of Black Every man whose bunions hurt all the time and whose thoughts are relatively quite simple, yet he is a man who rises above these facts and has a perception that shows the man to have great wisdom and incredible insight. And although he maintains seriousness for all his wisdom to come through; his presentation of the facts is given in a humorous manner. In Bop, "That's why so many white folks do not get their heads beat just for being white. But me --- a cop is liable to grab me almost anytime and beat my head- just for being colored " (105). This side to Simple is an example of Hughes attempt to give simple facts or actual truth but instead of telling these things harshly and angrily he tries to sweeten them with a little sarcastic humor. At times, Simple is full of pain. "I have had so many hardships in this life," said Simple, "that it is a wonder I'll live until I die" (105). This comment by Simple is one of Ramsey 2 many that help portray him as a simple man who has been both mentally and physically broken-down by society but who in Census also says that, in spite of all the hardships he has experienced, he is still here. Hughes, by using Simple, shows his discontent of the black man's world, yet in showing these feelings Hughes never portrays himself to be angry, overcome by fear, or overwhelmed by racial paranoia.

Freedom of Speech in Cyberspace -- Internet Web Papers

Freedom of Speech in Cyberspace Introduction As the Internet has become more widely recognized and used by people all over the world, it has brought a new medium in which information can very easily be broadcast to everyone with access to it. In 1995 there was a projected 26 million Internet users, which has grown to almost 300 million today. One major problem with this is that everyone represents different countries and provinces which have different outtakes on certain types of freedom of speech as well as different laws about it. This proposes a new type of law that would need to be written in order to determine whether or not something is illegal on the Internet. A person in one country can express what they want to, but that expression may be illegal in another country and in this situation whose laws are to be followed? What I propose to do accomplish in this paper is to discuss the freedom of speech laws of the United States of America and those of France, China, and Canada. I will examine what about them is simila r and what about them is different. The bringing of the Internet has brought many new types of businesses as well as ways in order to communicate with the world, but as with each new endeavor or invention, there needs to be a way in order to govern its use and policies. There must also be ways in order to punish those not following the new laws and policies of use, since that the country that the person is in may allow what they did, but it may not be allowed on the Internet or in a different country. In other words, there is the need for international laws governing the Internet. Freedom of Speech in Other Countries France One famous discrepancy in speech laws differing in two countries was that of the United States of America and France in the year of 2000. The French government was suing Yahoo!, a US web search company who also has a sales division. Yahoo! had web pages that were selling Nazi memorabilia on its US based website. â€Å"The charge was that the company had violated French laws prohibiting the advertisement, exhibition or sale of any objects likely to incite racial hatred, and that it had offended the 'collective memory' of the country - an allusion to the Holocaust years - by allowing online auctions of Nazi paraphernalia.† One may think that this case would end easily by saying that a US based web... ... US is a successful one. People should have their right to thought and to express what they believe and think freely to whoever they want. In Canada I believe that the CRIA should follow the model of the RIAA, because it is wrong to steal music from other people. Laws should be made so that one artist’s copyrighted music is protected over the Internet, no matter what country the person trying to download it is residing in. Bibliography .Guardian Unlimited. August 11, 2000. Regulating the net http://www.guardian.co.uk/theissues/article/0,6512,353264,00.html  ·The Economist. August 9, 2001. Putting it in its place http://www.yale.edu/lawweb/jbalkin/telecom/puttingitinitsplace.html  ·John Naughton. November 26, 2000. Yahoo! For brave French courts http://observer.guardian.co.uk/business/story/0,6903,402959,00.html  ·Jennifer Lee. August 30, 2001. U.S. May Help Chinese Evade Net Censorship http://www.yale.edu/lawweb/jbalkin/telecom/nyt08302001.pdf  ·Nua Internet How Many Online http://www.nua.ie/surveys/how_many_online/world.html  ·Jay Lyman. December 17, 2003. Canadian Recording Industry Hunts P2P Users http://www.ecommercetimes.com/perl/story/32426.html

Partnership Law

The Law of Partnerships:Scott Osborne The applicable law: Partnership Act 1892 (NSW) The relevant law is contained in the Partnership Act (PA) of each of the jurisdictions. All are based on the PA (1890) UK Act. The contractual nature of Partnerships Partnerships are essentially contractual. Defining a Partnership [s. 1 PA 1892 NSW] The PA defines a partnership as â€Å"the relation which exists between persons carrying on a business in common with a view of profit† Partnerships are unincorporated bodies without any separate legal identity of their own.As Justice Barton put it in Cribb v Korn (1911), â€Å"to be partners, they must have agreed to carry on some business†¦. in common with a view to making profits and afterwards of dividing them, or of applying them to some agreed object†. SO†¦.. whether a particular relationship is, in law, deemed a partnership will depend on the parties showing that it exhibits all THREE ELEMENTS that the PA 1892 require. They MUST show that they are; 1 CARRYING ON A BUSINESS; 2 IN COMMON; 3WITH A VIEW TO PROFIT. Defining â€Å"business† [s. PA 1892 NSW] In Hope v Bathhurst City Council (1980) Justice Mason defined the term business as â€Å"activities undertaken as a commercial enterprise in the nature of a going concern for the purpose of profit on a continuous and repetitive basis†. Difficulties can arise at common law whether a particular activity constitutes â€Å"carrying on a business†. It seems to be a question of fact and degree, for example, Evans v FCT (1989) where Evans won $800k from gambling. FCT said he was â€Å"carrying on a business† for claiming tax from him.Held: Evans had not been â€Å"carrying on a business† of punting as his activities lacked system and organization. Justice Hill made the point that â€Å"all indicia to be considered as a whole†. Defining â€Å"carrying on† Seems to mean that there must be a degree of continuity eith er in fact or intention. Normally an isolated transaction will not be â€Å"carrying on a business† as in Smith v Anderson (1880) where LJ Brett said: â€Å"carrying on implies a repitition of acts and excludes doing one act which is never repeated†.The NSW Supreme Court used similar reasoning in Hitchins v Hitchins (1999) where Justice Bryson said: â€Å"it was characterized as an investment rather than a trade and flow of transactions which could be thought of carrying on a business. BUT– a P CAN be entered into for a single venture if that is what the parties intend as in Minter v Minter (2000) where court said: â€Å"Today, a single purpose joint venture does not escape being a partnership IF otherwise it satisfies the criteria for a partnership in the sense of a commercial enterprise with the object of gain or profit†.SO†¦.. while continuity/repetition of operations may be a strong indication of â€Å"carrying on a business† it is probab ly no longer a â€Å"critical† consideration: Chan v Zacharia (1984), Justice Deane. Contemplated Partnerships A mere agreement to carry on a business as partners at some, (even specified), time in the future does not make the participants partners UNTIL THAT TIME ARRIVES. If one of the intending partners starts the business early without the consent of the others this will still NOT constitute a partnership.Engaging in merely preparatory activities will not constitute â€Å"carrying on a business† : Pioneer Concrete Services v Galli (1985) BUT Everything will depend on whether the activities are really merely preparatory: Khan v Miah (2000) – Lord Millett said, â€Å"they did not merely agree to take over and run a restaurant they agreed to find suitable premises, fit them out as a restaurant and run it once they had set it up. It was what they had jointly agreed to do. Definition of â€Å"in common† There must be some joint participation in a common bu siness: Checker Taxicab Ltd v Stone (1930)A driver rented a taxi from the owner and paid him a % of the fares as commission was held NOT to be carrying on a business in common as no joint participation, no shared rights or duties and each person in reality carried on his own separate and distinct business. The â€Å"in common† requirement does NOT mean that all the alleged partners must take an active part in the business. The test seems to be: â€Å"Does the person who carries on the business do so as agent for the persons alleged to be partners? † – Lang v James Morrison & Co Ltd (1911) Definition of â€Å"with a view of profit†Minter v Minter (2000) made clear that â€Å"a view to ultimate profit is essential in a partnership† BUT noted that it has not been essential that there be a profit-making motive in the short term. This means that even though the partners are carrying on their business in the expectation that there could be losses INITIAL LY – the business will still be carried on â€Å"with a view of profit† IF the parties INTEND that it will ULTIMATELY earn profits. SO†¦.. even where an enterprise does operate at a loss, the parties INITIAL INTENTION will invariably have been to run it at a profit (even if the intention was hopelessly optimistic! N. B. Stekel v Ellice (1973) – parties’ stated intention may be overruled. How the contract of Partnership arises 1. formally by deed; 2. more informally but still in writing; 3. by word of mouth agreement; 4. partly written and partly oral; 5. can be implied from the conduct of the parties; Because partnerships are essentially business contracts the law relating to their formation etc is THE LAW OF CONTRACT. There is NO requirement that a WRITTEN AGREEMENT to evidence parties intention to operate as partners†¦ BUT a formal Partnership Agreement has FOUR clear advantages such as: 1. ritten agreement will set out unequivocally who are p artners; 2. it will clearly detail each partners duties, rights and responsibilities; 3. if a dispute arises the written agreement can be referred to or should prescribe some pre-agreed solution or means or arriving at the solution; 4. the written agreement will allow the parties to make express and undeniable provision for things that are not covered by the Partnership Act or which although provided for in the Act canbe altered by some express agreement to the contrary if the parties choose to do so. Relationship of Partners to Each otherThe relationship is both CONTRACTUAL and FIDUCIARY. 1. partners are not normally permitted to act except for the common good; 2. their relationship is governed mainly by parties’ own agreement rather than Statute. The parties’ fiduciary obligations are subject to their obligations under the Partnership Agreement – Justice Mason in Hospital Products Ltd v United States Surgical Corp (1984) when he said â€Å"the fiduciary relat ionship cannot be superimposed upon the contract in such a way as to alter the operation which the contract was intended to have† Duty to act for the common goodMust not carry on another business in competition with the partnership: Lawfund Australia Pty Ltd v Lawfund Leasing Pty Ltd (2008) BUT If they obtain their fellow partners’ fully informed consent they may retain the benefit for themselves: Farah Constructions Pty Ltd v Say-Dee Ltd (2007) Duration of the â€Å"Duty† Fiduciary duties, in some circumstances, can arise before the partnership formally commences AND they will continue even after dissolution UNTIL the final accounts have been taken. Therefore – the obligation not to pursue personal gain can both pre-date and, to a limited extent, survive the partnership itself as in :United Dominions Corporation Ltd v Brian Pty Ltd (1985) UD and B were partners in a shopping centre development project with a third party SPL. UD was a major financier of th e project and SPL had granted it a mortgage over the land. The mortgage apparently secured not only the borrowings for the shopping centre but also borrowings for other projects in which Brian had no interest whatsoever. The mortgage was granted before the shopping centre partnership had formally come into being but well after negotiations for it had commenced (and at a point when it was clear that B would participate).Notwithstanding this, neither UD or SPL told B of the mortgage’s â€Å"collateralisation† clause. When the shopping centre had been completed and sold UD tried to retain all the proceeds of sale (including all the profit) to reduce SPL’s indebtedness to it for the other loans. B objected. HELD: A fiduciary duty exists between prospective partners. As a fiduciary, UD had a positive duty not to seek a private advantage without B prior knowledge and consent. The same reasoning was applied to: Battye v Shammall (2005) Both parties entered into an agre ement to train and race three horses in partnership.The plaintiff agreed to pay the defendant $25,000 for a half-share in the horses, not knowing that he had bought them for a total of $30,000. He therefore made a secret profit of $10,000. This profit had arisen as a direct result of the defendant’s breach of fiduciary duty and he was therefore liable to account for it to the plaintiffs. In terms of surviving the partnership (until final settlement of the accounts) see: Chan v Zacharia (1984) The parties were partners in a medical practice. They dissolved it in 1981.The premises was leased and the option to renew the lease had to be exercised by the doctors jointly. After dissolution, but before final settlement of accounts, Dr Chan not only refused to join Dr Zacharia inexercising the option, he actively sought and gained a new lease of the premises in his own name alone. Because consulting rooms were difficult to obtain in the area and because the renewal was therefore a ve ry valuable asset Dr Zacharia sued for a declaration that Dr Chan held his interest under the new lease as constructive trustee for all members of the former partnership.HELD: Because their fiduciary obligations continued after dissolution, at least as far as was necessary to wind up the firm’s affairs, Dr Chan had NOT been entitled to usurp for his own private profit an asset and opportunity which had properly belonged to the partnership as a whole. He was, therefore, required to account for that private profit. In terms of once the partnership’s affairs have been completely wound up and final accounts have been taken: Metlej v Kavanagh (1981) The parties had practiced as solicitors in a partnership.They had used rental premises and, when they dissolved their partnership, they agreed to continue occupying the premises together but to operate separate practices. Kavanagh subsequently bought the premises and Metlej sued arguing that he was entitled to participate and to buy a one-half interest in the property. HELD: While Kavanagh would have been liable to account to Metlej for the opportunity during their partnership – he was NOT LIABLE after its dissolution. The same reasoning was applied to:Sew Hoy v Sew Hoy (2001) Bindingness of the Partnership Agreement [s. 5 PA 1892 NSW] + [ss. 6-9] The Partnership Agreement is only binding on the partners themselves SO the terms in it do not normally have any effect on the rights or entitlements of third parties doing business with the firm. EG: a Partnership Agreement states that any one partner can sign partnership cheques UP TO $50,000 but cheques in excess need to be counter signed by another partner – That provision would have no effect on the rights of the erson who accepted the cheque for more than $50,000 bearing only ONE signature UNLESS he had been made aware of the restriction before accepting it. TWO KEY POINTS HERE : Restrictions in Partnership Agreements have this limited effect on third parties because of the doctrines of: 1. Privity of Contract; 2. Ostensible (apparent) Authority Under the doctrine of Privity of Contract the terms of the Partnership Agreement (the contract) are only binding on and CAN ONLY BE ENFORCED by the actual parties to that contract i. e. the partners.Under the doctrine of Ostensible (apparent) Authority third parties are entitled to assume that those who occupy positions that normally carry certain authority will have that authority UNLESS there has been some express notification to the contrary. Each partner is the de jure agent of his fellow partners for the purpose of doing those things that are usual for carrying on the business of the partnership in the normal way – therefore each partner has ostensible authority to do everything that might be regarded as part of the everyday normal functioning of the business.THIS CONCEPT IS NOW ENCAPSULATED IN THE PARTNERSHIP ACT (1892) NSW s. 5 BUT – knowledge of the third pa rties IS relevant : Construction Engineering (Aust) Pty Ltd v Hexyl Pty Ltd (1985) Construction Engineering contracted to build houses for Tambel on land that Tambel appeared to own. Construction Engineering was not aware that Tambel was in partnership with Hexyl Pty Ltd. However, their partnership agreement specifically said Tambel was to negotiate and sign the building contract as sole principle (not as agent for Hexyl or the partnership) and that the partnership’s legal interest in the property was not to arise until after he completion of the building. When a dispute arose about payment Construction Engineering alleged that Tambel had entered into the contract on behalf of the partnership and therefore both Tambel AND Hexyl were liable. Held: Hexly was not liable – while partners can bind one another in contract Tambel had been EXPRESSLY PROHIBITED from entering into the building contract as the firm’s agent. AND – partners’ actions must be wit hin the type of business carried on by firm: Polkinghorne v Holland (1934)Thomas Holland and his son Harold and Louis Whitington were partners in a law firm. Claimant Florence Polkinghorne was one of Thomas Holland’s long time clients but much of her business was attended to by his son Harold Holland. Harold advised Florence Polkinghorne to invest money in a Trust Investment Company that he had formed (which he knew was little more than a shell). Harold later advised her to lend ? 1000 to another of his companies called Secretariat Ltd (which again was little more than a shell).Finally, he persuaded her to become a Director of Secretariat Ltd and to guarantee an overdraft in exchange for a share of the profits. All investments failed! Mrs Polkinghorne lost the ? 5000 that she invested plus ? 5475 for which she became liable under her guarantee. Harold disappeared! Mrs Polkinghorne sued his father Thomas Holland and Louis Whitington alleging that as partners they were liable f or her losses. They argued they were not liable because giving financial advice was not part of the â€Å"ordinary course of the business of the firm†.Held: Harold’s partners were liable for the ? 5000 she had lost in the investments BUT NOT LIABLE fir the ? 5475 she had lost by guaranteeing the overdraft. They were liable for the first loss as providing advice WAS a normal part of the business of the firm. They were not liable for the losses on the guarantee as this had NOT INVOLVED HAROLD ACTING IN HIS PROFESSIONAL CAPACITY – THEREFORE NOT IN THE ORDINARY COURSE OF THE BUSINESS OF THE FIRM. BUT – partner’s actions will be looked at subjectively AND objectively when courts decide whether the other partners are liable:There are two limbs: 1. The subjective test is – what kinds of business does this firm actually carry on (and then look at any actions taken by a partner that were not actually authorized) 2. The objective test is – what kinds of business do other firms actually carry on in the same line of business (a sort of reasonable expectation point) It seems that the courts have favoured this approach as in: Mercantile Credit Co Ltd v Garrod (1962) Garrod and Parkin operated a garage in partnership. Parkin ran the business.Garrod was a sleeping partner with no interest in the firm’s day to day running. Their agreement specified that buying and selling cars was NOT to be part of the firm’s activities. In breach of their agreement and without authority from Garrod Parkin fraudulently sold a car to Mercantile Credit who discovered the fraud and sued for the return of its ? 700 purchase price. Garrod denied liability arguing that Parkin had had no actual or ostensible authority as selling cars was not â€Å"business of the kind carried out by the firm†. Held: Garrod WAS liable.Even though what Parkin had done had been without Garrod’s authority (thereby eliminating any liability under the first limb it was AN ACT WITHIN THE SCOPE OF THE FIRM’S BUSINESS. Therefore, Parkin had had the necessary OSTENSIBLE AUTHORITY and both partners were liable under the second limb. Justice Mocatta looked at the type of business that could be expected in garages generally. â€Å"Holding Out† as Partners [s. 6(1) PA 1892 NSW] Authority of those held out as partners Even non-partners can bind the firm if the firm or some of its members hold them out as partners (this is part of the Doctrine of Ostensible Authority).By representing that a particular person is a partner, the partnership is effectively saying, either to the world or to an individual that the person has all the powers of a partner and that he has authority to bind the firm. If someone then deals with that person (in the belief that they are a partner) the firm may not disassociate itself from liability just because that person was not, in fact, a partner. By representing that that person was a partner the firm becomes liable for any actions which it would have been reasonable for him to have taken as a partner: s. 6(1) PA 1892 NSW. Liability of those â€Å"held out† as Partners s. 4 (1) PA 1892 NSW Third parties deceived by a holding out can therefore sue not only the real partners but also all those who were held out, exactly as if they had been real partners, provided they had at least acquiesced in the holding out. Estoppel Those who allow themselves to be held out as partners, knowing or suspecting that this might induce third parties to alter their position in reliance on that representation, will be estopped from denying the fact of partnership if the denial is to avoid liability to those third parties as in: Waugh v Carver (1793) Liability in General Liability of â€Å"general† partnersA general partners liability is unlimited – liable to the full extent of their personal resources for partnership debts and obligations. If called upon they can ONLY seek a contribution from the other general partners. Their rights against the limited partners are restricted to the limited partners’ agreed contribution. A general partner CAN change status to become a limited partner SO LONG AS there is still at least ONE GENERAL PARTNER left. Liability of â€Å"limited† partners Only liable for the firms debts and obligations to the extent of his contribution or agreed contribution to the firm’s capital : ss. 0, 61 and 65(2) PA 1892 NSW. In NSW they can either be in cash or property valued at a stated amount. (In QLD those contributions must be in cash). THIS LIMITED LIABILITY ONLY RELATES TO LIABILITIES THE PARTNERSHIP OWES THIRD PARTIES. THE LIABILITY TO THE OTHER PARTNERS IS GOVERNED BY THE PARTNERSHIP AGREEMENT AND THE RELEVANT PARTNERSHIP ACTS. Losing Limited Liability Can and will be lost – 1. if there are defects in the Partnership Agreement; 2. if the limited partners participate in management; 3. if a limited partn er’s contribution to capital is withdrawn; 4. if the partnership ceases to be a limited partnership . if there is a failure to describe the partnership as a â€Å"Limited Partnership† in business documents; Key point about limited partnerships: They must be registered : s. 50 PA 1892 NSW Terminating a Partnership Can be dissolved in any number of ways. They may terminate their relationship: 1. by agreement; 2. or if they have provided for it in their original Partnership Agreement – one partner may simply give notice of termination; 3. court intervention (in the event of relationship breakdown. Remember†¦. because partnerships are contractual relationships any change in the composition of the partnership (i. e. ny change in the â€Å"parties†) will technically terminate it: Rushton (Qld) Pty Ltd v Rushton (NSW) Pty Ltd (2003). If some or all of the remaining partners want to continue after a change they can – provided there is both an appropri ate agreement and some arrangement to pay out those partners who are leaving. N. B. any continuation will involve a new partnership; the old partnership will have terminated when the change took place. Therefore – at its lowest level termination will occur whenever there is any voluntary (or involuntary) change in the composition of the partnership whether or not the busiess continues after the change.Such changes include changes initiated by: 1. the death of a partner; 2. the expulsion of a partner; 3. the retirement of a partner; or 4. the introduction of a new partner Dissolution and Winding Up At its severest level termination can involve a formal dissolution of the partnership followed by a winding up of the partnership’s affairs. Winding up means that the partnership’s assets are sold, its debts are paid and any residue that remains is then split among the (now former) partners in accordance with either the terms of their Partnership Agreement or the provi sions in the Partnership Act: s. 4 PA 1892 NSW. Difference between â€Å"Dissolution† and â€Å"Winding Up† Critical difference between dissolution and subsequent winding up is described in: Rushton (Qld) Pty Ltd v Rushton (NSW) Pty Ltd (2003) . Death of a Partner s. 33(1) PA 1892 NSW The PA 1892 NSW provides that: â€Å"subject to any agreement between the partners, every partnership is dissolved as regards all the partners by the death of any partner† SO†¦. in the absence of a contrary agreement, the death of any partner must automatically bring the partnership to an end.The firm’s business may then be formally wound up, its assets and undertaking may be sold, its debts will be paid and any balance will be distributed between the deceased’s estate and the surviving partners in accordance with either the terms of the partnership agreement or, if there are no specific terms, the provisions of the Act. Why automatic dissolution? It is designed to protect the deceased’s interest in the partnership. N. B. The Partnership Agreement can stipulate by agreement that the death of a partner is not to result in automatic dissolution.Expulsion of a Partner s. 25 PA 1892 NSW s. 25 PA 1892 NSW provides that: â€Å"no majority of the partners can expel any partner unless a power to do so has been conferred by express agreement between the partners† The â€Å"express agreement† referred to, while it need not be in writing, should be part of the original Partnership Agreement. Partners have no inherent right to expel co-partners. It is not enough that all the partners get together and agree agree to put a power of expulsion into their agreement just to get rid of the disfavoured partner.The â€Å"normal† way of resolving irreconcilable differences is to dissolve and wind up the partnership. There are a number of â€Å"fiduciary safeguards† which include: 1. the expulsion must be exercised in good faith and it must not be improperly motivated; 2. any power to expel a partner will be strictly construed; but 3. unless the Partnership Agreement expressly or impliedly provides for it, a partner being expelled need not generally be told the reason for the proposed expulsion nor given an opportunity to speak in his defence. How the good faith requirement operates is well illustrated in:Blisset v Daniel (1853) – â€Å"where a power of expulsion exists it must be used for the benefit of the partnership as a whole and not for the benefit of particular partners†. Retirement of a Partner s. 26 PA 1892 NSW The effect of one partner retiring (as with death or explulsion) is to dissolve the partnership in its then form. This is the case even so the business of the firm may continue :Hadlee v Commissioner of Inland Revernue (1989). The practical effect raises some sort of indebtedness between all or some of the continuing partners (those who are buying out the retiring partner).The retiring partner loses all rights to have any continuing say in how the business is run. If the firm is going to continue as a new firm after the partner has retired they may well incur an obligation to indemnify the retiring partner against any action by the firm’s creditors after the effective date of his retirement. This will be important to the retiring partner because under the PA NSW he remains liable for all debts and obligations of the partnership before the effective date of retirement unless the remaining partners and the firm’s creditors agree otherwise : s. 7(3) PA 1892 NSW. The Introduction of a New Partner s. 24 (1)(7) PA 1892 NSW s. 24 (1)(7) PA 1892 NSW provides that: â€Å"no person may be introduced as a partner without the consent of all existing partners† This provision follows naturally from the fact that partners have an unlimited liability for partnership debts and obligations and therefore there is a mutual trust, confidence, understandi ng and goodwill presumed to exist. Incorporated Limited Partnerships s. 49 PA 1892 NSW defines them as â€Å"an incorporated limited partnership formed in accordance with the Act† – NOT VERY HELPFUL!Better defined as, â€Å" an association of persons carrying on business as partners where the liability of at least one of them is limited and the funds and business are managed by one or more general partners for the benefit of all the partners collectively† – s. 995-1(1) Income Tax Assessment Act 1997 (Cth). SO†¦these partnerships have a corporate identity, a separate legal personality and perpetual succession. ONLY the limited partners are protected though – unlike all limited liability companies! Therefore the general partners remain liable without limit!Why have an Incorporated Limited Partnership? (ILP) ILP’s were the direct result of the Commonwealth Government’s Venture Capital Act 2002 (Cth) to facilitate non-resident invest ment in Australia. The Act provides concessional tax relief!! This is restricted to those involved in venture capital investments AND REGISTERED under the Act. Limited Liability Issues Normal (unincorporated) limited liability partnerships do not provide VC with the certainty of limited liability as they are NOT incorporated and have no independent legal status. Formation of an ILPThey MUST be REGISTERED – in NSW the Registrar of Business Names. How to Register [s. 54 PA 1892 NSW] Must lodge an application with above signed by existing or proposed partners detailing: 1. that the partnership is to be registered as an ILP; 2. the firms name, address and principle office; 3. full name and address of each partner; 4. status of each partner i. e. â€Å"general† partner or â€Å"limited† partner; 5. for registered VCLP either evidence of registration or a statement outlining the intent; 6. anything else prescribed as required, under regulation or otherwiseOnce REGISTE RED an ILP is in most cases will be subject to the rules of the Corporations Act 2001 (Cth) regarding matters such as directors’ duties and the prohibition of disqualified persons taking part in management. Assumptions those dealing with an ILP are entitled to make: The PA 1892 NSW provides a number of assumptions that those who deal with an ILP are entitled to make (UNLESS they know or suspect that the assumption is incorrect! ) These assumptions are: 1. the Partnership Agreement has been complied with; 2. anyone on Register as a â€Å"general† partner has authority to perform duties; 3. nyone held out as a â€Å"general† partner in, or as agent of, an ILP is a â€Å"general†partner and has such powers/authority; 4. the â€Å"general† partners, and agents of, an ILP properly perform their duties to the ILP; 5. that a document executed by an ILP has been duly executed; 6. that a â€Å"general† partner in an ILP who has authority to issue a d ocument on its behalf has authority to warrant that the document is genuine or a true copy. How are ILP’s Regulated? Not governed by the general partnership rules! Most important perhaps is when it comes to joint/several liability.Partnership Act NSW provides that general law of partnership does NOT apply to ILP’s OR to the relationship between the ILP and its partners: s. 1(C) PA 1892 NSW. Partnerships & Companies – Generally The reason for the distinction between P and C is quite simple. A P is an ASSOCIATION of persons ACTUALLY â€Å"carrying on a business†. Together the partners decide what business will be carried on, they are usually entitled to get involved in the day-to-day operations and they are personally liable for the partnership’s debts and obligations. With C this is not the case.C are INDEPENDENT LEGAL ENTITIES WITH A PERPETUAL EXISTENCE. They obtain their funds from shareholders who are generally, both in fact and in law, passive i nvestors. The difference between P and C can be very important even in small closely held companies where the directors are also the company’s sole shareholders and operate like a P – the legal position is that they are not a P and therefore have NO right to be treated as such by the law. This can have very unfortunate circumstancesas in: Friend v Brooker (2009) The parties incorporated a company and they were equal shareholders.Brooker borrowed funds personally to help the business. The C later went into liquidation and there was not enough money to repay the loan. Brooker claimed that the C had merely been a corporate vehicle for a P between the two men and therefore P law should apply. Held : Brookers action failed. Court said he and Friend had taken a deliberate commercial decision to adopt a corporate structure for their business instead of operating as a partnership therefore no fiduciary duty owed. Advantages of Partnerships Simple and cheap to set up Can be sim ple and cheap to dismantle ConfidentialityParticipation in management and decision-making Flexibility Partners owe a fiduciary duty to one another Can be used to reward and retained skilled/valued staff Disadvantages of Partnerships Have no separate legal existence Continuity problems Limited numbers Capital may be more difficult to raise Unlimited liability Statutory Agency Partnership interests are not freely transferable Some Partnership decisions require unanimity Partnership In Tort [PA 1892 NSW ss. 10-13] The basic provision concerning the way in which tortious (and criminal) wrongs committed by a partner are to be treated reads as follows: where by any wrongful act or omission of any partner†¦. acting in the ordinary course of the business of the firm, or with the authority of the partner’s co-partners, loss or injury is caused to any person not being a partner of the firm, or any penalty is incurred, the firm is liable therefore to the same extent as the partner so acting or omitting to act†. Therefore, all partners will be collectively liable but that is not all. The PA 1892 NSW makes clear that partners’ liability is both joint and several s. 12 PA 1892 NSW – therefore the injured party can sue the whole firm OR partners that he chooses.If he sues only some of the partners – THEY WILL BE PERSONALLY LIABLE (they will also be entitled to seek a contribution from the other partners). If recovery in full cannot be obtained from the sued partners by the injured party they may later sue partners who were not sued for the shortfall!! Breaches of Contract – the partners are simply â€Å"jointly† liable for the firm’s debts and obligations so the injured party generally only gets one opportunity to sue collectively : Kendall v Hamilton (1879) – partners are â€Å"jointly† liable for partnership debts.To succeed the injured party must prove FIVE things: 1 . there was a wrongful act or om ission; 2. it was committed by a partner; 3. partner was acting in ordinary course of firms’ business or with actual or implied or apparent authority of his co-partners; National Commercial Banking Corp of Australia Ltd v Batty (1986) 4. injured party suffered loss or injury; 5. loss or injury resulted from the wrongful act or omission. Also see: Polkinghore v Holland (1934) – SEE ABOVE FOR FACTS AND DECISION

Healthcare: Health Insurance and Fraud E. Ethical

Fraud, Waste and Abuse in the Medicare System: A Proactive Approach Course Project Outline Team A: The Prairie State Bulls Julie GIldemeister Elena Hallars Teresa O’Brien Latia Phelps Laura Wimberley HSM 546 Health Insurance and Managed Care Vernice Johnson-Warren Keller Graduate School of Business Management March 17, 2013 Synopsis We propose to discuss the problem of fraud, waste and abuse in Medicare and Medicaid from the viewpoint of a board of directors of a community healthcare system.We agree that a proactive course of action, while initially more expensive, will result in a far better outcome for the system, its providers, and its patients. It will lead to better relations not only with the government but also with our commercial MCO plans. This issue will be addressed on several fronts: legislative loopholes, weaknesses in electronic technology, ethical lapses on the part of providers, and enforcement failures. I. Executive Summary A. Environment B. Rules and regulati ons of Medicare and Medicaid C.Healthcare Reform Legislation D. Problems with Fraud E. Ethical Considerations of Fraud II. Problem Statement A. Fraud, waste and abuse in the Medicare and Medicaid system B. Legislative loopholes C. Weaknesses in electronic medical records D. Ethical lapses in providers E. Common errors in billing and coding F. Enforcement failures III. Literature Review A. Course text B. Fraud, waste and abuse of Medicare/Medicaid funds C. IT and EMR issues D. Ethical training of providers E. Enforcement failures IV. Problem Analysis A.Identification of opportunities for fraud in a healthcare system B. Enforcement of Medicare/Medicaid claims reporting regulations C. Counteracting or preventing a climate of fraud waste and abuse V. Solutions and Implementation A. Streamlining enforcement efforts B. Tightening IT loopholes C. Creating provider incentives for responsible behavior in coding and billing D. Pattern review and claims review to catch trends indicative of fra ud, waste or abuse VI. Justification A. Cost of fraud, waste and abuse, especially in Medicare claims reclamation processesB. Cost of failure to comply with rules and regulations C. Improvement in facility/provider/payer relations D. Improvement in cash flow and claims payment E. Improvement in patient and community relations VII. Conclusion VIII. References Aldhizer III, G. R. (2009). Medicare and Medicaid Fraud and Errors: A Ticking Time Bomb That Must be Defused. Journal Of Government Financial Management, 58(4), 12-20. Boerner, C. M. (2010). 60 Minutes Story on Medicare Fraud. Journal Of Health Care Compliance, 12(1), 29-65. Dietz, D. K. , & Snyder, H. 2007). Internal control differences between community health centers that did or did not experience fraud. Research In Healthcare Financial Management, 11(1), 91-102. Evans, R. D. , & Porche, D. A. (2005). The nature and frequency of medicare/medicaid fraud and neutralization techniques among speech, occupational, and physical the rapists. Deviant Behavior, 26(3), 253-270. doi:10. 1080/01639620590915167. Hambleton, M. (2011). Los Angeles Health Care Fraud Prevention Summit: Moving from a Sickness to Wellness Model of Compliance.Journal Of Health Care Compliance,13(1), 19-24. Hoppel, A. M. (2012). Career Code Red. (Cover story). Clinician Reviews, 22(10), 1-8. Kongstvedt, P. R. (2007). Essentials of Managed Health Care (5th ed). Sudbury, MA: Jones & Bartlett. Moses, R. E. , & Jones, D. (2011). Physician Assistants in Health Care Fraud: Vicarious Liability. Journal Of Health Care Compliance, 13(2), 51-75. Robin, D. W. , & Gershwin, R. J. (2010). RAC Attack—Medicare Recovery Audit Contractors: What Geriatricians Need to Know. Journal Of The American Geriatrics Society, 58(8), 1576-1578. oi:10. 1111/j. 1532-5415. 2010. 02974. x Sparrow, M. K. (2008). Fraud in the U. S. Health-Care System: Exposing the Vulnerabilities of Automated Payments Systems. Social Research, 75(4), 1151-1180. Steinhoff, J. C. (2008). FORENSIC AUDITING: A Window to Identifying and Combating Fraud, Waste and Abuse. Journal Of Government Financial Management, 57(2), 10-15. Thorpe, N. , Deslich, S. , Sikula, S. , & Coustasse, A. (2012). Combating Medicare Fraud: A Struggling Work In Progress. Franklin Business & Law Journal, 2012(4), 95-107.