Family and Medical Leave Act 1993 vs sit A Essay

Family and Medical Leave Act 1993 vs sit A - Essay Example However, eligible employee excludes employees or federal officers covered under United States Code in chapter 63 title 5, subchapter v. It does not include a worker of an employer hiring less than fifty workers. This is in case the employer, within 75 miles of the worksite, has less than 50 employees. Section 102 of the Act focuses on leave requirement. According to this section, an eligible employee qualifies for a twelve-week leave in any twelve-month period because of the following reasons: Birth of a child of an employee to allow taking care of the child; When the employee adopts a daughter or a son; To take care of a son, daughter or spouse in case the son, daughter or spouse has the health; condition, which is serious,; and In cases of serious health conditions rendering the employee incapable of performing his or her duties Subsection two of section 102 stipulates that the leave period expire at the end of the twelve-month period. This is so in case an employee takes a leave d ue to placement or birth of a son or daughter. Section 104, subsection (a) and paragraph (1) stipulates that when an employee returns from the leave he or she should assume the previous position. The employee should also receive the same remuneration as that before he or she went for the leave (U.S. Department of Labour, 2008). ... Age Discrimination in Employment Act (ADEA) of 1967 versus situation B This Act prohibits any discrimination according to age in employment. This Act aims to protect employees who are forty years and above from discrimination according to age in employment. It applies to both job applicants and employees. According to ADEA, it is not lawful to discriminate an individual on the basis of age with regard to condition, term, employment privilege, including firing, hiring, promotion, compensation, lay off, job assignments, benefits and training (U.S. Equal Employment Opportunity Commission, 2008). Section 623 0f the Act deals with this topic where subsection (a) considers practices by the employer. The section considers unlawful, the following practices: 1. Failing or refusing to discharge or hire an individual or discriminating against him or her to his terms, compensation, privileges or situations of employment on the basis of his or her age; 2. Classifying, limiting or segregating empl oyees in any way that deprives an individual of opportunities in employment or causing adverse effect to the employee status of on the basis of age; and 3. Reduction of wages to the employees based on age of the individuals This Act considers an agency to have violated the law if it refuses or fails to refer for employment any individual due to his age. However, this Act in subsection (f) gives lawful practices on laws of foreign workplace, age and occupational qualification, other reasonable factors, employee benefit plans, seniority system and discharge or discipline for providential cause. Here, the law does not prohibit actions by employers on employees in cases where age is a necessary, reasonable qualification for the normal functioning of a given business (U.S. Equal

Speech on Friendship Essay Example for Free

Speech on Friendship Essay If you think about it, though, we should embrace going back to school. When the day comes that there’s no school to go back to, we’ll miss it more than we think. There is no other time in our lives where we’ll experience anything like what we’re experiencing now. Never again will your biggest worries in life be about that science homework you didn’t finish, or why â€Å"Amirul† is ignoring you, or the horrible possibility of getting a pimple every Monday . Never again will you be a part of a community where an age difference of a year matters so much, and the moving up a grade, from junior to senior, seems so significant. I have some advice . Whether you stepped in , in this school this morning as an incoming freshman , or as a five years student or as a returning to school after 2 weeks of absence , remember this starting today , i always remember the words in a cartoon movie Chicken little , that is â€Å"every day is new day ! †, everyone has those first day butterflies. Who isn’t worried about grades, teachers, drama, or even getting to school on time? The best way to start a new school day right is to be prepared. Here are some tips to help you to make today and everyday as your best one yet . Wake up early, set your goals , meet new people , get involved , get organized and the most important is to have a positive attitude . Dear friends , Our secondary school years are the defining times in our lives that shape who we are, where we are going, and what we are going to do. Aside from this, they allow us to build strong friendships with people. We get to see which people are going to be there for the rest of our lives and those who will just disappear over the years. A friend is someone who is there for you, through it all. Through the pressure, boys, and drama, they are the one constant thing in your life that never fades away. I have realized at age eighteen that friends are not something you should take lightly, if we have found even just a couple of friends we are blessed. They are the people that we sing our lungs out in the car singing â€Å"Set fire to the rain†, the people we cry to, and the most importantly the people who will always have a shoulder to lean on. It is important to evaluate your relationships with your friends. You can see if they are the people you can go to with anything or if they are just another face in the crowd when you have a serious issue going on. Secondary school is the defining time in our life to find ourselves and break loose from our shells Lastly , Nowhere else but in school is there such a community. For despite the separation between grades, despite the clear distinction that comes with being juniors, and seniors, high schools have such a sense of school unity. While to us the grades we’re in make a difference, in the big picture every student at your school belongs to the same institution, is unified under the same name, is roused up by the same mascot at football games and collaborates to beat other schools in sports and academics. Secondary school is a wonderfully unique experience that many don’t appreciate until it’s too late. So instead of dreading the return to school in holidays at the end of the year, get excited about it. Like all of our parents and teachers like to tell us, you only go to high school once. In conclusion , Sure, there’s been sadness, mistakes, and let downs, but you can’t forget the good times, and you can’t ignore the photographs you took. Secondary school is an experience. I believe we should all make the most of it. May Smk Skudai will be the greatest memory of all .

Human Resource Management Policies in Healthcare

Human Resource Management Policies in Healthcare There are various type of human resource management policies within the healthcare organization which underpin in many various types these types are the section six- training and development. Training and Development Policy Scope This policy is applicable to all employees and company. The learning and training opportunities will be available to the employees that are in line to the company with policies equal opportunity. Philosophy The integral part of the work is the development and training. This is the process of effort to the company in order to achieve their vision, and it’s the way to assist the company. The company will be able to recognise that long-term job security is unable to offer, this must need an employee support and efforts to be able to enhance long term employability. Objectives These are the objectives of development and trainings in the company must be: Ensure that all employees’ haves the skills, understanding and knowledge that is required for them to perform their activities and duty greatly effective. Employees must ensure that all of the employees will be able to adopt to change even in a continuous acquisition for new knowledge and skills The company must ensure that they possess the knowledge and the skills that will need for the future employee must be encourage to accept a responsibility in their own action and to strive constantly to able to improve their work ways for benefits to their selves, the company and the customer Responsibility The development and trainings responsibilities activities is being shared into three parties: the individual involved the training provider which is normally this act through the human Resource function, the company this is represented by the manager individually. Development and training activities this will only be affective by the support and commitment for all of the three parties. The employees must take the responsibility ultimately for the development of their own, provided by the company within the framework by all of the development and trainings activities must be fully participated. raising any needs for trainings that is arising from their present role with the supervisor and manager must be properly ensured. reviewing openly their progress and raising any long term training needs for other forum that is appropriate and personals reviews. Manager and Supervisor must encourage their teams and support actively to their teams in to their acquisition of new skills and knowledge through development and performance by reviewing regularly encourage and stimulate their staff, taking the deliberate and specific steps to involve, team workers and as individuals in their own development and training action providing the necessary support just to ensure the development actions are completed and successful. The human resource and training providers function must to ensure that the training is properly delivered in a cost effective way by: Delivered in a cost-effective way by: ensuring the development and training company activities will support the company business strategy and appropriate training are developed  activities support the company business strategy ensuring the maximum return to the company investment of money and time, developed activities and the resource to appropriate training. ensuring that the complete evaluation and the proper training og the training and development activities are undertaken. Investors in People To develop the best practice in the development and training activities the company is committed. Employee Development Support For developing a new skill we all know that that this is important because this is to prepare ourselves for the continuing changes to our working environment. Today the employees are now very rare to have a single job. Today many of us now intend to be having the role of a broadened just to meet some customer of their needs. This is to ensure that all employees can be able to invest in their own future for personal development and to provide financial support. To the industry that won’t be able to provide long term employment and a lifetime job. The Employment Development Support or the EDS is a process with three (3) step that is designed to encourage the staff to build a confidence in the stage of learning process. Company Training Schemes Kindly Residential Care Rest Home is operating both graduate development programmes and apprentice, which can provide a key source for the future workforce. Study Support Policy Some of the company provides an approach in order to support the employees that are undertaking further programmes education. This policy are reemphasize that there will be responsibility to the company on both individual to make the process of success. Programme Enrolment Fees This is the kind of company that is agreed to the employee by undertaking the further programme of the education; the company will be the one who will be paying. Study Leave for the minimum is one day study leave this is regarded that can’t be refuse by the line manager in five days study leave a maximum that can be taken that can be match to the employee taking the 5 days holiday/annum the study leave and the matching days holiday is included and can be taken to maximum up to 2 weeks prior the day in the examination. The annual holiday can’t be taken to employees annual holiday adjacently. For the employees who wish to get the study leave they must informed 3 months’ notice in order to approve the specific date of leaving to the line manager. the revisions of course are funded by the company, but however in the days off are also included as a part of policy entitlement. the human resource manager is the one who will grant the study leave at the discretion within the guidelines within the team leader or the manager. for an employee with other event having to re-sit an examination and failing the human resource manager will be the only one to grant the further study leave. Travel Costs The sponsored of education programmes are the employees who were undertaking the company and shall be the responsible of the travel cost and from their study place. This also includes their parking space for the car. Book Costs The books that is purchased by the employee during their study course will be the responsibility of own employee. Upgrading of Professional Membership If the employee will upgrade the membership for recognition to the professional’s institution the company will be the one to reimburse the cost which the employee cost. Management and Professional Development Framework To ensure the future success of Kindly Residential Care Rest Home, a professional development and management framework can forms as a key part in the future management and development. The development of programmes shall encompasses the framework, a range of personal mentoring and skills module on the needs of individual basis to develop any necessary skills that may lead the organization to the changes of every business environment which where we work.

Financial Report of Loewen Group Inc. Essay -- Finances Accounting Bus

Financial Report of Loewen Group Inc. The Loewen Group Inc. was founded in 1969. The company has two major headquarters in North America, one in Burnaby, British Colombia and a second in Cincinnati, Ohio. Loewen Group Inc. (L.G.I.) is the largest funeral services enterprise in Canada and is the second largest company in the North American Funeral Services Industry. L.G.I. owns 918 funeral homes and 269 cemeteries and also engages in the pre-need selling of funeral services including cemetery and cremation services. The company strives on respecting its Eagle Principle, which is displayed on the first page of its 1995 Annual Report: "To soar to heights of possibilities one needs two equally healthy, strong wings - one being that of people or service concerns, the other that of responsible planning and fiscal management. It is the balance of these wings that enables the eagle to soar beyond all heights"1 In 1995, the company defended itself against two major lawsuits, as well as continued to negotiate acquisition agreements. The Loewen Group Inc. stresses that once an acquisition has been completed, local management is encouraged to remain and offers long term contracts to its key employees, rarely dismissing the other employees. L.G.I. provides many services to its acquired companies including offering training to new employees on its management information systems and covering costs for any renovations which are needed on the acquired locations. Each funeral home and cemetery is operated as a distinct profit centre, with monthly and annual financial performance monitored by regional and corporate management in accordance with budgeted projections. This report includes a study of The Canadian Funeral Services Industry practices, a review of the take-over attempt by Service Corporation International, an analysis of the Loewen Group Inc. 1995 Annual Report for the period ending December 31, 1995, and examination of the revenue recognition practices used by L.G.I.. The Funeral Services Industry According to a paper issued in August 1995, by Statistics Canada's Services, Science and technology Division Final Purchase, Growing Demand: The Canadian Funeral Services Industry, the funeral services industry, in comparison to other industries, has historically been considered a low risk industry. The Fu... ...adian Funeral Services Industry. APPENDIX D: Total Revenue of the Funeral Services Industry by Sector Source: p.4 of Final Purchase, Growing Demand The Canadian Funeral Services Industry. APPENDIX E: The Scott Formula (Expressed in thousands of U.S. Dollars) 1995 1994 Symbols Total assets 2262980 1326275 A Total liabilities 1648298 915136 L Total equity 614682 411139 E Total revenue 599939 417328 REV Net income (76684) 38494 NI Interest expense 50913 34203 INT Income tax rate (38.1) % 33.9 % TR After-tax interest expense 50913 * 1.381 = 70311 34203 * .661 = 22608 ATI = INT (1 - TR) ROE (return on equity) (76684) / 614682 = (0.125) 38494 / 411139 = 0.094 NI / E SR (sales return before interest) [(76684) + 70311] / 599939 = (0.011) [38494 + 22608] / 417328 = 0.146 [NI + ATI] / REV AT (asset turnover) 599939 / 2262980 = 0.265 417328 / 1326275 = 0.315 REV / A ROA (return on assets) [(76684) + 70311] / 2262980 = (0.003) [38494 + 22608] / 1326275 = 0.046 [NI + ATI] / A IN (average interest rate after tax) 70311 / 1648298 = 0.043 22608 / 915136 = 0.025 ATI / L D / E (debt-equity ratio) 1648298 / 614682 = 2.682 915136 / 411139 = 2.226 L / E

Modernism in the Great Gatesby Essay

1. The Roots of Modernism the word ‘modern’ is used to refer to contemporan object or subject matters.In the history of art, however, the term ‘modern’ is used to refer to a period dating from roughly the 1860s through the 1970s and describes the style and ideology of art produced during that era.The term ‘modernism’ is also used to refer to the art of the modern period. More specifically, ‘modernism’ can be thought of as referring to the philosophy of modern art. The roots of modernism lie much deeper in history than the middle of the 19th century. For historians, the modern period actually begins in the sixteenth century, initiating what is called the Early Modern Period, which extends up to the 18th century. The intellectual underpinnings of modernism emerge during the Renaissance period when, through the study of the art, poetry, philosophy, and science of ancient Greece and Rome, humanists revived the notion that man, rather than God, is the measure of all things.In retrospect, we can recognize in Renaissance humanism an expression of that modernist confidence in the potential of humans to shape their own individual destinies and the future of the world. In the 18th century, the Enlightenment saw the intellectual maturation of the humanist belief in â€Å"reason† as the primary guiding principle in the affairs of humans. Through reason, the mind achieved enlightenment, and for the enlightened mind, a whole new and exciting world opened up. The Enlightenment was an intellectual movement for which the most immediate stimulus was the so-called Scientific Revolution of the 16th and 17th-centuries, when men like Galileo Galilei, through the application of reason to the study of the natural world had made spectacular scientific discoveries in which were revealed various scientific truths. Enlightenment thinking believed that reason allowed access to truth, and knowledge of the truth would give birth to better humankind. The vision that began to take shape in the 18th century was of a new world, a better world. It is in the ideals of the Enlightenment that the roots of Modernism, and the new role of art and the artist, are to be found. Simply put, the overarching goal of Modernism, of modern art, has been the creation of a better society. 2.modernist ideology and principles From its roots,modernism as a 20th century philosophical and artistic movement portrayed the world of men as harsh,in which life had lost its meaning.Men and women in this context were isolated from each other, struggling to survive alone. individual dreams became futile, superficial and unrealistic.To talk about modernist philosophy is to talk about its principle and its caracteristics. Roughly speaking,modernists taught that life lost its meaning.Traditional concepts such as religion, patriotism and financial success was no longer valid.This nihilistic attitude ressults from the cahotic situation and the horor of the post world war I , social problems such as povrety , racism and injustice.On the other hand, the advance in new siences such as psychology and technology put an end to the myster of human existence and depicts human life as meaningless without any religious desire .The lack of religion naked human life from rules and moral bihaviour, which results in a world of a moral waste land in which immediate and personal desires took the priority over redemption and moral values.The lost of moral values comes also to suggests the materialistic attitude of modern society and characterises human desires with selfishness in wich even human beings became viewed as commodities. Related to this context ,as far as literature is concerned , modernists viewed the writer as a denouncer of the 20th society’s corruption.In fact , writers at this period of time were muchly conserned in questionning the established moral values of society and advoquate to them selfs the mission that religion failed to fulfil Ie. awaring , redumting human being . This statements can be illustrated by TS.Eliots The Waste Land in which the poet invites the reader to help him in his redumpting mission of the 20th century society.By the way,writings such as The Waste Land not only stands to dininciate corruption,but also call for positive changes in the life of human beings. While Eliot’s The Waste Land stands merely for a religious representation of society at that time , other written arts inclined their intention much more on the social interaction between individuals and their personal consideration towards the others,all this related to a corrupted false consiousness or idelogy.This would be the keys of The Great Gatesby by scott fejeral that i will try to explore and portraits its modernists charecteristics in the two next parts of this researsh. 3.Modernists characteristics in The great gatesby The charecteristics of a work of art can be either related to the content or to the form .We shall therefore explore the two different components of the novel to get a complete and objective results.in this perspective,Dealing with the context means to deal with the ideology of the writer within the novel and its belonging to the Mdernist field.Dealing with the the form means to take into consideration the technique of writing used in the novel and to see to what extent they are of a modernist origin. 3.1 modernism in the content of The Great Gatesby As we have seen previously,Modern art comes to denounce the dehumanisation of society in the 20th century.this statement is clearely relevant troughout the different characters and the themes of the novel. In the novel,People are murdered, the main character Gatesby is involved in illegal activities,the overall atmosphere of the novel is gloomy. The novel also shows the insignificance of ‘man’ by allowing the main character to be killed without any care or remorse from the rest of the characters . The novel also deals with brutality and ingsignificance of human life. this can be seen when Daisy hits Myrtle but doesn’t stop the car. 3.1.1 commodification and materialism Insignificance and commodification of men is shown through wealth . Gatsby purshases new money only to impress Daisy in order to win her back.Within this contect,dasy is seen as an object that could be selled or bought by means of wealth.On the other hand, Dasy’s acceptence of the perles makes her like Gatesby.In other words , just like she is seen as a commodity by the other characters , she as well commodifies the others for her own benefits.Generally speaking, from a modernist perspective , this comes to reflect the selfishnes of humans in the 20th century.More accuratelly, from a marxist perspective,this come to illustrate the negative influence of modern capitalist system over the ideolofy of human beings. As far as the theme of capitalism is concerned , Nick introduces the novel describing things that are manufactured, advertised and consumed which is a clear depiction of the new economy (the modern capitalism).At the same time, these are in many cases also metaphors of the new materialistic mental landscapes of the ‘Jazz Age’, which the novel seeks to document. This need for the new was strong in the character of Myrtle Wilson who had her modern apartment as an attempt to turn herself into a ‘Daisy’ like modern society lady by immitating what she had read in the â€Å"town tattle† (p29) and gossip novels. This is reflected in her party mannerisms , her behaviour, her pet dog, her manufactured furniture and rugs with tapestry of â€Å"Versailles† (p31). it seems that all the characters in the novel are in need to fufil a desire.Desires in the novel are either materialistic or they commodifies persons which portraits the inhumanity of the 20th century. 3.1.2 honesty and betrayal The novel investigates the theme of honesty in a new modern way which is lacking in the characters of The Great Gatsby ,including Jordan who cheats at golf.Within this context , New York City comes to be depicted as a symbol of what America has become in the 1920’s, a place where money is made throught bootleging and corruption. Within this context,even if Gatesby dream depicts a hope for a better life , which is a principle of a modernist nature, the way in which Gatesby chooses to fulfil his dream is a corrupted one.This point comes to suggests the end of the American dream.From a more global perception , it calls for the end of human dreams , which is the way in which modernists depicts 20th century’s life.

An Analysis of Jose Corozon De Jesus Essay

Isang aklat na maputi, ang isinulat: Luha! Kaya wala kang mabasa kahit isa mang talata; Kinabisa at inisip mulang ating pagkabata; Tumanda ka’t nagkauban, hindi mo pa maunawa. Ang Pag-ibig, isipin mo, pag inisip, nasa-puso! Pag pinuso, nasa-isip, kaya’t hindi mo makuro. Lapitan mo nang matagal ang pagsuyo’y naglalaho; Layuan mo at kay-lungkot, nananaghoy ang pagsuyo! Ang Pag-ibig na dakila’y aayaw nang matagalan, Parang lintik kung gumuhit sa pisngi ng kadiliman. Ang halik na ubos-tindi, minsan lamang nahalikan, At ang ilog kung bumaha, tandaan mo’t minsan lamang. Ang Pag-ibig kapag duwag ay payapa’t walang agos, Walang talon, walang baha, walang luha, walang lunos! Ang Pag-ibig na matapang ay puso ang inaanod, Pati dangal, yama’t dunong nalulunod sa pag-irog! Ang Pag-ibig na buko pa’y nakikinig pa sa aral, Tandang di pa umiibig, nakikita pa ang ilaw, Ngunit kapag nag-alab na pati mundo’y nalimutan — Iyan, ganyan ang Pag-ibig, damdamin mo’t puso lamang! Kapag ikaw’y umuurong sa sakuna’t sa panganib Ay talagang maliwanag at buo ang iyong isip: Takot pa ang pag-ibig mo, hindi ka pa umiibig: Pag umibig, pati hukay aariin mong langit! Ang Pag-ibig ay may mata, ang Pag-ibig ay di bulag; Ang marunong umibig, bawat sugat ay bulaklak: Ang pag-ibig ay masakim at aayaw ng kabiyak; O wala na kahit ano, o ibigay mo ang lahat! â€Å"Ako’y hindi makasulat at ang Nanay ay nakabantay!† Asahan mo, katoto ko, hindi ka pa minamahal! Ngunit kapag sumulat na sa ibabaw man ng hukay, Minamahal ka na niya nang higit sa kanyang buhay! Kayong mga kabataang pag-ibig ang ninanais, Kayong mga paruparong sa ilawan lumiligid, Kapag kayo’y umiibig na, hahanapin ang panganib, At pakpak ninyo’y masusunog sa pag-ibig! Author’s Biography Jose Corazon de Jesus or â€Å"Pepito† was born in Trinity Road District of Sta. Cruz, Manila, on 22 November, 1894. He was the second son of Dr. Vicente de Jesus who was the first director of the Kawanihan ng Kalinisan, and his  mother was a kapampangan namely Mrs. Susana Pangilinan. He had twins, Vicente Jr, the elder and Rosa, the younger. In their family, Jose Corazon de Jesus is closer to his mother because he is sickly. Since childhood, Corazon de Jesus was aware in Tagalog tula, awit, korido and the books that was famous in those days like â€Å"Florante at Laura† and â€Å"San Raymundo†. And because of these literary works, the skills of Jose Corazon de Jesus in poetry began. He was also fond of singing, playing the piano, and various physical games.He attended his first schooling in the town of his father. The childhood of Jose Corazon de Jesus was full of enjoyment. After graduating in the primary level, he was transferred in Liceo de Manila, one of the most popular schools in Manila then, to continue his secondary level. When he graduated, he studied law at Escuela de Derecho. When he finished his degree in 1919 he did not take the bar exam. Instead, he continued his passion in poetry. In October of 1918, Jose Corazon de Jesus elope his girlfriend Asuncion Lakan. Their relationship brought three children; they were Teresa, Jose and Rogelio. Jose Corazon de Jesus is not only a poet and writer but also journalists. He became the writer of the newspaper â€Å"Demokrasya†, â€Å"Pagkakaisa†, â€Å"Taliba†, â€Å"Mabuhay†, at â€Å"Sampagita.† But he was well known in the field of â€Å"balagtasan† and â€Å"pagbigkas†. Until now, he is still very well known in this field. Jose Corazon de Jesus, or Huseng Batute, died at 12:02 in the afternoon, on May 26, 1932 in General Hospital because of intestinal disease. Analysis Love is a variety of different feelings, states, and attitudes that ranges from interpersonal affection to pleasure. It can refer to an emotion of a strong attraction and personal attachment. It can also be a virtue representing human kindness, compassion, and affection—†the unselfish loyal and benevolent concern for the good of another†. It may also describe compassionate and affectionate actions towards other humans, one’s self or  animals. Ancient Greeks identified four forms of love: kinship or familiarity (in Greek, storge), friendship (philia), sexual and/or romantic desire (eros), and self-emptying or divine love (agape). Modern authors have distinguished further varieties of romantic love. The question, â€Å"What is love?† has been discussed widely by those who are puzzled by this existential phenomenon. Indeed, what is love? Nowadays a lot have their own idea about love. Each has his own convictions and beliefs about love. There is love at first sight, love is sweeter in the second time around, some even describe it as blind, others say that love is in the air and love is you. Love is a word that has a broad meaning. We cannot elucidate it in just simple terms; we can just give the characteristics but not the meaning of it. Only the person that feels that he/she is in love can give the interpretation of it not by the words but by the action. In his encyclical Deus Caritas Est (2005), Pope Benedict XVI writes, â€Å"Today, the term ‘love’ has become one of the most frequently used and misused of words, a word to which we attach quite different meanings.† Love is emotions that cannot be understand by human reason but only by heart. Defining love is very hard for everyone but feeling in love is common to all men. That is why Corazon De Jesus put in his poem â€Å"Ang Pag-ibig, isipin mo, pag inisip, nasa-puso! Pag pinuso, nasa-isip, kaya’t hindi mo makuro.† In our times today, the word love is very common but somehow different in meaning when we refer to the oldest time when our lolo courting our lola. That is why many old persons are complaining about the issue of love in our new era. They say that the true meaning of the love is being destroyed. Corazon De Jesus wrote his poem about Pag-ibig to show his point of view about love in a poetical way. He has the imagery of love in his mind expresses through words. When a man is truly in love with a woman, he will do everything to get her sweet answer. Courting a girl in the older times is very difficult. To have the hand of the girl, a man must know how to get water from the well, get firewood in the forest or in the mountain and giving the girl some fruits or vegetable from his farm. However, this culture is being forgotten by the youth of today. Courting a girl in our times is very basic. It will start  from getting the cellphone number followed by date and then without a year, a boy can get the girl. Ang Pag-ibig na buko pa’y nakikinig pa sa aral, Tandang di pa umiibig, nakikita pa ang ilaw, Ngunit kapag nag-alab na pati mundo’y nalimutan — Iyan, ganyan ang Pag-ibig, damdamin mo’t puso lamang! True love is self-denials love. We cannot say that it is love if it is still in our heart, if we do not express it. A quotation says a bell is not a bell until you ring it; a song is not a song until you sing it, and love in your heart is not love until you give it away. Some of us are just contended that we are in love. We are afraid to share it in our love ones not because we do not love him/her but we are afraid of rejection. We are satisfied of being in love but we are scared to stay in love. Corazon de Jesus mentioned in his poem, â€Å"Ang Pag-ibig kapag duwag ay payapa’t walang agos, Walang talon, walang baha, walang luha, walang lunos!† We are very futuristic. We always think what will happen for tomorrow that is why we are being terrified. We think if the person we love today is still in love with us in the next day. If the lover would deny his need for affection, expressing love would soon become a burden and it would only result to different form of isolation . Man has a natural longing to complete himself by personally relating with other men, for without love, there can be no true interpersonal relations among people.1 There is often little evidence for loving; we have to trust the person we love and without faith we cannot love either God or other people. And without love, life is not worth living. As Corazon de Jesus said in his poem Kayong mga kabataang pag-ibig ang ninanais, Kayong mga paruparong sa ilawan lumiligid, Kapag kayo’y umiibig na, hahanapin ang panganib, At pakpak ninyo’y masusunog sa pag-ibig! Conclusion As a seminarian, being in loved is very important. As what Fr. Lloyd Cinco said to us in our retreat, â€Å"You cannot be a priest if you do not know how to love.† Love is a duty. Only when it is a duty to love, only then is love eternally secured against every change and happily secure against despair.  There are three things that destroy love. First are the changes in our inclinations and feelings. Second are the changes in the person we love. The last is the unhappiness, pain and suffering that can lead to despair. That is the cause why people are afraid to stay in love, because of the tribulations and hardships in the relationship. They are just contented in falling in love. People are also terrified of their obligations because love seeks security. Therefore swear an oath, swear fidelity to each other. However this oath offers nothing but a false security because the two persons who swear to love each other forever, swears by something that is lower than love itself. The two swear by their love to each other forever, instead of swearing love to each other by eternity. Therefore, both of them swear by something that could change over time. If what one feels changes, then there would be nothing that would bind their love. The only way to find true security if one is to make an oath is to swear by the duty that shall love. Spontaneous love is still subject to change because it is not consciously grounded upon eternal but depends entirely on one’s emotion and feeling. It could change into its opposite, into hate or it can become the sickness of jealousy.

Analytical Essay Sample on Girl with a Pearl Earring

Analytical Essay Sample on Girl with a Pearl Earring Girl With a Pearl Earring, lies at the heart of Tracy Chevaliers novel, an historical novel that doesn’t read like an historical novel. The novel has a strong plot and engaging first-person narrative voice. It centres on Vermeers prosperous Delft household during the 1660s but also the poorer household of the narrator’s family. Griet, the quietly perceptive heroine, is hired as a servant and turmoil follows. Vermeer next employs her as his assistant -and ultimately has Griet sit for him as a model. He realises she has a painterly eye and an instinctive affinity emerges between the maid and the master. One character refers to her as â€Å"wide-eyed,† suggesting both her innocence and her keen vision. She understands Vermeer’s work better than anyone else in his family. She is able to speak to him more and more as an equal and give him advice: â€Å"The colours fight when they are side by side, sir.† â€Å"The light might change the painting if I clean them (the windows).† â€Å"There needs to be some disorder in the scenery to contrast with the tranquillity.† Finally Vermeer says: â€Å"I had not thought I would learn something from a maid.† Chevalier describes the complex tensions of the household ruled over by the painters jealous, immature and eternally pregnant wife and his dominating mother-in-law. Griet, daughter of a poor artisan, has to negotiate an unfamiliar world and avoid causing offence or arousing jealousy amongst the new household’s family members and servants, a household filled with hidden conflicts where she is merely a maid. She also has to deal with her own family’s sense of loss and its tragedies, a romance with a young butcher boy at the market, the lecherous advances of one of Vermeer’s clients and a subtle, unspoken relationship with the painter himself. She is drawn into and trapped in a world of secrets and silences. Griet herself learns that she has to remain silent about many things to survive. Artists have noted that Vermeer’s paintings capture a still moment seized from a very specific time and place, creating a mood of quiet and calmness, a sense of silence around the characters. Chevalier’s writing reflects this. Her sentences are economical; the characters are reserved, their speech is simple and laconic. Often, profound emotions are conveyed through, or concealed behind, simple or formal phrases. Students can give examples of such understatement or of things left unstated altogether. The story, told in straightforward linear style, is divided into 4 parts, each part representing a year. Griet, sixteen years old when the story begins, is the narrator and tells her story in simple, understated prose. Her elegant sentences are short, reflecting her status as the uneducated daughter of an artisan. So, while the novel is very subtle, composed of a series of small domestic dramas, it is very accessible. And as in many traditional cultures, she narrates with wonderfully evocative, vivid and simple similes and metaphors: eg. â€Å"I could hear rich carpets in their voices, books and pearls and fur.† and â€Å"My mother’s voice- a cooking pot, a flagon.† Thus the class differences between Griet’s family and that of her new masters are summed up. This is a good example of how the writing, while very closely focused on Griet’s experiences, evokes a whole world- of a Dutch 17th. Century city, the artistic and scientific circles, the conflicts between Protestants and Catholics, the class structure, the guilds, the social and domestic hierarchies, the patriarchal structure of the period. The novel is like a self-contained Vermeer miniature containing ‘the world in a grain of sand.’ The novel begins in the kitchen at Griet’s home when the Vermeers arrive to hire her. It moves only between this and two other locations: the Vermeer household and the market-place. We are plunged immediately into her world. We might expect this to be remote. But it seems familiar and very comprehensible partly because of Griet’s direct, intimate voice- even while the differences with society today are profound. The unfamiliar seems very familiar. Chevalier conveys a sense of the whole society through Griet’s direct experiences. Students will need very little background history explicated by the teacher as it emerges so clearly from the narrative itself. They will connect with this world. The period detail is woven seamlessly into the narrative: â€Å"I kept the cap stiff by boiling it with potato peelings.† And, like a Vermeer painting, the novel is filled with close-up, sensuous detail: but domestic, simple, concrete and telling. It is not at all precio us in style! The novel is partly a rites of passage story, the risks and the skills needed to navigate the conflicting demands, loyalties, responsibilities and pressures on entering adult society. Griet journeys out into the wider world and leaves her little family circle and her old certainties behind. Gaining independence, she experiences a sense of loss and separation: â€Å"I was beginning to forget where my mother kept things.† and her mother rebukes her with: â€Å"Working for them has turned your head.† And, as with many teenagers, her parents fear losing her: â€Å"It’s made you forget who you are and where you come from.† She says: â€Å"I have two families now and they must not mix.† She is disturbed by the art she sees at the Vermeers’ and begins to question her old fixed beliefs, the Protestant dogmas acquired from her parents. The concept of apprenticeship is central. In her new home, she is also an outsider who has to find her way. But this is what allows her to be an objective narrator: â€Å"I felt alone there, perched high (in an attic) above the noisy household, able to see it from a distance. Rather like him (Vermeer).† There are several analogies made between her narrative and Vermeer’s painting. The novel also explores in a very immediate way that students will be able to relate to, power and hierarchies:  · class privilege and poverty and exploitation  · family hierarchies politics  · gender relationships and patriarchy: even the gentle butcher’s boy, Pieter, becomes aggressive and exploitative. Griet has to deal with the conflicting demands of three men. As a female and as a servant, she is vulnerable and is finally trapped by circumstances at the novel’s climax, facing a limited range of options, none fully satisfactory. Yet she does choose and retain some control over her destiny, maintaining her integrity. She is a heroine! It also raises interesting questions about art and patriarchy: Vermeer is a Master both of painting and of all the women in his family. His female models must be totally passive before his gaze as Subject. (Yet his mother-in-law seems to be the power behind his throne!) And while no one in the novel ever enunciates the possibility (we understand how no one then could imagine it!), the novel raises the question of why Griet could not become an artist herself.

Roman Art essays

Roman Art essays Art has changed a great deal since it began many centuries ago. Centuries dont notice the small changes that are shown even between cultures of alike times. Greeks and Romans both have beautiful pieces of art, but they were very different from each other. The amazing thing about art is that no matter how differences they are it is still beautiful in its own way. There are also alike in some ways. They that are unique with these two cultures as well, but the point that will be focused on is the differences that are found between Greek and Roman art. The pieces that will be focused on from the Greeks are Black-Figured Psykter and Red-Figured Kylix Depicting a Young Athelete, and from the Romans are Mummy Portrait of a Man and Mummy Portrait of a Young Woman. The Menil Collection in Houston holds the Roman Portraits. The Mummy Portrait of a Man is from the Fayum area in Egypt. It was painted about 150-200 B.C. It is painted in encaustic on wood, and is a Fayum portrait. The Mummy Portrait of a Young Woman is also from the Fayum area and painted in encaustic on wood. This portrait was painted about 150-200 B.C. The term Fayum portrait is actually derived from a Coptic word meaning The land of the lake, which refers to the artificial Lake Qarun. This lake was a project of the kings of the Twelfth Dynasty, and it was this lake that made a desert area of about 100 kilometers into one of the most fruitful areas in Egypt. It was such an amazing achievement that the lake still to this day gives this region water keeping it fruitful. The purpose of the Mummy Portrait of a Man as well as the Mummy Portrait of a Young Woman was to identify the mummy. These portraits were paintings of the person that they identified. The edges of the paintings have paint missing, due to the fact that these portraits were placed over the face of the mummies. The fact that both the artists of these portra ...

College Entrance Essay Example | Topics and Well Written Essays - 1500 words

College Entrance - Essay Example I am one of those employees. It was only by chance that I came across the Master of Science in Public Affairs program of the University of Massachusetts in Boston. For me, discovery of this masters program offering night-time classes was a gift from the universe because it will allow me to perfectly schedule my day and night time hours in order to pursue this much needed educational degree. Thanks to the short turn completion time , I can get my degree in 18 months instead of longer, I will be able to fast track my higher education while never skipping a beat at the office. Having worked for Anhauser - Busch in the past on their contemporary marketing team, then as a product merchandiser, before moving on to working for the state lottery as a sales representative, I am quite familiar with the need to perfectly balance my work, education, and personal time. Since the MSPA program will concentrate mostly on weekend classes and some weekend seminars, I am definite that the course load will never become too much for me to handle. When I decided to pursue a masters degree in Public Affairs, I told myself that the one thing I would not do is sit down to write a personal statement that would misrepresent myself. I am not going to do that because misrepresenting myself will not be beneficial to me should I be accepted into the program because I would have set myself up to fail due to the unreasonably high image that I would have created for myself just to get into the program. Instead, I am coming to you to present myself as a simple person, hoping to be awarded a slot in the MSPA program of your much admired academic institution. I began my career far away from the current field that I am working in as a State Lottery employee. During my younger days, I prided myself in being one of the most sought after DJs in the state. I made my money that way. Being paid to

The Impacts Of Technology Toward Human Resource Practices Essay

The Impacts Of Technology Toward Human Resource Practices - Essay Example One thing for sure is that technology has had a lot of impact on human resource practices and this will be the subject of discussion. First, the paper will discuss what technology is and the various types of technology that have come up over the years. Then the paper will analyse how these new technologies have impacted on the way HR professionals carry out their jobs or in general human resource practices such as recruiting, selection, training, performance management, knowledge management and how work is organised and lastly, the challenges faced by HRM. Technology is liked by some as well as dreaded by others especially conservatives who do not like changes. What is technology? Waddill and Marquardt (2011: 4) define technology as â€Å"any innovations humans have developed, any tool that aids us in extending and interacting with our environment.† The first technology to be developed in the fifteenth century was the printing press (Parry & Tyson, 2007; Waddill & Marquardt, 2 011). This technology enabled publishing, communication, and distribution of knowledge. The computer was the next big thing in the twentieth century followed by the web 2.0 in the twenty first century (Strohmeier, 2007). These will be discussed in the rest of the paper. Technology continues to make HRM more efficient and effective especially in the information age. It also enables access to information and to join people electronically through groupware. Costs of doing various HR activities have been reduced through use of e-HR such as self service, e-selection, e-recruiting, and Human Resource Information Systems (Hendrickson, 2003). It also saves time and increases efficiency by standardizing routines and enabling the HRM to focus on strategic issues rather than administrative tasks as well as enhancing communication and collaboration. When the printing press was introduced in fifteenth century, the HR work was made easier. Instead of writing a lot of information using pen and pap er such information could be typed and published thus saving time for other purposes. Furthermore, communication was enhanced as employees and stakeholders could access published material easily (Dessler, 2008). However, it was the invention of the computer and the internet in the twentieth and twenty first century that revolutionalised the field of work. Before computers, HR professionals handled files and documents manually thus a lot of paperwork. This made it difficult to access information when required and wastage of time and money as such costs of maintenance were high. Now professionals just need to feed information on the computer and create files for easy access (Benson et al. 2002). Information required can be printed and paper work was minimized. Information technology through use of the internet has completely changed human resource practices. The use of e-HR has enabled the professionals to conduct most of their work efficiently and effectively. One practice that has b een affected is staffing. Traditionally, HR professionals put adverts on the media for potential candidates to apply for positions through written applications. Today e-recruitment and e-selection has eased this process. Candidates now access the information on the internet and apply online hence reducing paperwork (Dessler, 2008). Information gathered is kept on database and can be accessed in future. The internet also allows HR to conduct online tests and select candidates thus making the process more efficient. Computer-networked technology has enabled learning in

Business law International Essay Example | Topics and Well Written Essays - 2000 words

Business law International - Essay Example ies, France, UK and the United States who are planning to start a business in a tax haven would have to confront several issues that go along with international taxation, most especially the OECD proposals, an organization their countries are member States. Despite the fact that individual country has its unique Taxation System, all countries are bound to act in conformity with generally accepted International rules for taxing multinational companies and their citizens when they earn some amount of incomes from overseas. Hence, the rules highlighted below hold true for all international transactions currently undertaken among nations across the globe. 2 (a) Jurisdiction for taxation: The very first step in international taxation is the determination of which place or locality is eligible or has the rights to lay claims to the taxes payable by a company. There are some descriptions that could fit how a company’s jurisdiction may be determined. The first description defines a jurisdiction as the place or location where a company is legally registered or incorporated. Even though a business owner lives in France or UK or the US, but registers his/her company in, say Bahamas, the company’s jurisdiction, according to the definition above, is Bahamas. However, it is sometimes confusing to determine which jurisdiction to apportion to a company that is totally floated online: for example, the ICT companies. In this circumstance, a company’s jurisdiction may be said to be where the company’s main economic activities take place. In other words, the company’s jurisdiction would be where its majority of bus iness operations occur; like purchasing, marketing, shipping, selling and other business activities. For example, a seller on Ebay buys advertises and sells Chinese products in the United States has the US as its jurisdiction. The theory of jurisdiction then supports the fact that a multinational company or enterprise owes its taxes to all the jurisdictions where

Business law Essay Example | Topics and Well Written Essays - 250 words - 9

Business law - Essay Example This security can be regarded as enforceable if the value has been given and the debtor has authenticated a security agreement that offers a description of the collateral which is a car. The collateral is a certified security and the security certificate is in the possession of the secured party who is this case is Frank under the RCW 62A.8-301 pursuant to the debtors security agreement. The enforceable security interest is a security agreement that becomes effective in order to create a security interest in the person’s property which is Edie’s car in this case. Frank can make other creditors of Edie know that he has interest in the car through the security agreement that he signs between him and Edie. The† security agreement† between the debtor and the secured party is defined under the U.C.C 9-102(a) (73). Which stipulates that further reference both to the definition of â€Å"security interest† and to the definition of the â€Å" agreement†. Drafter require additional evidence of the existence of a security agreement as a condition to it

Research in Sensys and competitor analysis Essay - 1

Research in Sensys and competitor analysis - Essay Example al Travel Time Solution which is â€Å"the first solution to overcome these complications (on arterial roadways) and deliver dependable arterial travel time and volume data while not presenting any privacy concerns† (Sensys Networks, Inc. ). Sensys Networkc Inc is located at 2560 Ninth Street, Suite 219 Berkeley, CA 94710. The company provides contacts to their different departments such as a dealer, a human resource representatives, sales representatives and technical support representatives. Because the nature of the business’ products are so new and innovative, there are not a great deal of competitors in this marketplace. One major competitor is the Southwest Research Institute, who is involved in developing, implementation, and maintenance of similar traffic-related technologies, such as their Intelligent Transportation System (ITS). This research institute has been developing ITS technologies and other support systems since 1992, giving them somewhat of a competitive edge when it comes to development of such innovative software. This represents a threat to Sensys Networks, as with the growth of federal interest in the deployment of ITS software, Sensys Networks must develop more quality marketing to make their own ITS products and other traffic-related software systems more competitive in pricing and in offering support and maintenance of these systems. The Intelligent Transport Systems Society is composed of those that utilize â€Å"synergistic technologies and systems engineering concepts to develop and improve transportation systems of all kinds† ( Intelligent Transportation Systems Society). The ITSS works hand in hand with the Institute of Electrical and Electronics Engineers (IEEE). Together with IEEE, ITSS sponsors conferences and symposium on electrical and electronics engineering and information technologies. Apparently, the ITS-IEEE partnership is still on the rise as they continuously sponsor conferences until 2009. The IEEE is also considered

Importance of Teams Essay Example | Topics and Well Written Essays - 750 words

Importance of Teams - Essay Example Teamwork is of prime importance not only for the health care organizations but also for other organizations. Many other industries’ work is dependant on the teamwork otherwise, it is impossible to accomplish the task assigned to them. Aviation system is one of those industries that cannot exist without the well-managed teamwork. It is a matter of life and death. The majority of the aircraft accidents are due to improper communication and weaker teamwork among the aviation staff. This industry especially trains the hired staff. Crew Resource management (CRM) is one of those efforts to increase the performance level of the teamwork. Another industry that needs teamwork as an essential part is sports and particularly auto racing. In any sports activity, every player has to understand the importance of teamwork to get success against the competitor. As far as auto racing is concerned, the coordinators need to provide the important information to the racer abruptly so he can win the game. Only proper communication and teamwork makes it possible for the racer to play smoothly. †¢ Patient Satisfaction Like any other industry, the basic motive is to satisfy the one who comes in the health care centers by providing sufficient health care and medications. The precise diagnosis, cleanliness, correct medical reports and proper curable medications is compulsory. †¢ Communication & Public Awareness The health care centers must give public awareness to promote their social work and proper communication can lead them to get competitive advantage. †¢ Organizational Process support Problem Solving

Business law Essay Example | Topics and Well Written Essays - 250 words - 9

Business law - Essay Example This security can be regarded as enforceable if the value has been given and the debtor has authenticated a security agreement that offers a description of the collateral which is a car. The collateral is a certified security and the security certificate is in the possession of the secured party who is this case is Frank under the RCW 62A.8-301 pursuant to the debtors security agreement. The enforceable security interest is a security agreement that becomes effective in order to create a security interest in the person’s property which is Edie’s car in this case. Frank can make other creditors of Edie know that he has interest in the car through the security agreement that he signs between him and Edie. The† security agreement† between the debtor and the secured party is defined under the U.C.C 9-102(a) (73). Which stipulates that further reference both to the definition of â€Å"security interest† and to the definition of the â€Å" agreement†. Drafter require additional evidence of the existence of a security agreement as a condition to it

Importance of Teams Essay Example | Topics and Well Written Essays - 750 words

Importance of Teams - Essay Example Teamwork is of prime importance not only for the health care organizations but also for other organizations. Many other industries’ work is dependant on the teamwork otherwise, it is impossible to accomplish the task assigned to them. Aviation system is one of those industries that cannot exist without the well-managed teamwork. It is a matter of life and death. The majority of the aircraft accidents are due to improper communication and weaker teamwork among the aviation staff. This industry especially trains the hired staff. Crew Resource management (CRM) is one of those efforts to increase the performance level of the teamwork. Another industry that needs teamwork as an essential part is sports and particularly auto racing. In any sports activity, every player has to understand the importance of teamwork to get success against the competitor. As far as auto racing is concerned, the coordinators need to provide the important information to the racer abruptly so he can win the game. Only proper communication and teamwork makes it possible for the racer to play smoothly. †¢ Patient Satisfaction Like any other industry, the basic motive is to satisfy the one who comes in the health care centers by providing sufficient health care and medications. The precise diagnosis, cleanliness, correct medical reports and proper curable medications is compulsory. †¢ Communication & Public Awareness The health care centers must give public awareness to promote their social work and proper communication can lead them to get competitive advantage. †¢ Organizational Process support Problem Solving

Instructional Design Essay Example for Free

Instructional Design Essay Organizational success primarily lies upon the quality of the people working with ay concerned organization. Under this concept, soft skills must be essentially established through efficient and effective hiring or recruitment methods and polished through rational and functional training facilities and techniques. In essence, this was strategically applied by American Express by initiating an extensive and all-encompassing training program that would address the technical and attitudinal qualities of its workforce in order to meet its corporate goals and objectives.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Basically, the corporate training department at the American Express sought to train and empower the organization’s distributed servicing network. But targeting this goal is not as easy as formulating corporate policies. There are factors and concerns to consider— that is, to address the five Ws and one H in human resource management— who may conduct the training, what kind of training program may be executed, where to carry it out, why is it needed, when will it be initiated, and how will it be initiated.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   To the leaders of the America Express, training of the organizational workforce is needed in order to prepare its workforce for their corporate function, which is to communicate with and promote the company’s products and services to patrons of all ages, and from any part of the world and socioeconomic background.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   This initiative did not come without any purpose or goal at all. The organization, in determining that such workforce training was necessary, conducted extensive study and even perhaps consequence-benefits analysis so to justify the carrying out of said training program. The executives of the training department of the company actually determined a number of years ago that they had to improve the workforce’s skills and capability to communicate and interact with costumers around the world. Upon realizing that â€Å"some representatives continued to struggle to master both content and communication ability,† based on the assessment of Ms Beth Harmon, the acting vice president of operations training, the training department decided to install a simulated environment for new recruits’ preparation and training.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The goal of the training is mainly to successfully prepare the company’s representatives for their organizational functions, which is to efficiently and effectively relay to and communicate the company’s products and services to prospective buyers from around the globe. As a result, new recruits were trained on how to handle time efficiently, how to ensure quality service, how to execute costumer treatment and how to observe availability. The challenge here is to initiate a different â€Å"philosophy†, which is the result of the transformation from an academic to a professional model.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The goal of the training is basically to ensure and achieve quality performance on the part of the company’s representatives and productivity and profitability on the part of the company. But it does not just end there. In may be inferred then based on the corporate acts that the company’s executives wanted to provide for its costumers of any age and socioeconomic background that American Express does not just mean business— in that it cares for and considers the costumers’ interests, satisfaction, and contentment.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Some of the special attributes of the training situation lies on the fact that every aspect of the costumers’ satisfaction and even standpoint is taken into account. The integration of information technology makes it effective and reliable in ensuring that the following goals may be achieved— simulations, role play, speech recognition, and close instruction and coaching support. The employment of the simulated call environment— SIMON (Simulated Online Network)— made the training program more effective.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The training was developed by way of involving a â€Å"holistic solution† that infuses or enmeshes an assortment of IT-based technologies into the training system, which includes those goals already mentioned above such as simulations, role play and so on.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   E-learning or virtual learning is part of the solution mainly because the tool by which the representatives communicate with and relay the company’s products and services to costumers is essentially virtualized. As what Harmon said, technology is just the means or instrument to get to the issues of the costumers.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The training was implemented by starting with a pilot program, a way of considering the performance metrics. A two-day training was conducted and it was observed that two weeks hence, results were positive as there was substantial increase in Easy to Understand, Listening, Courtesy, which had 55 percent, 13 percent, and 8 percent ratings, respectively.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The intended result of the training is to brace the representatives for these increasing functions of relaying to and communicating the company’s products and services to its target market. But one of its purposes, particularly in the aspect of e-learning, is to know the issues of the costumers and the way to get it is through virtual learning. There is only one goal of this training— to further establish American Express in the globalized market, thereby ensuring productivity and profitability.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In measuring the effectiveness of the program, the company conducted a pre-assessment and post-assessment method in order to know whether the training resulted in positive changes. It then leveraged the training efforts and expanded the effects of learning in both globalization and work purpose.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Overall, my impression of the organization’s solution is that it fits well for the organizational goals and objectives, as well as the nature of its business. For being a company engaged in selling, it has to hone and improve the selling and communication capabilities and skills of its representatives. This training initiative only means that global competition is getting stiffer and stiffer and corporate organizations, in order to survive, must not only need to brace their strategies and acquire new technologies, but must prepare and train their representatives as well.

Depression in Children and Adolescents

Depression in Children and Adolescents I.INTRODUCTION. A. Greeting. Good Afternoon, my name is Sonia Cruz. Today Iï ¿ ½m going to talk about Depression in Children and Adolescents. B. Attention Grabber. Concord McGrath, Michael According to the Centers for Disease Control The suicide rate in the U.S. is 11 per 100,000 people. This makes the national suicide rate significantly higher than the nationï ¿ ½s homicide rate, with three suicides for every two homicides. Many of 30,000 suicides reported annually in the United States result from depression. Depression accounts for two thirds of all suicides. Suicide rates amongst children are especially alarming, with untreated depression identified as the single greatest suicide risk. Suicide ranks as the third leading cause of death for 15 to 24 year olds, and the fourth leading cause of death for children aged 10 to 14 (McGrath, Michael.) C. Credibility Statement. Today I chose to talk about this topic because my best friend started to develop a very severe depression at a very young age I didnt know what was happening to her until she attempted to commit suicide, she opened herself after the incident, and began to relate me how life was so unfair with her and how she rather preferred to die than to live an empty life. D. Relevance. It is important to know what depression is because is not just the blues a child or adolescent may possible have, but it can be a serious mental illness, in addition it is a disorder that affects and causes pain for both the person with the disorder and the ones who care about these young people. E. Thesis Statement My objective today is to inform why children and teens may have depression, the different types of depression young people can experience, as well what can be done to help children and adolescents who suffer from depression. F. Preview. Children and adolescents are the future of our country, however many of these kids and teens are suffering from a mental illness that interfere with their daily life routines. One of these mental health problems is depression a mental illness that is real, painful, and furthermore serious to deal with causing young people to commit suicide. There are different types of depression and have distinctive symptoms, causes, and effects. Being able to identify what kind of depression a children or teen may have can help us to recognize the symptoms, and to be aware if this young people may have depression. G.[Transition] Know im going to talk the reason this young people may suffer from depression. II. BODY. A. Main Point#1: Depression is one of the mental and emotional behaviors that affect everyone including children and adolescents. There have been a lot of research to find out what may cause depression, however there is no a clear understanding of this mental illness at the moment, but the believe it is that is caused by a combination of biological and environmental factors. 1. Depression itï ¿ ½s caused by different factors such as genetics. Children and teenagers that have a family history of depression are more susceptible to get depression although some are not affecting by these genes and are not affected by this mental illness. Genetics can play a big role in depression, still is not the single cause of depression. 2. Life events also play an important role in depression. Infants and teens find very difficult to assimilate a tragic events such as the death of a love one, which can lead to grief and sadness. Other difficult life events are when parents divorced or remarry, or lose of a relationship; even events like moving from neighborhood or changing school can be emotionally challenging enough that can also lead to depression. 3. An additional cause that can lead to depression is the environment in which some children and teens live such as: a negative family atmosphere, or a stressful experience in school that affects their self- esteem and lead to depression. 4. When young people have depression they find difficult to fit in with everyday activities and daily responsibilities. They have difficulties getting along with others and suffer from low self-esteem; signs of depression include: sadness that will not end hopelessness, boredom, unexplained irritability or crying, loss of interest in activities that were once enjoyable, difficulty concentrating, reckless behavior, and frequent thoughts about death or suicide. 5.[Transition] Although it is important to know why children and teens can have depression, it is also important to know the different types of depression these young people can experience. B. Main Point #2 According to Schoenstadt, Arthur There are a number of different types of depression that a person can experience. Several of them start during the teenage years. The most frequently diagnosed types of depression in teens include: Major depression Dysthymia and Bipolar disorder (Schoenstadt, Arthur) 1.Major depression: Major depression is also known as clinical depression,unipolar depression, and major depressive disorder. This type of depression last at least 7 to 9 months and its symptoms are lack of pleasure in activities that were once enjoyable, persistent feel of sadness sleep problems, loss of appetite, inability to concentrate, memory problems, and aches and pains. People who suffer from this condition often feel worthless, helpless, and hopeless about their ability to fix things. Children and teens who suffer from this kind of depression relay on sleep because when they wake up they see the real world as their nightmare.Sometimes, when major depression goes untreated, it will run its course and leave by itself. Recent research has shown that genetic and stress play a role in major depression . 2.Dysthymia depression: Dysthymia depression also known as double depression. This kind of depression last at least two weeks this depression its almost the same as major depression the only difference its that has milder symptoms and last shorter. Some symptoms of dystymia depression in children and teens are: poor school or work performance, social withdrawal ,shyness ,irritable hostility ,conflicts with family and friends and sleep irregularities According to Healthy Place About three percent of the population will suffer from dysthymia at some time a rate slightly lower than the rate of major depression. Like major depression, dysthymia occurs twice as often in women as it does in men. It is also more common among the poor and the unmarried. The symptoms of dysthymia usually appear in adolescence or young adulthood but in some cases do not emerge until middle age. 3.Bipolar depression disorder: Bipolar disorder also known as Manic-depressive illness this type of depression has severe symptoms this disorder causes change in moods as an example people who experience this disorder experience unusually intense emotional state that occur in distinct period its called mood episodes or an overly joyful state is called manic episode and an extremely sad or hopeless state is called a mixed state. Another symptom is the change on energy, activity levels and the ability to do normal tasks in daily routines. Bipolar disorder symptoms can result in damaged relationships, poor school or job performance, and may even lead to suicide. Some people start to develop this disorder during childhood, but normally develops in a persons late teens 4.[Transition] Equally important is to know what can be done to help children and teens who suffer from depression. C. Main Point #3 When children and teens are depressed it doesnt affect them only, it also affect the ones who care about him. That is why relatives and friend should be aware of what can they do to help. The first and most important thing relatives and friend can do to help a young person with depression is to seek professional help. 1. A doctor or mental health professional will make an evaluation and will diagnostic if the child or teen have depression; why he or she might have depression and what type of depression she or he might have.Once diagnosed, the child or teen with depression she or he can be treated with a number of methods. The most common treatments are psychotherapy and antidepressants. 2. Psychotherapy is the treatment of mental and emotional disorders through the use of psychological techniques designed to encourage communication of conflicts and insight into problems, with the goal being personality growth and behavior modification.This process is often call talk therapy because it involves the patient and therapist sitting in a room talking. Concord Schimelpfening, Nanci Psychotherapy can be an effective treatment for depression, because it helps the patient delve into the underlying reasons for his depression and learn new coping skills. Good evidence exists that one particular type of psychotherapy, called cognitive-behavioral therapy, may be just as effective as an antidepressant in treating depression. Several studies suggest, however, that the combination of an antidepressant and psychotherapy is the best approach. While psychotherapy is useful for ferreting out the psychological factors that contribute to depression, antidepressant medication corrects the underlying chemical imbalance( Schimelpfening, Nanci).Psychotherapy treatments are usually the first choice for children and adolescents this can be an individual therapy or a family therapy or both. 3. According to the National Institute of Mental Health Depression is commonly treated with antidepressant medications. Antidepressants work to balance some of the natural chemicals in our brains. These chemicals are called neurotransmitters, and they affect our mood and emotional responses (Depression). Antidepressants are prescription drugs that help people achieve their recovery, but as all drugs it have many benefits as well side effecs that is why these antidepressants should only be taken under a doctors supervision, whether antidepressant medication is the best treatment option depends on how severe the child or teen depression is, their history of illness, and their personal preferences, most teens do best with a combination of medications for depression and therapy. 4.When children and adolescents are going through treatment is important to support them to listen to them and to tell them how important they are. III. CONCLUSION A. Signal Before concluding my talk. I hope and i make clear what is depresion on children and adolescent. B. Thesis Restatement. My purpose today was to give you information about the different types of depression young people can experience, as well what can be done to help children and adolescents who suffer from depression. C.Summary of Main Points. 1.Main Point #1 Know you know that depression is a mental and emotional illness that can have many different factors such as biological and environmental. 2.Main Point#2 Secondly and not least important we have a clear understanding of the different types of depression and how they affect children and adolescents. 3.Main Point#3 Today we also learn what can relatives and friends can do to help a child or teen who is facind depression. D.Concluding Remarks,Memorable Statement, and/or call to action Why live? Why die? to keep on living an empty life. these word were from a 14 years old who commit suicide from depression

Should The Harris Superquarry Go Ahead? :: essays research papers

Should The Harris Superquarry Go Ahead? TABLE OF FIGURES FIGURE 1 LOCATION OF THE SUPERQUARRY  Ã‚  Ã‚  Ã‚  Ã‚  3 1 SUMMARY There is considerable environmental opposition to the development of the Harris superquarry. This is unlikely to stop the development on its own, but if the Scottish Office decides that the project can go ahead environmental restrictions are likely to be imposed on the operation to minimise, as far as possible, the impact. The reasons for the development centre round the need for economic development to bring jobs and prosperity to this remote area. The life of the quarry is expected to be around 60 years and provide an initial 30 jobs, rising to 80 as the quarry reaches peak production. The question is if a superquarry is the best solution to the problems of a remote rural area. What will happen when the jobs come to an end and would another form of investment not be more appropriate to their needs? Would the presence of a quarry restrict the choice for further development? Could an integrated approach be adopted and a 2nd generation quarry planned? The decision of whether or not to go ahead cannot be delayed indefinitely as Norway and Spain are looking at developing their own. If it is to go ahead then an early start will give Harris a stronger position in the market. 2 INTRODUCTION This report examines the controversy and key issues surrounding the superquarry at Rodel, Lingerbay on the southern coast of the Isle of Harris (Figure 1) and attempts to find an acceptable solution. The quarry will hollow out the heart of the mountain but leave enough of a shell to leave the skyline largely unaffected. The whole question of whether or not it should go ahead or not is the subject of the current public enquiry in Stornaway. A decision must be made soon. The market for aggregates is limited, Norway and Spain (Section 3.1, 1991) have their own sites and are also looking at the potential for developing them. FIGURE 1 LOCATION OF THE SUPERQUARRY   Ã‚  Ã‚  Ã‚  Ã‚  (Glasgow Herald, 20/10/94) 3 THE ISSUES SURROUNDING THE DEBATE 3.1 History 1927  Ã‚  Ã‚  Ã‚  Ã‚  A detailed geological survey identified the deposit of anorthosite. 1965  Ã‚  Ã‚  Ã‚  Ã‚  Planning permission was given in principle to quarry the rock. The remit covered a larger site than is planned today. 1966  Ã‚  Ã‚  Ã‚  Ã‚  Some small scale quarrying took place but found an on site rock crushing plant and a deep harbour were necessary for economic viability. 74-76  Ã‚  Ã‚  Ã‚  Ã‚  Outline planning permission was given for quarrying, shipping and loading facilities but this was never acted on. 1977  Ã‚  Ã‚  Ã‚  Ã‚  The Scottish Office issued National Planning Guidelines. Harris was identified as one of 9 potential sites. (The Scotsman 18/7/93)

Greatness :: essays research papers

When a Jewish girl living in Krakow under false papers visits Schindler, she asks that he hire her parents to work in his factory. He is infuriated with the girl and she runs from him, fearing her life and liberty. Schindler expresses his rage at Stern, whom he accuses of harboring Jews in the "haven" of a factory. Schindler is not angry at the idea of his factory as a haven, but the fact that such activities are illegal. However, as the atrocities of the Nazis become more apparent, Schindler begins to see the great opportunity he is presented with. He hires the girl's parents. Although there is no dialogue to give the viewer any direct clues, the scene in which Schindler observes the liquidation of the ghetto at Krakow hints at the change that begins to overtake him. He appears to be gripped by the stark realization of what the Nazi's are actually doing. He watches from a hill overlooking the ghetto, as Jews are massacred and children are oblivious to what is happening. The horror of it all overtakes his mistress, and she begs him to leave the tragic scene. Later, the change that has overtaken Schindler becomes more apparent. In a conversation with Hauptsturmfuhrer Amon Goeth, Schindler expresses his feelings about the relationship between that Nazis and the Jews. Goeth states that the reason the Jews fear the Nazi's is because they have the power to kill. Schindler believes otherwise. He says that the power to kill is a punishment to be used in exercising justice, but the real power lies in exercising mercy. According to Schindler, to have every justification for killing someone and letting him or her go demonstrates real power. This idea leaves an impression on Goeth, who begins to practice "mercy" the next day in his dealings in the concentration camp. Unfortunately, practicing mercy does not leave Goeth with the same fulfillment as murder, and he reverts to his old habits. This demonstrates a fundamental difference in the way Goeth and Schindler see the Jews. Goeth views them in typical Nazi fashion. His deep-rooted resentments, hatred, and perhaps even sadism, do not allow him to treat the Jews in a humane fashion. He sees them as a scourge to be eliminated, and at the very least a means to an end. He finds joy in shooting innocent Jews from his hilltop villa, and from exploiting them in cruel and unusual ways. He even finds pleasure in beating his maid.

War and Witchcraft

The War of Religion also known as the Huguenots War lasted for about forty years (1562-1592). This war was mainly between the Huguenots and the Catholics of France. Within France a Feudal Rebellion took place between the church, nobles, courts, guilds, towns and provinces; all of which rebelled against the King. A traditional saying â€Å"Une foi, un loi, un roi (one faith, one law, one King)† (Newman, 2004) indicates how society, state and religion are all bound within the people's minds. Although religion was the main reason behind the wars, it also was definitely not the only reason. Social and Cultural Issues Religion affects society in many areas and in such a profound way. It also shapes the moral standards of those individuals in which influences policy makers decisions (Gale Group, 2007). For some societies, sharing a religion makes for a powerful bond socially. However, when these people with different religions try to live with others of different faiths, this can lead to conflict as well war (Gale Group, 2007). The social consensus in Europe for over a millennium was formed through religion. The essential view to order was one faith or how else would have society been held together (Newman, 2004). Because without the right faith, pleasing God and upholding natural order, disaster was to follow. As well, innovation was also trouble; leaving things the way they were is how they should be and any new ideas could lead to anarchy and ruin (Newman, 2004). So, during this period no one would dare admit that they were an innovator (Newman, 2004). In addition, the Renaissance was thought as rediscovering a much purer period in their history and Reformation was made not to feel new but a return to the true religion of Christianity (Newman, 2004). Women in the West For many centuries women were classified as unequal to that of man and considered property. They could hold their own power in a private sphere because a public sphere was for the men only, which had to do with politics, law and markets (Cooper, 2007). Women's private spheres consisted of mother's, family, wives and their households (Cooper, 2007). However, if a woman became a widow she becomes the sole responsibility to her own lands and was granted extensive legal rights and could be received in the public sphere with the exception of sanctioned authority (Cooper, 2007). The Renaissance, the Reformation, the Age of Discovery and the Age of Information brought about many changes for women. Women became teachers, writers, artist and knights. However, women in small numbers started as early as the Medieval period. But, during the fifteenth century to the eighteenth century, saw an increase in the number of women in the arts. These women often struggled for public support and were not always accepted by the trade. Men placed restrictions on the type of art they could do, including not being able to use a live nude model. The women who choose to write, became influential when their works were allowed to be published; they wrote books on love, romance and war as well politics. As well, women began to see their own power and beauty as something to be shared and appreciated. The women writers of early periods wrote about poetry and the beauty of women as opposed to the period of the War of Religion in which women began writing their political views and their rights as women and as equals to men. For example, Moderata Fonte (1515-1582) also known as Modesta Pozza wrote a book named The Worth of Women (Sunshine For Women, 2001). Political Issues The Wars of Religion in France were between the Roman Catholics and the Protestants, mostly Huguenots who fought for control of their rights as Protestants and political influences. The majority of Catholic France instigated the war against the Protestants however, the most well known was the Bartholomew's Day Massacre on August 24, 1572. On this day Paris Catholics raised arms against visiting and local Calvinist, which resulted in the death of more than 3,000 Calvinist. Because the war expanded for forty years, in between that time there was also a period of peace (Butler, 2007). However, history identifies seven wars during this period with short periods of peace in between them, which has caused confusion in French history (Butler, 2007). In addition, it is well known that religion was the biggest reason for the wars however other factors such as; the noble factions fighting amongst themselves, old feudal provinces lead revolts, which added and exposed the French State's weaknesses (Butler, 2007). As well, foreign intervention by Spain and England added to the turmoil and violence. Finally, France was lead by a very weak monarch in which allowed these forces to tear apart the country (Butler, 2007). Number One Social Problem of the 17th Century The seventeenth century saw many political, social and cultural changes. With the decline of wars, plagues and economic depression; it also brought about the hunt for witches. Witchcraft trials were considered a common place between 1580 and 1650 that lead to almost 100,000 trials. Additionally, this lead to widespread panic of mass hysteria. The majority of witches tortured and executed by burning at the sake were women and in Calvinist areas (Big Site of History, 2010). Historians are not agreed on why an outbreak of witch persecutions would occur in one place rather than another—in Scotland and New England, in Switzerland and France—except to say that where popular magic was commonplace, so was the fear of witches. Trials also usually followed a period of fear about the future and concern over apparent changes in ordered and stable conditions. Nor were the educated spared—indeed, they were often in the lead when a community sought out a witch. (Big Site of History, 2010) Conclusion Although religion was a major factor behind the wars, it was not the only reason because of noble factions fighting amongst themselves, old feudal provinces lead revolts to weaken the French and foreign intervention by Spain and England added to the mix of turmoil and destruction and a weak French monarch allowed all these factors to tear apart the country. Europe for over a millennium had one view; one faith and without it disaster is sure to follow. Women's influence on the west was substantial, in fact they became more aware of their influence in the private and public sphere and lastly, society was plagued not by disease but by witchcraft during the seventeenth century and even though magic was commonplace, witches brought fear and widespread mass hysteria. Although the reasons for the outbreak are unknown, more than 100,000 trials and executions were performed on a vast majority of women and in Calvinist areas.

Law and Cases

Page 1 All ER Reprints/[1914-15] All ER Rep /Hickman v Kent or Romney Marsh Sheep Breeders' Association and another – [1914-15] All ER Rep 900 Hickman v Kent or Romney Marsh Sheep Breeders' Association and another [1914-15] All ER Rep 900 Also reported [1915] 1 Ch 881; 84 LJ Ch 688; 113 LT 159; 59 Sol Jo 478 CHANCERY DIVISION ASTBURY J 4, 25 MARCH 1915 31 MARCH 1915 Arbitration – Submission – Article of company – Application for membership of company and acceptance Rule for all disputes between company and members to be referred.Company – Articles – Effect – Contract between members and company and between members inter se. In 1905 the plaintiff was elected a member of the defendant association, and he then agreed to conform to its rules and regulations. By art 49 of the articles of association differences between the association and any of its members relating to any of the affairs of the association must be referred to the decision o f an arbitrator.In 1914 the plaintiff issued a writ against the association and its secretary claiming injunctions and declarations in respect of matters which related to the affairs of the association and for certain other relief, which in substance was to enforce his rights under the articles. On an application by the defendants for a stay of the action pursuant to s 4 of the Arbitration Act, 1889, and to refer the matters in dispute to arbitration in accordance with the terms of art 49,Held: (i) art 49 must be treated as a statutory agreement between the members and the association as well as between themselves inter se, and it constituted a submission to arbitration within the Arbitration Act, 1889; (ii) the application for membership by the plaintiff and its acceptance by the association constituted a contract between the plaintiff and the association by which the plaintiff agreed in writing to conform to the regulations of the association, one of which regulations was that all ifferences between the association and a member should be submitted to arbitration, and that contract also constituted a submission to arbitration; therefore, on both those grounds a stay of the action would be granted. Notes Applied: Anglo-Newfoundland Development Co v R, [1920] 2 KB 214. Considered: Agricultural Wholesale Society v Biddulph and District Agricultural Society, [1925] Ch 769; Beattie v Beattie, Ltd, [1938] 3 All ER 214. Applied: Kanssen v Rialto (West End) Ltd, [1944] Ch 154. Considered: Rayfield v Hands, [1958] 2 All ER 194.Referred to: London Sack and Bag Co v Dixon and Lugton, Ltd, [1943] 2 All ER 763. As to the effect of memoranda and articles of association, see 6 HALSBURY'S LAWS (3rd Edn) 127-130, and for cases see 9 DIGEST (Repl) 85-88. As to submissions to arbitration and stay of proceedings, see 2 Page 2 HALSBURY'S LAWS (3rd Edn) 3 et seq, and for cases see 2 DIGEST (Repl) 421 et sec. For Companies Act, 1948 see 3 HALSBURY'S STATUTES (2nd Edn) 452, and for Arbitration Act, 1950, see ibid, vol 29, p 89. Cases referred to: 1) Willesford v Watson (1873) 8 Ch App 473; 42 LJ Ch 447; 28 LT 428; 37 JP 548; 21 WR 350, LC & LJJ; 2 Digest (Repl) 452, 190a. (2) Re Tavarone Mining Co, Pritchard's Case (1873) 8 Ch App 956; 42 LJ Ch 768; 29 LT 368; 21 WR 829, LJJ; 9 Digest (Repl) 85, 362. (3) Melhado v Porto Alegre Rail Co (1874) LR 9 CP 503; 43 LJCP 253; 31 LT 57; 23 WR 57; 9 Digest (Repl) 53, 152. (4) Eley v Positive Government Security Life Assurance Co (1875) 1 ExD 20; 45 LJQB 50; 33 LT 743; 24 WR 252; affirmed (1876) 1 ExD 88; 45 LJQB 451; 34 LT 190; 24 WR 338, CA; 9 Digest (Repl) 87, 372. 1914-15] All ER Rep 900 at 901 (5) Browne v La Trinidad (1887) 37 Ch D 1; 57 LJ Ch 292; 58 LT 137; 36 WR 289; 4 TLR 14, CA; 9 Digest (Repl) 87, 374. (6) Kelner v Baxter (1866) LR 2 CP 174; 36 LJCP 94; 15 LT 213; 15 WR 278; sub nom Kelmer v, Baxter, 12 Jur NS 1016; 9 Digest (Repl) 682, 4498. (7) Re Famatina Development Coops, Ltd, [1914] 2 Ch 271; 84 LJ Ch 48 ; 30 TLR 696, CA; 10 Digest (Repl) 978, 6731. (8) MacDougall v Gardiner (1875) 1 Ch D 13; 45 LJ Ch 27; 33 LT 521; 24 WR 118, CA; 9 Digest (Repl) 619, 4130. (9) Pender v Lushington (1877) 6 Ch D 70; 46 LJ Ch 317; 9 Digest (Repl) 609, 4039. 10) Imperial Hydropathic Hotel Co, Blackpool v Hampson (1882) 23 Ch D 1; 49 LT 150; 31 WR 330, CA; 9 Digest (Repl) 553, 3655. (11) Johnson v Byttle's Iron Agency (1877) 5 Ch D 687; 46 LJ Ch 786; 36 LT 528; 25 WR 548, CA; 9 Digest (Repl) 350, 2243. (12) Bradford Banking Co, Ltd v Briggs & Co, Ltd (1886) 12 App Cas 29; 56 LJ Ch 364; 56 LT 62; 35 WR 521; 3 TLR, 170, HL; 9 Digest (Repl) 85, 363. (13) Word v Odessa Waterworks Co (1889) 42 Ch D 636; 58 LJ Ch 628; 37 WR 733; 5 TLR 596; 1 Meg 265; 9 Digest (Repl) 86, 364. (14) Salmon v Quin and Axtens, Ltd, [1909] 1 Ch 311; 78 LJ Ch 367; 100 LT 161; 25 TLR 164; 53 Sol JoPage 3 150, CA; affirmed sub nom Quin and Axtens, Ltd v Salmon, [1909] AC 442; 78 LJ Ch 506; 100 LT 820; 25 TLR 590; 53 Sol Jo 575; 16 Man s 230, HL; 9 Digest (Repl) 498, 3283. (15) Welton v Saffery, [1897] AC 299; 66 LJ Ch 362; 76 LT 505; 45 WR 508; 13 TLR 340; 41 Sol Jo 437; 4 Mans 269, HL; 9 Digest (Repl) 203, 1293. (16) Bisgood v Henderson's Transvaal Estates, Ltd, [1908] 1 Ch 743; 77 LJ Ch 486; 98 LT 809; 24 TLR 510; 52 Sol Jo 412; 15 Mans 163, CA; 9 Digest (Repl) 201, 1288. (17) Re Lewis, Ex parte Munro (1876) 1 QBD 724; 45 LJQB 816; 35 LT 857; sub nom R v Munro, Re Lewis, 24 WR 1017, DC; 42 Digest 126, 1211. 18) Caerleon Tinplate Co v Hughes (1891) 60 LJQB 640; 66 LT 118; 7 TLR 619; 2 Digest (Repl) 423, 27. (19) Baker v Yorkshire Fire and Life Assurance Co, [1892] 1 QB 144; 61 LJQB 838; 66 LT 161; 2 Digest (Repl) 423, 28. Also referred to in argument: Morgan v W Harrison, Ltd, [1907] 2 Ch 137; 76 LJ Ch 548; 97 LT 445, CA; 2 Digest (Repl) 445, 170. Borland's Trustee v Steel Bros & Co, Ltd, [1901] 1 Ch 279; 70 LJ Ch 51; 47 WR 120; 17 TLR 45; 9 Digest (Repl) 99, 446. Re Wheat Buller Consols (1888) 38 Ch D 42; sub n om Re Wheal Buller Consols Ltd, Ex parte Jobling, 57 LJ Ch 333; 58 LT 823; 36 WR 723; 4 TLR 282, CA; 9 Digest (Repl) 469, 3071.Adjourned Summons by which the defendants applied for a stay of the action under s 1 of the Arbitration Act, 1889 [see now s 4 of the Arbitration Act, 1950]. The defendants, the Kent or Romney Marsh Sheep Breeders' Association and their secretary, W W Chapman, applied for an order staying all proceedings in the action pursuant to s 4 of the Arbitration Act, 1889, and referring the matters in dispute in the action to arbitration under art 49 of the articles of association of the association.The Kent or Romney Marsh Sheep Breeders' Association was incorporated under the Companies Acts in the year 1895 as an association not for profit, the defendant [1914-15] All ER Rep 900 at 902 W W Chapman having been the secretary since the incorporation of the association. On 8 November 1905, the plaintiff, Alfred John Hickman, wrote to Chapman as such secretary stating he wished to become a member of the association, and in reply on 10 November 1905, Chapman wrote to the plaintiff inclosing a form of application for membership.This form, completed and signed by the plaintiff, was received by Chapman on or about 12 November 1905, and was as follows: Page 4 â€Å"Kent or Romney Marsh Sheep Breeders' Association (Incorporated). – Application form for membership. – I, Alfred J Hickman, of Court Lodge, Egerton, in the county of Kent, am desirous of becoming a member of the Kent or Romney Marsh Sheep Breeders' Association (Incorporated) as a flock owner, and I engage when elected to pay the entrance fees, annual subscriptions, nd such fees for entry of ewe flocks and individual sheep as may then be in force or subsequently adopted, together with all such costs for inspection and tattooing as may be sanctioned by the council for the time being, and to conform to the rules and regulations of the association until I by notice in writing to the secretary cease to be a member of the association. – Signature, ALFRED J HICKMAN. – Dated Nov 11, 1905. † The plaintiff was elected a member of the association on 12 December 1905, and he was informed of such election by letter on 14 December 1905.By art 49 of the articles of association of the defendant company: â€Å"Whenever any difference arises between the association and any of the members touching the true intent or construction or the incidents or consequences of these presents or of the statutes, or touching anything then or thereafter done, executed, omitted, or suffered in pursuance of these present, or of the statutes, or touching any breach or alleged breach of these presents, or any claim on account of any such breach or alleged breach, or otherwise relating to the premises or to these presents, or to any statute affecting the association, or to any of the affairs of the association, every such difference shall be referred to the decision of an ar bitrator to be appointed by the parties in difference or if they cannot agree upon a single arbitrator, to the decision of two arbitrators, of whom one shall be appointed by each of the parties in difference, or an umpire to be appointed by the two arbitrators. â€Å"On 18 December 1914, the plaintiff issued the writ in the present action claiming, inter alia, an injunction to restrain the defendants from taking any steps to expel him from the association or doing any act or acts in derogation of his rights as a member of the association, and damages for refusing to register his sheep, and a declaration that he was entitled to have his sheep registered. A summons for directions was issued, but before it was heard or any further step taken is the action, the defendant association and Chapman issued this summons far the hearing of an application by them that all further proceedings be stayed, pursuant to s 4 of the Arbitration Act, 1889, and that the matters in question in the action should be referred to arbitration in accordance with art 49 of the articles of the association.By s 4 of the Arbitration Act, 1889 [see now Arbitration Act, 1950, s 4]: â€Å"If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court, or a judge thereof, if satisfied that there is no sufficient reason why the matter should not be referred is accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, [1914-15] All ER Rep 900 at 903 and still remains, ready and willing to do all things necessary to the proper conduct of the arbitrat ion, may make an order staying the proceedings. † By s 27 [see s 32 of Act of 1950]: â€Å"‘Submission' means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not. â€Å"By s 14(1) of the Companies (Consolidation) Act, 1908 [see now s 20 of Companies Act, 1948]: â€Å"The memorandum and articles shall, when registered, bind the company and the members thereof to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member, his heirs, executors, and administrators, to observe all the provisions of the memorandum and of the articles, subject to the provisions of this Act. † Page 5 Micklem, KC, and F Hinde for the defendants. Frank Russell, KC, and HS Simmons for the plaintiff in the action. Cur adv vult, 31 Mar 1915 ASTBURY J: (read the following judgment) This is a summons by the defendants to stay proceedings in the action under s 4 of the Arbitration Act, 1889 [see now s 4 of Arbitration Act, 1950].The plaintiff, by his writ in the action, which is brought against the defendant association and their secretary, claims injunctions, a declaration, and certain other relief in respect of matters which arise out of and relate solely to the affairs of the association, which relief is, in substance, to enforce the plaintiff's rights under the articles of association of the defendant company. It is admitted by the plaintiff that the action is against, the association and the second defendant as its officer, and no point is made by the plaintiff of there being two defendants. The association is a limited company registered under the Companies' Acts, and by its memorandum of association it is provided (inter alia) that the objects of the association are â€Å"the encouragement of the breeding of Kent or Romney Marsh sheep at home and abroad and the maintenance of the purity of the breed† Further: The es tablishment and publication of a flock book of recognised and pure-bred sires which have been used, or ewes which have been bred from, and of such other flock books (if any) which the council may think fit and the annual registration of the pedigrees of such sheep as are proved to the satisfaction of the council to be eligible for entry. †¦ The undertaking of the arbitration upon and settlement of disputes and questions relating to or connected with Kent or Romney Marsh sheep and the breeding thereof, and for other subsidiary purposes. † By art 49 disputes between the association and any of its members are to be referred to arbitration.This is a common form of article in private companies, and, the objects of the association being what they are, it and its members might he seriously prejudiced by a public trial of their disputes. If this summons fails, as the plaintiff contends that it should, these arbitration clauses in articles are of very little, if any, value. The pl aintiff became a member of the association in 1905. It is clear on the authorities that if there is a submission to arbitration within the meaning of the Arbitration Act there is a prima facie duty cast upon the court to act upon such an agreement: per LORD SELBORNE in Willesford v Watson (1) 8 Ch App at p 480.In the present case the defendants contend, first, that art 49, dealing as it does with the members of the company in their capacity of members only, constitutes a submission within the meaning of the Arbitration Act, or, alternatively, that the contract contained in the plaintiff's application for membership and the company's [1914-15] All ER Rep 900 at 904 acceptance of it amounts to such a submission. The plaintiff contests both these propositions. Independently Page 6 of the particular dispute in this case, the arguments, especially upon the first of these contentions, have raised questions of far-reaching importance and of great difficulty. I will deal with the question a s to the effect of art 49 first. Section 14(1) of the Companies (Consolidation) Act, 1908 [see new s 20(1) of Companies Act, 1948], says: The memorandum and articles shall, when registered, bind the company and members thereof to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member, his heirs, executors, and administrators, to observe, all the provisions of the memorandum and of the articles, subject to the provisions of this Act† It is laid down in text-books of the highest authority that the articles are not a contract between the members and the company, but a contract with the other members. The articles are a contract only as between the members inter se in respect of their rights as shareholders.The exact nature of this covenant – that is, the covenant referred to in s 14 – has given rise to considerable discussion and is even now very difficult to define; but it is now settled that it is not equivalent to a contract between the company, on the one part, and the members, on the other, on which either a member can sue the company or the company can sue a member. The principal authorities in support of these propositions are Re Tavarone Mining Co, Pritchard's Case (2); Melhado v Porto Alegre Rail Co (3); Eley v Positive Government Security Life Assurance Co (4); and Browne v La Trinidad (5) In Pritchard's Case (2) by the articles of association of a mining company it was provided that the company should immediately after incorporation enter into an agreement with the vendor of the mine for the purchase of the mine, and the price was fixed.The articles were signed by the vendor and six other persons, and the directors allotted shares to the vendor, but no further agreement was made with him. It was held, affirming the decision of WICKENS, V-C, that the articles of association did not constitute a contract in writing between the vendor and the company within s 27 of the Companion Act, 1867, and that certain shares should not, therefore, be considered as fully paid up. MELLISH, LJ, in giving judgment, said (8 Ch App, at p 960): â€Å"But I am of opinion that the articles of association cannot be considered as a contract in writing between De Thierry and the company for the sale of the mine to them.It may no doubt be the case if no other contract was entered into, and if De Thierry signed these articles and they were acted upon, that a court of equity would hold that as between him and the company – from their acting upon it – there was a binding contract; but in themselves the articles of association are simply a contract as between the shareholders inter as in respect of their rights as shareholders. They are the deed of partnership by which the shareholders agree inter se. † In Melhado v Porto Alegre Rail Co (3) the articles of association of a joint stock company provided that the company should defray such expens es incurred in its establishment as the directors should consider might be deemed and treated as preliminary expenses to an amount not exceeding a sum named. The plaintiffs, who were promoters of the company, had incurred preliminary expenses in its establishment, and it was held that no action would lie at the suit of the plaintiffs against the company under the articles. LORD COLERIDGE, CJ, said (LR 9 CP at p 505): The action is brought on a clause in the articles of association, by which the directors are authorised to pay certain expenses if they should consider them [1914-15] All ER Rep 900 at 905 to be properly deemed preliminary expenses. The declaration avers that all conditions were. performed, necessary to entitle the plaintiffs to be paid, their expenses; and therefore I think we must take it that, they, were expenses which, if the directors had thought proper to pay then the articles would have justified them in paying. The question therefore is whether an action will li e for the payment of these expenses, in pursuance of the articles of association, to which the plaintiffs were not parties.I have come to the conclusion that no such action will lie – I must say somewhat reluctantly, because though I wish to â€Å"press no opinion on the merits of this particular case, having no materials for forming such Page 7 an opinion, it does seem just, in general, if a company takes the benefit of the work and expenditure by which its existence has been rendered possible, and voluntarily comes into existence on the terms that it shall be liable to pay for such work and expenditure, that a cause of action should be given. I can find, however, no legal principle upon which such an potion can be maintained. It appears to me that there is no contract between the plaintiffs and the defendants.The doctrine of ratification is inapplicable, for the reasons given in the judgments in Kelner v Baxter (6). † MELLOR, J, said (ibid at p 506): â€Å"The plain tiffs were not in any way parties to the articles of association, and there was not, therefore, any express contract to pay them. † BRETT, J, said (ibid at p 507): â€Å"There is no contract, in my judgment, of any sort upon which they can sue, and unless there be a contract of some sort between them and the company I do not see that they can have any cause of action. No contract made with them before the existence of the company can be ratified by the company for the reasons pointed out in the case of Kelner v Baxter (6) with which I fully agree. â€Å"In Eley v Positive Government Security Life Assurance Co (4) the articles of association contained a clause in which it was stated that the plaintiff, a solicitor, should be the solicitor to the company and transact its legal business. The article were registered and the company incorporated. The plaintiff was not appointed solicitor by any resolution of the directors, nor by any instrument bearing the seal of the company, th at he acted as such for a time. Subsequently the company ceased to employ him, and he brought an action for breach of contract against the company for not employing him as its solicitor. The first count of the declaration stated that it was agreed by and between the plaintiff and the defendants that the plaintiff should be employed by the defendants as, and appointed by them to the office of, solicitor of the company.During the argument it was contended that the contract declared for was not the contract purported to be contained in the articles. AMPHLETT, B, in his judgment, said (1 ExD at pp 26, 28): â€Å"The articles, taken by themselves, are simply a contract between the shareholders inter se, and cannot, in my opinion, give a right of action to a person like the plaintiff, not a pasty to the articles, although named therein. If authority were wanted for this proposition, the cases cited in the argument, Pritchard's Case (2) and Melhado v Porto Alegre Rail Co (3) are, in my op inion, quite conclusive on the subject. †¦ For these reasons, I think that there was no contract at all between the plaintiff and the company to the effect stated in the declaration. â€Å"CLEASBY, B, confined his judgment to the last points raised in the case and said (ibid at p 30): â€Å"I am of opinion that cl 118 of the articles cannot by itself be taken to operate as a contract between the solicitor and the company. † [1914-15] All ER Rep 900 at 906 KELLY, CB, said (ibid at pp 31, 32): â€Å"I forbear to pronounce any opinion as to whether these articles, with the fact of the subsequent employment, constitute a contract on the terms contained in them, because, were I to so hold, there would be a difficult question behind, whether it was not ultra vires for the directors to attempt to bind the company to employ a solicitor to transact, for all his life, all the legal business of the company.Passing by this, I come to consider the objection raised under s 4 of the Statute of Frauds. I do not see how anyone can doubt that this agreement was not to be performed within a year. It was for the life of the plaintiff, subject to a defeasance on the possibility of his being guilty of some misconduct. But, assuming, as I think we must, that this was not to be performed in a year, the question arises whether there is any memorandum or note in writing of it signed by the defendants. The signatures affixed to the articles were she intuitu and it can hardly be suggested that the directors had any idea that in signing the articles they were signing a note of this contract. † Page 8This case went to the Court of Appeal, and LORD CAIRNS, LC, said (1 ExD at pp 89, 90): â€Å"I wish to say, in the first place, that in my opinion a contract of the kind suggested to exist in this case ought not to receive any particular favour from the court. The statement is that Baylis was endeavouring to form a joint stock insurance company upon a new principle, and ap plied to the plaintiff to make advances to meet the expenses of getting up the company, and it was arranged between them that in the event of the company being formed the plaintiff should be appointed permanent solicitor to the company. That is to say, a bargain is made between a professional man and Baylis, which, so far as the case is concerned, does ot appear to have been communicated to those who were invited to join the company, that if the former will advance money for the formation of the company he shall be appointed permanent solicitor, and the company shall be obliged to employ him as their professional adviser. When the articles are prepared, they are so by the plaintiff, and in them he inserts a clause which no doubt informs those who signed the articles of the arrangement, but does not appear to have been brought to the notice of those who joined from receiving circulars. This, I repeat; is not a proceeding which the court would encourage in any way. I also wish to rese rve my judgment as to whether a clause of this kind is obnoxious to the principles by which the courts are governed in deciding on questions of public policy. †¦ This case was first rested on the 118th article.Articles of association, as is well known, follow the memorandum, which states the object of the company, while the articles state the arrangement between the members. They are an agreement inter socios, and in that view, if the introductory words are applied to art 118, it becomes a covenant between the parties to it that they will employ the plaintiff. Now, so far as that is concerned, it is res inter alios acts, the plaintiff is no party to it. No doubt he thought that by inserting it he was making his employment safe as against the company, but his relying on that view of the law does not alter the legal effect of the articles. This article is either a stipulation which would bind the members or else a mandate to the directors.In either case it is a matter between the directors and shareholders, and not between them and the plaintiff. † In Browne v La Trinidad (5) before the formation of the company an agreement was entered into between B. and a person as trustee for the intended company by which it was stipulated (inter alia) that B should be a director and should not be removable till after 1888. The sixth clause of the articles provided that the directors should adopt and carry into effect the agreement with or without modification, and that subject to such modification (if any) the provisions of the agreement [1914-15] All ER Rep 900 at 907 should be construed as part of the articles.The agreement was acted upon, but no contract adopting it was entered into between the plaintiff and the company. Held, that treating the agreement as embodied in the articles, still there was no contract between B and the company that he should not be removed from being a director, the articles being only a contract between the members inter as, and not b etween the company and B COTTON, LJ, towards the end of his judgment, said (37 Ch D at pp 13, 14): â€Å"Assuming that an unlimited power is given to the meeting by art 91, ought we, having regard to the contract entered into by the memorandum of Nov 24, 1884, and art 6, to interfere by injunction to restrain the company in general meeting from acting under that power?I do not give any opinion upon the question how far the court would have interfered by injunction in order specifically to enforce an agreement between the company and the plaintiff that he should be an irremovable director. That point raises questions upon which I should not like to give any opinion without having them fully discussed. In my opinion we ought not to interfere in the present case, because there is no such contract between the plaintiff and the company. The memorandum of agreement of Nov 24, 1884, is in no way a contract between the plaintiff and the company. It is said that it was adopted and incorpora ted into the articles, but I cannot accede to that. The company by its directors acted upon the agreement, but that does not make it binding on the company.Then is it incorporated into the articles in such a way as to entitle the plaintiff to say, ‘I have such a contract between me and the company as can be enforced by a court of law, and as I might enforce in equity by way of specific performance'? That point is clearly settled, I think, by Eley v Positive Government Security Life Assurance Co (4). There two of the members of the court of first instance held, and the other member did not express dissent, that the articles are merely a contract between the shareholders inter se, and that though a person in whose favour a stipulation is made in the articles may afterwards have shares allotted to him, he does not by that means become in the same position as if he had entered into a contract with the company. † LINDLEY, LJ, said: â€Å"Having regard to the construction put upon s 16 of the Companies Act of 1862 in the case of Eley v.Positive Government Security Life Assurance Co (4) and subsequent cases, it must be taken as settled that the contract upon which he relies is not a contract upon which he can maintain any action, either on the common law side or the equity side. There might have been some difficulty in arriving at that conclusion if it had not been for the authorities, because it happens that this gentleman has had shares allotted to him, and is therefore a member of the company. Having regard to the terms of s 16, there would be some force, or, at all events, some plausibility, in the argument that, being a Page 9 member, the contract which is referred to in the articles has become binding between the company and him.Of course, that argument is open to this difficulty, that there could be no contract between him and the company until the shares were allotted to him, and it would be remarkable that upon the shares being allotted to him a contract between him and the company, as to a matter not connected with the holding of shares, should arise. † In these four cases the article relied upon purported to give specific contractual rights to persons in some capacity other than that of shareholder, and in none of them were members seeking to enforce or protect rights given to them as members in common with the other corporators. The actual decisions amount to this, that an outsider to whom rights purport to be given by the articles in his capacity as such outsider, whether he subsequently becomes a member or not, [1914-15] All ER Rep 900 at 908 cannot sue on such articles treating them as contracts between himself and the company to enforce such rights.Such rights are not part of the general regulations of the company applicable alike to all shareholders and can only exist by virtue of some contract between such non-member and the company, and the subsequent allotment of shares to an outsider in whose favour such an article is inserted does not enable him to sue the company on such an article to enforce rights which are res inter alios acta and not part of the general rights of the corporators as such. The language of some of the judgments appears, however, to go further, as recognised, for instance, by SARGANT, J, in Re Famatina Development Corpn (7) ([1914] 2 Ch at p 279). The wording of s 14(1) of the Companies (Consolidation) Act, 1908, which is in the same terms as s 16 of the Act of 1862 [see now s 20(1) of Companies Act, 1948], is difficult to construe or understand. The company cannot in the ordinary course be bound otherwise than by statute or contract, and it is in this section that its obligation must be found, so far as the members are concerned.The section does not say with whom they are to be deemed to have covenanted, but the section cannot mean that the company is not to be bound when it says it is to be bound, as if, , nor can the section mean that the members are to be unde r no obligation to the company under the articles in which their rights and duties as corporators are to be found. Much of the difficulty is removed if the company be regarded, as the framers of the section may very well have so regarded it, as being treated in law as a party to its own articles. It seems clear from other authorities that a company is entitled as against its members to enforce and restrain breaches of its regulations: see, for example, MacDougall v Gardiner (8) Pender v Lushington (9) and Imperial Hydropathic Hotel Co, Blackpool v Hampson (10). In the last case BOWEN, LJ, said (23 Ch D at p 13): â€Å"The articles by s 16 are to bind the company and all the shareholders as much as if they had all put their seals to them. â€Å"It is also clear from many authorities that shareholders as against their company can enforce and restrain breaches of its regulations, and in many of these cases judicial expressions of opinion appear which, in my judgment, it is impossible to disregard. In Johnson v Lyttle's Iron Agency (11) in an action by a shareholder against the company, JAMES, LJ, said (5 Ch D at p 693): â€Å"The notice did not comply strictly with the provisions of the contract between the company and the shareholders which is contained in the regulation of Table A† In Bradford Banking Co, Ltd v Briggs & Co, Ltd (12) the articles gave the company a lien on its members' shares, and, in an action by the company to enforce such lien, LORD BLACKBURN said (12 App Cas at p 33): Page 10 The only one of the articles of association which I think it material to notice is the 103rd article, which is as follows: ‘The company shall have a first and permanent lien and charge, available at law and in equity, upon every share of every person who is the holder or one of several joint owners thereof for all debts due from him, either alone or jointly with any other person, whether a shareholder or not in the company. ‘ John Faint Easby, a coa l merchant, became a proprietor of a number of shares in the respondent company, and obtained certificates for them. This property in the shares was, by virtue of s 16 of the Companies Act, 1862, already quoted, I think, bound to the company as much as if he had (at the time he became holder of these shares) executed a covenant to the company in the same terms as art 103, but I do not think it was bound any further. † [1914-15] All ER Rep 900 at 909In Wood v Odessa Waterworks Co (13) which was an action by the plaintiff on behalf of himself and all other shareholders against the company, STIRLING, J, said (42 Ch D at p 642): â€Å"The articles of association constitute a contract not merely between the shareholders and the company, but between each individual shareholder and every other. † In Salmon v Quin and Axtens, Ltd (14) FARWELL, LJ, referring to this last statement, said ([1909] 1 Ch at p 318): â€Å"I think that that is accurate subject to this observation, tha t it may well be that the court would not enforce the covenant as between individual shareholders in most cases. † In Welton v Saffery (15) LORD HERSCHELL, who dissented on the main question from the rest of the House, made the following general observation ([1897] AC at p 315): â€Å"Section 16 of the Act of 1862 provides that the articles of association, when registered, shall bind the company and the members hereof to the same extent as if each member had signed his name and affixed his seal thereto, and there were in such articles contained a covenant on the part of himself, his heirs, executors, and administrators, to conform to all the regulations contained in such articles, subject to the provisions of this Act. The articles thus become in effect a contract under seal by each member of the company, and regulate his rights. They cannot, of course, diminish or affect any liability created by the express terms of the statute; but, as I have said, the statute does not purp ort to settle the rights of the members inter se; it leaves these to be determined by the articles (or the articles and memorandum together) which are the social contract regulating those rights. I think it was intended to permit perfect freedom in this respect.It is quite true that the articles constitute a contract between each member and the company, and that there is no contract in turns between the individual members of the company; but the articles do not any the less, in my opinion, regulate their rights inter se. Such rights can only be enforced by or against a member through the company, or through the liquidator representing the company; but I think that no member has, as between himself and another member, any right beyond that which the contract with the company gives. † In all these last-mentioned cases the respective articles sought to be enforced related to the rights and obligations of the members generally as such, and not to rights of the character dealt with in the four authorities first above referred to.It is difficult to reconcile these two classes of decisions and the judicial opinions therein expressed, but I think this much is clear – first, that no article can constitute a contract between the company and a third person; secondly, that no right merely purported to be given by an article to a person, whether a member or not, in a capacity other than that of a member, as, for instance, as solicitor, promoter, or director, can be enforced against the company; and, thirdly, articles regulating the rights and obligations of the members generally as such do create rights and obligations between them and the company respectively. Page 11 In Bisgood v Henderson's Transvaal Estates, Ltd (16) BUCKLEY, LJ, said ([1908] 1 Ch at p 759): â€Å"The purpose of the memorandum and articles is to define the position of the shareholder as shareholder, not to bind him in his capacity as individual. † By s 27 of the Arbitration Act, 188 9 [see now s 32 of Arbitration Act, 1950]: â€Å"‘Submission' means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not. † [1914-15] All ER Rep 900 at 910The defendant's first contention is that art 49 is, on the authorities, a written agreement within the meaning of this section. In Re Lewis, Ex parte Munro (17) which was an action on the Attorneys and Solicitors Act, 1870, it was held that: â€Å"A document containing the terms of an agreement as to the amount of costs payable by a client to his solicitor, assented to by the client, but signed by the solicitor only, is not ‘an agreement in writing' within the Attorneys and Solicitors Act, 1870. † LORD COLERIDGE, CJ, said: â€Å"It is quite clear that there was no agreement in writing within s 4 of the Act. †¦ An ‘agreement in writing' within s 4 must be an agreement by both parties, and both parties must sign their names upo n the agreement. â€Å"In Caerleon Tinplate Co v Hughes (18) in an action for the price of goods sold, the bought note signed by the defendants contained a provision for arbitration in case of dispute, while the sold note signed by the plaintiff contained no such provision. It was held that there was no submission within the meaning of the Act, for an agreement to submit to arbitration must be in writing and signed by both parties. Re Lewis (17) was referred to, and DENMAN, J, referring to s 27 of the Arbitration Act, 1889, said (60 LJQB at p 641): â€Å"In my judgment, there can be no written agreement unless in writing signed by the parties as their agreement, and that ‘written agreement' means one in which the terms on both sides are reduced into writing.It is useless to discuss the doctrines here, for the bought and sold notes differ in the essential particular that the former contains a provision which is wholly absent in the latter. † WILLS, J, said (ibid): †Å"Supposing there were a contract and the parties were ad idem [which in fact they were not in this case] yet there was no submission under the Act unless there was an agreement in writing by both parties. Re Lewis, Ex parte Munro (17) is conclusive on this point. In the present case the agreement is to be in writing under s 27, and we must hold that both parties must sign their names to it; otherwise there might be a conflict of evidence, and a discussion as to what was understood by either party. â€Å"In Baker v Yorkshire Fire and Life Assurance Co (19) an action was brought on a fire policy which was executed in the usual way by the company, but not by the assured, and it was held that the policy, though not signed by the plaintiff, amounted to a submission to arbitration within the meaning of the Act LORD COLERIDGE, CJ, who had been a party to Re Lewis (17) said ([1892] 1 QB at pp 145, 146): Page 12 â€Å"The plaintiff sues on the policy, and by so suing affirms it to be his contract; he cannot disaffirm a part of the very contract on which he is suing. He contends that in order to bring into operation the arbitration clause contained in the policy, the policy must be signed by both parties; but the Act of Parliament says nothing of the kind, and the only apparent justification for the contention is to be found in Caerleon Tinplate Co v Hughes (18). That decision must be interpreted, however, with regard to the particular facts of that case.There was there no complete contract; the two documents constituting the contract differed materially in their terms, and the court said it was plain that the parties were never ad idem. † A L SMITH, LJ, said (ibid at pp 146, 147): â€Å"It is said, however, that by the interpretation clause a submission must be a written agreement to refer disputes to arbitration. This, however, is not a [1914-15] All ER Rep 900 at 911 higher interpretation than was necessarily put on the language of the old Act, under which it was the universal practice to refer these cases, and does not mean that in all cases the written agreement to refer must be signed by both parties. It is quite unnecessary to say more as to the decision in Caerleon Tinplate Co v Hughes (18) than that it turned entirely upon the peculiar facts of the case. â€Å"The result of these decisions is, I think, that if the submission is in writing and is binding on both parties as their agreement, or as the equivalent in law to an agreement between them, the statute is satisfied. In the present case the plaintiff's action is, in substance, to enforce rights as a member under the articles against the company. The 49th article is a general article applying to all the members as such, and, apart from technicalities, it would seem reasonable that the plaintiff ought not to be allowed, in the absence of any evidence filed by him, to proceed with an action to enforce his rights under the articles which in itself is a breach of his obligation contained therein to submit his disputes with the company to arbitration, and, if the case falls within the Act, I see no reason for exercising my discretion under s 4 in his favour.In my judgment, art 49, for the reasons above referred to, creates rights and obligations enforceable as between the plaintiff and the company respectively, and such rights and obligations are contained in a written document, but whether such document is a contract or agreement between the plaintiff and the defendants within s 27 of the Arbitration Act, 1889, depends upon whether the decision in Eley v Positive Government Security Life Assurance Co (4) and the other cases of a similar character above referred to ought to be regarded as only dealing with and applying to articles purporting, first, to contain an agreement with the company and a third person, or, secondly, to define the rights of a shareholder in some capacity other than that of a member of the company.To reconcile the decisions and express ions of judicial opinion above mentioned, some such view should, I think, be adopted, and general articles dealing with the rights of members â€Å"as such† treated as a statutory agreement between them and the company as well as between themselves inter se, and in my judgment, art 49 in the present case does constitute a submission to arbitration within the true meaning and intent of the Arbitration Act. Having regard, however, to the conclusion to which I have come on the second contention raised by the defendants, it is not necessary for me to base my decision upon this ground alone and upon the opinion I have so expressed.The defendants' second contention is that the contract contained in the plaintiff's application for membership, and the defendants' acceptance of it, amounts to a submission within the Act. On 8 November 1905, the plaintiff wrote to the company, through its secretary: â€Å"I wish to become a member of the Kent Sheep Breeders' Association. Will you kind ly take the necessary steps? † That was answered by a letter from the secretary, in which he said: â€Å"If you will fill in the inclosed form †¦ I shall have great pleasure in submitting it to the next council meeting. † Page 13 The form inclosed was signed by the plaintiff. It stated that the plaintiff wished to become a member of the association and agreed to pay an entrance fee, subscriptions, and fees for entry of sheep, and to conform to the rules and regulations of the association.At a meeting of the council of the association held on December 12 the plaintiff's offer was accepted and he was elected a member of the defendant company. Notice of such acceptance was given to the plaintiff in a letter of December 14 by the secretary, which informed him he was elected a member of the association at the council meeting held on the 12th. In consideration of being elected a member and of his offer to join the association being accepted, the plaintiff contracted in w riting with the association to conform to its rules and regulations. One of such regulations was a general submission to arbitration of all differences between the [1914-15] All ER Rep 900 at 912 ssociation and any of its members as such, amply wide enough to cover the matters in dispute in this action. The association at the date of the contract was already bound to each and all its corporators to act in conformity with such regulations, and was at the date of the writ in this action, and has been since, ready, and willing to so act It is submitted on behalf of the plaintiff that at the date of this contract he may have known nothing about art 49, and that as the council of the association have power under its articles to make further by-laws and regulations as to certain matters therein referred to, the plaintiff's offer may have referred to these.The plaintiff has, however, filed no evidence in support of this, and the articles not only constitute the rules and regulations of the company, but refer to the rules and regulations of the association as, contained in them, and I am unable to accept this contention. In my judgment, the contract so made between the plaintiff and the association is also a submission in writing within the true meaning and intent of the Arbitration Act, and I make an order to stay under s 4 and direct that the matters in dispute in this action be referred to arbitration accordingly. Solicitors: Walters & Co; Ernest Simmons & Co. Reported by GP LANGWORTHY, ESQ, Barrister-at-Law.