Company Law The WritePass Journal

Company Law Abstract Company Law Abstract1.0. Introduction2.0. Civil Liability3.0. Criminal Liability4.0.Conclusion5.0. Bibliography5.1. Legislations5.2. Court casesRelated Abstract Companies and corporations exist as single entities with the capacity to sue and be sued. The premise of lawful ways under which a company may be sued for acts or omissions ensuing to injuries or demise of individuals lies in the personality of the company as a single entity. The law recognizes companies as solitary entities that have a detached personality from the individuals that comprise the company. This means that a company can transact as a solitary entity with the capacity to make claims against another company. Concomitantly, it is possible that the company becomes the subject of a legal suit falling under civil or criminal liability as deemed applicable. The determinants that establish whether to affix legal responsibility to the company for acts or omissions vary based on the legal jurisdiction pertinent to the circumstances. For instance, corporate law makes provisions for regulating the relationship of a company with that of its employees and other staff within the compa ny. This law does not apply to third parties that operate or affect the company externally. On the other hand, criminal and civil laws have jurisdiction over the affiliations of the company with external parties. 1.0. Introduction The process of holding a company legally responsible for acts or omissions resulting in injuries or death of individuals is a multifaceted tool. Since companies exist as solitary entities under law, responsibility falls on the company depending on the situation applicable. For situations that fall within the company, corporate laws have provisions for holding the company liable. In cases where external parties exist, then the jurisdiction shifts to civil and criminal laws. However, it is imperative to acknowledge that civil laws that cover aspects of tort, contracts and compensation apply to companies, as well as individuals’.[1] The provenance encompassing legal responsibility for corporations is rather challenging, as the legal provisions under this jurisdiction of law do not obligate contemplation of a liability. This is usually the case in negligence, which falls under tort laws because the evaluation of liability is objective on supporting legal responsibility of a compan y. On the contrary, criminal law entirely depends on appraisal of moral liability in support legal responsibility on the side of the company. Holding a company criminally liable is not easy because legal responsibility is not via reimbursement, but through penalties that look into intent, negligence and premeditation. This research shall discuss grounds on which a company can be sued for acts or omissions resulting in death or injuries based on provisions of laws such as the Corporate Manslaughter Act 2007, and Health and Safety at Work Act of 1974. Three principles provide for reasons to hold a company liable. One is the agency principle where the company must own up responsibility for acts or omissions of its employees or staff working as agents to the company, hence be sued for damages. The blame acknowledgment principle establishes that the company’s top executives assume responsibility for acts or omissions perpetrated by the company, implying that such executives whose decisions lead to acts or omissions that result in death or injuries can make the company be held liable. However, acts or omissions by junior staff in the company do not fall under this jurisdiction.[2] The third principle is the company culpability based on its way of transacting business, its systems, as well as culture. While the agency and the blame acknowledgement principles attach individuals to company liability, the company culpability based on its procedure and culture isolates individuals from the company. This implies that companies cannot be held liable for acts or omissions perpetrated by individuals, but rather the culture and procedure of the company. All these principles provide grounds for criminal and civil charge against companies. 2.0. Civil Liability Tort law attaches a civil liability to companies as long as it can be proven that the company perpetrated the act or omissions that resulted in serious injuries or death. A claimant could also file a criminal suit against the company based on the provisions of deliberate acts, negligence or omissions. Under civil laws, parties involved exist as private individuals, and the courts have the ultimate prerogative to determine whether the parties’ perpetrated injury or death based on evidence provided. The rights and obligation existing between the parties, in this case between the company and the plaintiff form the basis for a legal suit. Similarly, remedies for civil suits are damages that could be financial on non-financial, and the burden of proof depends on tangible evidence indicating that the act or omission was committed. Tort law attributes the legal responsibility of a company to acts or omissions that fall under civil wrong. Acts or omissions committed by the employee di rectly fall under the responsibility of the employer as discussed under the agency principle.[3] This means that vicarious liability shifts to the employer while personal liability rests on the shoulders of the employee. Under civil law, the claimant must provide proof that the defendant (the company) perpetrated the act or omission deliberately or negligently. The claimant must also provide proof that they suffered injuries or damage. For the claimant to attach a liability to the company the injury must be adjoining to the act or omission and the series of events must be continuous. In Rylands vs. Fletcher (1868), the contractor ignored vertical shafts in the course of construction of a dam.[4] As they later filled the dam with water, the shafts gave way to water that flooded a nearby mine. The court ruled that the corporation was legally responsible for damages caused due to negligence even if it was not intentional. As such, filing a civil suit against a company works best for claims on damages because they attribute direct liability to the company. 3.0. Criminal Liability Health and Safety at Work Act, the Corporate Manslaughter and the Corporate Homicide Act of 2007 provide avenues of filing a criminal suit against a company. These Acts have the same scope of jurisdiction for attributing a company to criminal liability and can be used simultaneously used. Section 37(1) of Health and Safety at Work Act has provisions that cover personal injuries at the work place.[5] The Act lays down measures requiring companies to incorporate policies and measures to avert personal damages or injuries at the work place. This Act does not make provisions for holding companies liable for deaths or personal injuries, but rather criminalizing acts or omissions that result in injuries and deaths. Section 37(2) of the Act prohibits companies from engaging in negligent and deliberate activities that may lead to personal injuries and deaths of its employees. This section attaches liability to the company’s management in cases where their decisions are connected to ac ts or omissions that result in death. However, the Corporate Manslaughter Act has stringent legislation on cases where a company’s activities lead to death due to gross negligence. As such, the Corporate Manslaughter Act provides exclusive provisions for attaching a criminal liability to companies for their acts or omission that result in death due to outright negligence. If the evidence presented before the court proves that negligence on the part of the company resulted in death, then the company can be held criminally liable for the act or omission that led to death. Section 1(1) of this Act reveals that the company is liable when the act or omission amounting to a criminal offence resulted in death.[6] However, there must be evidence of gross misconduct and violation of duty of care on the part of the company. In case of a successful claim in court by parties representing the deceased, which leads to the indictment of the company, Section 1(6) of the Act establishes a limitless fine as the punishment toward th e company. The duty of care for employees is the sole responsibility of the company. In situations where there is negligence of duty of care resulting in death, the plaintiff representing the deceased party can invoke sections of the Corporate Manslaughter Act to claim justice. Various cases have elucidated what duty of care means. Caparo Industries Plc vs. Dickman (1990) identified three elements that clarify what duty of care far as attaching a criminal liability to a company is concerned.[7] The elements include imposing reasonable duty of care on the plaintiff, foreseeing injury and establishing a close link between the plaintiff and the defendant. Determination of criminal intent (mens rea) also forms as a basis for holding a company criminally liable. The claimant must establish criminal intent as it was the case in Salomon vs. Salomon (1897) where the court had to identify the companys officers responsible for the acts or omissions that resulted in death.[8] However, it was quite a chall enge, which explains the reason why it is difficult to file a criminal suit against a company under the Corporate Manslaughter Act. 4.0.Conclusion Civil and criminal laws present suitable avenues for suing companies for acts or omissions that lead to injuries or death. Strict or vicarious liabilities apply in civil suits and could be direct in through the actions of the company’s agents or direct through the actions of the company regardless of culpability. Under criminal liability, Health and Safety at Work Act provides avenues for suing a company for negligence or failure to prevent personal injuries. The Corporate Manslaughter Act and the Corporate Homicide Act provide avenues for suing a company in situations where acts or omissions result in demise of an individual. 5.0. Bibliography Glazebook, P. R., A Better Way of Convicting Business of Avoidable Deaths and Injuries. The   Ã‚  Ã‚   Cambridge Law Journal, 16(2), (2002) pp 405-422. Barrett, B., Liability for safety offences: Is the law still fatally flawed? Industrial Law Journal,   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   37(1), (2007) pp 100-118. 5.1. Legislations Corporate Manslaughter and Corporate Homicide Act 2007 Health and Safety at Work Act 1974 5.2. Court cases Salomon v. Salomon Co Ltd, AC., Law Review, 2, (1897), pp 22 Rylands v. Fletcher, Law ReviewL. 3, (1868), pp 330 Caparo Industries plc v. Dickman, Law Review AC, 2, (1990), pp 605

CONFLICT MANAGEMENT IN THE CHURCH Essay Example | Topics and Well Written Essays - 500 words

CONFLICT MANAGEMENT IN THE CHURCH - Essay Example nt and as such cannot cause conflict, in most cases, disregarding these sources creates bigger conflicts that could even contribute to bother breakup of the church. Although the church embraces morals in its operations, understanding the differences in the backgrounds of the members and leaders is important in dealing with conflict whenever they arise. Church attendance is one of the most important sources of conflict in the church. An increase and a decrease in people’s attendance in the church both have similar effects. They have a high likelihood of creating conflicts. While an increase in the number of people in the church raises an alarm to individuals holding leadership positions in the church, as they risk competition, a decrease in the attendance levels is an indication of poor leadership skills among the leaders (Turner 1991, p. 6). This could thus lead to a conflict between the members of the church and their leaders. Annual budget is yet another source of conflict in a church. Some of the people could have diverse views especially in the allocation of the total income of the church. Money, now more than ever, is a highly sensitive issue in the church. Budgeting should receive the approval of most of the members of the church, if not all (Spann & Wheeler 2010,  p. 241). Time changes for the leaders especially in addressing the members of the church is an important consideration too. Some of the leaders feel superior to others and thus regard them as coming later in the protocol. Time allocated to the leaders of the church to address the members of the church could also be a good breeding ground for church conflicts. When new influential people join the church, conflict is bound to arise. In most cases, these new people appear to receive more attention than the leaders of the church, something that would not go well with the leaders. Finally, the fear of the organization being out of control could be a source of conflict as the members deliberate on the

Team building Research Paper Example | Topics and Well Written Essays - 1000 words

Team building - Research Paper Example The communication premise is very significant because it removes the barriers that exist within a team and allows the team to progress further rather than sticking at a particular agenda for long periods of time. This is so needed because it resolves the ambiguities that arise within teams and takes care of the negatives which can creep up at any time. When one contemplates the issue of hiring individuals within an organization, it is of paramount importance that these people know exactly what is expected out of them and whether or not are they ready to become a part of a team within the organization that they are getting recruited within. If the answer to such a query is in the negative, it would be better for the organization to let go of such an individual and rely more heavily on how well they work in the form of their own space. However, there are many examples of individuals who would absolutely cherish the idea of working in a team, as long as it makes them think, feel and exp erience the dynamics of growth and development within the organization that they are getting hired in, across the board. In terms of recruitment, it is of paramount significance that the aspiring employee knows well in advance that he would be required to commit to a task which is in the middle of a team, and hence team building domains would be required of his professional self (Maddux & Wingfield, 2003). If the organizational values are such that the employees need to work in unison with one another, then it is only natural that the aspiring candidates for achieving employment know beforehand what is expected out of their realms and how they will go about completing these tasks and objectives that shall be assigned to them with flying colors. What remains... When one contemplates the issue of hiring individuals within an organization, it is of paramount importance that these people know exactly what is expected out of them and whether or not are they ready to become a part of a team within the organization that they are getting recruited within. If the answer to such a query is in the negative, it would be better for the organization to let go of such an individual and rely more heavily on how well they work in the form of their own space. However, there are many examples of individuals who would absolutely cherish the idea of working in a team, as long as it makes them think, feel and experience the dynamics of growth and development within the organization that they are getting hired in, across the board. In terms of recruitment, it is of paramount significance that the aspiring employee knows well in advance that he would be required to commit to a task which is in the middle of a team, and hence team building domains would be require d of his professional self. If the organizational values are such that the employees need to work in unison with one another, then it is only natural that the aspiring candidates for achieving employment know beforehand what is expected out of their realms and how they will go about completing these tasks and objectives that shall be assigned to them with flying colors. What remains to be seen is the management’s stance, and more so with the changing global dynamics, the perspectives have been aligned all the same.

The Spiritual Dimension of Being a Beginning Teacher Personal Statement

The Spiritual Dimension of Being a Beginning Teacher - Personal Statement Example I believe teaching is a career choice that is geared towards uniting both people and ideas, which I think are key to my success as a profession in life. Teaching is a noble profession. Notwithstanding, teaching is also a profession that is adaptable to different personalities. My personality is generally very outgoing and people-oriented. I believe that working with others is key as a teacher, and think that I would be able to adapt well to a learning environment situation that requires me to interact with many different people on a daily basis. So much of a teacher’s attention is demanded every day in the smallest of interactions. I feel that I should teach because my personality is suited to meeting those many small and specific needs students have. I think I would be very good at that. Further, I would like to use my skills to help students learn, at varying levels. I have years of experience studying my field. Finally, I am interested in working in a profession that is gea red towards involving both people and ideas. I am convinced that the field that I would work in would have to include a human element besides just working strictly with information. So, I like the fact that I get to work with people and have social interactions with students, faculty, and staff. This is a key component of my happiness. After doing my teacher aiding, I realize that I cannot work with ideas and information alone. It is really the people at my workplace, in my profession—whom I will come across every day—who will make my life more enjoyable. That is what I look forward to as a teacher, is the camaraderie and sense of belonging to an organization. In closing, I am looking for many things as I search for my teaching career as I embark on a new journey. In essence, why teach? I don’t just teach because I can, but because I must, for the following reasons. Teaching is a profession which suits my personality. I want to teach in order to utilize my core subject skills to help other people. Last, but not least, I would like to be involved in a profession that includes both people and ideas as part of its schema—following in the footsteps of great former teachers before me. III. My Goals as a Beginning Teacher My goals as a beginning teacher are based on Curtain’s (2004) assertion that â€Å"the three characteristics of effective teachers [which are]: [having] classroom management skills, †¦teach[ing] for lesson mastery, and†¦ practice[ing] positive expectations† (pp. 205). I believe these goals will help me to be a well-prepared and productive teacher. These goals are important to have because they will keep me focused on what I should be striving for within the teaching profession. One cannot expect to be an effective teacher if the classroom environment is out-of-control.

Bastard Out Of Carolina Essay -- English Literature

Bastard Out Of Carolina â€Å"Pay Attention to Detail† ========================= One must consider a little history on Dorothy Allison in order to see how the directions that she takes the novel add up. When she was 24, Allison lived in a lesbian-feminist collective. The women there gave her the confidence she needed and the ability to see the value in her own writing (Amazon.com). During this time, she also found someone who seemed normal, yet she had experienced the same â€Å"incest† (Megan 74). This discovery removed some of her separation that she believed her abuse created between her and the world (Amazon 74). Allison actually was born a â€Å"bastard† (Amazon 78), and her life was further complicated through dealing with her â€Å"brutal† step-father (Amazon 76). When she began writing, her goal as a writer, especially in Bastard Out of Carolina centers on having â€Å"compassion† and no â€Å"rage† (Megan 75). Allison hoped to further her goal in this book by making Bone appear to be able to survive through making others take ownership in the wrongs that have been dealt to her (Megan 73). Through Bone, Allison could comprehend how her childhood could have been better, so she would not raise her child in the same manner (Megan 75). In writing Bastard, she also learned how to turn a poem into a novel, a valuable skill for one who usually begins writing poetry (Megan 72). Which creates themes present in the novel and in order to truly get an appreciation of Bastard Out of Carolina, by Dorothy Allison, one must take a close look at the main concepts: Abuse, Fire, Legitimacy, Social Class, Hands, and Identity; to see how they all play a role in the overall tone and personification of the book. One of the main concepts in Ba... ...p to the man who tries to destroy her. In conclusion, we saw how in writing Bastard, she also learned how to turn a poem into a novel, which created themes present in the novel and in order to have truly gotten an appreciation of Bastard Out of Carolina, by Dorothy Allison, one must have taken a close look at the main concepts: Abuse, Fire, Legitimacy, Social Class, Hands, and Identity; to see how they all played a role in the overall tone and personification of the book. Works Cited: "Amazon.com Talks to Dorothy Allison." http://www.amazon.com/exec/obidos/show-interview/a-d-llisonorothy/ 1261-2240565-375045 (22 March 1998). "An Evening to Remember:Dorothy Allison." http://www.progway.org/dorothy.html (22 March 1998). Megan, Carolyn E. "Moving Toward Truth: An Interview with Dorothy Allison." The Kenyon Review Journals 16.4 (Fall 1994):71-83.

Drama Paper on Trifles †Susan Glaspell Essay

Susan Glaspell’s one act play Trifles is based upon actual events which occurred in Iowa at the turn of the century. Between 1899 and 1901 she worked as a reporter for the Des Moines News, during which time she covered a murder trial of a farmer’s wife, Margaret Hossack. The play was written some years later. (enotes. com, 2005) This essay aims to analyze the themes and ideas presented here by analyzing the central character. The full text of this play can be retrieved from http://www. vcu. edu/engweb/eng384/trifles. htm This paper aims to show, by conducting an analysis of the central character, Mrs. Wright (the accused), and discussing her thoughts, feelings and actions, how she is affected by events, other characters and environmental culture and values. Mrs. Wright is a farmer’s wife at the turn of the century, at a time when feminism was beginning to come to the fore, but many years before the active burning of bras, in the 1960s, without children. Moreover, she is married to a man who is not known in the outside community for his social skills – to quote Mrs. Hale, one of the female characters in the play, to pass the time of day with him would be like a raw wind that gets to the bone. We never actually meet Mrs. Wright in person, but it is from the conversation of the others that we learn about her. For instance, from the women’s observations, and despite the comments of the men, we learn that Mrs. Wright is in fact a good homemaker – she quilts well, is diligent about her preserves, the pans were neatly arranged under the sink, and the roller towel was in fact clean prior to Mrs. Wright’s departure (it was dirtied by the man who came in later). She also had bread set ready to be baked. This attitude displayed by the males in the play is indicative of unfair judgements made by men at the time. Even the title of the play, Trifles, indicates that what women worried about at the time was considered unimportant. Thoughts, feelings and actions Mrs. Wright, prior to her marriage, was a singer. We learn also that later in her marriage, she buys a bird. It becomes apparent that Mr. Wright cannot tolerate the bird’s singing and kills it. The women deduce that Mrs. Wright has begun to equate herself with the bird – initially feeling caged, stifled and killed – prior to her marriage, she went out, sang and had fun, and in the very last act, the cage broken, symbolizing freedom, if not of the bird’s body, at least of its spirit. Unwittingly, in one of the opening sentences, Mr. Hale contributes to this image of Mrs. Wright being oppressed by commenting that he didn’t think that what his wife wanted mattered much to Mr. Wright. Having lost everything prior to this, Mrs. Wright could not tolerate the loss of the one thing that she loved. This death of the bird was the act of anger that the men did not find. Her marriage has been similar to a caging, killing (of herself), and in the final act of killing her husband, she has in fact set herself free – although ironically she is now in jail. Mrs. Hale hits the nail on the head when in hindsight she realizes indirectly that Mrs. Wright was lonely – the unpleasantness and coldness of the place which kept her away kept others away too. With the death of the bird the one thing that was fun had now gone too. Interestingly, the bird died of strangulation – and Mr. Wright also died because of being constricted around his neck. Environmental culture The men have gone there with their minds made up and to them it is just a matter of trying to find the proof. The women have gone there with no such convictions, through going about their business they find the truth and yet are still able to show compassion – they decide to take Mrs. Wright the quilt, so that she can undo the last untidy square and complete a nice piece of work. Doing this, they find the dead body of the bird. Having been constricted and confined in life, the bird has been laid to rest in the most beautiful place Mrs. Wright can think of. They also find good fruit and decide to take this to her to convince her that after all her fruit did not rot. Instinctively, they know that this will make her feel better about herself. It is interesting that although it is the men who are there to investigate the case and get to the bottom of things, it is the women, through their observations and insight, get to the truth of the matter. They are the ones who notice, and understand, the erratic sewing of the last quilted square, for instance. The men believe that everything is clear, except for a reason for doing it – which they have not discovered despite having occupied the same premises as the women for the same amount of time. The women think briefly about disclosing this – their eyes meet – but they say nothing. They do not discuss it with the men – it would not be their place. Women at the time were considered inferior, the men where the authority. Thus, although some do know the truth, in fact, because of environmental cultures and the norm of the time, it is never discovered fully. Over 100 years later, one must believe, and be grateful that this would no longer happen. We have learned through trial and error and instances such as this that there are a variety of viewpoints and insights that can help us get to the truth. Works Cited Enotes. com, 2005, retrieved 10 April 2006 from the website http://www. enotes. com/trifles/ Trifles, Susan Glaspell, 1916, retrieved 10 April 2006 from the website http://www. vcu. edu/engweb/eng384/trifles. htm

Gradience in Language