Social Criticism Of The Great Gatsby - 707 Words

The Great Gatsby is often considered to be one of the greatest pieces of social commentary ever written. It provides several themes- justice, greed, and the american dream. Fitzgerald set up his novel into distinct groups, each of which having their own problems which remind the reader of just how cruel the world can really be. By creating different social classes, whether they be old money, new money or no money, Fitzgerald delivers important messages about the elitism throughout every part of society. Jay Gatsby is undeniably the personification of unlimited wealth and an inspiration to the aspiring rich. Nick had always said that there was â€Å"something glorious† about Gatsby and that he is filled with â€Å"some heightened sensitivity to the†¦show more content†¦It had faded into a omen that became â€Å"uncommunicable forever† (100). Rather than representing the home of the free, Gatsby represented America as the home of the rich. Gatsby’s dream â€Å"must have been so close that he could hardly fail to grasp it† (159). Jay had continued to search for happiness in his wealth and is unable to see past his made up reality. Sadly, he is unable to acquire happiness through wealth so he turns to the past when wealth was a dream and not some miserable reality. Gatsby had attempted to fix his failures by using his money, not realizing that it was an impossibility. He wanted to â€Å"purchase† Daisy Buchanans love, whom he had been unsuccessfully trying to impress in the past because of his lack of considerable income. But even though it appears that Gatsby’s â€Å"number of enchanted objects have been reduced by one† (84) with the possibility of winning Daisy over, he is screwed by the fact that Daisy has a greater attraction to a safe life of luxury. In an ironic way, Gatsby fails to see that Daisy’s obsession is a perfect mirror to his own love for such objects. Gatsby is unaware of the  "youth and mystery that wealth and imprisons and preserves† (132). He does not want to sacrifice his wealth and accept the simplicity that breaks his heart. He was a man rich on earth, but poor at heart. Gatsby thus â€Å"Pays the price for living too long with a singleShow MoreRelatedSocial criticism in The Great Gatsby and Great Expectations2248 Words   |  9 Pagesconvey criticisms of society. Such works of literature do not directly criticize specific real people or events. They do however present a sense of the writers concern with issues of social injustice and misguided values. Two strong examples of social criticism through literature are Great Expectations by Charles Dickens and The Great Gatsby by F. Scott Fitzgerald. In both novels the writers project their social criticisms to the reader through the use of characterization and setting. Great ExpectationsRead MoreThe Great Gatsby By F. Scott Fitzgerald1343 Words   |  6 PagesHonors English 10 Shugart 18 Decemeber 2014 The Great Gatsby F. Scott Fitzgerald s 1925 novel The Great Gatsby is a tragic love story, a mystery, and a social commentary on American life. The Great Gatsby is about the lives of four wealthy characters observed by the narrator, Nick Carroway. Throughout the novel a mysterious man named Jay Gatsby throws immaculate parties every Saturday night in hope to impress his lost lover, Daisy Buchanan. Gatsby lives in a mansion on West Egg across from DaisyRead MoreThree Symbols in the Great Gatsby1429 Words   |  6 PagesNathaniel Woodford Three Symbols in the Great Gatsby Fitzgerald wrote â€Å"The Great Gatsby† to criticise America from straying from the â€Å"American Dream†. Typically the American society tries to follow the American Dream, which is a dream of a society that allows everyone, no matter what economic class they were born into, to be able to accomplish whatever they want with hard work. With this principle no matter their social class Americans should be able to accomplish anything. Fitzgerald thoughtRead MoreMarxist Criticism Of The Great Gatsby1588 Words   |  7 PagesLiterature 14 April 2015 Marxist Criticism of The Great Gatsby Society has evolved to the point where money is the biggest factor in our lives. People spend an incredible amount of time at their workplace for that miniscule pay raise. Money also plays a role in our relationships with the people around us, seen in the fact that people of similar economic status tend to congregate. This desire to gain more money causes conflict, mainly between people who have a great deal of money, and the people whoRead MoreLife Will Go On1337 Words   |  6 PagesPulitzer Prize, the National Book Award, and the National Book Critics Circle Award. On June 18, 1982, Cheever died of cancer (Wilson 2). One of Cheever’s most well known short stories is â€Å"The Swimmer†. It was first published in 1964 at a time of great prosperity. This was when most of the middle and upper class Americans were enjoying the wealth and affluence of the post war era after World War II. It was during this time, when the suburbs, the setting of â€Å"The Swimmer,â⠂¬  grew in rapid quantityRead MoreThe Great Gatsby By F. Scott Fitzgerald1472 Words   |  6 Pagestends to harbor an inherent and often unavoidable nature that unfairly favors those who are wealthy yet corrupt, and forces those who are moral and noble to suffer. In The Great Gatsby, F. Scott Fitzgerald comments on this concept with the characters Tom and Gatsby. By comparing and contrasting Tom and Gatsby in The Great Gatsby, Fitzgerald develops his critique of the class structure of 1920s America that allows corrupt characters to thrive while punishing sympathetic characters for striving forRead MoreThe Great Gatsby as a Criticism of American Society1538 Words   |  7 PagesThe Great Gatsby as a Criticism of American Society In the novel The Great Gatsby, author F. Scott Fitzgerald criticizes American society through the eyes of his narrator Nick Caraway, as he watches the downfall and pathetic lives of what most consider achievers of the American Dream. Fitzgerald’s criticism of American Society is more prominently proven by his Harsh view of America’s materialistic standard of living, the tragic death of Gatsby, the negligence displayed by Gatsby’s friendsRead MoreF. Scott Fitzgerald’s Expression of Temptation, Deceitfulness, and Jealousy in The Great Gatsby1252 Words   |  6 PagesF. Scott Fitzgerald’s book The Great Gatsby was a remarkable book. Fitzgerald Made the characters of the book as real and as personal as possible. Three characteristics stood out in the novel to me. Tom’s Jealousy of Gatsby relationship with his wife, Gatsby’s lies about who he is and his life, and Daisy’s ways to tempt Gatsby to fall in love with her. The novel was inspired by the way he fell in love with his wife Zelda. The novel The Great Gatsby displays deceitfulness in many of its charactersRead More Feminist Criticism of F. Scott Fitzgerald’s The Great Gatsby810 Words   |  4 PagesFeminist Criticism of The Great Gatsby The pervasive male bias in American literature leads the reader to equate the experience of being American with the experience of being male. In F. Scott Fitzgeralds The Great Gatsby, the background for the experience of disillusionment and betrayal revealed in the novel is the discovery of America. Daisys failure of Gatsby is symbolic of the failure of America to live up to the expectations in the imagination of the men who discovered it. AmericaRead MoreThe Great Gatsby By F. Scott Fitzgerald1271 Words   |  6 PagesAmerican Dream Essay By: Mary C. Watts In his novel,The Great Gatsby, F. Scott Fitzgerald attempted to explore the American Dream during a corrupt period of the 20’s. In this novel, he wants us to believe that money makes the world go round, or perhaps gets one headed in the right direction. Is it true that an individual can achieve success in life, regardless of family history or social status, if they work hard? Fitzgerald wanted to show the hidden boundaries dividing reality from illusion

George Orwell s A Hanging Essay - 2293 Words

In any account written by an author, real or fake, there is always a deeper goal—whether it is to persuade, inform, or just simply entertain. There is always some meaning at its heart. Sometimes, however, messages become swayed and it becomes difficult to recognize the author’s intentions in writing. Sometimes his or her stance is unclear, however—though one side could be strongly argued. â€Å"A Hanging† by George Orwell is a prime example of this type of work, as the 1931 essay provokes thought on the issue of capital punishment. The story details an experience Orwell had during his work in Burma in which he was present for one prisoner’s execution. There is certainly conflict within Orwell for taking part in this event, and for being in relation to the functionaries responsible for carrying out the sentence. While Orwell does not make his belief on capital punishment clear, there is fair reason to argue that he is, in fact, an abolitionist. This is due to his possible usage of the prisoner to represent the inhumanity of the death sentence, an excitable dog portraying the event through the eyes of an innocent creature, and the irony of the workers’ humorous words in contrast to the stark sobriety of the day—however, Orwell’s supposed objective, though strong, also comes under scrutiny in its effectiveness. In order to address this piece and analyze its methods of intention, it is preferable to first provide a summary of its events so that a fluent discussion is allowed. TheShow MoreRelatedGeorge Orwell s Shooting An Elephant And A Hanging 860 Words   |  4 PagesIn George Orwell’s Shooting an Elephant and A Hanging. The setting of both the spots was in Burma, a nation in Asia. In A Hanging the setting was principally in a correctional facility while in Shooting an Elephant was in a Moulmein, in lower Burma where an Elephant went quiet . The Characters in A Hanging were for the most part a Hindu who was little whit no hair and obscure fluid eyes, additionally he had a thick, mustache which was humongous for his body. Additionally George OrwellRead MoreAnalysis Of George Orwell s A Hanging 1765 Words   |  8 PagesUnder the pen name of George Orwell, Eric Arthur Blair writes an essay titled, â€Å"A Hanging,† to show how capital punishment is wrong. This essay is a past experience Orwell has been across. Orwell changes his view on capital punishment, who has the right to shorten someone’s life. Orwell witnesses a hanging of a Hindu man and realizes that it is inhumane and immoral to take a life away from someone. Although Orwell has helped with hangings in his past he realizes that capital punishment is wrong andRead MoreA Hanging By George Orwell799 Words   |  4 Pagesâ€Å"A Hanging† by the visionary English writer, George Orwell, is a non- fiction prose. A Hanging is an account of Orwell’s experience of capital punishment. Orwellâ⠂¬â„¢s purpose of A Hanging is to evoke reader’s sympathy for the plight of the prisoner. This essay will discuss how Orwell’s account made the reader consider their views on the ongoing concern of capital punishment, through the use of effective language. The Autobiographical account is set in Burma during the 1920’s, when Orwell was stationedRead More Biography George Orwell Essay1135 Words   |  5 Pagesopinions like George Orwell. Orwell got to express his opinions in his writings. He wrote about the sociopolitical conditions of his time. For a man whose career started as a dishwasher, he came a long way to be known as the great author he is known as today. In this paper George Orwells early life, his variety of jobs before becoming a writer, his many successes and failures and some of his best known novels and critiques of them, and his sad death will all be discussed. George Orwell was born inRead MoreA Case Where Human Morality Hangs In The Balance. George1457 Words   |  6 PagesA Case where Human Morality hangs in the balance George Orwell, one of the most perceptive writers of his age, portrays the inherent wrong of capital punishment in his short prose work, â€Å"A Hanging†. More specifically, Orwell’s story relates a dramatic experience of the writer while he was working in the Indian Imperial Police in 1920’s colonial Burma. That’s why John Rodden figures out how depressed he was there as he mentioned, â€Å"after he returned from what lie called ‘five wastedRead More A Hanging and A Tell-Tale Heart1541 Words   |  7 PagesWithin a short story, there is usually an obstacle that the main character has to persevere through. Between the characters of the guard from George Orwell’s â€Å"A Hanging† and the servant from Edgar Allen Poe’s â€Å"A Tell-Tale Heart†, they both experience the act of taking another person’s life. The guard from â€Å"A Hanging† works at a prison in Burma where felons await execution. His job is to lead the convicted men to their doom and makes sure everything goes routinely and swift. While the servant fromRead MoreGeorge Orwell s 1984 And One Flew Over The Cuckoo s Nest1675 Words   |  7 Pagesboth 1984 and One Flew Over the Cuckoo’s Nest. Fear is used in both of these stories to discipline the domestic population and ends up being effective. These two novels are ran by totalitarian like structures. The characters are under a certain person s rule, creating the totalitarian government. In these societies, fear is used to gain power in these governments. The manipulation of fear is used in both 1984 and One Flew Over the Cuckoo’s Nest in the manner of which the authoritarians control everyRead MoreSymbolism in 1984841 Words   |  4 PagesGeorge Orwell, in his dystopian novel 1984, includes many symbolic objects, themes, and characters. These symbols are important to a deeper understanding of the book and its purpose. The language in 1984 is symbolic of the Party s manipulation of its members. The development of Newspeak, although seeming to improve the civilization, depletes thought, creativity, and individualism in its speakers. This represents the Party s main goal of brainwashing and taking complete control. The termsRead MoreBurmese Days1142 Words   |  5 PagesRacism in Burmese Britain owned many colonies throughout the 1800’s including Burma. While the British were able to manufacturing raw materials from Burma until the early 1900’s, British Imperialism would forever influence the Burmese Natives. In George Orwell book â€Å"Burmese Days,† racism is one example of this British Imperialism influence. British Imperialism allowed the use of racism to influence the European Club members and British military. Some British authority used racism to diminish theRead MoreConformity And Love In George Orwells 19841344 Words   |  6 PagesConformity and Love in 1984 The ability to love is possibly one of the most recurring aspects of humanity. Everyday people fall in and out of love with each other s personalities, opinions and lifestyle choices. In his novel 1984, George Orwell depicts a dystopian, loveless society. The technology, newspeak, and doublethink force conformity on Oceania, the setting of the book. The lack of diversity in people creates a world, where there isn’t any reason to love anyone else. Family relationships

Eurasian Badger Facts

The Eurasian badger or European badger (Meles meles) is a social, omnivorous mammal that resides in woodlands, pastures, suburbs, and urban parks throughout most of Europe and Asia. In Europe, the badgers are also known by several common names including brock, pate, grey, and bawson. Fast Facts: Eurasian Badger Scientific Name: Meles melesCommon Name(s): Eurasian badger, European badger, Asian badger. In Europe: brock, pate, grey, and bawsonBasic Animal Group: Mammal  Ã‚  Size: 22–35 inches longWeight: Females weigh between 14.5–30 pounds, males are 20–36 poundsLifespan: 6 yearsDiet:  OmnivoreHabitat: Europe and AsiaPopulation: Worldwide unknown; range size variesConservation Status: Least Concern; considered Endangered in Albania Description Eurasian badgers are powerfully built mammals that have a short, fat body and short, sturdy legs well suited for digging. The bottoms of their feet are naked and they have strong claws that are elongated with a sharp end honed for excavation. They have small eyes, small ears, and a long head. Their skulls are heavy and elongated and they have oval braincases. Their fur is grayish and they have black faces with white stripes on the top and sides of their face and neck. Badgers range in body length from about 22–35 inches, with a tail extending another 4.5 to 20 inches. Females weigh between 14.5–30 pounds, while males weigh from 20–36 pounds. DamianKuzdak/Getty Images Species Once thought to be a single species, some researchers split them into subspecies which are similar in appearance and behavior but have different ranges. Common badger (Meles meles meles)Cretan badger (Meles meles arcalus)Trans Caucasian badger (Meles meles canascens)Kizlyar badger (Meles meles heptneri)Iberian badger (Meles meles marianensis)Norwegian badger (Meles meles milleri)Rhodes badger (Meles meles rhodius)Fergana badger (Meles meles severzovi) Habitat European badgers are found throughout the British Isles, Europe, and Scandinavia. Their range extends westward to the Volga River. West of the Volga River, Asian badgers are common. They are most often studied as a group and referred to in the scholarly press simply as Eurasian badgers. Eurasian badgers prefer deciduous woods with clearings or open pastureland with small patches of wood. They are also found in a wide variety of temperate ecosystems, mixed and coniferous woodlands, scrub, suburban areas, and urban parks. Subspecies are found in mountains, plains, and even semi-deserts. Territory ranges vary depending on food availability and so reliable population estimates are not currently available. Diet Eurasian badgers are omnivores. They are opportunistic foragers that consume fruit, nuts, bulbs, tubers, acorns and cereal crops, as well as invertebrates such as earthworms, insects, snails, and slugs. They also eat small mammals such as rats, voles, shrews, moles, mice, and rabbits. When available, they will also feed on small reptiles and amphibians such as frogs, snakes, newts, and lizards. The badgers forage alone even when involved in a social group: Eurasian badgers live in territorial, mixed-sex social colonies each sharing a communal burrow. The animals are nocturnal and spend much of the daylight hours hidden away in their setts. Behavior Eurasian badgers are social animals that live in colonies of six to 20 individuals made up of multiple males, breeding and non-breeding females, and cubs. The groups create and reside in a network of underground tunnels known as a sett or den. Some setts are large enough to house more than a dozen badgers and can have tunnels that are as much as 1,000 feet long with numerous openings to the surface. Badgers excavate their setts in well-drained soils that are easy to dig in. The tunnels are 2–6 feet beneath the surface of the ground and the badgers often construct large chambers where they sleep or care for their young. When digging tunnels, badgers create large mounds outside the entryway. By placing entrances on slopes, the badgers can push the debris down the hill and away from the opening. They do the same when cleaning out their sett, pushing bedding material and other waste out and away from the opening. Groups of badgers are known as colonies and each colony may construct and use several different setts throughout their territory. The setts they use depend on the distribution of food resources within their territory as well as whether or not it is breeding season and young are to be raised in the sett. Setts or sections of setts not used by badgers are sometimes occupied by other animals such as foxes or rabbits. Like bears, badgers experience winter sleep during which time they become less active but their body temperature does not drop as it does in full hibernation. In late summer, badgers begin to gain the weight they will need to power themselves through their winter sleep period. Reproduction Eurasian badgers are polygynous, meaning males mate with multiple females but females only mate with one male. Within social groups, however, only the dominant male and female mate. Dominant females are known to kill cubs from non-dominant females in the social group. Badgers can mate year round, but most commonly in late winter through early spring and late summer through early fall. At times, males expand their territories to cross-breed with extra-group females. Gestation lasts between 9 and 21 months and litters produce 1–6 cubs at a time; females are fertile during pregnancy so multiple paternity births are common. Cubs first emerge from their dens after eight to 10 weeks and are weaned by the age of 2.5 months. They are sexually mature at about a year old, and their lifespans are typically six years, although the oldest known wild badger lived to 14. TonyBaggett/Getty Images Threats European badgers do not have many predators or natural enemies. In some parts of their range, wolves, dogs, and lynxes pose a threat. In some areas, Eurasian badgers live side-by-side other predators such as foxes without conflict. The IUCN Red List comments that since Eurasian badgers occur in many protected areas and there are high densities found in anthropogenic habitats in large parts of its range, the Eurasian badger is highly unlikely to be declining at nearly the rate required to qualify for listing even as Near Threatened. They are targeted for hunting for food or persecuted as a pest, and in some urban and suburban areas, the population has decreased. Although estimates are unreliable, researchers believe the overall population has been increasing throughout their range since the 1980s. During the mid-1990s, the Badgers were classed Lower Risk/least concern (LR/LC) because of elevated occurrence of rabies and tuberculosis, although those diseases have since decreased substantially. Sources Carpenter, Petra J., et al. Mating System of the Eurasian Badger. Molecular Ecology 14.1 (2005): 273-84. Print.,Meles Meles, in a High Density Populationda Silva, Jack, David W. MacDonald, and Peter G. H. Evans. Net Costs of Group Living in a Solitary Forager, the Eurasian Badger (Meles meles). Behavioral Ecology 5.2 (1994): 151-58. Print.Frantz, A. C., et al. Reliable Microsatellite Genotyping of the Eurasian Badger (Meles Meles) Using Faecal DNA. Molecular Ecology 12.6 (2003): 1649-61. Print.Frantz, Alain C., et al. Estimating Population Size by Genotyping Remotely Plucked Hair: The Eurasian Badger. Journal of Applied Ecology 41.5 (2004): 985-95. Print.Kranz, A., A.V. Abramov, J. Herrero, and T. Maran. Meles meles. The IUCN Red List of Threatened Species.T29673A45203002, 2016.  Wang, A. Eurasian badgers (Meles meles). Animal Diversity, 2011.

The Innocence of Brently Mallard in The Story of an Hour...

The Innocence of Brently Mallard in The Story of an Hour by Kate Chopin After reading The Story of an Hour, there seems to linger a feeling in the reader or readers of disgust, or even hatred towards the man. This is especially true for those who have read other popular works by Kate Chopin that also seem to subtly cast the male character in a dim, evil, negative sort of light. So it is not inexcusable to assume that the reason Louise Mallard succumbed to such a sad end is because of her husband, causing oppression or abusing her. However, Louise Mallard is not a victim of oppression caused by her husband Brently. She is a victim of the victim of the oppression caused by marriage in the nineteenth century. Louise†¦show more content†¦They were the type of marriage in which the women were the homemakers and the men were the breadwinners. The women had no real social life, that is, no life outside of the home. It may even be possible that she hardly left the house else her white slender hands(445) may have tanned a little and not have been so white. So Mrs. Mallards first name had no real significance. She is merely Mrs. Mallard, the wife of Brently Mallard. It becomes apparent that Louise has found herself trapped inside of a seriously bogus type of marriage. Not long after she finds out about her husbands unexpected death, she whispers the words, Free, free, free(445). This seems at first quite odd, but when looked at more closely, it plainly states that she is free of the wedlock. And just as a newly freed slave would be overjoyed with the feeling of freedom, and not think twice about his master, Louise is happy with her new found freedom and couldnt care less about Brently. Chopin writes, She saw beyond that bitter moment, which is Brentlys death or funeral, a long procession of years to come that would belong to her absolutely,(445) Louise Mallard soon realizes that, There would be no-one to live for her . . . she would live for herself.(445). No longer will she be just living for her husband, Brently Mall ard. Come to think of it, who was Brently Mallard really? Brently as a person has aShow MoreRelatedThe Swimmer By John Cheever1528 Words   |  7 PagesShep Davis Mrs. Smith English 102 27 April, 2016 The Swimmer In the short story â€Å"The Swimmer† John Cheever characterizes Neddy in a selfish and content manner to illustrate his detachment from society. The swim that Neddy starts in the beginning of the play seems fun and innocent in nature. He enjoys stopping at all of his friends and families house drinking every time after he finishes swimming the pool. The drinking depicts his easy lifestyle, lack of care for the world, and his detachment from

The Bombay Plan And Its Predecessor Attempts - 912 Words

2.2 The Bombay Plan and its Predecessor Attempts The Bombay Plan had the most important share in the establishment of an independent economic policy in the Post-colonial Period. India earned its independence from Great Britain in 1947 and starting with this date, it mainly focused on restoration of the economy via centralization. For centralization process, an economic model that was inspired by Soviet Union called â€Å"Five Year Plan† was developed and was accepted by the Indian the Government in 1952. (Lokanathan, 1945). Another part of the Five Year Plan was to intensify irrigation infrastructure such as watering systems for agricultural activities, which preserved the remarkable majority of Indian economy. Furthermore, in the context of this plan; scientific investigations, including space and nuclear programmes were additional fields that India paid attention similar to the Soviet Union. Nonetheless; economy of India did not correspond all these attempts immediately because of previous excessive investments in defense industry that aimed to enhance resistance to Colonial Rule. The main problems were inadequacy in generation of asset and qualified people along with required improved facilities. Due to these scarcities of sources; for 28 years (1951-1979) Indian economy yielded 3% annual average increase and this growth rate reflected as fixed low charges during all this period. Given the returns of the Five Year Plan; industrial and agricultural activities yielded 4.5%Show MoreRelatedIndias Five Years Plan6466 Words   |  26 PagesOrigin Five year plans were first introduced in the erstwhile Soviet Union in 1928 for controlled and rapid economic development. Much of the Soviet industrial successes are a result of the implementation of its five year plans. In 1950, India’s prime minister Jawaharlal Nehru, impressed by the Soviet system, adopted five year plans as a model for economic development, and established the Planning Commission which was to act independent of any cabinet and was answerable only to the Prime MinisterRead MoreWritten Sources13665 Words   |  55 Pageseffectively. While studying written sources, historians have also divided them into primary and secondary sources. If the primary sources refer to events or people from the period being studied, the secondary sources are works of historians and their predecessors who have written about the past counts. In brief, written sources encompass narratives and memoirs; official papers and newspaper; literature as historical materials records includ ing memos, minutes and official correspondence or records of bureaucracyRead MoreWritten Sources13656 Words   |  55 Pageseffectively. While studying written sources, historians have also divided them into primary and secondary sources. If the primary sources refer to events or people from the period being studied, the secondary sources are works of historians and their predecessors who have written about the past counts. In brief, written sources encompass narratives and memoirs; official papers and newspaper; literature as historical materials records including memos, minutes and official correspondence or records of bureaucracyRead MoreNuclearization in South Asia13618 Words   |  55 Pagesmilitants, a fresh surge of terrorist violence broke out with the assassination of moderate Sikh leader Sant Harchand Singh Longowal shortly after he signed a so-called peace accord with Prime Minister Rajiv Gandhi in July 1985. Gandhis mother and predecessor, Indira Gandhi, earlier fell v ictim to two Sikh assassins from her own security guard in October 1984. However, since late 1985, the intensity and frequency of terrorist attacks have risen sharply, with no end in sight to the ever-growing spiralRead MoreHindi Nibandh on Advantages of Mobile and Disadvantage17790 Words   |  72 Pagesthe questions, more than one of the choices could conceivably answer the question. However, you are to choose the best answer; that is, the response that most accurately and completely answers the question. Passage for Questions 1 to 10 In 1954, a Bombay economist named A.D. Shroff began a Forum of Free Enterprise, whose ideas on economic development were somewhat at odds with those then influentially articulated by the Planning Commission of the Government of India. Shroff complained against theRead MoreWorkers Participation in Management15351 Words   |  62 Pagesgradually been Gaining momentum in India with the introduction of democratic institutions and spread of literacy amo ng workers. The â€Å"National Commission of Labour† observed the industrial worker of today has acquired a dignity not known to his predecessor. He is o Longer the unskilled coolie of the days gone by engaged in an unending Struggle to takeout his existence neglected by the Society except for his limited and with nverty limited aspirations. He has new personality of his own. Social thinkersRead MoreDOW CHEMICALS6171 Words   |  25 Pagespreviously issued bonds. Diageo communicated its decision to investors and rating agencies in the merger announcement by stating â€Å"The enlarged group s policy will be to manage actively the capital 3 For example, Diageo sold Dewar’s Scotch whiskey and Bombay Gin to Bacardi for 1.2 billion pounds in early 1998. Approximately 500 million pounds of the cash payment was paid out to shareholders under the B-share program that began in February 1998. The 320 million pounds remaining after taxes went to payRead MoreWill India Become a Superpower?11373 Words   |  46 Pagesan umbilical cord to it. The RSS in turn can opportunistically own or disown the trishul-waving goondas of the Vishwa Hindu Parishad and the Bajrang Dal. Back in 1968, the scholar-statesman C. Rajagopalachari observed that the Jana Sangh (the predecessor of today s BJP) was a party which has quite a few good leaders. Then he added: What is needed however is a broadmindedness that not just practices toleration but looks upon Mussalmans, Christians, Parsis and others as politically and culturallyRead MoreTata Teleservices Ltd Internship Report13209 Words   |  53 PagesInternet users base fast reaching near the English speaking population base. Local language and content required for further growth Infrastructure equipment cost is down to a fraction of what prevailed just a few years ago. Operators can plan better expansion plan now increased viability for the operators to expand to semi-urban and rural markets, hence, accelerate growth further it’s not without reason that India is tipped to be the world’s third-largest economy by 2050! No wonder if it happens muchRead MoreEmployee Absenteeism11600 Words   |  47 Page salso has in house facilities for hand embroidery. H.R. institute of higher education, Hassan 15 * 16. Employees Absenteeism 2.3. 1 COMPETITORS: The main competitors of GOGO International are Gokul Das Exports, Gokul Das Images, Shahi Exports, and Bombay Rayon etc. 2.3. 2 INFRASTRUCTURE: GO GO has invested heavily in infrastructure, not only for manufacturing of garments but also to streamline the entire production and marketing process. GO GO has made Hassan it’s hub for manufacturing facilities

Australian Corporate Law Understanding Law

Question: Describe about the Australian Corporate Law for Understanding Law. Answer: Issue: The legal issue that arises in this question is if Bob will be able to escape the provisions of Scallop Fishing and Marketing Act if he forms a company. According to this legislation, a quota system has been prescribed and under this system, a person can catch 50 tons of scallops in a single year. On the other hand, Bob's daughter Alice states that if Bob forms a company, he will be able to double his catch as a company is considered as a distinct legal entity that is separate from its members. Relevant law: the relevant legal provision in this regard is the doctrine of separate identity of a corporation. This norm has been provided by the court in the decision given in Salomon v Salomon.[1] In this case, the court came up with the principle that is known as the veil of incorporation. Generally the courts consider that they are bound by this principle. As a result of this principle, it is considered that a fictional veil is present between the members of the company and the company itself.[2] Or in other words, a corporation enjoys a corporate personality that is unique from its members. However there can be certain cases where this corporate veil may be lifted by the courts or the veil may be ignored to impose liability on a person behind the veil or to reveal the real form of the corporation concerned. The rationale that is present behind the notion of piercing the corporate veil is that the law will not allow the persons to misuse or abuse the corporate veil.[3] Therefor e if under the circumstances of a case, the court feels that certain persons are misusing the corporate form, it is available to the court to rip apart the veil and expose the real nature of the company. Therefore in such a case, the court may disregard the principle that has been established in Salomon's case by the House of Lords. Therefore, as mentioned above, the corporations law provides that a legal entity comes into existence on the day of the registration of a company. However, in some cases it is available to the court that this veil of incorporation may be ripped apart and can impose liability on the person behind this veil of incorporation. Therefore in this case, the law allows the court to ignore the legal fiction of the distinct identity of a corporation.[4] This is known as lifting the corporate veil by the court. In this case, the circumstances have been described where the court may decide that the distinct identity of the corporation needs to be ignored and the court should look at the real character of the corporation. The result is that when the court has decided to impale the corporate veil, it has the choice to look beyond the structure of the company for the purpose of imposing rights or duties on the members of the company even if in such a case, if the norm provided in Salmon's case is s trictly applied, the right or the liability cannot be enforced by the court against these members and only the company can be held liable. Therefore when the court has decided that the corporate veil needs to be lifted, the court can ignore the veil and impose the liabilities of the company on the members who have formed the company. But the courts are allowed to do so only under very exceptional circumstances. The result is that still the general rule that is applicable in such cases that the liabilities of the corporation can be imposed only is the corporation and not against its members. Argument on facts: when the relevant legal provisions that have been mentioned above are applied to the facts of this case, it appears that in this case also, the Scallop Fishing and Marketing Act as clearly provided that each person is allowed to catch only 50 tons of scallops per year. But in this case, Bob Beech wants to know if he can escape the application of this legislative provision. For this purpose, his daughter Alice advises him that if he forms a company, he will be in a position to double his catch. The reason is that a company is considered as a distinct legal entity in the eyes of law. Therefore, Alice believes that Bob and the company formed by him will be treated as two persons and they can catch double the quota of scallops. Conclusion: But in this case, Bob's daughter Alice had ignored the fact that if it becomes clear that a company has been formed only for the purpose of evading the liability of its members, the court may rip apart the corporate veil and impose liability on the members of such a corporation. Therefore in the present is also, if it becomes known that the company has been formed by Bob only with a view to escape your application of the Scallop Fishing and Marketing Act, the court may pierce the veil and won't Bob liable for the breach of the provisions of this legislation. As a result it is clear that Bob cannot double the scallops caught by him even if he incorporates a company. 2. Issue: the issue that needs to be decided in this question is if the liability of Nuclear Blast Sounds Pty Ltd can be imposed against its parent company, New Nirvana Ltd. Nuclear Blast Sounds is one of the several subsidiary companies that have been created by New Nirvana for the purpose of establishing its rock concerts. In this regard, Nuclear Blast Sounds as the responsibility to set the sound at the concerts of New Nirvana. However in this case, due to the negligence of Nuclear Blast Sounds, the sound level was set too high and the result was that some members of the audience suffered hearing loss permanently. When these audience members decided to bring a claim against Nuclear Blast Sounds, they came to know that this company does not have the funds to pay the likely damages and in the same way, it does not have any negligence insurance. The result was that these audience members want to know if they can bring a claim against the parent company, New Nirvana as it is in a posi tion to pay the likely damages. Relevant law: According to the corporations law, it is considered that in case of a group of companies, each company has its own distinct identity. At the same time, there is a corporate veil that separates the company and the members of the company. The principle regarding the company being a separate entity was provided in Salmon's case. However, under certain circumstances, it is available to the court to disregard the company as a separate entity and therefore the court may impale the corporate veil.[5] When a group of companies is involved, sometimes it may be decided by the court that the corporate veil needs to be impaled for considering the economic realities that were related with the group of companies.[6] An example in this regard can be given of the case titled D.H.N. food products Ltd. V. Tower Hamlets.[7] Therefore the Court has stated in this case that the separate legal identity of a corporation can be ignored by the courts if under the circumstances, doing so will be just and equitable. In this case, it was the opinion of the court that the corporate veil needs to be impaled regarding a group of companies. The result was that the court arrived at the conclusion that three subsidiary companies of the group were in fact the same economic entity and the result was that the court stated these companies to be entitled to compensation. The general rule that applies in such cases is that when a group of companies is involved, each company of the group needs to be treated as having its own distinct legal identity. But there can be certain cases where the court may decide that they will not be afraid of gays to impale the corporate veil. A similar example was seen in Adams v Cape Industries.[8] The issue in this case deals with the application of a foreign judgment against the company. However while arriving at its decision in the case, the court was of the opinion that each company, forming a part of the group needs to be treated as having its own distinct identity. Therefore, the decision of the court was that when a group of companies is involved, the general principle will be that each company, forming a part of such group should be considered as a distinct entity. However, under the circumstances mentioned above, in some cases the court may arrive at the decision that the general principle should be disregarded a nd the corporate veil needs to be impaled so that the liabilities of the subsidiary company may be imposed on its parent company. Application of the law: In this case, Nuclear Blast Sounds does not have the funds that may be required to pay the likely damages to the audience members and at the same time, this company does not have negligence insurance. Under these circumstances, the audience members who have suffered hearing loss want to bring a claim against the parent company of Nuclear Blast Sounds, New Nirvana Ltd. Conclusion: However this can be allowed only if these audience members can establish that New Nirvana Ltd. has complete control over the activities of Nuclear Blast Sounds and as a result, the corporate veil needs to be impaled and the liabilities of the subsidiary company needs to be imposed on New Nirvana Ltd. 3. Issue: There are two issues that need to be decided in this question. First of all, it has to be seen if the clause mentioned in the constitution of Millennium Pty Ltd can be enforced by Don in his position as the company's solicitor. At the same time, it also needs to be seen if the cause is unforeseeable which provides that whenever a dispute may arise between the company and its members, such dispute should be taken before an arbitrator before starting legal proceedings. Relevant law: the relevant provision in this regard section 140 of the Corporations Act, 2001. This section provides that the company's constitution needs to be considered as a contract that has been concluded between the corporation and its members; the corporation and its directors or a contract between individual members of the corporation. But in this regard it is to be mentioned that the contractual effect of the companies constitution is only restricted to these situations. The relevant case that can be applied on the above-mentioned facts is that of Eley v Positive Life Assurance Co Ltd.[9] In this case, Eley was acting as company's solicitor and it was mentioned in the articles of the company that he will remain the company's solicitor for a lifetime. Later on, he also became a member of the company. But after some time, the company decided to remove him from his position as the company's solicitor. As a result, he started legal proceedings for the breach of contract. However the court did not agree with the submissions of Eley. The code was of the opinion that the contractual effect of articles was limited to Eley's position as a member of the company. Therefore, he cannot enforce this right as the company's solicitor. Another case that deals with the second issue in this question is Hickman v Kent or Romney Marsh Sheep-breeders Association.[10] In this case, the companies constitution provided that if there was a dispute among the company and members, before starting any legal proceedings, such dispute should be taken to an arbitrator. But in this case, Hickman started legal proceedings in a court directly without taking the dispute before an arbitrator first of all. The result was that the court stated that because of the constitution can be enforced by the company against its members. Consequently, the proceedings in the court were stayed. Application: in the present case also, Don is willing to enforce a clause of the constitution of Millennium Pty Ltd not in his capacity as the company's member but as its solicitor. Therefore in this case, he cannot be allowed to do so. On the other hand, the clause which provides that a dispute should be referred to an arbitrator, is legally enforceable. Hence the company can prevent Don from taking recourse to legal action without referring to this due to an arbitrator first of all. Conclusion: Don cannot enforce the clause of the Constitution according to which he was to act as the company's solicitor for all the transactions of the company. But the company can enforce the clause which provides that a dispute has to be taken to an arbitrator before starting legal proceedings. References Harris, J. Hargovan, A. Adams, M. 2015, Australian Corporate Law LexisNexis Butterworths 5th edition Latimer, P, 2016, Australian Business Law CC, Edition Lipton P, Herzberg A and Welsh, M, 2016, Understanding Company Law, 18th edition, Thomson Reuters Parker, G. and Sangkuhl W., 2015, Understanding Business Law 7th ed LexisNexis Butterworths Stephen Graw, 2011, An Introduction to the Law of Contract, 7th Ed., Thomson Reuters. Vermeesch,R B, Lindgren, K E, 2011, Business Law of AustraliaButterworths, 12th Edition Case Law Adams v Cape Industries plc [1990] Ch 433 DHN Food Distributors Ltd v Tower Hamlets London Borough Council [1976] 1 WLR 852 Eley v Positive Life Assurance Co Ltd [1876] 1 Ex D 88 Hickman v Kent or Romney Marsh Sheep-breeders Association [1915] 1 Ch D 881 Salomon v Salomon Co [1897] AC 22

Business Corporations Law of Australia

Question: Discuss about the Business Corporations Law of Australia. Answer: Introduction: There are four major issues which need to be opined on the basis of relevant legal principles. Whether Steve can be held responsible for Toms losses. Whether Steve can be sued by Pamela for breaching of contract. Whether Danny and Steve have executed a legally enforceable contract. Whether Steve and Cool It Aircon Ltd have an enforceable contract in place and if the company can press Steve to comply with the contract terms. Law The main pre-requisite for a legal contract is the presence of a valid agreement. Such an agreement would typically consist of both offer and acceptance. The offer is communicated by the offeror and the offeree in turn may decide to accept the offer, reject it or propose a counter offer for the offeror. It is imperative that only unconditional acceptance may be termed as a valid acceptance (Carter, 2012). It is imperative that the acceptance on part of the offeree is communicated to the offeror as mere mental acceptance does not lead to enactment of a contract. It is apparent from the arguments in R v Clarke(1927) case that any acceptance that is communicated to the offeror without the offeree actually intending to communicate the same would not hold value and thus any contract enacted on such basis would be null and void (Lindgren, 2011). It is imperative that the before communication acceptance, the offeree should know about the offer and the specific terms contained therein (Gibso n and Fraser, 2014). A valid agreement can be converted into an enforceable contract with the present of consideration and intention on the part of both parties to be bound in a legal relation. Consideration may be defined as the gain that a promisor gets for making a promise to the promisee (Carter, 2012). In accordance with the relevant contract law provisions, past consideration is not held as a sufficient consideration for enacting present or future contracts. As indicated in the Harrington v Taylor (1945) case, no consideration can be promised for a promise that has been executed by the other party (Davenport and Parker, 2014). In accordance with common law, if any misrepresentation with regards to a particular factual data which has been made so as to ensure a contractual relationship with the other party, then the party who has defaulted would be held responsible for any losses that the aggrieved party may sustain due to incorrect information being communicated. Further, the aggrieved party has the option of terminating such a contract (Lindgren, 2011). As per the relevant provision of CCA (Competition and Consumer Act), 2010, with regards to commercial transaction between two parties, the party which carries on commerce must ensure not to carry out any activity which may be termed as deceptive. In accordance to verdict in Google Inc v ACCC (2013), it can be concluded that in the event of default, then as per Section 18 damages can be claimed by the other party (Pathinayake, 2014). Additionally, if any events takes place which essentially is beyond the contracting parties scope and renders the discharge of contractual obligations as impossible, then this results in the contract being declared as frustrated and would be terminated as evident from the decision taken in the Taylor v Caldwell(1863) (Latimer, 2005). Application In wake of the above legal principles, the given situations are analyzed as shown below. A truck has been hired by Tom from Steve. Tom specified that the truck should be able to carry cargo to the tune of 10 tons. Steve assured Tom that he is providing him with a truck that had a load capacity of 12 tons. However, this factual statement made by Steve was false but was made with the intention of entering a legal agreement with Tom. In line with Section 18 of CCA, Tom can claim damages from Steve for the losses caused due to this false information. Pamela used to water Steves garden in his absence. However, it was purely voluntary and the two did not have any agreement regarding the same. But Steve was impressed with this and thus promises to lend her a car for the weekend trip when she approaches him for help. However, this promise is not enforceable since it is based on past consideration and thus Pamela would not be successful in suing Steve. A contract was enacted between Steve and Danny as per which Steve agreed to provide him with a Toyota Corolla on rent. The rent and other charges were told by Steve and Danny agreed for the same. However, at the time when Steve promises the availability of Corolla for Danny, he is not aware that the car had already been destroyed. Since the car i.e. the object of the contract has been destroyed, hence the contract would automatically be terminated on account of it being frustrated. Hence, Danny cannot enforce the contract as it has been frustrated for no fault of either party. There were negotiations between Steve and Trisha (representative of Cool It Aircon Ltd) with regards to purchase of air conditioner. Trisha sent a draft of the contract to Steve and this was put aside by Steve. However, this contract got mixed with the other papers on his desk and he signed by mistake assuming that it is a different document and this signed document was also faxed to the company. It is apparent that Steve had no intentions to enter into contractual relation with the company and the acceptance was communicated by mistake and hence there is no enforceable contract in the given case. Conclusion Hence, with regards to the given situation, following conclusions could be drawn. There has been violation of CAA, 2010 and common law by Steve who indulged in misrepresentation and hence Tom can claim damages. Pamela did not have an enforceable contract since it was based on past consideration. The contract became frustrated as the car in question was destroyed which rendered the contract as impossible and hence the contract between Danny and Steve is assumed to be terminated. With regards to purchase of air conditioner, Steve did not have any intention to enforce a contract with Trisha and acceptance was communicated in mistake and hence the contract is null and void. References Carter, J. (2012), Contract Act in Australia, Sydney: LexisNexis Publications Davenport, S. and Parker, D. (2014), Business and Law in Australia, Sydney: LexisNexis Publications Gibson, A. and Fraser, D. (2014), Business Law, Sydney: Pearson Publications Latimer, P. (2005), Australian business law, Sydney: CCH Australia Lindgren, K.E. (2011), Vermeesch and Lindgren's Business Law of Australia, Sydney: LexisNexis Publications Pathinayake, A. (2014), Commercial and Corporations Law, Sydney: Thomson-Reuters,