External Environment Analysis of Rio International Company in Dubai Essay

External Environment Analysis of Rio International Company in Dubai - Essay Example The company currently provides its services to the Middle East and other Asian countries at large. It is believed that it is through its lengthy relations that the company has stronger networks and connections. Locally, the company extends its services to airports, resorts, catering suppliers, restaurants, coffee shops, supermarkets, and Multi Star Hotels (Atninfo, 2013). In as much as the company can rejoice and celebrate so many years of existence, there is much that it should do about its environmental factors that directly affect its performance and its future success. To be able to do this, the company needs to carry out an environmental analysis that would involve analyzing all the factors in its external environment that directly affect its performance. In analyzing Rio International’s external environment, we use the following tools: Most of the equipment that are provided by the companies in the food processing industry in Dubai are manufactured and imported from Switzerland and Germany. This has inhibited adequate growth in the industry as most of the revenues earned taken back to the countries where the products come to purchase more. When the industry depends so much on other countries for the supply of the equipment, it loses the independence to keep itself in business without overreliance on other countries. The industry can, therefore, face easy extinction in case the countries supplying it with the equipment decides to put unfriendly policies that would make it hard for bilateral or multilateral trade between the countries. The government of Dubai is involved largely in the key sectors of the economy. Manufacturing and processing being one such sector, the government can use its political influences to protect such sectors from external exploitation. Therefore, the industry is protected politically through formulation of appropriate legal conditions to make it grow and survive without much

Philosophy Essay Example | Topics and Well Written Essays - 1000 words

Philosophy - Essay Example Critical self-examination is a necessary process in the achievement of self-knowledge, wisdom and virtue – elements that are crucial in arriving at correct judgments, decisions and behavior. This strategy is akin to an inductive approach at learning the truth. An exposition of a Delphic inscription, â€Å"Know thyself,† it provided an effective and universally applicable framework by which any individual, regardless of the period, time or circumstance he or she is in, could use in a quest for truth. The process should be able to demonstrate its merits and the claim that it is very much relevant today. The first step, explained Fuller, in knowing oneself is â€Å"to perceive how superficial and ignorant and prejudiced one really was† (62). The argument is that wisdom and the ability of discernment can only result as a consequence of an individual’s capacity to understand his surroundings. He or she will never be able to do so if he does not understand himse lf. For example, failure to identify bias taints ones ability to make objective and just decisions and correct choices. He can never claim righteousness or self-knowledge if he did not pass through the stage of humble realization and recognition of his ignorance – important variables in one’s desire and motivation to learn. ... In this regard, man cannot be considered as a mere vessel and receptacle of knowledge and experience. Discernment is required in order to effectively use the data and experience that people accumulate in order to identify truth from the fallacious. A person can examine oneself – his beliefs, values, thoughts and ideas – in various ways. The diversity in the approaches further shows how the self-examination guide and enhance our abilities to judge, decide and act. Besides self-evaluation and assessment, men can reflect on certain aspects of their acts and thoughts through conversation with other people or through the intercourse of the mind. Each mind has unique ways of acquiring and interpreting meanings. Reflections on one’s own conversation with others can help to examine and stimulate his capacity to be critical of one self and accepting of what is the truth. It is, hence, clear that without self-examination, a person would be ignorant and incapable to think a nd do what is right. In instances where this may not be true, his personal biases will cloud his ability to discern and acknowledge the truth. Unfortunately, this is aggravated by the tendency of ignorant men to become arrogant, which makes the whole affair tragic. Our circumstance might have changed since Socrates’ time. However, human nature is still the same – we are rational human being capable of rational judgments. People today just like the citizens of Athens cannot realize their full capacity to decide, choose and act correctly without self-knowledge. 8. Do you think that Hobbes is correct in denying that there is such a thing as free will? What was the basis

Tourism And Hospitality Management In Bangladesh Tourism Essay

Tourism And Hospitality Management In Bangladesh Tourism Essay Tourism and hospitality management business is one of the booming sectors of todays business world. It contributes a great amount in every national economy. Sheraton hotel is the first renowned five-star hotel in Bangladesh which is related in tourism and hospitality business. They are successfully operating their business for many years. Hospitality and tourism industry needs smart and efficient employee Dhaka Sheraton Hotel has these kind of employee. And they are pretty much efficient to Human Resource Management. Companys performance is highly depended on the performance of their employees. If they perform their duties perfectly companys performance will be greater. Beside these Dhaka Sheraton Hotel developed new strategies for their employees by which they will be satisfied with the organization. To step ahead Sheraton hotel has to nurture and practice few core competencies in the hospitality and tourism industry. The initial steps of fundamental activities of HRM is recruiting labor and it work forces. If organizations hire individual labor haphazardly without any employment planning they would not be able to serve their customer perfectly. Dhaka Sheraton hotel is efficient in employment planning. Job satisfaction is highly depending on the employee and the fulfillment of their expectations. If they are satisfy with the returns which are given by the organizations. Dhaka Sheraton Hotel keeps in mind to serve their employee with benefit and compensation by which they can turn into loyal employee. PART -A 2. Setting new strategies: It has been two decades that manager is learning to play by a new set of rules. Companies must have flexibility to respond quickly to be competitive and market changes. (Porter, 1996). To step ahead Sheraton hotel has to nurture and practice few core competencies in the hospitality and tourism industry. Dhaka Sheraton Hotel currently developed new strategies are given below: High allowance: Companys performance is highly depends on the employees who work for the organization. If they are satisfied with their allowance they will be serious in their work. Understanding this fact Dhaka Sheraton Hotel provides their employee with high allowance. Package tour: Dhaka Sheraton Hotel offer their permanent employee package tour according to their performance and their qualities Commission: They also provide commission to their employee on the basis of their capacity of the guest handling. Besides the salary commission has a great motivational thing to enhance their performance. Bonus: Yearly bonus and the occasional bonus are provided by the Dhaka Sheraton Hotel to their employees. These bonuses make the salary higher than any other organization regarding this sector. So employees become satisfy with this bonus. Transportation facilities: They have transportation facilities for their employees so that the employees have safe journey to their work place without any hazards. Lunch and dinner: Dhaka Sheraton Hotel provides lunch to their employees. So that they can get their meal in their work place. It reduces the waste of time and increase the capacity of doing work. They can have a get together in the lunch period and able to discuss many other issues between them. Housing: They also offer their employee housing facilities according to their position in the job sector. Proper housing can remove the frustration and tension of being safe. 3. Evaluate new strategies: Dhaka Sheraton Hotel set new strategies for the employees which make them satisfied in their workplace. For ensuring these managers take many steps and they are careful about the labor recruitment, high turnover rate and satisfaction issue. Organization must be careful about the labor recruitment process. Through this process organizations work force is hired for accomplishing many tasks. To satisfy the work force company needs to build healthy relationships between them. Labor recruitment: Organizations performance depends on the human resource management. The initial steps of fundamental activities of HRM is recruiting labor and it work forces. If organizations hire individual labor haphazardly without any employment planning they would not be able to serve their customer perfectly. Turn over: Dhaka Sheraton Hotel knows how to satisfy their customer. If the customers are more satisfied than their expectations with the service of Dhaka Sheraton Hotel they will be the loyal customer group. And Dhaka Sheraton Hotel has loyal customer group. Their exclusive services are attracted many customer by which they always prefer this hotel which helps to make a smart turnover every year. Satisfaction: job satisfaction is very important for the employees. If they are not satisfied to work with the organization they will not concentrate to their work properly. Their work environment should be satisfactory to them so that they can work properly and ultimately the organization will be benefited for it. 3.1 Labor recruitment: The labor recruitment is the fundamental step of HRM. In the recruiting process organization should have some considerations in their mind for their labor. The last few years there is a number of studies have seen with international contrasts in the history of work and managerial and recruiting strategies. (Lorenz, 1990) Employee selection: Every organization prefers good people to work with them. For this reason hiring good people is very much essential for the organization. To work in the hospitality and tourism industry employees must be smart and able to survive in the changing situation. (David A.Decanzo nd Stephen P.Robbins) Efficient employee: hospitality and tourism industry is totally different from the other industry. For this reason they need efficient people to conduct their activities properly. Dhaka Sheraton Hotel always searching for efficient employee who will be able to work in the challenging environment. High skilled: Dhaka Sheraton Hotel also prefer high skilled employee. They have unique technology to serve their customer and their targeted area which needs high skilled labor. Better environment: Better environment needs better people. Dhaka Sheraton Hotel believes this statement for this reason they try to hire those people who are able to cope with the environment and are able to survive with the changing environment. 3.2 Turn over: Dhaka Sheraton Hotel knows how to satisfy their customer. If the customers are more satisfied than their expectations with the service of Dhaka Sheraton Hotel they will be the loyal customer group. And Dhaka Sheraton Hotel has loyal customer group. Their exclusive services are attracted many customer by which they always prefer this hotel which helps to make a smart turnover every year. Loyal customer group: Dhaka Sheraton Hotel knows how to satisfy their customer. If the customers are more satisfied than their expectations with the service of Dhaka Sheraton Hotel they will be the loyal customer group. And Dhaka Sheraton Hotel has loyal customer group. Their exclusive services are attracted many customer by which they always prefer this hotel which helps to make a smart turnover every year. High rate of customer loyalty: Dhaka Sheraton Hotel has many loyal customer and it also have high rate of customer loyalty with the best service of this country. It also makes a great turnover. Best use of capital: Dhaka Sheraton Hotel knows the way of best use of their capital. Their service and the other facilities is world class. Which make them a international hotel. It has all facilities of the five star hotels. Thats why it is known as international hotel. High charge: They charges high in some service which are not available in other hotels in Bangladesh. They charges high because they are expert in that area. This high charge brings out high turn over at every financial year. Price skimming: Dhaka Sheraton Hotel charges high in some area which is exclusive. When they introduce new services they follow the market skimming pricing. 3.3 Satisfaction: Job satisfaction is highly depending on the employee and the fulfillment of their expectations. If they are satisfy with the returns which are given by the organizations. Dhaka Sheraton Hotel keeps in mind to serve their employee with benefit and compensation by which they can turn into loyal employee. Better satisfaction: working capacity is depending on the employee satisfaction. If the employee of an organizations are satisfied with the organization they will try to work hard for the organization. Dhaka Sheraton hotel offers better satisfaction than the other organizations. Secured life: if an employee is satisfy with the organization then they need a secured life. Dhaka Sheraton hotel gives their employee some unique offer which helps them to secure their life. They are: generosity pension transportation housing health insurance Financial satisfaction: Dhaka Sheraton hotel offers high salary then the other hotel to their employee for this reason the employees are satisfied and they are interested to work with them for long time. Social satisfaction: Dhaka Sheraton hotel organizes different types of social functions which makes the employees life happier than before. In the special days they organize special events for their employee and their customers. They are : Pitha uthshob Eid mela Ice cream festival Educational fair. 3.3.5 Family collaboration: Dhaka Sheraton Hotel organizes different types of gatherings which enhance the family collaboration. Dhaka Seraton Hotel always try to make the bond as like a family among their employees which helps to increase the ability to work. PART B 4. Exploring the HR related problem that affect Sheraton hotel: Human resource management is not an easy task. It must be ensured by the HR manager that the right person is placed in the right situation to do the right task within a right time (Sushan and Rundall, 1990). If these things are not perfectly done problems occur in workplace. For this reason Dhaka Sheraton Hotel some times has to face HR related problems. And these problems are given below: 4.1 Frequent interchange: Switching job is a common scenario of todays business world. Employees are always searching for extra benefit and greater remuneration and other reason. Frequent interchange of the employee causes problem in every organization. Dhaka Sheraton hotel faces many problems for the frequent interchange of the employee. To fill the empty post they need to arrange another recruitment process. High demand of employee: In the tourism and hospitality industry the employee demand is high in Bangladesh. Dhaka Sheraton hotel always prefer the smart and efficient employee to work with them. Employee sometimes demands high for their job which causes several problems to them. Unreasonable demand: Dhaka Sheraton Hotel pays perfectly to their employee as they deserve. Sometimes employees are not satisfied with it they demand high salary which is unreasonable. Bonus demand: Employees demanded high bonus which is not right in the sense of management. Dhaka Sheraton hotel offer bonus to its employee in every occasion but their employee demand high bonus in some occasion. Personality conflict: In every workplace sometimes personality conflict happens. In Dhaka Sheraton hotel it also occurred. HR manager has to face many problem for personality conflict 5. Option to improve relationship: HR manager should have the interpersonal skills like communication, caring, encouragement and giving feedback.(FCCLA) They must ensure decentralized worksites, friendly environment and so on which are given below Decentralized work sites: HR manager can improve relation through establishing decentralized work site. They can plan their work in a decentralized way by reorganized them. Managers must know how to establish and ensure appropriate work quality and on time completion. Decentralized work sites remove traditional working system and mangers need to change the work.(DeCenzo. and Robbins, 2008) Friendly environment: HR manager should improve the environment and make a healthy friendly environment. This makes the employee to do their work easily and perfectly. Suggestion box: HR manager can offer suggestion box where employee can give suggestion. This makes them to feel that they are important for the organization and HR manger. Complain box: This type of box can be offered by the HR manager to make complain to anybody to the top management. These can help them to work perfectly for the organization. Cross functional team: In every department there should be flow of information regarding their work. It could be helpful for the organization and for the employee. If they have the information which are related to the other department of the Dhaka Sheraton Hotel their work would be easier to accomplish. Frequent information flow: HR manager should ensure to the frequent flow of relevant information. From the upper level o the lower level frequent flow of relevant information is needed it will be helpful for the employee to make decision regarding their work. Training and development: To maximize the employees potentialities training and development is needed. HR manager can organize different types of training which are related to maintain relationships and develop their career. Motivation: To give the employees proper motivation can be enhance the relationship between the HR manager and the employees. HR manager is responsible for the identification of the employees need and want and according to them they have to use the motivational tools. (Themduangkhae W,2002) Feedback: Feedback is important for the HR manger and the employees. By this they can share what they understand by accomplishing any new task. And what would be the further steps to make the task easier than before. 5.10 Communications: HR manager can improve the relationship with the employees by communicating directly. They can communicate with the employee directly to know about their progress of their and their condition. They can also communicate to know about the problem that employees are facing to do their tasks. Establishing rewards and pay plans: HR manager can establish rewards and pay plans. According to the employees performance HR manger can give them performance based rewards. Performance based rewards can be : Commissions Piecework pay plans Incentives system Group bonus Merit pay Performance may not be the only determinant to give the rewards. It can be the high motivational tools for the employees. 6. Conclusion: Hospitality and tourism industry is a very profitable sector where HRM is very much important. Clients are being served by the employees of the organization. If the employees are not satisfied they will not work properly. If their work environment is not suitable for them they will not stay in that organization. So HR manager should keep in mind about the employees satisfaction and motivation to accomplish their goals and objectives to gain a high turn over every year.

The Element: Chlorine Essay -- essays research papers

The Element: Chlorine General Information We researched the chemical element known as chlorine. Chlorine has an atomic number of 17 and an atomic weight of 35.453. It has a valence number of 3. The element has 3 energy levels. Chlorine exists as a greenish-yellow gas at normal temperatures and pressures. Chlorine is second in reactivity only to fluorine among the halogen elements. Chlorine is a nonmetal. It is estimated that 0.045% of the earth’s crust and 1.9% of sea water are chlorine. Chlorine combines with metals and nonmetals and organic materials to form hundreds of chlorine compounds. Chlorine is about 2.5 times as dense as air and moderately soluble in water, forming a pale yellowish green solution. Chlorine is so reactive that it never occurs free in nature. Chemical Properties Chlorine is in the halogen family, and like all the other halogen elements chlorine has a strong tendency to gain one electron and become a chloride ion. Chlorine readily reacts with metals to form chlorides, most of which are soluble in water. Chlorine also reacts directly with many nonmetals such as sulfur, phosphorus, and other halogens. Chlorine can support combustion; if a candle were to be thrown into a vessel of chlorine, it would continue to burn, releasing dense, black clouds of smoke, The chlorine combines with hydrogen of the paraffin, forming hydrogen chloride, and uncombined carbon is left in the form of soot. Soot is black residue from fuel. Chlorine replaces iodine and bromine from their salts. Dry chlorine is somewhat inert or not able to move, but moist chlorine unites directly with most of the elements. History Chlorine was discovered in 1774 by Karl Scheele. Humphry Davy proved that chlorine was an element. Extensive production began 100 years later. During the 20th Century. The amount of Chlorine used was considered a measure of industrial growth. In, 1975 chlorine productions ranked seventh on the list of largest-volume chemicals produced in the United States. The importance of chlorine has changed as new uses have been added. In 1925 paper and pulp used over one- half . The chlorine made and chemical products only 10%. By the 1960’s paper and pulp use accounted for only 15-17% and the chemical uses increased to 75-80%. Peoples uses have contributed to the growth of large cities, and new textiles, plastics, paints, and miscellaneous uses have raise... ...h chlorine. At the iron cathode or negatively charged electrode, sodium ions are reduced to sodium metal, which reacts immediately with water to form sodium hydroxide. Another method of preparing chlorine is by the electrolysis of molten salt. This process is used specifically to produce sodium, and the chlorine is a commercial by product. When large quantities of waste hydrochloric and are available. Chlorine may be recovered by oxidation of the acid. This method has the advantage of converting great quantities of waste acid to useful substances. No matter what process is used to prepare chlorine, the gas must be well dried. Dry chlorine is much less corrosive than moist chlorine gas. In the laboratory chlorine may be prepared by heating manganese oxide with hydrochloric acid. Conclusion In conclusion chlorine is a very wonderful element. Chlorine has hundreds of compounds. If we did not have these compounds we would not have clean water, we would have an insect problem, we could not make many important compounds that are used in medicine, and some of the battles in World War I might have been lost if it were not for chlorine. Our world would not be the same if not for chlorine.

Examinership, Receivership and Liquidation in Ireland

The collapse of the Irish economy has triggered a substantial increase in the number of companies in Ireland which are being deemed insolvent and which are no longer in a position to continue operating as viable entities. This has caused the companies directors, creditors and shareholders to seek remedies available under Irish law. The law in Ireland regarding companies in financial difficulties was originally set out by the Companies Act 1963, which was amended in 1990, and then again in 1999.All cooperate entities must adhere to the legislation set out under the Act and their individual memorandum of association and articles of association, which together constitute the constitution of a company. The principal remedies for dealing with insolvent companies are: 1. Examinership; 2. Receivership; 3. Liquidation. 1. The concept of examinership was introduced into Irish law by the Companies (Amendment) Act 1990. This legislation was enacted in order to provide companies which were in fi nancial difficulties with the chance of recovering and thereby avoiding liquidation.An examinership is where the court places a company under its protection to enable a court appointed examiner to assess the affairs of a company and consider whether it is capable of survival, and if so, puts forward proposals that will facilitate that continuation of business. The motivation behind the creation of this legislation was the prevention of the collapse of the Goodman Group. The aim of this legislation was to avoid liquidation of companies with a chance of recovering from financial difficulties.Forde and Kennedy opine that the immediate objective and consequence of the protection created by this legislation is to provide the company or companies in question with extensive immunity against its creditors and against claims being made against it. McCormack in his article â€Å"Control and Corporate Rescue† believes that this role was created as a response to changing political and bu siness dynamics in the l990s. The receivership model was seen as being too creditor centred and as not being sufficiently responsive to the concerns of other stakeholders.The feeling at the time, McCormack opined, was that â€Å"banks had pushed companies unnecessarily into insolvency by being unduly precipitate in the appointment of receivers. † The original legislation has been criticised in numerous respects, and so has been amended significantly by the CA 1999. Finlay CJ in the Supreme Court in Re Holidair Ltd, acknowledged the shortcomings of the legislation and held that it is appropriate to approach the construction of any sections in CA 1990 on the basis that the two objectives of the legislature were to provide a period of protection for a company and that a company should be continued as a going concern.The legislation was being used as a last attempt to save companies which were incapable of salvation. As John O’Donnell put it in his article ‘Nursing t he Corporate Patient – Examinership and Certification under the Companies Act, 1990’, â€Å"for many, it has been a painful experience to learn that the Act is designed to help cure the sick but cannot raise the dead. † Keane notes that the granting of the examiner is discretionary. A court may appoint an examiner where it appears that: a) A company is or is likely to be unable to pay its debts; (b) No resolution subsists for the winding-up of the company; (c) No order has been made for the winding-up of the company. Because of the effects of an examiner on a company, one should not be appointed without a real prospect of survival. Lardner J in Re Atlantic Magnetics Ltd advocated a strict test for â€Å"reasonable prospect of survival†. He was overruled by the Supreme Court, in favour of a requirement of â€Å"some prospect of survival†.Prior to the revision of CA 1990, the leading authority on the test for the appointment of an examiner was that S C decision in Re Atlantic Magnetics Ltd. The statutory revision of Section 2. 2 has effectively reversed that decision. The foregoing views are supported by the decision of the High Court in Re Tuskar Resources plc, which was the first written decision on the appointment of an examiner since the changes effected by CA 1999 were commenced. McCracken J began by analysing the changes effected to the test for the appointment.He said the new test was more in keeping with the decision of Lardner J in the High Court than with the decision in the Supreme Court – â€Å"In re Atlantic Magnetic†¦Finlay CJ also stated that there cannot be an onus of proof on a petitioner to establish as matter of probability that the company is capable of surviving as a going concern. It seems to me that this is no longer the position under the Act of 1999 by reason of the wording of the new sub-s 2(2). † He refused to appoint an examiner as the petitioner had failed to discharge the onus of proof that there was a reasonable prospect of the survival of the company.Although all petitions to have an Examiner appointed must be presented to the High Court, the HC may remit the matter to the Circuit Court under CA1990 Section 3. 9 where it appears that the total liabilities of the company, do not exceed â‚ ¬317,434. For the petition to be approved, the CA 1990 required a petition to have evidence of possibility of salvation but no detailed analysis of the company’s situation was required. This is another criticism of that Act. The petition to have an examiner appointed and the grounding affidavit must be made uberrimae fides, that is, in the utmost of good faith.What was first decided by Costello J in Re Wogans (Drogheda) Ltd has now been given statutory force by Section 4a CA 1990. Where it is discovered that the court has been misled, the entire application will be tainted. If this is discovered early in the proceedings, the examiner will be discharged where the lack of good faith is sufficiently serious. However, a lack of candour and good faith will not always result in a refusal to confirm an examiner’s proposals, as seem in Re Selukwe Ltd. There are no particular qualification requirements for an examiner. They can’t have been an officer of the company within the last 12 months.McCracken J held in Re Tuskar Resources plc that there was no bar on the person who provides the independent person’s report from acting as examiner. The person appointed is entitled to court-fixed remuneration and to costs. He can employ staff to assist or may use company staff. Section 10 CA 1990 provides that any liabilities incurred during the protection period are deemed to be legit examiner expenses. These liabilities would include new borrowing. Forde and Kennedy explain that the reason why the examiner may certify liabilities is that there may otherwise be a danger that the company’s survival as a going oncern may be prejudiced . Section 29 CA 1990 gave these liabilities and expenses priority over creditors where a scheme of arrangement was drawn up or a winding up ensued. This provision was one of the most criticised. It was deemed to subvert the whole lending process, as secured creditors lost priority. This had the potential to severely prejudice these creditors should examinership fail. Prior to the enactment of the 1999 Act, the duty of the examiner was to conduct an examination of the affairs of the company and report the results to the court within a specified period and to later present proposals and schemes of arrangement.Since the 1999 Act, that report is effectively replaced by the report of the independent accountant which must now accompany the petition. Accordingly, the duty of the examiner now is: (a) To formulate proposals for a compromise or scheme of arrangement; (b) To carry out such other duties as the court may direct him to carry out. The examiner must report to the court within 35 da ys informing then of any schemes formulated. If the court is then not satisfied, it can order the company be wound up as per Section 22 CA 1999. The examiner must meet with creditors and members to devise schemes of arrangement.The members and creditors are classed for the purpose of voting on schemes and these schemes are deemed to be accepted if the majority vote in favour from each class. Various classes can vote on the proposals, including the Revenue, etc. When these proposals go to the court, any creditor or member whose interests are impaired may be heard. If a party who was completely unaware of the proposed scheme can show that the examiner knew of his existence but failed to take reasonable steps to appraise him of the situation, he may possibly have a right of action against the examiner for damages.The court will not approve the proposals unless at least one class of creditors impaired by the proposals vote in their favour. As to the actual content of the proposals, the only requirement regarding the proposals’ intrinsic merits are that of equality within classes. Proposals must be fair and equitable and not unfairly prejudicial. The court may propose modifications to schemes and these must be voted on if significant. 2. Receivership arises in the context of secured debenture holders and provides a framework in which they may act so as to enforce their security interest.Forde and Kennedy observe that at times receivership is used not simply as a means of reimbursing creditors but more as a device for reorganising insolvent companies, so as to salvage their viable parts for the benefit of those involved. Courtney notes that the term derives from the Latin recipiere â€Å"to take†. The receiver will go to the company and take control of those assets subject to the charge. They can then dispose of those assets and pay off the principal and interest due to the debenture holder.Receiverships involve two distinct relationships as per Barr J in Bula Ltd v Crowley – â€Å"First, that between the appointing mortgagee and the receiver which relates to the fundamental objective of the receivership†¦The second relationship is that between the receiver and third parties arising out of the receivership†¦Ã¢â‚¬  The receiver is usually appointed by virtue of the debenture. The validity of the appointment of a receiver is dependent upon compliance with the terms contained in the debenture and the capacity of the company and authority of its officers to create the deb ab initio, that is, from the beginning.Courtney states that a creditor owes no special duty to a company in deciding whether or not to appoint a receiver. The fundamental issue for the debenture holder is whether or not the appointment will further their interests. However, where the appointment will not advance these interests, the appointment may be said to have been made in bad faith. The only qualifications that the law requires of receivers a re negative, i. e. certain persons are barred from becoming receivers, such as undischarged bankrupts and persons connected to or related to persons within the company, as per Section 170 CA 1990.In Wise Finance Co Ltd the court held that a company’s secretary was ineligible to act as that company’s receiver. A receiver appointed by debenture can resign with notice. The court also possesses an inherent power to appoint a receiver on application by a debenture holder. This occurs in instances where the debenture doesn’t provide for an appointment in a particular situation which has arisen. A receiver appointed by the court has the status of an officer of the court and can only resign with the authority of the court.Ellis noted that receivers, irrespective of the method of their appointment, are regarded as being in a ‘fiduciary' relationship with those who appointed them. A receiver is normally deemed to be the agent of the company by virtue of his appointm ent; however, the receiver’s primary duty is to the debenture holder. The receiver owes a fiduciary duty to the debenture holder and must conduct his receivership in good faith. The receiver is liable to the debenture holder in damages if he is negligent.The receiver is liable to the company where he is negligent in the sale of any of the company’s assets. Section 172 CA 1990 states that â€Å"a receiver, in selling property of a company, shall exercise all reasonable care to obtain the best price reasonably obtainable for the property at the time of the sale†. This gave statutory effect to the law in Ireland that a receiver should be required to ensure that he got the best price for an asset, even if a much smaller sum would realise his security, as accepted in Ireland in Lambert v Donnelly and McGowan v Gannon.It was observed by McCracken J in Ruby Property Company Ltd that this is simply a statutory acknowledgement of the position at common law. A receiver ca n’t be appointed after appointment of an examiner. If appointed in the 3 days prior to examiner appointment, he may be ordered to cease acting. 3. Liquidation terminates a company’s existence and distributes its assets in a preordained way. Carrie Jane Canniffe â€Å"Restraining a Creditor's Winding up Petition – The position since Truck and Machinery Sales Ltd v Marubeni Komatsu Ltd. , proffers the winding up process can be said to mark the formalised beginning of a company's end. There are two main forms of winding up; (a) By court order; (b) Voluntary. A voluntary winding up can be either a members’ winding up or a creditors winding up. Ussher observes that the only grounds upon which a company may be wound up by the court are stated in Section 213 of the Companies Act 1963. Two different types of grounds exist for the winding up of a company by the courts, procedural and substantive.Three different procedural grounds exist: (a) The company has resolv ed by special resolution to wind up the company. It was held in the case of Re Galway and Salthill Tramway Co. , that the board of directors may not cause it to do so without the benefit of an authorising or ratifying resolution in general meeting, or specific authority in the articles. (b) The company does not commence its business within a year from its incorporation or suspends its business for a whole year. Courtney notes this ground is rarely relied upon since only contributories, the Co itself and creditors may rely on it. c) The number of members is reduced, in the case of a private company, below two, or, in the case of any other company below seven. The most important grounds however, are those of the substantive grounds. Where; (a) The Company is unable to pay its debts. The CA 1990 provides that a company shall be deemed to be unable to pay its debts in certain circumstances: (a. 1) A creditor has not been paid a debt of â‚ ¬1000 or more within three weeks after demand ing it in writing; (a. 2) A judgment is unsatisfied; or (a. 3) It is proved to the satisfaction of the court that the company is unable to pay its debts.Keane comments that in deciding whether it has been proved that the company is unable to pay its debts, the court will generally act on evidence that a creditor has repeatedly applied for a payment without success. If, however, the company can show that there is a bona fide dispute as to the particular debt claimed, the order will not be made. Alison Keirse ‘Winding up petitions – Practical application of the Stonegate test’ observed that the decision in Re Pageboy Couriers Ltd adopted the decision of Stonegate Securities Limited v Gregory establishing this method of defeating a creditor's petition to wind up a company.However, as Courtney notes it is one thing to successfully dispute the bona fides of a debt at the hearing of a petition; even where successful, the company is exposed to a glare of adverse publici ty wherein its solvency is questioned. The first Irish case to consider an application for injunction relief against the advertisement of a petition was Clandown Ltd v Davis. Morris J held that the precise amount of the debt had to be declared before the court could order a winding up. Thus Morris J granted the injunction to restrain the publication of the petition.One result of this decision is to reinforce the principle that the courts will not permit themselves to be used as a method of debt collection. Howard Linnane ‘Oppression of Members: Section 205 Companies Act, 1963’ proffers that under the CA 1963 the court has jurisdiction to order the winding up of a company where it is ‘just and equitable’ to do so. Ussher proffers that in many cases such grounds are invoked where there is a complete deadlock between the shareholders and the company’s activities to the detriment both of the member and the creditors.The leading case is Re Yenidje Tobacco Co, the principle of which was applied in Re Irish Tourist Promotions. Kenny J wound up a company in which the two directors could not meet without the risk of unruly scenes, and the business of the company could not be conducted. In conclusion, while a company’s inability to pay its debts is the most common reason for the winding up of a company, it is not determinative. A court will only wind up a company where it is just an equitable to do so.Ultimately the appropriate remedy to be employed will be dependent upon the extent of difficulty the company finds itself. â€Å"There is of course some comfort for both companies and creditors alike that the Irish statutory framework at least contemplates solutions which draw back from the finality of ultimate dissolution of a company and facilitates interested parties a way forward through these recessionary times perhaps even to the benefit of all parties concerned. â€Å"

What Does It Mean to Be Well-Educated Essay

In the article â€Å"What Does It Mean to Be Well-Educated† Mr. Kohn point out 6 points on being educated. Point 1.The Point of Schooling. (Nel Noddings the professor emerita at Stanford University, urges us to reject â€Å"the deadly notion that the schools’ first priority should be intellectual development† and contends that â€Å"the main aim of education should be to produce competent, caring, loving, and lovable people.†) I like this quote on the purposes of education. I work in a Christian School the maine goal for us as teachers and coaches is to participate in the development of a well-rounded student so they can learn the knowledge and skills they need to be successful in life. The next point that I would like to discuss is the concept of evaluating people as a whole vs. someone’s education. In this point Mr. Kohn talks about the difference in being well educated and the difference from simply being provided with a poor education. Is there a difference? I personally believe there are different types of education and not all people learn the same way. In the city that I live in there are many choices for schools from private to public. In some cases people move multiple times to keep their children in the district with the best schools. You must look at the person and where they came from in some families unfortunately education is not a main concern survival as a whole may be. Therefore we must look at the whole person not just the education someone may have. The next point is the absence of consensus, in this point Mr. Kohn discusses what a high school student should know or be able to do. He goes on to talk about the local and state and national standards. Should they all be the same? I believe it would be hard for every state to have the same standards across the board for education. There are going to be obvious areas where education is valued and areas where simply surviving is important. The district in my area is too large and some of the same standards do not make sense and applied to each town and county. I think that having standards is a good thought but there should be a better way of measuring these standards than simply testing the students sometimes individuals are not very good at test taking. Another important point Kohn discusses is all the definitions used for accommodations and school terms that do not make sense. The concept of seat time, which is the idea of being in a seat for a specific amount of  time dose not mean that you are well-educated. Just by setting in a lecture or listening to a new concept doesn’t always mean that you will retain that information that was being taught. The average person forgets or can’t remember what was said to them 48 hours ago. Another term is the term job skills Kohn states that â€Å"It would be a mistake to reduce schooling to vocational preparation, if only because we can easily imagine graduates who are well-prepared for the workplace (or at least for some workplaces)† In this statement he is telling us that someone with just one skill will be at a disadvantage, throughout life because of the way the world is changing with new technology that is making everything move quicker. The idea of test score is a point that interests me as well, just because you scored well on tests does not necessarily mean that you will be able to retain information from what you read. I think that some people have anxiety when it comes to tests specifically those with time limits and the added pressure of scoring well. In some cases teachers are under so much pressure to teach what will be on the test more then the concepts formulas of the material of the class. They are not always teaching what the proper foundations are of the subject. They are required to have certain scores for their classrooms to be successful. Another interesting point that is made is the Memorization of a bunch o’ facts. Kohn explains, â€Å"Familiarity with a list of words, names, books, and ideas is a uniquely poor way to judge who is well-educated.† Just because you can talk about great authors remember some quotes and tell some theories doesn’t mean you are well informed. Kohn also talks about the hierarchy of the graduation process and who is in charge of deciding who passes and fails because of a standardized test. It seams to be problem in multiple states. To be able to graduate you must fit in the required credits courses requirements. â€Å"This is disturbing not merely because of the inherent limits of the tests, but also because teaching becomes distorted when passing those tests becomes the paramount goal. Students arguably receive an inferior education when pressure is applied to raise their test scores, which means that high school exit exams may actually lower standards.† With this statement you can see that Mr. Kohn feels that’s the test scores are not actually relevant to all. He goes on to tell us more about the â€Å"Pass this standardized test or you don’t graduate,† If we look at most states we see that they are using curriculum standards to help students graduate with  the same standards as others students in other states. Students are learning facts, skills, and sub skills that they are expected to master at the grade level to continue on to the next grade level. The final point Kohn brings about talking about what it takes to be well-educated. Kohn, lists some qualities that are used to help you to succeed. â€Å"Schooling is organized around problems, projects, and questions – as opposed to facts, skills, and disciplines.† If teachers can focus on this and apply this to there classroom then knowledge and learning become exciting for the students. â€Å"Teachers are generalists first and specialists (in a given subject matter) second;† With this statement you can see that if you can apply this to your class room that you can succeed and continue to have a great learning environment. Well-educated people have general knowledge of world needed for making rational decisions in personal and intellectual life and basic skills, which develops the analytical ability to order and adapt to the changing environment. With an open mind, which helps to set up new and different goals in life, and with experiences and the skill to analyze and value the others’ ideas or thoughts. In Proverbs 1:7–9. 7 the fear of the LORD is the beginning of knowledge, but fools despise wisdom and discipline. 8 Listen, my son, to your father’s instruction and do not forsake your mother’s teaching. 9 They will be a garland to grace your head and a chain to adorn your neck. This verse speaks to the lessons you have learned not only from your parents and the Bible but also from your time in school. Learning never ends to be well-educated you need to have the desire to learn and grow as the world continues to change.