The Rise Of The American Revolution - 2123 Words

After helping the colonists defeat the British in the American Revolution, France faced incredible debt. The king looked to an Assembly of Notables for help in repaying this debt, but they refused to aid him. Out of options, the king called the Estates General so that they would levy taxes in France. The Estates General was formed by members from each of the three Estates: the 1st Estate, which was comprised of the clergy; the 2nd Estate, which was comprised of the nobility; and the 3rd Estate, which was representative of everyone else in France. Excited by the prospect of getting involved in government, the 3rd Estate representatives did not just want to levy taxes for the king. The representatives from the 3rd Estate wanted to become a permanent fixture in government, so they broke off from the Estates General and called themselves the National Assembly. The National Assembly took an oath -- the Tennis Court Oath -- to not disband until they had created a constitution for France. T hey established a constitution and the legislative assembly convened, and they were in charge for about a year. However, once the National Convention abolished the monarchy and the King was executed, the government faced being controlled by radicals who would implement a Terror. The Terror officially began when the Convention declared it, but some events leading up to the Terror that could be considered a part of it happened before that declaration. The purging of the Girondins from the NationalShow MoreRelatedThe Rise Of The American Revolution1818 Words   |  8 Pagescolonies experienced a population growth from 250,000 people to 2.5 million people by the beginning of the American Revolution. There were factors to this great population increase. The factors include natural increase because the colonists were living longer and their children were having children, an influx of immigrants from Ireland and Germany, and the increased immigration of African American slaves. 2. The First Great Awakening- In the 1720’s Church membership was declining as more rationalRead MoreThe Rise Of The American Revolution Essay1093 Words   |  5 Pagesover the exact cause of the American Revolution. The cause was certainly from conflict; the real question however is whether or not that conflict came from the social classes within the United States or from the tyranny of Britain. Historians who are more radical tend to believe it came from class conflict, while more conservative historians believe it was rooted in the need for independence from Britain. It is true that England had a role to play in the American Revolution, however the problems betweenRead MoreThe Revolution Of The French Revolution1040 Words   |  5 PagesWhile there were political and social causes of The French Revolution the most important cause was actually economic. A few years before the French’s revolution the French spent approximately 1.3 billion livres, 13 billion dollars, on the American Revolution. This gracious contribution caused trouble at home. The French Revolution was one of the most important events in history. While it changed the social structure in France it also affected many different countries across the world. â€Å"the treeRead Morefactors that contributed to the rise and development of sociology1511 Words   |  7 PagesThis essay serves to outline the factors that contributed to the rise of sociology and the latter`s development. In simply terms, sociology is the scientific study of the society and human behavior. The emergence of sociology traces back to the eighteenth century up to present day. Johnson (1998) suggests that in summary, the rise and development of sociology is based on political, economic, demographic, social and scientific changes. Ritzer (2008) asserts that the immediate cause for the beginningRead MoreThe French Revolution And The American Revolution1294 Words   |  6 Pagesand social causes of the French Revolution the most important cause was actually economic. A few years before the French’s revolution the French spent approximately 13 billion dollars on the American’s Revolution. This gracious contribution caused trouble at home. I will discuss how conflicts around the world affect one another, give a brief history of the French Revolution, and explain how the revolution was fueled by an economic conflict. The French Revolution was arguably one of the most importantRead MoreThe French Revolution : A Stepping Stone Into The Future878 Words   |  4 PagesThe French Revolution: A Stepping-Stone Into the Future The French Revolution of 1789 started simple because a group, the National Assembly of France, acting as representation for the people of France, attempted to help the struggling peasants by limiting of the monarchy’s power. The result was complete chaos: The end of French monarchy, the death of the king and queen, the Reign of Terror and Napoleon Bonaparte’s rise to power (French Revolution). These events all played a role in setting the nationRead MoreWas The American Civil War An Inevitable?1390 Words   |  6 PagesSabrina Scovino Was the American Civil War an inevitable consequence of the American Revolution? The American Revolution marked significant changes in the political, social, and economic status of the Americans. For a long, time the lives of the Americans were darkened by the British colonial rule. The British government passed several intolerable Acts. For instance, the Massachusetts Government Act was a restriction to town meetings. As a result, the American opponents began collective actionsRead MoreThe Rise Of The West1705 Words   |  7 Pagesonline book. The Post-American World Did you realize that there are more than 25 drifts that changed America? In any case, there are three noteworthy movements that affected the world we live in today; the rise of the West, the rise of the United States of America, and the rise of the rest. The rise of the west was from the fifteenth century until the eighteenth century. It comprised of the Christian transformation, scientific revolution , and the industrial revolution. In the Christian ReformationRead MoreThe Mexican Revolution1019 Words   |  5 PagesMexico’s Revolution Ariel Elias HIST 112 Proffesor Cummings 17 February 2013 Ariel Elias Professor Cummings Hist 112 17 February 2013 Mexico’s Revolution Many nations across time and the world have experienced a revolution. From the American revolution to the French revolution, history has proven conflict can engage a nation at any moment. Tanter explains that two possible scenarios, changesRead MoreThe Great Principles Of The American Revolution1689 Words   |  7 Pagescreation of the American nation became what it is today from years of struggle in which the common people, as well as the Founding Fathers, played a vital part for independence. The promise of the Revolution, a nation based on the republican ideals of liberty, independence, and equality, was to some extent achieved. Yet the great principles of the Revolution have long shaped our thoughts of what it means to be an American. All the events leading up and after the American Revolution will have effects

Definition Essay On Love - 1807 Words

Evangelina medina Professor Ehring English 101 October 6,2017 Definition of love Everyone has their own definition about what love means to them. Love is all around us.Too often, love is conceived as doing whatever it takes to get what you want. However, love involves much more than personal satisfaction. The action of giving yourself totally to one person without expecting anything in return, willing to put aside your own needs in order to meet the needs of others. Giving up your weekend trip in order to take care of your sick mother is one example of love. A mother giving up her one piece of bread to feed her little boy is another example of love. Loving someone means you†¦show more content†¦Parents love children no matter how old they become.Because children love their parents, they come to learn love from their experience of loving parents. Without having parents, we never experience love. Love is universal, it connects people to things and even more importantly, people to people. Love may be understood as part of the survival instinct, a function k eeping human beings together against menaces and that aids the continuation of our species, and love is the constant source of happiness.Love is an emotion that a person feels inside his heart. It’s a powerful emotion for which there is no wrong definition for it because it suits every person differently. Webster defines love as â€Å"a strong affection for another arising out of kinship or personal ties (2): attraction based on sexual desires(3):affection based on admiration or common interests†. Even though people define love different it is a feeling that every human has. In dictionaries love is defined as a feeling of warm personal attachment or deep affection but it is more than just a deep connection. It is more than deep connections because there are different types of love that is felt differently and those type of love are categorized into three main categories: love between families, love between friends, and love between god.It is the strength of this feeling that makes love the most powerful emotion that most of us will ever experience. People can do some dreadful things out of hateShow MoreRelatedDefinition Essay on Love1035 Words   |  5 PagesLove by definition is an emotion explored in philosophy, religion, and literature, often as either romantic love, the fraternal love of others, or the love of God based on the definition found in The Encarta Encyclopedia. As I explored the definition by means of the Internet, books, and articles I noticed the definitions changed quite a bit, but yet had the same basic understanding. The definition I found in The Encarta Encyclopedia was probably the most simple and most basic. It refers to loveRead More Definition Essay - The Meaning of Love824 Words   |  4 PagesThe Meaning of Love One can love a sister, a brother, a mother, a father, grandparents, uncles and aunts, cousins and friends, strangers, pets, the sunlight on a warm evening, reflecting through a prism, held by fishing line stuck to a little suction cup to a dusty window. You can love food from cake to roast beef, even those tiny individual candy bars that are never enough but just give you a taste of chocolate before you pop in the second one. One is able to love the feeling of carpet betweenRead MoreWhat Is Love? Definition Essay1113 Words   |  5 PagesFor some people love is a complete devotion and endless adoration, for others is a temporary feeling that will disappear in time. For some people it is a fairy-tale and for others it is a dream come true. Some people say love is once-in-a lifetime thing and others believe that after one love comes another. The more you try to find a universal definition of love – the more you get confused with all these words you get from different people aro und you. The more you think you get closer to the trueRead MoreWhat is the Definition of True Love? Essay1328 Words   |  6 PagesI wanna love you and treat you right; I wanna love you every day and every night: Well be together with a roof right over our heads; Well share the shelter of my single bed; Well share the same room, yeah! - for Jah provide the bread. Is this love - is this love - is this love - Is this love that Im feelin?--- Bob Marley. Bob Marley wrote and sang about love just like hundreds of people before him. His idea of true love was sharing with someone in orderRead More Definition Essay - Can Love be Defined?1019 Words   |  5 PagesCan Love be Defined? The other day I was babysitting my three-year-old niece, a most conniving little angel. As she sat gawking at my girlfriends brother, Matthew, who was eating potato chips, she told me that she loved me so much. She had already devoured her potato chips, but she obviously wanted more. Many more expressions of love proceeded to drip from her lips. Finally, the question came; Reg, can I have some more chips? At first, I thought this little show of bribery was cute andRead MoreLove Has Many Definitions Essay791 Words   |  4 PagesWhat is love? Webster defines love as â€Å"a strong affection for another arising out of kinship or personal ties maternal love for a child (2): attraction based on sexual desire: affection and tenderness felt by lovers (3): affection based on admiration, benevolence, or common interests love for his old schoolmates.† Love comes in many forms. Unconditional love, the love of a mother for her child, romantic love, the love for your partner and passion or lust, a more sexual emotion towards a personRead MoreLa Vita Nuova; Dantes Definition of True Love Essay1315 Words   |  6 PagesLa Vita Nuova; Dante’s Definition of True Love Liberal Studies 323/ALH3 Art, Literature Humanism Samantha Ritchie 07/15/12 1 La Vita Nuova; Dante’s Definition of True Love La Vita Nuova is a collection of poems by Dante about an unconventional love story. Dante expresses his Love for a woman named Beatrice but his definition of love is not of courtly or romantic love. To Dante, the meaning of true love in La Vita Nuova is God. On the surface, the Love Dante feels for Beatrice seemsRead MoreDefinition Essay790 Words   |  4 PagesDEFINITION ESSAY Definition Essay Definition: The aim in this essay is to define, explain, and exemplify something. Generally, in definition essays, we try to make the terms that we use understandable for the reader. Our understanding of a term may be different from the general concept, or we may be focusing on a specific aspect. Giving an exact definition would enable the reader to follow the ideas and arguments in your essay. Organization: Definition of a term is generally given in the introductionRead MoreA Critical and Rhetorical Analysis of William Cronons Only Connect.1712 Words   |  7 Pagesof Cronons Only Connect. While the term liberal education is heard from the most prestigious university to an inner city community college, the phrase itself has a hazy definition at best. While educators across America struggle with the definition of the phrase, William Cronon uses purpose, structure, and appeals in his essay Only Connect: The Goals of Liberal education, to define a liberally educated being and the characteristics that such an education should impart. Cronon capitalizes on inductiveRead MoreAnalysis Of On Self Respect By Joan Didion1660 Words   |  7 Pageschallenges she faced as a freshman in college in the 1950s would still be relevant and problematic for college students almost 70 years later. In Didion’s essay, â€Å"On Self-Respect,† she uses different rhetorical appeals in an attempt to perfectly portray what it means to value, respect and live with one’s self. Consistent with most of her other essays, this essay presents a confusion of the â€Å"American Drea m,† overarching themes of disconnect between individuals and their respective societies, and, most powerfully

Victorianism Versus Modernism - 1869 Words

Matias Gutierrez Mrs. Smith World Literature 21 December 2012 OLD*******8 Victorianism in The Strange Case of Dr. Jekyll and Mr. Hyde and Modernism in The Metamorphosis Victorianism is about how the individual could improve the society. They believed that a good individual could make the society better as a whole and therefore improve life. Victorians focused on science and the desire for extremely realistic portrayal of life in both literature and art. Some aspects of Victorian thinking were retained while others were discarded in a new movement called Modernism. Modernists focus on the individual but have the view that humans are beings without free will and that they do not look for guidance within them, but instead are driven by†¦show more content†¦The Strange Case of Dr. Jekyll and Mr. Hyde showed people that being a good person is the best thing to do for society and for the individual. The reason Jekyll is a good example to show the Victorian qualities of science exploration and the effects the individual has on the world is explained by Masao, â€Å" In this society of respectables Dr. Jekyll stands out as â€Å"the very pink of the proprieties†(Chap. 1). Although his studies, like those of Faust and Frankenstein before him, tend toward â€Å"the mystic and the transcendental† (Ch. 10), he still manages to maintain a considerable scientific reputation. And yet, despite Jekyll’s social role-in fact, because of it-it is Jekyll who brings for Mr. Hyde.† (Masao 470-480) Masao explains why Jekyll underwent his transformation and how science heavily influenced his thinking to try this experiment. Masao also explains that science is possible through the well-mannered people of the time and their questioning of ways to improve society. The Modernism Period was about the individual and that the individual could not really change society. The Mod ernist literary period was marked by the reactions and sentiments towards global change and tragedy. The Modernist movement began around 1890 and lasted to 1945. Now during this time the World Wars wreaked havoc on the most culturally, technological, and industrialized parts of the world; which caused people to want to create

The Freedom of Men in Jean-Jacques Rousseaus Work Essay

Out of the many philosophers of his time, Jean-Jacques Rousseau’s ideas were the most enlightened. His ideas were extremely controversial and he has influenced political and social change for over two hundred years. His ideas were enlightened by thinking ahead of the people of his time by talking about general will, liberty and the corruption of society, and how freedom was essential to being human. We find the Rousseau argued about the freedoms of men quite a bit in his work The Social Contract. He argued that the power of the government should be reconsidered and rethought because any government which does not care about the fundamental rights and equality of any citizen has broken the social contract that is the very heart of†¦show more content†¦Rousseau wanted to figure out a way to preserve order in society but at the same time increase individual liberty but we give credit to Rousseau on being the first Enlightenment thinker to articulate the importance of the basis of rights. Rousseau describes the relationship between man and society in his work The Social Contract where he has an enlightened idea that the state of nature is extremely cruel when it is without law or morality but even amidst all that, there are good men that are in that society’s presence. He claims that when it comes to nature, man always feels the need to compete with other neighbors and fellow men. That in turn causes the joining of fellow men to create something we call a â€Å"society†. In turn, it has set the wheels of the Five Pillars of Western Thought moving in Rousseau’s mind giving his generation something to think about over the next centuries. The five pillars Rousseau so strongly supported were Democracy, Capitalism, Equality, Individualism and Freedom of Religion (Chorlton, â€Å"The Enlightenment† October 1, 2009). These he thought were key essential points in maintaining that well balanced society where equality and liberty rules all and this i dea was very unheard of considering many still believed that the king ruled all and could even take a life as if playing God’s Hand. These statements of his are why the generation of todayShow MoreRelatedJean Jacques Rousseau And Mary Wollstonecraft1201 Words   |  5 Pageseducation. Many of these ideas stem from the revolutionary work of Jean-Jacques Rousseau and Mary Wollstonecraft. This essay will discuss the main ideas from their work and also how it is reflected in other work during the Age of Enlightenment for educationalists such as Johann Pestalozzi and Robert Owen. The final aspect of this essay will discuss how these ideas are reflected in early New Zealand education and the system. Jean-Jacques Rousseau’s ideas about children and education were both admired andRead MoreSimilarities and Differences Between the Origin of Civil Society and Declaration of Independence1445 Words   |  6 PagesComparison: Jean-Jacques Rousseaus The Origin of Civil Society and Jeffersons Declaration of Independence The Origin of Civil Society, by Jean-Jacques Rousseau and the Declaration of Independence are two important historical documents. They have many similarities. They also have many differences. Rousseaus article is an essay. It talks about his version of civilized society. Jeffersons document is a declaration of independence. In it, Jefferson talks about why the colonists are seeking freedomRead MoreJean-Jacques Rousseau1524 Words   |  7 PagesTopic #1 Jean-Jacques Rousseau makes the provocative claim that the transfer of sovereignty involves in the election of representatives signifies a loss of freedom: The instant a people chooses representatives, it is no longer free. (On the Social Contract, p.103) Do you agree with Rousseau? The book On the Social Contract published on 1762 by Jean-Jacques Rousseau is one of his most important works, which points out the basis for a genuine political order and freedom. One of Jean-Jacques RousseauRead MoreRousseau s Influence On Society1443 Words   |  6 Pageson Society Jean-Jacques Rousseau was a philosopher and writer of the 18th century. Rousseau’s political philosophy influenced a lot of people and was well know for his work. His philosophy had a great impact that influenced the French Revolution and develop the modern, political, sociological, and educational thought. Rousseau wanted to influence his political concepts that were important to him and wanted to develop a new way of thought. In his work, Rousseau talks about freedom the most in hisRead MoreKarl Marx View On Capitalism1084 Words   |  5 Pagesengaged in economic politics, sociology, and radical politics. Marx saw the world as two different entities. He saw it as a scuffle between the bourgeoisie and the proletariats. This is what divided the capitalist society. Marx believed everyone works in some shape, form, and fashion. The bourgeoisie were the individuals that held the capital and the proletariats were the wage-laborers. The social aspect would then come in to play. Marx would then try to figure out how the bourgeoise and theRead MoreThe Social Contract Theory Essay1249 Words   |  5 Pagesover the individuals, because men have to forfeit their personal right and freedom to the government, in exchange for protection and security, which I will further elaborate in this paper. In the book Leviathan, Thomas Hobbes was one of the first to discuss the social contract. Hobbes explains that all human beings are born in â€Å"the state of nature†, which means that all men used to live in the primitive state before the advent of society. In the state of nature, men needs two things in their lifeRead More Jean-Louis David and Jean-Jacques Rousseau Essay1376 Words   |  6 PagesJean-Louis David + Jean-Jacques Rousseau Question : In what ways and to what extent is an understanding of historical context important in approaching the works of (a) David and (b) Rousseau? The Lictors Returning to Brutus the Bodies of his Sons, is a painting by the French artist Jean-Louis David in 1789. Having led the fight which overthrew the monarchy and established the Roman Republic. Brutus tragically saw his sons participate in a plot to restore the monarchy. As a judge, he wasRead MoreJohn Locke’s Two Treatises of Government and Jean-Jacques Rousseau’s Social Contract1135 Words   |  5 Pagesdifferent thoughts and views on people and the way they act, and views on the government. Two well-known and most influential thinkers of this time were the English political philosopher John Locke and the French political philosopher Jean-Jacques Rousseau. These two men had laid down some of the intellectual grounds of the modern day government and both had different opinions on what the government’s role in a society. John Locke published his Two Treatises of Government in 1690. In his writingRead MoreJean-Jacques Rousseau and John Locke: Their Relevance for American Society 1811 Words   |  7 PagesIn Second Treatise on Government and The Social Contract, John Locke and Jean-Jacques Rousseau each present and describe their own perceptions of what allows for equality, freedom and democracy. Of the many major ideas developed throughout these texts, the two main distinctions between the two philosophers are natural freedom versus civil freedom and individualism versus collectivism. John Locke, who provided the framework that would allow for liberal democracy, writes that in a state of nature,Read MoreEssay on The Natural Ways of Locke, Hobbes, and Rousseau1207 Words   |  5 Pagesconcept of human nature, but rather a plethora of concepts surrounding the idea. With the rise of capitalism, social structure is reformed; it is during this rise in the early seventeenth and eighteenth century, that John Locke, Thomas Hobbes, and Jean-Jacques Rousseau introduce their varying opinions surrounding man in nature. The western philosophers mainly concern themselves with the concept of the social contract. Rousseau, Hobbes, and Locke begin with the conception of the individual, because in

Law Enforcement Today Free Essays

Enforcement Today Name CJS/200 October 28, 2012 Instructor Name Law Enforcement Today Police departments in today’s society face a variety of issues such as working in a multicultural society, corruption within the department, the dangers involved in their work, such as violence on duty, and their use of force when subduing a suspect, just to name a few. (Schmalleger, 2011). With so many issues to consider, the job of policing our streets continues to become increasing challenging. We will write a custom essay sample on Law Enforcement Today or any similar topic only for you Order Now As society in the United States continues to evolve, this country has become home to people of various ethnic backgrounds and cultures. This creates more issues for police departments when the police department is not diverse enough, and this could lead to racial profiling and language issues. When a police officer is unaware with the dialect or the language of the community, this can make it harder to investigate cases because it makes it tough to find out whether the crime has happen, when it happen and where it happened. If a police officer considers a person’s race to determine if a crime has happened, or more likely to happen, this is what is considered as racial profiling (Schmalleger, 2011). One solution to this problem would be to hire and train more officers that speak more than one language. Along with racial profiling, officers face another issue within their police departments, which is corruption. While most officers take their vow to protect and to serve seriously, and honor the commitment they took, there are others who do not. Some officers fall prey to temptations such as bribery. The lower salary of a police officer is one reason for officers to accept bribes (Schmalleger, 2011).. Some police officers will take money as payment from an offender for making a speeding ticket disappear, or for walking away from a drug transaction in progress. Another form of corruption would be when an officer denies the suspect their constitutional right to due process by planting evidence at a crime scene. Other officers may commit offenses such as drinking while driving, and by using illegal drugs. Their idea that they are above prosecution, because they are a law enforcement officer, is another form of police corruption (Schmalleger, 2011). Corrupt behavior can also lead to violence when something goes wrong. Police officers also face the dangers of violence in the line of duty, as well as the risk of coming into contact with dangerous, or infected evidence (Schmalleger, 2011). For example, when an officer has to respond to a domestic violence incident, there is a real possibility of the perpetrator becoming violent with the officer as well. Officers also need to be cautious of how they handle infected evidence, such as the needles which are used by a known drug user, If a drug suspect has disease such as Aids, an officer can become infected with Aids if he does not handle the needle properly, and inadvertently sticks himself with the needle. They also face the possibility of coming into contact with dangerous evidence, such as explosive devices. Issues such as these make the officer’s job extremely dangerous. Fortunately, local law enforcement officers have the benefit of a close working relationship with state and federal law enforcement agencies to assist their efforts in combatting crime. Law enforcement at every level share information with the United States Department of Homeland Security, to safeguard the land of the United States from criminal activity which may occur domestically or at the hands of another country. These agencies include The United States of Citizenship – The Immigration Services, The United States Border of Protection, The United States Immigration – The Customs Enforcement, The Federal Emergency Management Agency, The United States Secret Service, and The Transportation Security Administration. The United States of Citizenship and the Immigration Services handle the progression of citizenship, residency, and housing for foreigners. The United States of Custom and the Border Protection is a law enforcement method that puts in force United States borders including land, sea or even air. The United States Custom and the Border Protection watches and enforced the customs, agriculture regulations and immigrants. The United States Immigration and the Customs Enforcement were put into 2 areas. One was to have an investigation of international and national crimes which was called Homeland Security Investigation. The other one was to enforce the removals of immigrants that violate, which was called the Enforcement and Removal Operations. The Transportation Security Administration was known for taking care of the air travel security international and domestic. Also they were responsible for the territory and the water transport security (Department of Homeland Security, n. d. ). The United States Coast Guard was the services for safeguarding our natural resources, defending national, and security of maritime. The United States Secret Service is known as an law enforcement that gives safeguard services for vital government officers. The United States Service also protects the United States exchange. Some suggestions on to how to develop the relationship between the DHS the police department is by educating more law enforcement and home land officials about using security and the process about how to use it too. More suggestions will be improving communication by learning different ways to communicate by adding language programs or just hiring a more diverse officer. Another suggestion will be improving is on how well the private security and the law enforcement get along. This matter because this takes an important role in Department of Homeland Security. References Department of Homeland Security. (n. d. ). Homeland Security Information Network – Law Enforcement Mission. Retrieved from http://www. dhs. gov Schmalleger, F. (2011). Criminal justice today: An introductory text for the twenty- first century(11th ed. ). Upper Saddle River, NJ: Pearson Prentice Hall How to cite Law Enforcement Today, Essays

Ultra Vires in 1984 Corporate Veil

Question: Describe about Critically assess the tests that must be met before the corporate veil will be pierced? Answer: There are several occasions when a court has to deal with the issue if a particular corporation can be considered as separate legal entity. This issue generally arises in cases where the claimant wants to recover from a company and it is found that the company does not own any assets of its own and it is a part of it larger group that owns all the assets. It was provided for the first time in Saloman v A Saloman Co Ltd that had incorporated company has to be considered as having a separate legal identity that is different from the directors or the shareholders of the company. Since then, this has remained a basic principle of company law in the UK. The result of this principle is that due to the reason that a corporation is considered as a distinct legal entity, the contract that has been created by the company is generally not enforceable against the controlling parties, like the directors or the shareholders. In the same way, the liability that has been incurred by any of the controlling parties in their individual capacity is not enforceable against the corporation. However, there have been several occasions when the courts have felt the need to penetrate the veil and as a result, have stated that these controlling parties can be considered as liable. According to the general rule, the courts follow the strict legal principle of the separate legal entity of a company that was provided in Salomons case and as a result, the courts consider the corporation as having a distinct identity and therefore, generally the courts are not ready to penetrate the corporate veil. However in the case titled as Caterpillar Financial Services (UK) Limited v Saenz Corp Limited, Mr Karavias, Egerton Corp Others (2012) is an exception to the general rule because in this case, the court decided to use its jurisdiction and pierce the corporate veil. In this case, a successful application was made by Caterpillar regarding summary judgment seeking a declaration that the defendant was using the Corporation as a corporate vehicle. As a result of this, a judgment should be issued that was also enforceable against some of the assets of the company. In this way, this decision shows that although it is very exceptional but in some cases, the courts will be read y to exercise their jurisdiction for the purpose of penetrating the veil. Despite the fact that the historical position has been that the courts have always considered in corporate companies as enjoying a separate legal identity but at the same time, it has also been recognized since along that in case the directors of the company were involved in the fraud, even when the money was borrowed by the corporate identity, the directors of the company can be held liable under the tort of deceit (Cain, 1990). In the same way, it has also been recognized that in case a director of the company is personally involved in converting an estate of the company, for example selling the asset, it can result in the personal liability of the director due to the reason that the director was acting as the agent of the corporation and an agent is considered as personally liable for the conversion (Cooper and Robertson, 1990). It has been mentioned by the courts on several occasions that the discretion to penetrate will not be exercised even if any wrongdoing has been established, if the wrong was not associated with the use of the corporate structure for the purpose of avoiding liability and in the same way, the courts will also not penetrate the corporate veil only due to the reason that justice requires so (Cain, 1985). For example, the above-mentioned principles have been reaffirmed in Adams v Cape Industries (1990). At the same time, there are certain cases where the companies offer group will not be considered as separate entities, even if it is against the general principle. For example, recently in the decision given in Chandler v Cape Plc (2012), where the subsidy company was not in existence anymore and as a result, the duty of care was imposed by the court on the parent company regarding the responsibility to ensure the welfare of the employees who were working for the subsidiary. In this way, although it is not very common for the courts to penetrate the veil, there have been certain attempts by the litigants where the courts have been asked to do so. For example, in a case recently decided by the Court of Appeal, US $225 million were provided by the claimant bank in accordance with the facility agreement. The money was utilized by the Russian borrower which was a corporation, for the purpose of facilitating the acquisition from the first defendant, a company located in British Virgin Isl ands and was controlled from Russia. Subsequently, the borrower made a default in repaying the debt. Claimant did not recover the loan through the security that was provided in this case and it was purported that the deceitful misrepresentation made by the first defendant had persuaded the claimant for the facility agreement and it also alleged that rest of the defendants were also liable jointly. After having the information to serve out of jurisdiction, a worldwide freezing order was granted against the fourth defendant, as it was claimed by the claimant that it controlled the first and the second defendants. At the same time, an application was also made by the claimant to amend the particulars of claim and to incorporate a contractual claim (VTB Capital Plc v Nutritek International Corp., 2012). It was also argued that in this case, the veil should be penetrated by the court and the respondents should be considered jointly and severally liable along with the debtor on the ground that they had control over the actions of the borrower and were using the borrower only as a device to conceal their impropriety. It was decided by the Court of Appeal that it will be against the principal and authority and as a result, it will not be appropriate to pierce the corporate veil for the purpose of giving effect to a contractual claim made by the claimant against those who were claimed to be in control over the defendant corporations, particularly when they were not a part of the above-mentioned contract. In Caterpillar Financial Services v Saenz Corp. Ltd, Caterpillar had advance loans to the 1st and the 2nd defendant corporations. The reason of these loans was to build two yachts. However the 1st and the 2nd defendant had evaded the repayment of loan. The result was that the claimant, Caterpillar Financial Services made the months from the 1st and 2nd defendants and it also dominated the loan contracts. At the same time, demands were also made on each guarantor of the loans, comprising the third to the ninth defendant. In this case, the defendants were connected with the 1st and the 2nd defendant and also with the third defendant who was described as the governing mind of the defendant corporations and was also among the guarantors. In this case, the 4th defendant corporation had provided guarantee and indemnity that was exhibited in favor of the agreement regarding the loans advanced by the claimant. In the same way, the fifth, six as well as the seventh defendant corporations have also provided guarantees or security regarding the loan advanced by the claimant. The 8th and the 9th defendants were the persons who had given guarantees regarding the loan that was given to the second defendant. At the same time, it was alleged that the defendant number 10 to 16 were the alter ego corporate vehicles that were used by the third defendant as it had control over the actions of these companies. Under these circumstances, the claimant was successful in achieving a judgment from the court against a third defendant under the impression that the judgment was enforceable against the property that was stated by the guarantor as belonging to him, before the loan was given by the claimant. On the other hand, it was claimed by the guarantor in these proceedings that the residential property mentioned above was in fact owned by the 14th defendant or the Company and therefore, the fourth defendant does not have any beneficial interest in the property. On the other hand, in an application made by the claimant, it was stated that if these facts would have been mentioned by the fourth defendant earlier, the claimant would not have considered the advancement of these loans without the presence of a sufficient security given by the company as a result of which, the claimant could have pursued against the company and ultimately, it would have enforced a judgment against the security provided by the company in case of a default (Grantham, 2001). Therefore, an application for summary judgment was made by the claimant for declaring that the Company was only a corporate vehicle that was used by the guarantor and therefore the court should penetrate the veil and the judgment should be allowed to be enforced against th e assets that belong to the Company. Relevant Tests For the purpose of penetrating the veil, the relevant tests that were described by the court in this case needs to be discussed. There are certain tests that have to be fulfilled before the court can yes the corporate veil (Hayshem v Shayif Anor., 2008). The Court has applied these tests in VTB Capital Plc v Nutritek International Corp (2012) and also in Caterpillar. These tests can be described in the following words. According to this test, only the ownership and control over the company cannot be considered a sufficient for the court to penetrate the veil. The corporate veil cannot be penetrated by the court in case there is no unrelated third party and only on the grounds that piercing the corporate there is required in the interests of justice. On the other hand, impropriety should also be established by the party who wants the court to pierce the corporate veil but at the same time, impropriety alone is not considered as sufficient for the court to pierce the veil. In this reg ard it is also required to be established that such impropriety is also associated with the concealment or the avoidance of a liability by using the corporate structure (Egert, 1986). For the purpose of penetrating the veil by the court, the intentions of the wrongdoer have to be considered but at the same time, it also needs to be established that the wrongdoer had control over the company and it was being used as a facade for the purpose of concealing the wrongdoings (Gallimore, 1994). While deciding the question if the company was incorporated with the deceptive intention, the court is required to consider if the company was only a facade at the relevant time which is the time of the transactions in question. Similarly the remedy will be provided by the court only regarding the particular wrongdoing and has been committed in a case (Machen, 1910). For the purpose of establishing that the corporate structure was being used as a device for conceiving and impropriety, first of all t he impropriety should be established in the court. Application of the Tests The above-mentioned tests were successfully applied by the court in Caterpillar case. For example, several documents which included the documents that confirm that the bank documents were received by the guarantor on behalf of the Company, established that the actions of the company were being controlled and directed by the guarantor. In this way, the first requirement related control was established. It was also established in this case that the first defendant was living in the residential property mentioned above and the same was also being used by the first defendant as an address for registering and corresponding regarding several other companies. In the same way, the guarantor had also tried to sell the property when the claimant had made an application for a freezing injunction. Therefore the court was of the opinion that although the issues might be right but they do not satisfy the 5th notion. Therefore Eder J said that the court will only pierce the veil so far as is necessary to provide a remedy for the particular wrong which those controlling the company have done. On these grounds, it was decided by the court that in this case, a declaration should be made by the court in favor of the Claimant the corporate veil can be pierced regarding the residential property mentioned in the case and in the same way, the judgment delivered by the court against the guarantor was also enforceable against this property. The most significant factor on the basis of which, Eder J arrived that his conclusion was that according to the evidence presented in this case, it was established that the guarantor was the ultimate owner and had full control over the Company. This conclusion was made on the basis of the papers which comprised a communication that was written by the guarantor before the funds were advanced. In this letter, a net worth statement given by a public accountant mentioned that the assets of the guarantor included a residence in Fulham that was worth 3US$3,500,000. In the same way, in another net worth statement that was also provided by the same accountant after 16 months, it was mentioned that the assets of the guarantor included a residence in Fulham that was worth US$3.2 million. Therefore the court held that the mention of residence in Fulham was related with the residential property regarding which it has been claimed by the guarantor that it was not owned by him during the hearing f or the summary judgment. In view of this documentary evidence, it was stated by the court that the assertions made by the guarantor cannot be considered as credible. In this case, it was also stated by the court that this was an exceptional case in which no contemporaneous documents were present that can support the possessions that were made by the guarantor while the papers that emanated from the guarantor were totally contrary to the assertions made by the guarantor. References Cain T, (1985) Ultra Vires in 1984 1 Qld Institute of Technology Law Journal 31 Cain T, (1990) The Rule in Royal British Bank v Turquand in 1990 2 Bond Law Review 152 Cooper GD and DB Robertson, (1990) Subsidiary Companies Guarantees Their Continued Existence 1 Journal of Banking and Finance Law and Practice 284 Egert G, (1986) The Doctrine of Ultra Vires Recent Developments 2 Queensland University of Technology Law Journal 73 Gallimore J, (1994) The Authority of Companies to Enter into Transactions a New Twist 14 (8) Proctor 10 Grantham R, (1996) Corporate Knowledge: Identification or Attribution? 56 Modern Law Review 732 Grantham R, (1999) Illegal Transactions and the Power of Company Directors 115 Law Quarterly Review 296 Grantham R, (2001) Attributing Responsibility to Corporate Entities: A Doctrinal Approach 19 Company and Securities Law Journal 168 Case Law Adams v Cape Industries plc [1990] Ch 433 Chandler v Cape plc [2012] EWCA Civ 525 Hashem v Shayif Anor [2008] EWHC 2380 VTB Capital plc v Nutritek International Corp [2013] UKSC 5

A Guide for Designers on the Construction

Question: Discuss about the Guide for Designers on the Construction. Answer Construction design and management regulations 2015 The Construction Design and Management 2015, which is also known as CDM 2015, were enacted into place in 6th April 2015 replacing the CDM 2007. The main requirement in this act helps to provide legal requirements for the construction industry concerning the health and safety in the industry. In this view, the act helps to define the different roles of the people in the construction industry in maintaining the health and safety during working environment[1]. The CDM 2015 offers the HSE legal series and guidance on the construction industry and helps to keep the sector accident free. The HSE official has to take care of the initial conditions of the construction status and helps to control the hazards. Several rules do apply on the triangular house due to the advancement of the different hazards, which can be found on such site considering the working height. The regulations also defines requirement to have the perfect personnel for their rights jobs and be able to cooperate and coordinate the work with others. Moreover, the CDM 2015 helps the HSE official to convey the right information concerning the risks and the way to manage them at the site, help to pass the safety and health information to the right people perfectly and on time and be able to consult and engage other workers about the available risks and help to cooperate to come up with solutions on the risks[2]. In this view, the CDM 2015 requires the people to keep the construction industry accident free by maintaining the different aspects and safety issues. Triangular house must have a lift to enhance the movement due to its location that is near the road. The lift requires proper management and check up to ensure that it is secure and safe for use. In addition, it requires one to be able to pass the information concerning the risks available and help to define the solutions well. This legislation requires proper passing of information in order to enhance its effectiveness in the construction industry. The project manager has to design the proper channel for this communication and then pass it to the HSE personnel. The triangular house has several floors and therefore passing of information from one floor to another is difficult. The workers cannot be shouting to one another considering the noise at a working site. The CDM therefore stipulates for the existence of proper channel and method of communication to enhance passing of information. Through the talks, the proper message on CDM 2015 can therefore be passed and solution concerning the risks passed to the people. This will help to minimize some of the risks such as personal injuries, which can be sustained due to lack of concentration while working. In addition, passing the information that each person should be allocated the duties they are qualified on will help to minimize the injuries and risks. In addition, in order to effect this regulation effectively, workshops and trainings to ensure that workers are conversant with the tools and machines will help to attain the goals of this regulation[3]. This will ensure that proper and qualifi ed personals are allow to operate and perform their specific function, in relation with this regulation, the measure will help to reduce the cases of personal injuries and therefore providing a safe working environment. In conclusion, the client, HSE officer and project manager have great say in the health and safety of the triangular house and any other buildings as well. In addition, the regulation can also be effected through holding proper meetings to plan and derive solutions for the available risks and problems[4]. The project manager can arrange to have these meeting and discuss the location of the specific parts such as the lift, which help to solve the problem issues. This will help to reduce risks, which may occur due to knocks by the objects on the air. Fire safety regulation Summary Fire safety is a key element, which need to be considered in any development of a structure. Projects and measures to curb the future incidents of fire are made in advance and taken care of and provision of the key escape route of the people in the triangular house. Considering the amount of millions inserted in the development of structure of the triangular house, the fire safety becomes an important component, which must be addressed. Since the fire can destroy the structure in few hours, the addresses of the fire safety are an economical measure, which defines the incidents of fire, can be addressed to bring on minimal losses when they happen[5]. In this connection, the fire safety regulations are practices, which are brought on board to help reduce the destruction include the provision of escape routes which are enough to ensure proper evacuation. Since these regulations are meant to control both passive and active fire incidents, the provision of guidelines and warning helps to provide the solutions to fire incidents. Ignition prevention for the uncontrolled fire is one of the major design measure which is key in provision of the fire safety[6]. In order to protect the building from such incidents, the building facility is built in accordance with the building codes. Some of these key regulations include the definition of maximum occupancy of the building, maintaining of fire exits points in the triangular house and especially on the ground floor. Correct type of fore fighting machines such as fire extinguishers is essential to ensure that in case of any incident, the firefighting machines can be accessed easily on every floor[7]. In addition, the fire safety arrangement helps in providing the required alerts through the alarm systems. This ensures that people are able to evacuate the affected areas on time and therefore it shows the reason beyond its importance. The fire safety enhances the awareness of the main actions that need to be undertaken each time an incident happens. According to building fire safety regulations 2005, the rules help to reduce the obstruction, which might happen whenever the incident of fire happens[8]. The regulation provides the procedure through which the process has to take place and therefore reducing the casualties, which might happen. In addition, the floor plan must also have enough space, which must allow the movement of the people in the triangular house. The single staircase provided in the triangular house is not sufficient to allow the evacuation in case of internal fire on all the floors and emergency exits are required to ensure proper safety in case of fire. Moreover, the fire safety regulations help to define the type of structures that will be set up according to their use. In conclusion, the triangular house requires proper fire requirement for both external and internal fires. Considering it is a high-rise building, proper fire consideration is required and equipment is placed on order. This provision is provided according to the use of the structure and helps to define the duration, which the structure can withstand during fire incidents. In conclusion, the fire safety requirements have to be met because they are able to maintain the safety of structures and procedure of ensuring that all personnel in the buildings are safe. References Bone, Stephen., Great Britain. 2000. Designing for health and safety in construction: A guide for designers on the Construction (Design and Management) Regulations 1994. Sudbury: HSE Books. Cassidy, Kevin A. 1992. Fire safety and loss prevention. Boston: Butterworth-Heinemann. Construction Industry Training Board (1963-2003). 1995. CDM: The view from here : the Construction (Design and Management) Regulations. London: CITB. Great Britain. 1995. Managing construction for health and safety: Construction (Design and Management) Regulations 1994. Sudbury, Suffolk [England: HSE Books. Hughes, Phil, and Ed Ferrett. 2016. Introduction to health and safety in construction: for the NEBOSH national certificate in construction health and safety. Joyce, Rose. 2001. The construction (design and management) regulations, 1994: Explained. Ludhra, Subash. 2015. Common sense guide to health and safety in construction. Ratay, Robert T. 2012. Temporary structures in construction. New York, N.Y.: McGraw-Hill Education LLC. https://accessengineeringlibrary.com/browse/temporary-structures-in-construction-third-edition Construction Industry Training Board (1963-2003). 1995. CDM: The view from here : the Construction (Design and Management) Regulations. London: CITB. Rose, Joyce. 2001. The construction (design and management) regulations, 1994: Explained. Stephen, Bone., Great Britain. 2000. Designing for health and safety in construction: A guide for designers on the Construction (Design and Management) Regulations 1994. Sudbury: HSE Books. Great Britain. 1995. Managing construction for health and safety: Construction (Design and Management) Regulations 1994. Sudbury, Suffolk [England: HSE Books. Robert, Ratay T. 2012. Temporary structures in construction. New York, N.Y.: McGraw-Hill Education LLC. https://accessengineeringlibrary.com/browse/temporary-structures-in-construction-third-edition. Subash, Ludhra. 2015. Common sense guide to health and safety in construction. Kevin, Cassidy A. 1992. Fire safety and loss prevention. Boston: Butterworth-Heinemann. Phil, Hughes, and Ferrett Ed. 2016. Introduction to health and safety in construction: for the NEBOSH national certificate in construction health and safety.