Law of corporate governance question ( Criminalising corporate Essay

Law of corporate governance question ( Criminalising corporate governance failures is a step too far. Discuss ) - Essay Example To begin with, it was established in Salomon v. Salomon and Co. Ltd that a registered corporation is a legal person, separate from its members. This principle may be referred to as the veil of the incorporation. Therefore, the law will not evade this rule and go behind the separate personality of the corporation to the members.1 So many reason exist for corporate officials to hind behind the veil2; one which is to commit fraud, another many be to â€Å"confuse and conceal†3 But there are exceptions to the rule in Salomon’s Case where the veil is lifted, or pieced and the law disregards the corporate entity and pays regards instead to the economic realities behind the legal facade, that is, where the facts supersede form. The exceptions should however be classified between those provided by statute and those provided by law4 Why must the courts lift the veil of the corporation? The sole reason is because maintaining it will cause many problems to criminalize corporate go vernance failure. ... e personality to the individual members or ignores the separate personality of each company in favour of the economic entity constituted by a group of associated companies†6 The courts have adopted a more generalized approach based of the interest of justice as being the guiding light. Thus, Lord Denning M. R was prepared to lift the veil in Wallersteiner v. Moir7. Instead of relying in the interest of justice approach, the Court of Appeal in Adams v. Cape Industries plc8 had applied the test as stated by Lord Keith in Woolfson v. Strathclyde Regional Council9 that the veil would only be pieced where special circumstances exist indicating that it is a mare facade concealing the true facts. Therefore, there must be some improprietory before a veil can be lifted10 such as fraudulent trading11 or wrongful trading12. Instead of relying in the interest of justice approach, the Court of Appeal in the Adams case had applied the test as stated by Lord Reid in the Scottish case of Woolf son v. Strathclyde Regional Council above, that the veil would only be pieced where special circumstances exist indicating that there is a mere facade concealing the true facts. The case, like Adams concerned the issue as to whether a group of companies ought to be looked upon as a single company for the purposes of instituting legal proceedings. The court’s position is therefore even becoming clearer. There must and forever be some evidence of imporprietory. On the other hand, where the existence of some improprietory cannot be established, the courts will never lift the veil. Therefore, and in such cases, the company cannot be criminalized. This approach was taken by Toulson J in Yukong Line Ltd v. Rendsburg Investment Corporation13. A similar approach was also taken in the case of Ord v.

The importance of Coaching within Raising Employee Perfomance Research Paper

The importance of Coaching within Raising Employee Perfomance - Research Paper Example When there individuals within an organization that need to enhance their skills for better operations, coaching thus is done on them to improve their delivery potential as well as make those individuals more productive to the organization (Charness, 2014,pg.87). Coaching therefore will target areas such as skills that need to be developed or strengthened; the lapses that exist in work; behavior and performance output of individuals. When these weak areas are recognized within an organization, the employees are taken through coaching by the managers or supervisors depending on the organizations policy (Charness, 2014, pg.35). A case study that reveals the benefits of coaching can be drawn from the UK rail industry where up to 13 coaches were tasked with the responsibility of increasing the skills of customer service for about 350 people in their organization (customer hosts). As a tool to improve employees output, coaching has had other numerous benefits to UK rail industry including: nurturing and improving an individual’s talent; setting expectations about the employee and making the organization managers accountable; engaging leaders in organization activities; professional satisfaction; boost of employee morale; and overall improvement of the organizational goals. This report therefore aims to discuss coaching explaining its purposes; benefits; and challenges. Additionally, the report will give a brief conclusion on the topic of study. Coaching can be defined as process that enables an individual to learn and develop skills from a direction and advice provided by a seasoned expert or professional (Crane, & Patrick, 2014, pg.89). Additionally, coaching can be understood as a process that involves directing, training as well as instructing an individual or a group of persons to develop certain skills necessary to achieve some goal. Directions can be given through motivational talks while trainings offered through seminars and

Gullfaks Oil field Research Paper Example | Topics and Well Written Essays - 5750 words

Gullfaks Oil field - Research Paper Example Oil exploration in the location where Gullfaks main field occupies started after the discovery of Brent Field in 1971. Hence, revealing the prospects of occurrence of Middle Jurassic Brent group sentiments, which are significant and highly rich hydrocarbon reservoirs. The first licensing that saw inception of drilling was in 1978 whereby the first well (34/10-1) managed to go through Jurassic section and encountered approximately 160 m width of oil-filled Brent sandstones region. This comprised of a column, which extends to the basement of Brent Group. Other four wells that followed the initial well were 34/10-3, -4, -5 and -6 whose respective locations are in the western region. The main operator of this field is Statoil, which took over its full operations in 1981 turning it to be the third largest state’s field located in the Northern Sea whose capacity was twice that of Angola (Vassiliou, 2009). Since, then up to date the field stand in the Norwegian history as the first o il reserve developed and managed by one of the state’s corporations successfully. This is to the extent of Norway becoming the third net oil exporter in 2001 whereby its yield reached approximately 223,000 bpd in 2002. The location of main field lies at 34/10 block in the Northern Norwegian Sea, whereby after exploration the main operator (Statoil) spearheaded development of other three key concrete platforms, which are Gullfaks A, Gullfaks B, Gullfaks C respectively (Statoil, 2013). Licensing Authority Statoil acts as the main operator due to its big number of shares though there are other partners whose holdings are as per the table below. Table 1: Gullfaks Licensing authorities Partners Shares % Statoil 51 Petoro 30 OMV 19 Recently, Statoil in quest to advance and increase its yield in platform C has decided to offer a two-year contract to Aibel whose aim is to initiate varied modifications that will guarantee the field’s anticipated production (Stavanger, 2010). Mainly, Aibel will foresee connection of Pandora satellite to Platform C whereby this is one of the first projects the operator intends to undertake besides other varied tasks meant to advance the entire field facilities (Stavanger, 2010). In addition, Statoil in order to be effective and neutralize immense competition globally has recently decided to sell 19% of its holdings to OMV, whereby its operations were to commence in 1st January this year (Oil & Gas Eurasia, 2013). Oil and Gas processing facilities The field comprises of three distinct processing facilities commonly referred as platforms whereby A and C performs are independent of each other besides having three separation stages (Statoil, 2013). Mainly, these platforms include Gullfaks A, Gullfaks B, Gullfaks C whose operations started in 1986, 1988 and 1989 respectively (Statoil,

Web Site Evaluation Paper Essay Example | Topics and Well Written Essays - 750 words

Web Site Evaluation Paper - Essay Example The essay "Web Site Evaluation Paper" discovers the evaluation of Forbes website. The website defines the credentials of the author by showing that he was part of the Great Premium Content Experiment at AOL as a media columnist for the business website Daily Finance. As such, he has authority and credibility to author this web page. Moreover, the introductory materials reveal that the author was motivated to publish this information on the web. In fact, the author claims that he would be bored if things were not different which means he is motivated to publish this information on the web. Ultimately, the website provides the contact information of the author by offering his email address, his twitter account, and his Google account, which means that the audience can respond to his works and interact with him freely. The website’s purpose to inform, explain, or persuade is very clear. The title of the website reflects a clear opinion that the website seeks to pass to the target audience. The title, â€Å"Larry Page: Google Should Be Thinking Bigger with Its R&D† reflects a clear purpose to inform, and persuade the audience. Indeed, the site is explicit, as the title leaves no room for confusion or doubt about the author’s point of view. In fact, the website starts by introducing the author’s points of concern, which are some of the blue-sky products that Google is developing now. The website indicates clearly that the author has an affiliation with a specific organization by asserting that Jeff Bercovici is Forbes. staff. It goes ahead to give the organization’s domain as part of the author’s contact information by giving his email as jbercovici@forbes.com (Bercovici 1). Most of all, the website does not indicate its specific audience since it claims the author covers media, business, entertainment, and technology. We can establish that the topic covered by the website is very clear since it is explicit. However, part of the audience might not know what the initials R&D mean in this context and hence some ambiguity. The website equally uses an easy language to present the relevant information discussing the topic and thus its clarity and effectiveness. Notably, the site exhibits suitable depth and comprehensiveness to fulfill its purpose. To this effect, the website uses relevant information, presents the inner and crucial details of the company in reference, quotes the views of relevant business leaders (Bercovici 1), and integrates all pieces of information to support the author’s view. Indeed, the information presented by the website clearly supports the opinion of the author. It uses historical evidence like when it quotes the example of Google’s massive success in mobile (Bercovici 1). It also quotes the actual words of Google CEO, Larry Page who sought to persuade investors on the viability of the current project. The website clearly states the sources of information and we can indeed ascertain that the information is original. This is because the author uses direct quotes to state what

The Moral Mind Essay Example | Topics and Well Written Essays - 1000 words

The Moral Mind - Essay Example The opponents of this argument Ross and Nisbett reject this ideology and hold the view that human behavior is inconsistent across situations. According to Schwartz, one normally has interest for others and it is ‘opposed to egoism’ (148). Hence, at certain occasions people do act upon the interest of the others. Whereas, Ross and Nisbett understand this social psychology in a different manner as a kind of ‘fascinating things about human behavior’ which can either validate or contradict it (187). They understand that human behavior is mysterious and can act upon the circumstances and situations of particular time. Schwartz’s opinion is well substantiated with many evidences. He argues his point of view in the mental functioning of presumption, assuming to be true. Presumption is the very basis of his explanation of the existence of the concept altruism. A normal person holds an instinct to serve the other without making any preferences. Moreover, an al truist act is little or no at all profit or benefit oriented. To substantiate his argument he explains certain fields of study such as biology, economics and psychology. Whereas, he is totally being criticized by Ross and Nisbett as they stick on to a different and unique point of view. They strongly support their view even by establishing a term of ‘fundamental attribution of error’ and believe that the personality can have a greater influence in deciding on decisions (189). Furthermore, personality and human behavior have tremendous influence in every action performed by him. But the situation and the sudden movements always do not encourage an act of altruism. It is a normal understanding that at a particular situation, a person acts accordingly. This concept is better explained in following verses â€Å"the situationist acknowledges that individuals may exhibit behavioral regularity over time across a run of a substantially similar situation† (Ross& Nisbett 1 99). Therefore, they strongly argue that the behavior is completely unreliable. An unreliable human behavior is subjected to change with the change in situation; whereas, the former concept of altruism is further substantiated on the basis its perfection which only possible through a whitewash over the egoistic motives. Ultimately, Schwartz accepts and understands the challenges associated with it such as ‘individualism, atomism and egoism’ but he is optimistic and says â€Å"altruism becomes not impossible but ubiquitous† (.149). However, overcoming every problem is coupled with clear understanding and rational thinking. The tension prevailing is nothing but a contradict view. On the one side Schwartz argues that humans are robustly and consistently altruistic, describing the tendency or the instinct to serve others; while on the other side Ross and Nisbett contradict this view by substantiating their view of inconsistency across situations. Therefore, solving t his debatable issue is not an easy task. Guided by intelligence or rational thinking one would always adapt a mid-way approach as it is well said that virtue lays in the middle. Before coming to a final decision one should always look at both pros and cons of both points of view. The positive sides of the altruistic attitude are remarkable as humans do such kind of activities in their day-to-day life. Similarly, on the other side, the argument for situational act is not a negligible ideology as many at circumstances some hesitate to perform certain good actions. On

Food security in Ghana Essay Example | Topics and Well Written Essays - 1750 words

Food security in Ghana - Essay Example Government responses to these challenges will also be discussed whereby it will be concluded that a lot of efforts are to be made if food security in Ghana is to be achieved. In general, the purpose of this essay is to discuss global food crises using Ghana as a case study Introduction Food security can be defined as the availability of sustainable food supply accessible to all citizens regardless of their social or economic backgrounds. Unfortunately, it has been observed that a significant number of people worldwide have continued to face food shortages with reports indicating that more than 850 million people are suffering from extreme hunger, which to a greater extent, has been blamed on poverty. It is sad to note that children are the most vulnerable and according to world statistics, more than six million of them are losing their lives every year, translating to approximately 17000 deaths per day (Shaw, 2010). To some extent, food insecurity in the world has been brought about by urbanization whereby people have neglected subsistence farming in rural areas in favor of white collar and technical jobs available in urban areas. It is estimated that 50% of world’s population are currently residing in urban areas, with youths and able bodied men and women leaving the weak and the aged population in the rural areas to participate in food production. This coupled with the rising costs of production especially due to increased fuel prices have contributed significantly in the cost of acquiring food stuff. For example, global wheat prices rose by 56% in September 2010 while the general food price index rose by 17% in the same year (Shaw, 2010). This has forced the management of the Global Food Crisis Response Program to extend its mandate to June 2011, hoping that the situation will have stabilized by then. This essay is a critical evaluation of food security in Ghana. Food Security in Ghana As earlier mentioned, food insecurity is a phenomenon that is cont inuing to pose a challenge for majority of citizens around the world, especially in the underdeveloped as well as the developing countries. A country such as Ghana for example has been facing insufficient food supplies mostly due to the fact that food production is highly based on availability of sufficient rainfall. This has made it a common problem to find that food is produced in large quantities during the rainy season but shortages persist during the dry season especially in the northern part of the country, which suffers drought mostly in the season between the months of February and July (IFAD, n.d). In this context, it has been observed that cultivating grains such as wheat and maize among others, which take a long time to mature, is not viable to the poor farmers and this has necessitated huge importation of grains to sustain their demand. For example, the government imported rice worth $100 million in 2010, with cereal imports supplementing food requirement by 4.7% (Bruce, 2010). However, it has also been observed that communities which are favored with sufficient rainfall to guarantee food production are not assisting much to alleviate the problem. This is due to the fact that the government has failed to invest in storage facilities which, coupled with poverty, force rural farmers to sell their produce immediately after harvesting so as to supplement their financial needs as well as to prevent their food

Homeland Security Management Essay Example | Topics and Well Written Essays - 1500 words

Homeland Security Management - Essay Example It should not be viewed as a linear process. Why Because each phase needs to be reviewed based on variations of evaluation results of all components of risk management on, before, or after the disaster occurs. A disaster will inflict major damages when the member of the community is unaware of its occurrence, and of the things that should be done. Preparedness phase involves rigorous planning. It is where countermeasures are properly designed. It is done by an emergency team usually composed of selected government officials, government agencies, volunteer groups, the representative from medical groups, representatives from the private sectors such as businesses and contractors, or from any interested member of the community. The emergency team is organized during this phase. To come up with good countermeasures, it involves a rigorous process of risk analysis where possible risk or hazards are to be studied. Conducting intensive reviews and revisions of the previous emergency plans, and inventory of resources that are needed to carry out the emergency operation successfully are also done at this phase. The next step is the formulation of well designed operational plans which will be operated during the onset, upon impact, and after the occurrence of the disaster. Conducting public awareness campaign (i.e drills, an introduction of alert systems) so that the people will know how to react promptly and effectively during emergency situations, and pieces of training for organized emergency teams that will respond directly during the emergency. Mitigation phase involves the application of some countermeasures to deflect the possible damages when a disaster occurs. This is usually done by construction of appropriate defense systems to locations where the possibility of the occurrence of a disaster is high. Some examples of mitigation approach are digging big canals and installation of a proper drainage system to places where floods are likely to occur. It also involv es strict implementations of laws and guidelines for acquiring permits to different construction companies to ensure the safety of the structures to be built (i.e checking the level of the structure's resistance to possible disaster). Response phase is the proper application of emergency operational plans designed in preparedness phase and deployment of the resources that suit the need in order to preserve life and property within the community during the impact of the disaster. It involves the provision of relief goods, medical assistance, providing shelter or evacuation sites, conducting search and rescue mission. The Emergency Management team should act responsibly to evaluate the amount of damage, conduct the inventory of resources from time to time, seek out mutual emergency aid when required, and should remain in contact with the victims to attain their needs. A composition of reports of the number of casualties affected, in terms of death, injured, and valid estimates of the actual cost of the damage caused. Recovery is the most crucial part, the bigger the damage, the harder the recovery will be, this is true in developing countries. Reconstruction of damaged structures, construction of new residential sites, repairs of damaged transportation facilities (i.e roads, bridges, railway systems.)