The Basis Of The Contract Between The Company And Its Members Case Study - 2

The Basis Of The Contract Between The Company And Its Members - Case Study Example Enforcement of contract arises when one of the parties commits a breach of terms and conditions of the contract. Section 14 of the Company Act 2006 (CA) makes the articles of association, on registration of the company, to become a contract between the company and members and it has been observed by Stein LJ in Bratton Seymour service Co Ltd v Oxborough1that â€Å"it is a statutory contract of special nature with distinctive features†2 Within the perspective of company law, it is of special nature because the terms of contract can be varied by special resolution and its enforcement by the members is limited to a certain extent and no outsider has any rights. And section 33(1) of the CA provides for a number of ways to be different from a normal contract. The provisions of the constitution of a company bind the company and its members in a manner as if there are covenants on the part of the company and on the part of each of its members to comply with those provisions. This position emerges once the company is registered as set in section 33 (1) of the CA. It, therefore, follows that prov isions in the articles are enforceable by the company against its members, by a member against another member, and by a members against the company limited to their membership rights of attending meetings, voting, eligibility for dividend and to assert the rights to ensure that the company is managed as per the constitution. Usually, there will be a condition in the articles to provide for referring by the company to arbitration disputes between the company and members. A company can enforce compliance of this obligation. This is supported by the decision in Hickman v Kent or Romney Marsh Sheep-Breeders’ Association where the court upheld the relevant clause in the articles for arbitration.

Why followers suport toxic leaders qualitative case study perspective Essay

Why followers suport toxic leaders qualitative case study perspective - Essay Example can this paradoxical scenario, which is has been evident in virtually every society, from the earliest records of history to the present day, be explained (Lipman-Blumen, 2005)? Susceptible followers have followed, preferred or favored, and sometimes helped create an enabling environment for toxic leadership to thrive. Followers have permitted and supported toxic leadership behavior to the point where it seems to be acceptable in both political and business organizations (Reed, 2004). The central question for investigation in this project is what are the reasons followers accept, favor, and help sustain toxic leadership? Researchers recognize that leadership effectiveness is dependent on the role of followers within the organization (McClure, 2009). However, the lack of research work on the role of followers within a company led by a toxic leader presents a significant gap in the literature which the present study aims to address. McClure (2009) acknowledges this concern about the current lack of published research or investigation into the role of followers of toxic leaders. Mccoby (2004), Challeff (1995), and Chai (2010) emphasize that researchers’ failure to investigate the role of followers and identify the motivation for follower actions are among the reasons why failures in leadership and the rise of toxic leadership still persist today. This research will undertake a qualitative methodology using content analysis to gather information as to why followers support toxic leaders. This study will fill the gap in published research on the role of followers in making organizations more effective. It will also help determine why followers support their leader, good or bad. According to Kellerman, (2008) and Lipman-Blumen, (2005), safety, security, group membership, and the unpredictable nature of the world are some of the human conditions that make followers susceptible to toxic leaders. Various followers benefit from toxic leadership behavior and

Music Essay Example | Topics and Well Written Essays - 750 words - 9

Music - Essay Example Rock sales were relatively much higher than those of jazz. The fusion was a combination of funk, rhythm, blues that allowed the formation of a new category of music with an impact on both genres. Born at the time of the hippie movement in the late 60’s to early 70’s it expressed dissatisfaction with current (Allen, 2014). Issues such as the Vietnam War and the civil rights movement and had a wide reach. It was revolutionary and harnessed rock’s electric guitars and drum’s with Miles Davis trumpet. This was the first time jazz musicians used electric music. The impact on both genres of music was huge. Fusion combined the work of jazz greats like Miles and rock greats like The Rolling Stones. In 1968 Miles released jazz fusion first album to criticism from some of his fans. Among the reasons for criticism was that it was not a true form of jazz, it adulterated pure jazz and that money was the motivation. Older jazz generation was against it and music critic Stanley Crouch felt that it threatened jazz. Crouch says that Miles sold out for money to maintain his expensive lifestyle including drug addiction (Davis, 2014). Being a pioneer jazz had a big name in jazz music and all expectations were that he would remain true to jazz as an African-American. Critics saw this as an attempt by Miles to look for popularity at the cost of maintaining a crucial part of the African-American history. Miles had to have an extremely strong will to pursue jazz fusion as the combination of predominantly black jazz and white rock faced heavy criticism. Moreover having been a pioneer black jazz musician his reputation would be soiled as sell out for white money and bigger audiences (Goldsher, 2013). Jazz fusion has all the features of jazz including extreme improvisation and soloists with distinctive voices. Many jazz fusion musicians like Miles Davis had played the traditional jazz before venturing into the electric form. The fusion gave listeners freedom of choice and was

Maintaining Psychological Contract is Crucial During Downturns Essay

Maintaining Psychological Contract is Crucial During Downturns - Essay Example How employee perceive obligation and to what magnitude it is fulfilled constitute the main ingredient of this psychological contract. It can be divided into subdivisions within the literature that further enumerate its framework. The two types includes transactional and relational contract. Relational psychological contract is mainly driven by socio-emotional exchanges between the employee and the organization. It involves long term undefined performance terms and promotes a mutual sense of understanding. It bonds the two parties with the commitment of promoting collective interest over personal gains. (ODonohue et al 2007). On the other hand transactional psychological contract is comprised of monetizable exchanges and are driven by short term personal interest. Both these type of contract terms blend together to provide with the important adhesive that binds the two parties with a concealed force. According to Burr and Thomas there is another form of contract which is emerging unde r the label of â€Å"ideology-infused† contract. It has a more transpersonal perspective not only transactional and relational but also for something for the society. So it demonstrates what is in it for me, us and the society. So far we were explaining psychological contract from one dimension only involving the employee and the organization. But since recent changes in the trend of hiring workers from different agencies has given rise to another form of psychological contract. This contract has two dimensions. In this setup, workers are employee of the agency hence all the essence of psychological contract perfectly applies among the two parties. The other contract is established between the employee and the client organization where he or she works. (Chambel et al 2009). This dual psychological contract is not discussed much in the literature and it is important to highlights its implication in today’s changing trend of contingent employment. Now technically there

The Myth of the Latin Woman - Author Judith Ortiz Cofer Essay

The Myth of the Latin Woman - Author Judith Ortiz Cofer - Essay Example Having the Latin origin, the author had very closely witnessed the hatred her community had been experiencing for the last several decades. Cofer declares her own community as equally responsible of its pathetic condition provided they failed to adopt the norms, mores, values, taboos and traditions prevailing in the mainstream culture. Lastly, she emphasized upon the difficulties of the single mothers during the brought up of her children and is determined to transfer the same filial love to her next generation she was bestowed upon as a child from her loving parents. Cofer’s splendid essay wide opens the cultural values of Latin American families in a very powerful manner, from where the readers can learn a lot about the cultural and social activities of the Hispanic community. It conveys the message of love, sacrifice and courage to the readers. Cofer strives to reveal the Latin parents’ passion during child-rearing. Being the highly dedicated and enthusiastic parents, the Latin individuals take notice of each and every action performed by their children and teach their next generation the religious obligations by taking them to the churches regularly. The readers learn that the Latin families eat, dine, move and enjoy in congregation and pay due attention to the dressing, and mannerism of the young members. Consequently, the Latin children are brought up under extreme care. Similarly, the readers learn about the continuation of the Puerto Rican customs, norms and traditions followed by the Latin mothers while preparing their daug hters for church prayers, parties, functions and ceremonies, which are quite different from the mainstream cultural traits of the USA. The sweet memories of family life, described by the author serve as the fresh, enticing breeze for the readers. The unflinching support rendered by the older ladies to the young girls of their family fill the hearts of the readers with deep

Final reflection Essay Example | Topics and Well Written Essays - 750 words - 1

Final reflection - Essay Example With the help of my tutors I have been able to assess my progress in both learning and writing depending on my improved efficiency in terms of creating texts from what I learn. In the thought of Earl personal assessment helps a student gauge their strengths and weaknesses in their education system (56). My writing process has been significant in my experience and an active learner. My writing has shifted from simple writing to a much complex form of writing based on the complexity of the content. The content in my texts have grown significantly showing that I have been able to be an active writer based on the skills and experience in acquire in class. Apart from the content, the creation of words and texts in my texts can now be related to mature student. My performance in writing has been steady and exceptional since my first inducement in writing. The same sentiments can be shared in my active learning process. Based on attentiveness, the ability to apply skills taught, completing tasks effectively and relating to activities in class to real world experiences. According to Earl, learning is measured by the way in which an individual completes test that involves the application of learned materials (77). My experience in close reading and contextualization has grown significantly since I have acquired more efficient reading and text analysis skills. The ability of a student to read and analyze texts effectively is based on their prowess in their reading skills and comprehension skills which is acquired through active learning. Working with peers in my active learning and writing process has been helpful is sharpening my skills working with my peers has greatly increased my communication skills. My ability of creating studying and professional relationships has also been increased by my involvement in working with my peers. In an argument by Earl, learning systems should have peer based tools to help boost the studying ability of all students though a related a nd appropriate support (87). In my relationship to my class I have learned a lot in the practices and activities the class have been involved in. I have been participating in numerous class activities including groups activities based on tasks provided by instructors. In group tasks I have led different groups towards completion of requirements such as reading and writing assignments, creating projects outlines, completing research projects and engaging in oral contests. Apart from learning from these activities, groups’ activities in class enhanced my relationship in thus class in terms of having the will to learn and being happy in my learning environment. According to Earl, in active learning the type of perception a learner creates in their class /environment is important in their quest for education (123). Additionally, other participations in my class revolved around completing different forms of assignments. For instance, I completed annotated bibliographies, research assignments, oral and practical exams, projects, interviews, text critiques and final exams and continuous assessment tests. These assessment tools increased my level of concentration and participation in class activities. At the beginning of my class, I had poor writing and learning skills. I did not have the ability to create visual creations of what I acquired in class. This was only to change if I had to create an effective relationship with

Thomas Friedman’s book The World Is Flat Essay Example for Free

Thomas Friedman’s book The World Is Flat Essay Thomas Friedman’s book The World Is Flat analyzes the progress of globalization and how it has changed core economic concepts. After traveling to numerous countries, he came up with the conclusion that the world is â€Å"flat,† in the sense that competitive playing fields between industrial and emerging market countries have been leveled. He provides frequent examples of how countries, such as China and India, are becoming part of large global complex supply chains. Freidman assures that change is inevitable and that internet and outsourcing tactics are shrinking the world from â€Å"small to tiny. † Through his use of empirical evidence and first-hand experiences, Friedman is able to provide the reader with a greater insight as to why to world is flat. The increasing power of the internet is a major topic that the author addresses. The internet has broadened its audience so that it is accessible to people of all ages and positions. Communication is contributing to the flattening of the world due to the ability to communicate with virtually anyone within seconds. Friedman visited Iraq and came across an interesting situation that allowed him to further support his point: â€Å"On the screen was a live TV feed that looked to be coming from some kind of overhead camera. It showed some people moving around behind a house. Also on the screen, along the right side, was an active instant-messaging chat room, which seemed to be discussing the scene on the TV†¦he explain that a U.S. Predator drone was flying over an Iraqi village, and feeding real-time intelligence images back to his laptop and this flat screen† (38-39). Technology has expanded dramatically within the last decade, and the author insists that it is going to inflate from here on out, thus continuing to flatten the world. Friedman also confronts the topic of outsourcing. He argues that outsourcing has allowed companies to split service and manufacturing activities into components, with each component performing in efficient, cost-effective ways. His travels allowed him to explore the incredible subject, and what he found truly supports the idea that the world is indeed flattening. Friedman reflects on his stay in Bangalore by saying, â€Å"I hadn’t been with him for more than a few minutes at the Leela Palace hotel before he told me that he could handle my tax returns and any other accounting  needs I had- from Bangalore. No thanks, I demurred, I already have an accountant in Chicago. Jerry just smiled. He was too polite to say it – that he may already by my accountant, or rather my accountant’s accountant, thanks to the explosion in the outsourcing of tax preparation† (11-12). Outsourcing is becoming a significant addition to today’s world, with many different businesses practicing it, such as McDonald’s and JetBlue. Friedman tries to portray to Americans that they need to get accustomed to the fact that we will not be ahead of the rest of the world much longer. He seems ambivalent about the implications of the change, and many passages point towards the idea of a system of global cooperation in which no country is dominant. However, many Americans think we will be dominated by the Indians and Chinese if we don’t get our act together. While talking with Nandan Nilekani, an Indian CEO of Infosys Technologies Limited, about the rising ability of people to collaborate and compete in the global economy, Friedman declares, â€Å"I was excited personally, because what the flattening of the world means is that we are now connecting all the knowledge centers on the planet together into a single global network, which-if politics and terrorism do not get in the way- could usher in an amazing era of prosperity and innovation† (8). Friedman offers his book as a framework on how to deal with the foreseeable changes that are being thrusted upon the world. He says, â€Å"The great challenge for our time will be to absorb these changes in ways that do not overwhelm people but also do not leave them behind. None of this will be easy. But this is our task. It is inevitable and unavoidable† (46-47). In other words, be ready. Overall, Thomas Friedman demystifies the flattening world for readers, and allows them to make sense of the globalization unfolding before their eyes. He discusses how the internet and outsourcing are contributing to the leveling of the playing field, and that change within the next decade is expected. Whether this change will be good or bad, nobody knows, but Friedman insists that the world should be ready and embrace the new era.