Tuesday, June 4, 2019
Health Safety And The Environment Engineering Essay
wellness caoutchouc And The Environment Engineering EssayHealth, Safety and Environment is considered as the top precedence among the activities carried step to the fore in an anele gas industry. The rock embrocate industry has commitments to develop and maintain the technologies, standards, best practices and programs which atomic number 18 essential to enhance the belongplace safety. The ultimate goal of the HSE is to increase safety by preventing adventures and injuries.Also, a well HSE dodging in an oil industry leads to debased material losses, range and indirect costs for accidents and reforms productivity . Especi each(prenominal)y for a littler to medium size oil company, the record of consistency in safe operations can be used to attract new business and investment. This makes the representative that safety is good for business.Therefore, Economy of the oil industry largely depends upon HSE. The management and hiatus of organization in an oil and gas compa ny have to a greater extent responsibilities in doing the operations in safe way. The improvements in an oil business could be achieved by reviewing the rules, policies and procedures of HSE. The emphasis should be followed by both peers and management that violations of HSE rules pass on not be tolerated. This report deals with the necessity of HSE for a puny to medium size oil company to achieve safe and profitable business.Shigeo 20122) INTRODUCTIONHSE plays a vital role in an oil companys development. HSE plans, policies, strategies, objectives, procedure, safety management system, writ of execution and observe, Audit and management reviews and benefits of effective HSE system for a small to medium size oil company be discussed in this report.Policy and Strategic ObjectivesOrganisation, Resourcesand DocumentationReviewsLeadership and CommitmentLeadership and commitmentImplementationand MonitoringRisk paygrade and managementPlanningAUDITFig1 shows the process involved in a typical HSE system. preventative HEALTH AND PERSONNEL COMPETENCE and ENVIRONMENTAL character COMMITTEES 1994.3) DISCUSSIONThe duties, responsibilities and process carried erupt in an small to medium size oil company to make development in all levels of HSE ar discussed here.3.1) leading AND COMMITMENTThe senior leaders of the company should involve and observe the activities carried out in the industry and should make changes if impoverishmented.Some of the roles of leaders to maintain a good HSE system are listed below,1) Top to bottom level commitment in all aspects of operations carried out in an oil industry.2) They are responsible to improve their companys HSE performance.3) Keen observation of critical operations and maintaining perfect records for analysing and improving HSE performance.4) They should ensure the workplace safety and profitability of the company.5) Participation in every level of HSE development.6) making Cost-Benefit analysis of HSE.7) Continuous studyi ng and learning from accidents happened to other oil industries and implementing good methods to prevent such accidents in their company.The expected achievement from a leader in HSE is GOAL ZERO No harm to people and the environment. Petroleum DevelopmentOman 2011 p.2 3.1) HSE POLICIES AND STRATEGIC OBJECTIVESThe HSE policy and strategy of an oil company should be framed to exclude injuries and ill-health of employees, contractors, neighbours and public at all times and to minimise the adverse effect of operations on environment.Some of the HSE policies of an oil company are stated below,1) Ensuring HSE considerations are given primary preference than the other business considerations.2) Maintaining a systematic approach to HSE Management to achieve consistency in HSE improvement.3) Performing regular audits and reviews.4) Ensuring form with international standards, relevant legislations and client requirements.5) Making availability of Health, Safety manuals and safe works pro cedures to all employees.6) Designing the workplace and developing the work practices to reduce risks to the effect as low as reasonably practicable.7) Implementing the use of best technologies to reduce the impact of our operations to the environment.8) Ensuring ability of our employees to compete their task and providing regular training and awareness program to manage the HSE risks.9) Developing communication channel to ensure the HSE policies and procedures are understood by all our personnel.10) Making repeated record of inputs, feedback and requirements of employees in all sections of operation.11) Plan for react to and recover from the emergency facts.12) Reporting accidents, near misses and investigating in the way to prevent similar incidents in future.13) Ensuring legal Airport certification.Shigeo 20123.2) ORGANIZATION, RESOURCES AND corroborationThe oil industry should make sure the workforce infallible to do HSE policies and procedures. Tasks of each and every empl oyee are documented and accurately maintained. The daily work of employees are recorded and strictly supervised to prevent the violations of rules and regulations. Senior supervisors should undertake responsibility of maintaining safe working conditions. Some of the organisational resource issues related to HSE are as follows,1) level(p) worksite inspection by senior managers,2) Daily workplace inspection by safety engineers,3) Making availability of well trained supervisors and safety engineers for an emergency situation and for control mode operations.4) Providing guideline, HSE policies and procedures in understandable way to every worker.5) Make sure that all employees are adults and they are physically and mentally fit for their individual operations.6) Providing regular HSE awareness training to all employees of all disciplines to make them familiar to handle the risk situations and to prevent the similar faults.The small and medium size oil industry should maintain the con tract details with the large size oil industry by proper documentation. They should compare their level and standard of HSE practices with the activities carried out in a large size oil company through benchmarking. The supervisors and managers should adopt continuous learning to enhance the quality and performance of HSE.Employees should be provided with safety and bulwark equipments like heavy impact safety helmets, safety eye goggles, boots, gloves, coveralls and other safety tools to minimise injuries. Safety boards, signals, alarms, traffic and pedestrian signs should be installed in the workplace. These instruments are inspected frequently and documented to enhance the safe working environment.3.3) stake EVALUATION AND MANAGEMENTIt is impossible to completely eliminate all the risk in an oil industry. But, it could be reduced or prevented before occurring through an effective safety risk management system.Safety management system (SMS) is the crucial part in an oil and gas i ndustry. Safety risk management techniques consists of Hazard identification, Risk opinion, Risk easing and tracking.i) HAZARD IDENTIFICATIONHazard Identification is the initial ill-treat carried out in Safety Management System (SMS). This method is used to identify the hazards that the organization faces in its working environment. Hazard could be a kick upstairs explosion, blow out, chemical hazard, ill-health, transportation, environmental hazard, etc.The safety management system should undergo a detailed analysis of all operations. Then documents should be wide-awake based on what could go wrong in an operation. The hazard is a potential or existing dangerous condition that could result in an accident or incident.In a safety management system, all hazards in operations are identified and documented to analyse and implement the necessary techniques required to eliminate or reduce the risk associated with the hazard.ii) RISK ASSESSMENTRisk assessment is the technique of analy sing the identified hazards to know the consequence of each hazard. The risk assessment considers both the severity of each hazards and the probability of its occurrence.The risk assessment may show that certain hazards have acceptable level of consequence, while other risks need definite mitigation. Proper risk assessment in an oil industry can reduce the number of accidents and can almost prevent them before occurrence.iii) RISK MITIGATION AND TRACKING If the root cause of hazard is identified, then the proper mitigation process can be made. The risk mitigation can reduce or eliminate the hazards likelihood of occurrence or it can manage the risk by reducing the severity of its effects. The systematic and logical approach should be in place to counteract any risk for maintaining safe operation. The whole mitigation process should be monitored and tracked to conform that all control objectives are working properly. Bayuk CauseConsequenceshallow gaswell kickLoss CirculationGas cut mudInflux of Hydro- carbonBlow outInjury to personnelDamage to safety critical systemEnvironmental damageH2S releaseHydrocarbon flow from pressurised formationmeasure/ Control BarriersMitigation Barriers point / HazardFig2 Risk diagram shows the causes and consequences of influx of hydrocarbon during drilling. Brian 2012 To mitigate the hazards during drilling and to control the well, the operator should identify the exact causes and should respond appropriately if influx occurs.3.4) PLANNINGHSE plans of a small to medium size oil company are prepared in the way to enhance and guarantee the safe working conditions and healthy working environment. Some effective HSE plans includes,1) HSE policies, procedures, strategies and objectives, target and responsibilities.2) Cost Estimation for implementing HSE practices.3) Leadership and commitment, regular inspection, supervision and risk management.4) Hazard identification, risk assessment, risk mitigation and tracking.5) HSE policies, pl ans implementation, monitoring and documentation.6) Reporting and recording accidents and near misses.7) Availability of safety equipments like Fire prevention and fighting devices, first aid medical facilities.8) Environment defilement control, sanitation, waste management and reducing the usage of natural resources.9) Employees selection, proper communication and training, work inspection, monitoring.10) special training for emergency response for both employees and control room operators.11) Identifying employees fitness both physically and mentally for their tasks and making regular health check up and collecting feedback.Priority in HSE PracticesMost Effective refuseEliminate the hazardUse process or method with low risk impactSUBSTITUTESegregate the hazardous productsISOLATE / SEPARATEEngineered SafeguardsPrevention Design to prevent an unwanted eventRecovery Design to mitigate harmful consequencesENGINEERORGANISATIONPROCEDUREOperating Procedures, Work instruction, Permits, Ma intenance, Emergency solutionTraining, competency, communicationPPEPersonal Productive Equipment to wear in working environment.Least EffectiveFig3 shows the priority in HSE operations which are carried out in oil industry. Petroleum Development Oman 2011 3.5) IMPLEMENTATION AND MONITORINGEffective implementation of HSE plans will lead to the safe and successful business and give uplifted secure conditions to the employees. The effective and dedicated team of supervisors, safety manager should be active every time to ensure that all HSE policies are followed without violations.The PDSA, PDCA calendar method and prison-breaking analysis are necessary to compare the existing HSE standards with the large scale oil industrys standards. This will achieve quality in HSE performance (QHSE).Proper monitoring should be carried out to avoid the ignorance and violations of the HSE rules to made the job done.PDSA cyclehttp//www.scotland.gov.uk/Resource/Img/209291/0061564.gifFig4 Shows the PDSA cycle. THE SCOTTISH GOVERNMENT HEALTH DELIVERY DIRECTORATE 2008PDCA cycleISO PDCA CycleFig5 Shows the PDCA cycle. OSAKA CITY WATERWORKS BUREAUThe workers should give correct statement about the accidents and near-misses to implement necessary practices to prevent such incidents in future. Implementation of regular survey of the following aspects are very necessary,1) Health and Safety Protection equipments, Shift phase, to workers Physical and Mental health, work hours and Sleep patterns, Alertness, Emergency response, work adaptation and satisfaction.2) Safety in Operations Drilling, Well completion, Installation, Production, Processing, Aircraft operation and control, Transportation.3) Environmental Hygiene Pollution payable to accidents, Oil spill, Corrosion in pipelines, Offshore naval health issues, reduced natural resource usage, waste management, sanitation, Promotion of renewable energy, hazardous product management, reduction of toxic gas emission.Mearns et al. 19 973.6) AUDIT AND MANAGEMENT polishi) Auditing is the major process carried out in the business to determine whether or not the HSE management processes are implemented and functioning effectively.ii) Auditing determines the compliance of companys HSE policies with relevant legislative requirementsiii) It identifies the areas which need improvements to develop a powerful HSE management.iv) The specific areas that should be audited regularly are, a) Organisation, resources and documentation, b) Safety management system, c) Plans, policies and procedures, d) Implementation and monitoring.v) Audits may involve following methods, a) use of questionnaires, b) direct measurement and observations, c) Interviews and d) checklists.vi) Auditing process should compare the results of previous audits and are recorded properly.vii) The senior level management should review their HSE policies and management approach to maintain the continuity of suitability and effectiveness of the safety manageme nt system.SAFETY HEALTH AND PERSONNEL COMPETENCE and ENVIRONMENTAL QUALITY COMMITTEES 1994.4) BENEFITS OF HSEUndoubtedly, HSE is the primary goal of an oil company. Some of the benefits of HSE in a small to medium size oil company are stated below,1) It will develop the business by new business tie-ups and new investments.2) Logical priority to safety lead to the mitigation and prevention of risks before it occurs.3) Hazard reporting ensures the effective scheduling and maintenance of the resources for the safety actions.4) Effective safety management system avoids the cost for accident investigation and it leads to an uninterrupted operation.5) It enhances the productivity through continuous operation.6) Effective HSE management system and proper communication between management and rest of the organisation will lead to the prevention of accident from ever occurring.7) In terms of cost Effective HSE practices will reduce the cost of accidents like locating costs, fines, damage cla ims, redress claims by injured workers, Potential economic effects due to aviation mishap.This will lead to the business enlargement and enhances productivity and chip over. Therefore, the ultimate aim of a business is to achieve targeted profit. In oil business, the profit can be achieved only due to an efficient HSE system.Bayuk5) ILLUSTRATIONThe piper alpha accident in 1988 and Texas city refinery accident in 2005 are the catastrophic accidents which ruined many lives and polluted the environment. These accidents caused the loss of oil production and insurance payout and fine of several billions of USD.The small to medium sized oil companies should study these types of accidents and remedial actions. The large sized could survive the puckish loss of money due to accident. But, the small to medium sized oil company couldnt overcome such losses due to catastrophe.6) CONCLUSIONA small to medium size oil industry has key business plans towards the future. Their aim is to give the best safe performance in every department like drilling, completion, production, refining, transportation. Every small or medium size oil company is very enthusiastic and eager to become as a large scale oil industry by enlarging their business. They want to participate in national and international business by increasing their annual productivity and turn over.In order to achieve these, their HSE practices should be in high standard. Because, a single catastrophic accident may reduce credibility of the company and it will reflect as a severe loss in business. So, in a medium or small sized oil company, workplace safety should be at the forefront of its activities.7) denotation1) KATHARINE, R.P., 1993. Human Factors, Shift Work, And Alertness In The Offshore Oil Industry. Oxford, OX Health and Safety Executive.2) MEARNS, K. et al., 1997. Human And Organisational Factors In Offshore Safety. Norwich, NR Health and Safety Executive.3) SAFETY HEALTH AND PERSONNEL COMPETENCE. and ENVIR ONMENTAL QUALITY COMMITTEES., 1994. Guidelines For The Development And Application Of Health, Safety And Environmental Management Systems. Oxford. online. Report No. 6.36/210, pp 2-26. Available from http//www.ogp.org.uk/pubs/210.pdf Accessed 31 October 2012 .4) BAYUK, A.J., System Safety And The Benefits Of Safety Management Systems. Unpublished. online. pp 3-6. Available from http//www.asse.org/education/businessofsafety/docs/AJBayukPaper.pdf Accessed 17 November 2012 .5) BRIAN, G., 2012. Closed-loop Circulating System Enhances Well Control. Offshore Magazine, 2012. online. Available from http//www.offshore-mag.com/articles/print/volume-72/issue-4/drilling-and-completion/closed-loop-circulating-system-enhances-well-control.html Accessed 8 November 2012 .6) PAAL, K., 2011. Schlumberger HSE Policy Statement. online. Schlumberger. Available from http//www.slb.com/hse/hse_policy.aspx Accessed 8 November 2012 .7) SHIGEO, H., 2012. Health, Safety and Environmental Policy Of JX Nippo n Oil Gas Exploration Corporation. JX Nippon Oil Gas Exploration Corporation. online. Available from http//www.nex.jx-group.co.jp/english/environment/hse.html Accessed 8 November 2012 .8) PETROLEUM festering OMAN, 2011. HSE Management System- Making Goal Zero Happen. Petroleum Development Oman. online. pp 2,13. Available from http//www.pdo.co.om/hseforcontractors/blocks/documentation/docs/HSE_Management_Pocket%20Book_Final.pdf Accessed 22 November 2012 .9) OSAKA CITY WATERWORKS BUREAU, About ISO Management Systems. Osaka City waterworks Bureau. online. Available from http//www.city.osaka.lg.jp/contents/wdu030/english/quality/check/iso2.html Accessed 27 November 2012 10) THE SCOTTISH GOVERNMENT HEALTH DELIVERY DIRECTORATE, 2008. The Model For Improvement. The Scottish Government Health lecture Directorate. online. Available from http//www.scotland.gov.uk/Publications/2008/01/14161901/3 Accessed 27 November 2012 .8) BIBLIOGRAPHY1) API, 2011. Environment, Health Safety. American Petroleum Institute. online. Available from http//www.api.org/environment-health-and-safety/health-safety.aspx Accessed 8 November 2012 2) HSE, 2012. Current Priorities. Health and Safety Executive. online. Available from http//www.hse.gov.uk/offshore/priorities.htm Accessed 28 November 2012 3) PETER, W., ed., 2005. Health and safety risk management. revised ed. Leicestershire IOSH.
Monday, June 3, 2019
Company Law and the Corporate Veil
Comp whatever Law and the Corporate VeilIntroductionAs the day caller-out is formed, it back end be said that the community is integrate. As the attach to uniqueness is that it provides for effective separation of resources and managements of its resources and it is further compounded on the fact that the owner of the capital tramp limit his or her liability to the third parties. Therefore the caller-up is recognized as a separate entity and it is treated in its own capacity. In nowadays occupation companies, it can be seen that companies commit both advantages and disadvantages in measuring the limited liability of the shareholders on the basis that the union is liable for its debts and obligations. Therefore, double-edged sword is created which means it has both smashing and bad elements.In this assignment, details about the doctrine of separate legal entity will be analyzed. Also statements of features of social club as separate legal entity and compvirtuosont the h ide out of incorporation will be move will be analyzed with reference to some cases.Doctrine of separate legal entityIn high society law of Malaysia, a company is treated as a separate legal entity from its members constituted in it which is its shareholders and directors. This is the doctrine of separate legal principle.The company is a different separate body from its member. Thus, the members of the company are non liable for the company debts. For instance, when a company turn into a contract, the company itself will soulally liable for the contract rather than the shareholders and the directors. Therefore, a company is a corporate body. A corporation is an artificial legal person that exists independently of the individuals who at any given time are the members of the corporate body. This principle was established by the House of Lords in Salomon v Salomon Co Ltd1.The rule of AgencyAn agency is a relationship where one person consents or is deemed to have consented that t he early(a) person should act on its behalf so as to affect its relations with third parties.Features of consort Legal EntityAt the time the company is incorporated, it is a separate legal person, it brings forth some effect which can be the features of it. Under divide 16(5) of the Companies trifle 1965 states that, once a company had been incorporated, the company had all the ability as an incorporated company. For instances, it is means that the company can enjoys its remunerate and function as a legal person. Company that incorporated is a legal personality that is created and recognized by the law as stated by Salleh Abbas F.J in Tan Lai v Mohamed bin Mahmud.When a company register under Companies Act, it becomes vested with corporate personality which is an independent legal person and separate from its members. For instance, the company is a legal person. In Salomon v. Salomon Co. Ltd. (1987)2, unsecured creditors phone called that the company never had an existence of independent although it was incorporated. They claimed that it was Salomon himself trading under another name, but the House of Lords held Salomon Co. Ltd. must be regarded as an independent person from Salomon. This is be clear of the fact that the company was not role as an agent for the member. Thus, Salomon and the others are mere subscribers of the company although he owned all the issued shares. Hence, Salomon could follow out its rights against the company as a secured creditor.Furthermore, the company to a fault has the ability to sue and be sued in its own name. Therefore, a company can make legal action to enforce its right. It was established in the case Foss v Harbottle3 where action brought by the members of the company made an injury complain towards the company and it was fail. Therefore the member could not fix action on behalf of the company.Besides, a company has perpetual succession which means members may join and kick in, but the company will continue go on . When a company become incorporation, it will continue operate until it is dissolved according to the Companies Act 1965. Under the case of Re Noel Tedman Holdings Pty Ltd4, the judiciary allowed the representative personal of the decedent to appoint the directors of the company so that the directors could allow the transfer of the shares to child. This proves that although the shareholders had leave but the company is still exiting and continue go on.Other than that, a company also has ability to own property on its own name. According to section 16(5) a company has power given to own personal land and other types of property. While company is separate legal person from its member, the member has no legal right and interest with the property and it is expires to company. In case Macaura v Union federal agency Co. Ltd5, Macaura owned a tree plantation which was covered by an insurance policy. Later he sold the plantation to a company which he was the only shareholder. After th e sale, Macaura continued to insure the plantation in his own name. A fire broke out and the plantation was destroyed. Macaura then attempted to claim on the insurance policy but the insurance company refused to pay. The issue was whether Macaura had an insurable interest at the time of the freeing. It was help that the insurance company was right in not paying. The plantation company was a legal entity in its own right, separate from its shareholders.Other than that, in a corporate body, the shareholders of the company can enjoy limited liability. While a company is a separate legal entity, the shareholders are not liable for the debts and the liability is limited by shares. Therefore, creditors have no rights to take any legal action against the shareholders. In case Ye Yut Een 19786, the director of the company is not liable for the companys debt. It is the company who had not complied with the procedures related to the retrenchment benefits.Lifting The Veil of IncorporationAlth ough the company has privilege as separate legal entity, it must not be used for any criminal or illegal business purposes, in case a fraudulent or dishonest use is made of the legal entity, the concerned individuals will not be allowed to take the shelter of the corporate personality. The cost will disregard the corporate embryonic membrane to see the real persons behind it. Generally, the law will not go behind this veil of incorporation to look at the membership of the company. But the tourist courts will lift the corporate veil in some special cases.Salomon v Salomon Co Ltd case have decided that the members of the company are not liable for any contract that contracted by the company. This will cause they may have a chance hiding behind the veil to defraud the creditors and other parties that contracted with the company.The court will pierce the corporate veil by applying the principle known as piercing the corporate veil. When there is no entity separate from members, th e court will pierce the corporate veil and take action. After that the court will make the company and its members liable for any breach of contract.The veil of incorporation can be lifted in according to situation provided under statutory provision and by judicial interpretation under the vernacular law. For instance, section 36, Companies Act 1965 states that if the number of members of a company is reduced to below two and its carries on business more than six months, the person who is a member of the company during the time that is so carries on business after those six months, and is aware of it, the person is personally liable for all the debts that the company contracted after those six month and he may be sued therefor.According to the section 304(2), Companies Act 1965, together with the section 303(3), provide that an officers who knowingly contract a debts on behalf of the company. It means borrow money and knowing that that the company is most likely unable to pay the d ebt is guilty of an offence and on conviction be made personally liable to pay that debt.Under section 304(1), Companies Act 1965 provides that when a companys intention is to purposely defraud its creditors, the veil of incorporation is lifted. In the course of the winding up of a company or in any proceedings against a company it appears to the court when hearing the application of the liquidator or any creditor or contributory of the company that any business of the company has been carried on with intent to defraud creditors of the company or creditors of any other person or for any fraudulent purpose, the court may hold any persons who were knowingly parties to the fraud personally responsible for all or any of the debts or other liabilities of the company as the court directs.Under section 365(2), Companies Act 1965 provides that any payment of dividend not from profit is prohibited. Any payment made of dividends to shareholders is personally liable by the director towards the creditors of the company when there are no profits available.There are also situations where the court thinks it is appropriate and it will lift the veil of incorporation at common law. The situation whereby the veil of incorporation is lifted where the company is acting as agent or partner of the controlling or nurture company. Group of the companies the problems can be complex. Subsidiary own and fund money of a business has been held to do so as agent for the holding and parent company. So, holding and parent company actually operating business. This is applied in case Smith, Stone and Knight Ltd v Birmingham Corporation (1939)7.Besides, the veil of incorporation will be lifted when there is a group of companies, including holding and subsidiary company, the court can lift the veil and treat a company and its subsidiary as one economic unit. In case DHN food Distributors Ltd v Tower Hamlets London Borough Concil8, subsidiary company owns a piece of land while the DHN which is p arent company operated the business on the land. The local authority purchases the said land. The DHN claimed compensation for disruption. The local authority refused to pay the compensation on the grounds that the land did not belong to DHN. The court lifted the veil of establish that DHN is connected with the subsidiary company as treated as one economic unit, they did suffer a loss as a result of acquisition from the local authority and allowed to claim the compensation.At last, lifting the corporate veil can also assist in the measure of fraud. In case Aspatra Sdn Bhd Ors v Bumiputra coast Malaysia Berhad (BBMB)9, Lorrain Osman, one of the director of Aspatra Sdn Bhd, was once a director of Bumiputra Bank Malaysia Berhad, must account for the secret profit he made in breach the fiduciary duty. To avoid detection Lorrain Osman had channeled the monies which is the secret profit he make into several companies that he controlled, one is the Aspatra Sdn Bhd. BBMB feared that the m oney Lorrain Osman took would leave Malaysia and applied for an injunction. The veil lifted to reveal that the assets of Aspatra Sdn Bhd belong to the Lorrain Osman and the injunction was accepted.ConclusionIn conclusion, it clearly stated that the doctrine of separate legal entity have created double-edged swords to the shareholders of the company. Although it brings many features to the shareholders but it also have drawback towards the company itself and creditors in some situation. Hence, there will be some defects of incorporation. However, lifting the veil of incorporation by the court will reduce the defects of incorporation.1 SALOMON v SALOMON CO LTD 1897 A.C. 22, House of Lords2 SALOMON v SALOMON CO LTD 1897 A.C. 22, House of Lords3 Foss v Harbottle(1843) 67 ER 1894 Re Noel Tedman Holdings Pty Ltd. (1967) QdR 5615 Macaura v Northern Assurance Co Ltd1925 AC 6196 Yee Yut Ee(978)2 MLJ 1427 Smith, Stone Knight Ltd v Birmingham Corp1939 4 All ER 1168 DHN Food Distributors Ltd v Tower Hamlets London Borough Council1976 1 WLR 8529 Aspatra Sdn Bhd v Bank Bumiputra Malaysia Bhd (1988) 1 MLJ 97
Sunday, June 2, 2019
Gawains Encounter with the Green Knight in the Green Chapel Essay
Gawains Encounter with the Green Knight in the Green Chapel Even though little is known about the agent of Sir Gawain and the Green Knight, it is considered to be one of the greatest romances of all time. The numbers tells the story of one of Arthurs noblest and most courageous knights, Sir Gawain, who is in search of the Green Chapel Sir Gawain ingeniously combines two plots, common in folklore and romance, although not found together elsewhere the beheading contest, in which two parties agree to an exchange of blows with a sword or an ax, and the temptation, an attempted seduction of the hero by a lady (Norton 200). The poem Sir Gawain and the Green Knight deals with important themes and ideas such(prenominal) as nobleness, chivalry, knighthood, Christian ideals, truth, temptation, and hunting among others. The poem is also a study of how successfully Gawain, as a man wholly dedicated to Christian ideals, maintains those ideals when he is subjected to unusual pressures (Norton 20 0). The poet effectively uses literary devices such as alliteration, rhyme, irony, metaphor, symbolism, and imagery to reinforce his ideas and themes.This passage of Sir Gawain and the Green Knight deals with Gawains encounter with the Green Knight in the Green Chapel. The guide describes the Green Knight as a big, cruel, scary monster. He tells Gawain that because of his cruelty, no one wants to get in the vicinity of the Green Knight. He warns Gawain to not risk his life by passage to the Green Chapel, and promises him that he will conceal everything. However, Gawain must face the Green Knight and face the hit, because he is noble, worthy, and courageous. He is not a coward. He says to the guide, precisely though you never told the tale, if I turned back... ...reen belt has magical protection and can save his life. Gawains failure shows that he too is human and has faults.Works CitedAbrams, M. H. et al. The Norton Anthology of English Literature. Vol. 1. Sixth Edition. New Yor k W.W. Norton, & Co. 1993. 200-254.Bobr, Janet. Origin. 1998. December 2, 1998.Online. Internet. Available http csis.pace.edu/grendel/prjs2f/gawain2.htmFinker, Leonid. Sir Gawain the Noble Knight. 1996. December 2, 1998. Online. Internet. Available http csis.pace.edu/grendel/proj2a/sirgaw.htmlHannabery, Brian. Sir Gawain and the Green Knight--The introduction. 1998. December 2, 1998. Online. Internet. Available http csis.pace.edu/grendel/prjs3b/intro.htmSera, Joe. Sir Gawain and the Green Knight--Close Reading of Lines 130-202. 1997. December 2, 1998. Online. Internet. Available httpcsis.pace.edu/grendel/projs3f/proj2.html
Saturday, June 1, 2019
The Watergate Scandal Essay -- Papers History USA Government Corrupt E
The Watergate ScandalThe mistrust most Americans feel toward the authorities officials and governmental parities of today can be traced back to the Watergate scandal of 1972, which led to the long-suffering of an American president. The crimes of the Watergate scandal included political burglary, bribery, extortion, wiretapping (phone tapping), conspiracy, obstruction of justice, destruction of evidence, tax fraud, immoral use of the Central Intelligence Agency (CIA) and the Federal Bureau of Investigations (FBI), illegal campaign contributions, and use of taxpayers money for private purposes.On June 17, 1972, five men were arrested at 230 a.m. They were caught trying to bug the offices of the Democratic National citizens committee at the Watergate hotel and office complex in Washington D.C. When the police caught the men, they were in the office of Larry OBrien. He was chairman of the Democratic National Committee, whose job was to aid political candidates in the Democratic party get elected. In 1972, OBriens main priority was to sponsor the Democratic candidate for president, Senator George McGovern. The five men, who were arrested, were identified the next morning by two lawyers as, James W. McCord, Jr., Bernard L. Barker, Frank A. Sturgis, Virgilro R. Gonzalez, and Eugenio R. Martinez. Reporters and politicians were interested in this case because they found out that McCord was a former member of the CIA. Its agents are not permitted to spy on Americans. Not only was he a former member of the CIA, but now he worked for the Committee for the Re-election of the president, or CRP. This Republican group was formed to help President Richard M. Nixon win a second term in office. Referring to G. Gordon Liddy, John M... ...atI shall resign presidency effective at noon tomorrow. (What Was Watergate? by Pamela Kilian )Gerald hybridization was sworn in as president of the United States the next day.Watergate was not just a third-rate burglary, as Ni xon called it. It was much more. It led to many atrocious crimes. It contributed many words and phrases to our present-day vocabulary. Because of this scandal, the suffix -gate will now be acquainted with every Washington mishap. Because of this scandal people look at government officials differently today than they did before 1970.BibliographyWhat Was Watergate by Pamela KilianInternethttp//www.chron.com/content/interactive/special/watergate/chronology.htmlhttp//www.chron,com/cgi-bin/auth/story/c...t/chronicle/editorial/97/06/20/edit2.htmlhttp//www.netspace.net.au/malcolm/wgate/intro.htm
Friday, May 31, 2019
Consilience, by Wilson, Life is a Miracle by Berry and Zen and the Art of Motorcycle Maintenance by Pirsig :: Philosophy Term Research Papers
The Philosophy of Science in Consilience, by E. O. Wilson, deportment is a Miracle by Wendell pick and window glass and the Art of motorbike Maintenance by Robert PirsigIntroductionThe plot where the fields of science, ethics and religion intersect is fertile for study, and the crops it yields often represent the finest reap of an single(a)s mind. In our time, modern philosophers of science have tilled this soil and reaped widely differing and important conclusions about the nature of humankind, its relationship to the natural domain of a function and the use of goods and services that science should take in the discernment process. Through the comparison and contrasting of three important worldviewsas expressed in Consilience, by E. O. Wilson, Life is a Miracle by Wendell Berry and Zen and the Art of Motorcycle Maintenance by Robert Pirsigthe seeds of philosophy and faith can be sown in the bud scientists psyche, and a bumper crop of beliefs cultivated.History of the Philoso phy of ScienceThe surest foundation for the origin of science in its practical form is to be found in the cordination and standardization of the knowledge of common sense and of industry.1 One of the first occurrences of this cordination can be traced back to 2500 BCE in the form of edicts from the ancient Babylonian rulers, who issued regal standards of length, weight and capacity. Non-Semitic Sumerians in like manner laid down the elements of mathematics and geometry at that time, making usage of fractions, decimals, circles and radial angles. But knowledge as we know it immediately was tightly woven with magical notions, and as both spread westward they instilled in European vista a reverence for special numbers, their connections to the gods and the application of geometrical diagrams to the soothsaying of the future.2 As well, the ancient Babylonians were fascinated by the heavens. They were the first to make a map of the stars and associate them with animals like the Ram , Crab and Scorpion, names that we still use to this day. They also realized the periodicity and reliability of astronomical movement and phenomena, and were soon able to predict many of them. Tablets have been found dating to the sixth vitamin C BCE that predicted the relational positions of the sun and moon, as well as forecasted the occurrences of eclipses.3 Out of all this knowledge the Babylonians built up a fantastic system of astrology, through which the starswhich were thought to lay out and foretell the course of human affairswould give up their secrets.Consilience, by Wilson, Life is a Miracle by Berry and Zen and the Art of Motorcycle Maintenance by Pirsig Philosophy Term Research PapersThe Philosophy of Science in Consilience, by E. O. Wilson, Life is a Miracle by Wendell Berry and Zen and the Art of Motorcycle Maintenance by Robert PirsigIntroductionThe plot where the fields of science, ethics and religion intersect is fertile for study, and the crops it yields of ten represent the finest harvest of an individuals mind. In our time, modern philosophers of science have tilled this soil and reaped widely differing and important conclusions about the nature of humankind, its relationship to the natural world and the role that science should take in the discernment process. Through the comparison and contrasting of three important worldviewsas expressed in Consilience, by E. O. Wilson, Life is a Miracle by Wendell Berry and Zen and the Art of Motorcycle Maintenance by Robert Pirsigthe seeds of philosophy and faith can be sown in the budding scientists psyche, and a bumper crop of beliefs cultivated.History of the Philosophy of ScienceThe surest foundation for the origin of science in its practical form is to be found in the cordination and standardization of the knowledge of common sense and of industry.1 One of the first occurrences of this cordination can be traced back to 2500 BCE in the form of edicts from the ancient Babylonian rulers, who i ssued royal standards of length, weight and capacity. Non-Semitic Sumerians also laid down the elements of mathematics and geometry at that time, making use of fractions, decimals, circles and radial angles. But knowledge as we know it today was tightly woven with magical notions, and as both spread westward they instilled in European thought a reverence for special numbers, their connections to the gods and the application of geometrical diagrams to the prediction of the future.2 As well, the ancient Babylonians were fascinated by the heavens. They were the first to make a map of the stars and associate them with animals like the Ram, Crab and Scorpion, names that we still use to this day. They also realized the periodicity and reliability of astronomical movement and phenomena, and were soon able to predict many of them. Tablets have been found dating to the sixth century BCE that predicted the relative positions of the sun and moon, as well as forecasted the occurrences of eclips es.3 Out of all this knowledge the Babylonians built up a fantastic system of astrology, through which the starswhich were thought to fix and foretell the course of human affairswould give up their secrets.
Thursday, May 30, 2019
Physiological Effects of Ventolin :: essays research papers
Physiological Effects of VentolinVentolin is a brand name of the drug albuterol sulfate HFA, and its generic name is adrenergic bronchodilator. It is mostly taken as an inhalator, but can also be taken as tablets or syrup. It treats the symptoms of bronchospasms.Bronchospasm is an abnormal contraction of the undisturbed muscle of the bronchi, narrowing and obstructing the respiratory airway, resulting in coughs, wheezing or difficulty in breathing. The chief cause of this condition is asthma, although it may also be caused by respiratory infection, chronic lung disease or an allergic reaction to chemicals. The mucosa lining of the trachea may become irritated and inflamed, which secretes mucus, causing it to be caught in the bronchi and triggers coughing.On the handouts, there are three different pictures of the inside of the trachea, showing the difference between a normal healthy trachea, and inflamed one and another(prenominal) with a mucus plug from the left main bronchus. Thes e pictures were taken from the internet, with the address on the handout.A Ventolin inhalator is breathed in through the babble out to open up the bronchial tubes of the lungs. It relaxes the smooth muscles of all the airways, from the trachea to the terminal bronchioles. Ventolin also clears the mucus in the bronchi, making it easier for patients to breathe and reduces coughing. For Ventolin to operation optimally, situations that may trigger an asthma attack must be avoided. These situations include exercising in cold, dry air smoking breathing in remains and exposure to allergens such as pet fur or pollens. Relating to the case study, a few of these may apply to the patient, such as exercising in the cold morning air and perhaps breathing in dust and allergens such as pollens or maybe from the eucalyptus in the Blue Mountains top executive have had an effect on his condition.There are two forms of bronchodilators, a short playacting and a long acting form. Short acting relie ves or stops asthma symptoms and is very helpful during an attack. They are also called rescue medications because they are best for treating sudden or severe asthma symptoms. Long acting bronchodilators are used to control asthma, they take longer to work but they also last longer, up to 12 hours, whereas a short acting would hardly last for about 4-5 hours. Ventolin is a short acting form, it is the recommended medication to use 15-20 mins before exercising.
Wednesday, May 29, 2019
Book Review Of the Burning Man By Phillip Margolin :: essays research papers
Book Review of "The Burning Man" by Phillip Margolin      beam of light Hale, the son of Richard Hale, a four-year associate at Hale,Greaves, Strobridg, Marquand, and Bartlett, has lived his life under the shadowof his father. Despite having a high five-figure salary and fire-engine-redPorsche, Peter was constantly trying to whip the expectations of his high-class lawyer of a father, who was former president of the Oregon State Bar.Handling only pocketable-time cases did not present Peter with the opportunity tooutshine his father, who was also a second-team All-American football player andNational Champion wrestler, but when his father had a heart attack and could nolonger handle a million dollar case in which Peter had been helping him, Petercould not let the opportunity pass. As Richard Hale lied helpless in a hospitalbed, he demanded Peter ask for a mistrial, but it seemed only to go in one earof Peters and out the other. Peters boldness would be co stly though, as hewould lose the case and lose his father. Richard did not die, but when he heardof his sons error he could not forgive him and couldnt evident to see him anymore.     Only a fatherly instinct would force Richard to find a meager job forhis helpless son in a small town with an old acquaintanceship who was looking for someonetrying to regain status as Peter now was. Whitaker was not as exciting asPortland was to Peter, but he began to be accustomed to the town when he beganhis handling small criminal cases and ran into an old friend who graduated withhim from highschool, Steve Mancini. Steve, like Peters father, was a footballstar, but at the Division II level for the Whitaker State football team. Halebecame close with Mancini and met many other residents of Whitaker through Steve.One being Steves resplendent and intelligent fiance, Donna Harmon and herslightly retarded brother Gary. Just as things began to become settled forPeter in Whitaker, h e ran into some problems with Gary Harmon. Peter had tosave him once from the police in a peeping incident and then became Garys leadattorney, under some influence from Steve Mancini, as Gary was charged with themurder of a local college girl.     The darkness of the murder, Gary had been at a local bar, the Stallion, andhad gotten into an argument with a girl whom he had asked to buy a drink for.Despite the assurance of a local drug-dealer friend of Garys, Kevin Booth andhis friend, Christopher Mammon, the college girl had rejected Gary heavily not
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