Response paper Movie Review Example | Topics and Well Written Essays - 250 words

Response paper - Movie Review Example Fundamentally, Brown diverts from the conventional and template introduction common in many speeches. The relaxed and playful way of presenting her speech keeps the audience strongly gripped in her story. The employment of humor is essential in seeking the attention of the audience (Verderber, Sellnow, & Verderber, 2012). Brown’s masterful and humorous delivery of the speech has arguably held the audience together. Similarly, the positive smile and use of visual elements has enabled Brown to deliver the message to the audience. Brown has masterfully alternated between the main points and the personal stories. The speech depicts the significance of tying stories to major points, as well as, insights. The stories support and relate to the primary message. Similarly, Brown does not fear being authentic, and narrates her struggles in her research about vulnerability. Authenticity seeks to change the speaker-audience dynamic, and the listeners can feel the speaker is talking with them (2012). Although the talk was very informative, Brown needs to minimize the gestures. The gestures were too much, and can be a potential

Life safety Essay Example | Topics and Well Written Essays - 1000 words

Life safety - Essay Example Some people believe that someone at the toilet stated the fire. The cause of the fire is officially undetermined (KRAJICEK, 2014). Inexplicably, the show had no fire apparatus in place. There were 50 fire extinguishers in store as well as 4 circus fire trucks parked a quarter mile from the tent. No fire men had been assigned to the show. The municipal was found to have inadequacies; however, the fury of the city had been focused on the circus (KRAJICEK, 2014). There were a slew of fire code changes as a result of the event, for instance the use of flame retardant tents, fire extinguishers were required 50-100 ft as well as having CT state police and the local fire department at hand, at any under tent performances. It as well lead to the burn on using pyrotechnic as well as flame acts in the presence of audiences with no approval by means of state or local permit processes (KRAJICEK, 2014). â€Å"The Haunted Castle at Six Flags Great Adventure† happened to be a haunted house attraction which was at Six Flags Adventure Enjoyment Park in the Jackson Township in New Jersey. It was on the 11th of May 1984 when 18 teenage visitors within this attraction only to lose their lives after the castle caught up on fire. Six Flags Great Adventure as well as its parent company, the Six Flags, were charged with manslaughter, accused of having recklessly causing death through failure to take adequate safety measures against the fire. The prosecution did argue that there lacked an adequate active fire protection system such as sprinklers and smoke detectors which the accused had ignored even after repeated warnings. The accused argued that it was arson and no measures would have helped in saving lives. They were found to be innocent of the matter (Kathleen, 2014). There was response from fire fighters from surrounding 11 communities. Causes of death were carbon monoxide poisoning and smoke inhalation. The fires lead to several other haunted house

The New American Desk Encyclopedia Essay Example for Free

The New American Desk Encyclopedia Essay Both Alexander Hamilton and Thomas Jefferson have large, enduring legacies in American history. While Hamilton is largely responsible for the United States becoming an economic giant with an economy based on finance, manufacturing, and trade, I admire Thomas Jefferson more, particularly for his broad, considerable intellect and his challenging views on human liberty. Modern America admittedly fits Hamilton’s vision much more than Jefferson’s. After serving as Washington’s aide-de-camp, Hamilton organized the infant United States’ economy and foresaw a capitalist America not unlike Britain’s, which dominated world trade and had a growing number of factories, abundant capital, and vast commercial enterprises. (Jefferson’s rural nation of yeoman farmers was a noble vision but not realistic in the modern world then taking shape. ) Hamilton was also a strong advocate of federalism, which gave the centralized national government far more authority than the one conceived in the Articles of Confederation. However, he was no friend of broad democracy, known in his time as an unscrupulous elitist and ambitious social climber who adhered to what today seem like outdated notions of â€Å"natural aristocracy† maintained by â€Å"enlightened self-interest† (New American Desk Encyclopedia 548-549). He openly mistrusting the American public (which he considered â€Å"a great beast† and little more than an unruly mob) and opposed the Bill of Rights, the basis for American civil liberties (which Jefferson’s protege Madison wrote). For believers in broad democracy and individual liberty, though, Jefferson is by far the more admirable figure. The First Amendment is perhaps his greatest legacy, stemming from his statutes on religious freedom in Virginia and firm belief in church-state separation. He was also a believer in freedom of the press, claiming to prefer a nation where there was a free press and no government, rather than vice versa (Countryman 69-71). The Declaration of Independence is almost entirely his creation as well, a vivid, articulate piece of writing that has influenced democratic thought worldwide. It helped inspire the French revolution less than a generation later, and even the United States’ past enemies have invoked it, including Ho Chi Minh, who based Vietnam’s 1945 independence declaration on Jefferson’s document. He was also a superior intellect, known as one of the colonies’ best minds while still a young man. Jefferson was a gifted writer, skilled diplomat, believer in liberty (his ideas on the subject were progressive for their time), architect, inventor, creator of the University of Virginia (revolutionary in its time for offering a wholly secular higher education), and amateur scientist who commissioned Lewis and Clark to explore the newly acquired American West. He was also a contradictory figure, as an educated, affluent slaveholder who wanted a rural nation of free yeoman farmers enjoying widespread democracy. He was also accused of siring at least one child by his slave, Sally Hemings. (In his defense, the Declaration of Independence’s first draft contained a strong condemnation of slavery, which other Southern delegates made him remove, and he was himself ambivalent about the practice. ) While Alexander Hamilton helped make the United States prosperous and economically powerful, Jefferson played an even greater role in helping make it a democracy (albeit a limited one compared to democracy today), setting an example of a civil society based on the rule of law and individual liberties that other nations would follow over the next two centuries. His lasting legacy helped shape the meaning of liberty and democracy, which became a worldwide phenomenon during the late twentieth century, helped change the world’s politics, and helped define modernity itself. REFERENCES Anonymous. The New American Desk Encyclopedia. Third edition. New York: Signet, 1993. Countryman, Edward. The American Revolution. New York: Hill and Wang, 1985. Davis, Kenneth C. Don’t Know Much about History. New York: Avon, 1990.

Bitter Imagery in Hamlet Essay -- GCSE English Literature Coursework

Bitter Imagery in Hamlet In Hamlet, imagery of disease, poison and decay, are used by Shakespeare for a purpose. The descriptions of disease, poison, and decay help us understand the bitter relationships that exist in the play and Hamlet’s own cynicism. We see Hamlet’s pessimism in his soliloquy when he contemplates suicide. The resentful relationship that exists between Claudius and Hamlet is heightened with the use of imagery when Claudius asks about Polonius. Imagery enhances Claudius’ abhorrence of Hamlet. Shakespeare uses imagery in this play to deepen our understanding of the emotions experienced. The imagery of decay is used to help comprehend the depression Hamlet feels in his first soliloquy about suicide. "O that this too sullied flesh would melt, Thaw, and resolve itself into a dew," (I;ii, 129-130) Hamlet is basically communicating that he wishes not to exist in this world anymore. He wants to die and be apart of the ground. An image of Hamlet’s flesh, rotting, combining with the soil is produced. At this moment we can grasp Hamlet’s true emotions. We feel his pain and his yearn for death. Hamlet continues to say "How weary, stale, flat, and unprofitable/ Seem to me all the uses of this world! Fie on’t, ah, fie, ‘tis an unweeded garden/ That grows to seed. Things rank and gross in nature /Possess it merely."(I;ii, 133-137) Here, Hamlet says his reason for wanting to commit suicide is that he hates the world he lives in. He feels that the world around him is useless and in disarray. We can understand the true motivation for his suicide. Shak espeare lets us peer into Hamlet’s soul by creating these vivid images. Claudius’ relationship with Hamlet is drea... ...hance Hamlet's pessimism of life. Imagery is also used significantly in portraying the sour emotions that exist between Hamlet and Claudius. When Claudius questions Hamlet of the whereabouts of Polonius we see the foul relationship with the help of imagery. As Claudius acknowledges Hamlet's behaviour and insanity, he reveals the anger he feels towards Hamlet. In Hamlet's soliloquy, with reference to suicide, imagery shows us his dark feelings. In Hamlet we truly see what a great deal of depth imagery provides us with. Imagery of disease, poison and decay gives us a chance at really understanding the true emotions that the characters experience in their mind and soul. With the imagery created by Shakespeare, we as readers, can actually comprehend the feelings that are experienced by the characters in Hamlet, that are not always obvious but important.

Jorge Luis Borges: the Blind Man

Tyreak Kellem Hispanic Literature- Spring Semester, 2013 Narrative Exam Horacio Xaubet Narrative Exam I I. Jorge Luis Borges: (a. ) â€Å"†¦ in every story the protagonists are thousands, visible and invisible, living and dead. † The protagonist is the leading character of a story, novel or any literary work. A protagonist is also defined in the modern sense as a supporter or advocate of a social or political cause. The Protagonist is the primary figure of any narrative and the events of the plot are closely associated with the protagonist.Being the central character, the protagonist typically enjoys the most empathy from the audience. Often the protagonist may be the hero who enjoys being the focal point of the narrative and engages the emotions of the audience. It is also possible for the protagonist to be the villain or antihero of the story. In most cases, a story may contain subplots, each having its own protagonist distinct from the main protagonist. In addition to this, each story may neglect to highlight every protagonist. (b. â€Å"Now I possess the secret, I could enunciate it a hundred different and even contradictory ways. I'm not sure how to tell you the secret, now is precious and science, our science, it seems a mere frivolity. He added after a pause: The secret, otherwise it is not worth what they're worth the paths that led me to it. † From this quote, I learned that through his travels he acquired a mental understanding that through the English language we neglect to understand that it has a broader meaning than what we are being taught.Also, he stated that now that he has possession of the â€Å"secret† he could pronounce this secret in a hundred different ways and could even be opposing. Therefore, now that the secret is precious, our science is still mere foolishness. The English language is still â€Å"ignorant† to even comprehend the value behind the â€Å"secret. † (c. ) The first-person, â€Å"Ià ¢â‚¬  is telling about his relationship to â€Å"The other one, the one called Borges. † The focus is on the consciousness of the â€Å"I† who is exploring his feelings, perceptions about the relationship.The story is a meditation on the vertiginous complexities of self-consciousness. The story explores the sense of self as dual, the split between a private â€Å"I†; the self-known by itself and a public persona, the self-known by others. It expresses a multitude of feelings of the private â€Å"I† toward the public self-feelings of difference, strangeness and otherness; feelings of dependence, resentment and criticism; feelings of ambivalence. And finally feelings of confusion about the relationship: Is the private â€Å"I† no less a persona than the public self? â€Å"I do not know which of us has written this page. It is also a reflection on the relationship between a writer and his private self, how the writer turns his private self into art. How he transforms even his most intimate feelings about being used into a work of art. II. Pardo Bazan: (a. ) â€Å"And with the closed fist struck head first, then the face, pushing the fearful little hands, so not yet altered work with who hid Ildara, trembling. † From the very beginning we witnessed a sad spectacle. The image of a girl forced by the circumstances of poverty and the need to help her father appears at first sight.The narration is alternated with the description and dialogue in a way that is orderly and accurate fulfilling the role of the author to ready. For my dialogue explains, makes us speak the characters whom we know better, gives them life and Pardo Bazan puts us as silent witnesses of what happens in-house Ildara through description, torn, natural and real. However, the author belongs to the realist movement that fixed his attention on social problems as a reaction to romanticism whose escape makes escape reality.It does not prevent its reality prese nts it so stark as well as we can see the description of the face of Ildara destroyed us cover eyes to not see as it has been the face: ‘beaten nose', crushed the eye, destroyed mouth, tooth that is on hand with his face bleeding. In which I see traits of naturalism: the stark representation of the facts. In the story, the reader may find different approaches to define the theme for what I consider that the same must infer it. (b. ) While this short story does not involve death, it nevertheless involves a substantial tragedy.The tragedy in â€Å"Las medias rojas† occurs when Ildara’s beauty and essentially hope is destroyed by a violent father who disfigures her by violently beating her over a pair of red stockings she bought. When the story is examined it seems that the red stockings represent the hope and happiness that Ildara feels over the thought that she will soon be leaving her poor and destitute life for a better life. Unlike Ildara, Ildara’s fathe r does not want to leave and therefore disfigures Ildara so that she also cannot leave.The tragic disfiguration of Ildara is very important in that, Ildara’s beauty was what promised her that spot on the ship that would take her to a better life, but without that beauty Ildara no longer has a chance to leave as the ship only accepts the beautiful. On a figurative level, by destroying Ildara’s beauty, Ildara’s father destroys her hope of ever living a better life. By presenting such a brutal way of how one can be rendered hopeless, I believe that Bazan is sending a message about not only the brutality of life, but also the hopelessness that fills the lives of many.Hopelessness in my opinion is the greatest tragedy of all because without hope what is there to live for? Furthermore, this idea of hopelessness is really something that is at the heart of all these tragedies that we see in Spanish literature. In constantly putting tragedy after tragedy in their works, Hispanic authors are not trying to render life as something that is inherently dismal rather they are trying to show that hope is what keeps us alive and that when we allow the tragedies of our lives to consume us we subject ourselves to losing the most important thing that keeps us going each and every day, and that is hope.III. Juan Rulfo: (a. ) In this story we witness a common theme in Mexican literature, as well as in that of Latin America as a whole: the problematic nature of the father-son relationship. Ignacio’s relationship with his father is interesting in and of itself for the way in which the father, despite being clearly at odds with his son, nevertheless undertakes the incredible task of carrying him to Tonaya. It can be also be read, however, as an allegory of the problematic relationship of the post-revolutionary period with the idealistic Revolution that preceded it.Although the allegory is far from obvious, we can see the outlines of this problem in the rela tionship of Ignacio and his father. The father clearly had great hopes for his family but these quickly faded with the loss of his wife and the fragmentation of his family. The next generation, his son Ignacio, due in part to the impossibility of this ideal â€Å"family† and his own shortcomings, has become corrupted, much like many during the post-revolutionary period. One could rgue â€Å"No dogs bark† has some of the theatrical qualities of tragedy in the fatalistic manner in which the characters are driven towards their inevitable destruction. This quality is supported by the way the story largely consists of dialog between the father and son. It is also notable that â€Å"No dogs bark† also exhibits a tendency towards romanticism. The night, the moon and the individual heroism of the father in carrying his son contribute to this romantic impulse, and these elements serve in turn to heighten the force of the story’s tragic ending.

Law of Partnership - Free Essay Example

Sample details Pages: 14 Words: 4106 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? The Law Commission in its Consultation Paper No. 159 on reform of the Law of Partnership recommended, inter alia, that a new form of partnership be created that would constitute a legal entity distinct from its members. Critically consider the advantages and disadvantages this form of business organisation would have over the present form of partnership regulated under the Partnership Act 1890. According legal personality to partnerships would produce an overall positive effect. Don’t waste time! Our writers will create an original "Law of Partnership" essay for you Create order It is not, however, entirely without disadvantages. Legal personality cannot be properly analysed without an understanding of its historical and social consequences. It would simplify the ownership of property, the continuation of contractual obligations and liabilities and would protect partners from litigation as private individuals. It would, however, make winding up firms more difficult. Legal personality has a natural link with limited liability. The concept of legal personality cannot be analysed outside of its historical and social context. The Partnership Act 1890 is out of date. While there is an academic consensus that it has served its purpose well, it is not up to the challenges of modern business. Roger Toulson, Chairman of the Law Commission expresses the point well, ‘Law is also much more than an instrument by which government can aim to deliver its policies. Our laws provide an essential part of the fabric of society and need to be capable of adaptat ion as society changes†¦The Partnership Act 1890 was generally considered to be good legislation. But it was passed at a time when the typical partnership was of the kind described in the novels of Charles Dickens. Now we have partnerships ranging in size from the two-person firm to firms with hundreds of partners and thousands of employees. Yet under English law (in contrast with Scots law) a partnership cannot own property or enter into a contract in its own name. Any change in the membership of the firm involves the dissolution of the ‘old’ firm and the creation of a ‘new’ firm.’[1] The lack of legal personality is the cause of two of the problems outlined by Toulson. A partnership cannot own property or enter into a contract in its own name. A third problem, dissolution on change of membership is conceptually consistent with the ‘aggregate’ as opposed to ‘legal entity’ concept of partnership. This shows how the conceptual underpinnings of business law have a direct effect on its substance and by consequence on the structure of society. It is vital for the economy of the United Kingdom that there is sound regulation of business. This is spelt out in the Law Commission’s 2000 Report on partnership law. ‘The impact of partnerships on the economy is significant. There are in fact almost as many partnerships in the United Kingdom as there are trading companies. The business carried on by these partnerships is also significant. Their combined turnover is more than that of sole traders, who outnumber partnerships by more than three to one. Nor are they restricted to micro-businesses: 852,000 of the 2.77 million persons employed by partnerships are in firms with at least ten employees.’[2] The introduction of legal personality for partnerships is not, therefore, a question of mere black-letter law. Rather, it is an issue that impinges on the day to days lives of millions of people. Conversely, the argument can be put forward that the current system has been proved to work effectively and it would be advantageous to leave the current system in place. This is a ‘weight of inertia’ argument. It is submitted, however, that the well-settled principles of the Partnership Act 1890 could be easily adapted to accommodate legal personality without undermining the merits of the law. It is important to maintain a workable business model separate from company law. The Law Commission writes, ‘The existence of the [company] structure requires rules for the protection of shareholders and the existence of limited liability requires rules designed to protect creditors and other third parties. The result is that company law is complex and incorporation as a company involves incurring many obligations which a small firm may see as excessively bureaucratic and burdensome.[3]’ The partnership is a f lexible, non-bureaucratic model, based upon contract and automatically occurring through statutory authority. The introduction of legal personality is only advantageous if it adds to these qualities. It is central to the concept of a partnership that parties can ‘contract out’ of element of the statutory code. This does not, however, make the statutory code unimportant. The Law Commission writes, ‘A workable default code is important: 52% of the partnerships surveyed by the Forum of Private Business in November 1991 did not have a written partnership agreement. 57% of those surveyed on behalf of the Association of Chartered Certified Accountants in 1995 did not have a formal agreement.15 This means that for a large number of partnerships, usually small businesses, the statutory rules are the sole basis upon which their affairs are regulated.’[4] It is clear that the statutory code is of very great importance indeed. If the ‘default’ co de had legal personality as an element, it would be relevant to a great many businesses. It should also be noted that a great many small firms do not have ready access to legal advice. They have not created their partnership according to choice, rather they have relied on the statutory provisions. It is for this reason that the default code should be as simple as possible. There is also an argument that the code should also conform to public expectations as closely as possible. The accordance of legal personality signifies a major shift in the conceptualization of the English firm. There are two ways of formulating a partnership, it can either be, ‘characterized on a conceptual level†¦ as an â€Å"aggregate† that is, a relationship among the partners or as an â€Å"entity† that is, a personality existing separately from its partners.’[5] The accordance of legal personality would mean shift away from the ‘aggregate’ and towards th e ‘entity’ concept. It is worth noting that Scottish law already employs the ‘entity’ concept. The 1890 Act was a codification of the English common law alone. The law commission considers that such a shift would have a positive effect for continuity of business. It is the smooth continuation of business that perhaps best represents the economic advantages changing the current system. Having set the proposed reform in historical and social context, it is necessary to consider the substantive changes that have been proposed – and whether they would be advantageous. The Law commission has identified three major problems that arise as a result of the lack of legal personality in the current law. These will be analyzed in turn. ‘1) Difficulties arise for partners holding property, particularly land. Title often needs to be transferred from the old group of partners to the new or from an outgoing partner to remaining partners.’[6] Legal personality would prevent this from being an issue. Title could be transferred not to the partners, but to the partnership as a whole. This has positive implications for continuity and would minimize bureaucracy. It would be necessary to undertake substantive law reform, s 20 of the 1890 Act provides, ‘(1) All property and rights and interests in property originally brought into the partnership stock or acquired, whether by purchase or otherwise, on account of the firm, or for the purposes and in the course of the partnership business, are called in this Act partnership property, and must be held and applied by the partners exclusively for the purposes of the partnership and in accordance with the partnership agreement.’ This concept of ‘partnership property’ would obviously have to change. The Law Commission suggest that the concept should be scrapped entirely for partnerships with legal personality. A partnership with legal personality could hold property in its own right. Where partnership money has been used to buy property, that property would be belong to the partnership. If property is bought by a private individual for the benefit of the partnership, then it will be held on trust.[7] It is submitted that this will inevitably create complications. On the one hand there will be partnership property in which the partnership enjoys full legal rights and on the other, there will be property which is merely held on trust for the benefit of the partnership. This will lead to conceptual complications, as the partners are unlikely to be aware of this dual structure of ownership. In a partnership with legal personality, partners, ‘do not own a share in the partnership property directly. The partners own a share in the partnership and that share will, of its nature, be personal or incorporeal moveable property.’[8] Unfortunately according legal personality to firms may cause problems in relation t o security of title. The current rules protect the purchaser by insuring that, ‘at least two but not more than four of the partners are registered as proprietors and they hold it on trust for all the partners as tenants in common. The interests of the partners are protected by the entry on the register of certain common-form restrictions. Any purchaser is entitled to assume that the registered proprietor has full dispositionary powers in the absence of any entry to the contrary on the register.’[9] It might not be the case that a purchaser would be able to assume such dispositionary powers in where the firm and not trustees was registered. The Law Commission writes, ‘If a partnership wished to sell land acquired many years earlier when the composition of the firm was different, how, for example, would a purchaser know that the partnership selling the land was the same legal person as the partnership on the records as the owner?’[10] There is no obv ious answer to this problem. The Law Commission note that frauds as to security of title are both rare and difficult to put into effect. It is submitted that the benefits of allowing partnerships to avoid the bureaucracy of transferring title every time there is a change of composition outweigh the disadvantages of a reduction in security of title for purchasers. The law society highlights a second advantage to the accordance of legal personality and the transfer of property, ‘2) Where property is transferred, third parties who had claims against the old group of partners may have no claim against the assets of the new group.’[11] Legal personality would prevent a change in partnership composition from automatically creating a new partnership. For this reason, creditors claims would not be broken by the legalistic creation of ‘new’ firms. This has clear and positive implications for lenders. It is not just property that would survive changes in composition; contractual rights would also be left in tact, ‘3) Difficulties may arise in transferring contractual rights and obligations from the old group to the new group, particularly where the contracts cannot be freely assigned or where the partners are unaware of the need to take any steps.’[12] A partnership with legal personality would be able to enter into contracts. The obligations created by those contracts would persist regardless of any change in composition. Another major advantage of reform is that it would simplify the rule that partnerships are dissolved upon change of membership. While partnerships are able to ‘contract out’ of the default rules, they currently provide that a change of membership results in dissolution of the partnership. Under S. 32 (c), this can happen for a variety of reasons, Reduction of the number of partners to below two; Expiry of fixed term, subject to any agreement between the partners; (c) Termination of the single adventure or undertaking for which the partnership was entered into, subject to any agreement between the partners; (d) Notice by one partner of intention to dissolve the partnership where the partnership was entered into for an undefined time, subject to any agreement between the partners. As has been noted, a great many businesses rely on the default rules. This means that following the death or retirement of a partner, the partnership may have to be wound up. This directly contradicts the principle of continuity of business. The Law Commission write consider that, ‘unnecessary legal difficulties, following the death or retirement of a partner, may on occasion cause the winding up of businesses that might otherwise have continued.’[13] Legal personality would mean that the partnership could continue despite changes in composition of the membership. In the view of the economic importance of the business model, it is submitted tha t this would be a very positive outcome indeed. The accordance of legal personality has far reaching implications for the winding up of a firm. S. 38 of The 1890 Act currently states, ‘After the dissolution of a partnership the authority of each partner to bind the firm, and the other rights and obligations of the partners, continue notwithstanding the dissolution so far as may be necessary to wind up the affairs of the partnership, and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise.’ Partners’ rights and obligations continue insofar as it is necessary to wind up the firm. The Law Commission detail the problem, ‘The difficulty is that rights and property may be vested in the firm as a legal person. Once the firm is dissolved there is no longer any person to hold the rights and property. When an individual dies, rights and property pass to an executor. There is no provision in the 1890 Act for a ny similar transfer to the former partners by operation of law.’ That is to say that all the rights and obligations vest not in the partners, but in the separate legal personality of the firm. The consequence of this is that on winding up, there is nobody with a duty to oversee the process and settle debts. It is interesting to consider the Scottish situation. As has been noted, partnerships in Scotland have legal personality. In Inland Revenue v Graham’s Trustees [1971][14], Lord Reid said, ‘In my opinion, section 38 does not make the surviving partners parties to the firm’s contracts and so keep those contracts alive. That would involve a radical change in Scots law. But I see no difficulty in holding that this section does require unfinished operations to be completed under the conditions that would have applied if the contract had still existed.’ It is submitted that Lord Reid has clearly avoided giving s. 38 a literal interpretat ion. His opinion is that s. 38 only serves to compel former partners to complete ‘unfinished operations.’ This is vague and conceptually incoherent. It is not immediately clear what ‘unfinished operations’ might entail, or on what legal basis the court has the power to compel parties to complete them. It is not, however, a problem without a remedy. The first approach concords with the old Scottish rule that the partnerships continues ‘in a sense.’[15] The partnerships are, ‘gone but, not yet gone.’ The advantage of this approach is that the rights and obligations of the partnership continue to attach to the partnership during the process of winding up. This means that the rights and obligations do not have to be passed over to the individual partners in order for unfinished operations to be completed. There are clear conceptual problems, however, the Law Commission writes, ‘There are theoretical difficulties with thi s option. There is the logical difficulty of regarding the partnership as gone and yet not gone at the same time. There is the difficulty that there may be only one partner, or no partners, left during the winding up process. It may be odd to say that a partnership continues in such circumstances. There is the difficulty of knowing when the partnership does come to an end. The winding up process may drift on indefinitely. In some cases there will be closing accounts and a recognizable end to the winding up period. In other cases there may be no recognizable end at all. The partnership may continue forever.’[16] This is a clearly unacceptable catalogue of woe. The Law Commission do not consider that in practice it is likely to cause much difficulty, however. Rights could be enforceable only for a limited period of time. It is submitted, however, that the concept of a partnership being, ‘gone, but not yet gone,’ lacks legal clarity. What then of the second op tion? The Law Commission details this as transferring, by operation of law, rights to the former partners as trustees for the purpose of winding up. Unfortunately this solution causes problems in relation to real and heritable property as, ‘title to such property can only pass through registration. If the partnership ceases to exist on dissolution, it will be unable to execute the documents necessary to effect the transfer. The property would become ownerless and ultimately revert to the Crown.’ This is clearly not an acceptable state of affairs. The Law Commission is, therefore, right to recommend option one. It is submitted, however, that partnerships without legal personality have a clear conceptual advantage in this regard. Creditors will not pursue a partnership only when it is being wound up. It is a logical consequence of the accordance of separate legal personality that creditors will be able to pursue the partnership to enforce rights and obligations as w ell as the individual partners. This is a clear advantage over the current system, as actions against private individuals are stressful and effect family members outside of the business world. The Law Commission debates, however, whether or not partner’s liability should be subsidiary, that it to say, the primary liability would be of the partnership and the individual partners would only be liable when the property of the partnership is not substantial enough to cover the debt. The Law Commission opposes the alternative concept that the partnership and the individual partners should be both jointly and severally liable in the initial action on the basis that it would create a misleading impression, ‘It would, however, give the wrong impression of the nature of the respective liabilities of the firm and the partners. It would give the impression that in a four-partner firm there were five obligants, each being liable, as between themselves, only for a one-fifth share. This solution would also give the misleading impression that if a partner paid the whole of a partnership debt the partner’s right of relief against the partnership would only be for part of the debt. In fact the partner should have a right of relief against the partnership for the whole amount of the debt. It would also be rather misleading to give the impression that if the partnership paid, it would have a right of relief against the partners.’[17] It is submitted that it is wrong to be unduly concerned in this regard. While the Law Commission is absolutely right to emphasise clarity and simplicity in the ‘default code’, it should be remembered that creditors commencing legal action against a firm are very likely to have sought legal advice. The Law Commission is weary of stipulating that creditors must proceed against the firm before the partners on the basis that creditors should not be obliged to take unnecessary steps. If it is clear f rom the outset that settlement of liability will only come from a direct action against individual partners, the law should reflect this reality. On the other hand there is a more important consideration to take into account. Partners should be protected from actions against themselves as private individuals, when the firm with legal personality would be able to settle the liability. The Law Commission has written, ‘On balance, our provisional view is that a creditor should not have to exhaust enforcement remedies against the assets of the partnership before enforcing the judgment against the assets of a partner.’[18] It is submitted that it is clear advantage of the introduction of legal personality that it will be possible to bring actions against the partnership. An advantage of the current system is that the default rules come into operation without any action being taken by the parties. The system is simple and comprehensible. The introduction of legal personality threatens this to some extent. If the law were to state that legal personality is only accorded for firms that have registered, firms would be divided into three categories; those with their own partnership contracts, unregistered firms without legal personality and registered firms with legal personality. This regime may well be confusing for small firms who do not have ready access to legal advice and who are unlikely to understand the difference between a registered firm with legal personality and one without. It is submitted, therefore, that the Law Commission is correct to suggest that legal personality should arise automatically as a result of the default rules. This would maintain the advantageous simplicity of the current system. There is one possible major advantage of legal personality that the law commission has neglected to consider. Separate legal personality could result in automatic unlimited limited liability for all firms. The current divi sion between conventional firms and limited liability partnerships is confusing. Again, it is unlikely that small firms will have access to legal advice and will not understand the advantages of limited liability. Separate legal personality is conceptually consistent with limited liability. It creates a separate entity from the partners, an entity which takes all the risks. The Economist eloquently records its support of limited liability ‘The economic historian of the future may assign to nameless inventor of the principle of limited liability†¦ a place of honour with Watt and Stephenson, and other pioneers of the Industrial Revolution. The genius of these men produces the means by which man’s command of natural resources was multiplied many times over; the limited liability company the means by which huge aggregations of capital required to give effect to their discoveries were collected, organized and efficiently administered.’[19] It is submitte d, therefore, that a natural consequence of separate legal personality is automatic limited liability. This approach would iron the current inequalities in the law, where large professional partnerships with access to legal advice are likely to constitute themselves as LLPs. Of course the major advantage on unlimited liability is that financial affairs are accorded a higher degree of privacy. It is questionable, however, how far small firms value such privacy. It is submitted that given a choice between privacy and limited liability, most small businesses would choose limited liability. While it was perhaps outside the Law Commission’s term’s of reference to address this issue, it is, perhaps, a wasted a opportunity. There is no reason why large firms with access to legal advice should not be allowed to ‘contract out’ of unlimited liability if they wish to protect their privacy. The introduction of legal personality for partnerships would benefit the law, so long as it was part of the default code and not subject to registration. Registration would only complicate an admirably simple system. The introduction of legal personality would iron out difficulties of property ownership and the bureaucratic legal necessity of transferring property each time there is a change in partnership membership and a ‘new’ partnership is created. It would also allow contracts made with the partnership to survive a change in membership and rights and obligations of the partnership would persist. It would allow for actions for liability to be brought directly against the firm rather than against the partners as private individuals. This is highly desirable as the law should try and limit actions against private individuals on policy grounds. Conversely, it would complicate the currently transparent system in operation for the winding up of a partnership, introducing an intellectually vague concept that the partnership is ‘gone, bu t not yet gone.’ There is also the inevitable argument that as the system is working relatively successfully, alterations may be bureaucratic and time consuming for only minor benefit. The Law Commission failed to consider the advantages of making the ‘default’ partnership limited liability. This is a great shame. Limited liability is a natural extension of separate legal personality. Commercial Law And Practice, The College of Law, 2006 Halpbern, An Analysis Of Limited Liability In Corporation Law, University of Toronto Law Journal, 1980 Inland Revenue v Graham’s Trustees [1971] SC (HL) 1 Law Commission, Consultation Paper 159, Partnership Law, 2000 Law Commission, Consultation Paper 159, Partnership Law, Summary, 2000 à ¯Ã¢â‚¬Å¡Ã‚ · Partnership Act 1890 Toulson, Law Reform In The Twenty First Century, Legal Studies, Vol 26, No. 3, 2006 1 Footnotes [1] Toulson, 2006, p 321 [2] Law Commission Report 159, at 1.4 [3] As above at 1.8 [4] As above at 1.17 [5] As above at 2.7 [6] As above at 4.11 [7] As above at 11.19 [8] As above [9] As above at 4.38 [10] As above [11] As above at 4.11 [12] As above [13] As above at 4.13 [14] Inland Revenue v Graham’s Trustees [1971] SC (HL) 1. [15] Law Commission Report at 8.11 [16] As above at 8.20 [17] As above at 10.15 [18] As above at 10.19 [19] Cited in, Halpern, 1980, p 1

A Study Of A Patient Who Experienced Chest Pain Essay

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