The Definition of Power :: Definition Essays Power Authority

The Definition of Power   Ã‚  Ã‚  Ã‚  Ã‚  Power is many things. It is the ability to control people in their sayings and/or actions. It is the ability to get whatever you want. Power is a necessary component in any society, otherwise all pandemonium would break loose; leaders must be established. But, when taken to an extreme, power is not good, and pandemonium will break loose.   Ã‚  Ã‚  Ã‚  Ã‚  As Lord Acton said, "Power tends to corrupt and absolute power corrupts absolutely." A good example of this is Adolph Hitler in Nazi Germany. He believed he could not be stopped and that rules did not apply to him. By being given absolute power, he corrupted the government. No attempt was made to stop this by the Germans, because of the control he had. People were either scared to stop this, or were brainwashed into believing it. Finally the U.S. had to step in and try to stop Hitler, and World War II broke out.   Ã‚  Ã‚  Ã‚  Ã‚  But power is not all bad though. As was stated earlier, it is necessary in any group of people, and there will be struggle to achieve it--be it a country, a business, or a sports team. Athletics is a good example of where there is a constant power struggle. In every league, every player wants control. They want what they think should happen (during games), to happen. Recently, in the NBA, Dennis Rodman took this struggle to an extreme. In disagreement with an official's call, Rodman head-butted the official, and through a temper- tantrum on his way off the court. Quite obviously, this is bad. Every player in the league agrees to the rules set by the NBA from the beginning. The rules are made to keep control, and the officials have power to enforce these rules. If there were no regulations, players would be doing whatever they wanted whenever they wanted. If Rodman's antics would have taken place somewhere other than a basketball court he probably would be in trouble with the law. If he were to argue with a police officer, for example, the same way he did with the referee, he probably would be put in jail or at very least heavily fined. Well, the NBA is not going to put anyone in jail for this, but they did fine him and suspend him for a couple of games. Basically Rodman is as bad as any street bully who picks on or beats up little kids. Only he does it on a basketball court, so generally it is considered "part of the game." In nine out of ten cases, a fine is levied, and all is forgotten.

The work of Langer & Rodin

To explore the effects of decision-making and responsibility on residents in a nursing home, Langer and Rodin gave residents a houseplant. Residents were to make all the decisions about when and how much to water and how much sun to give their plant. Resident in the experimental group were also given other choices such as where they would prefer to receive visitors, whether they wanted see the weekly movie and which evening they wanted to attend (a movie was played on Thursdays and replayed on Fridays), etc. A comparison (control) group were also given plants but told that the nurses would take care of them. Those in this group were not encouraged to make decisions for themselves but were told that staff was there to help them. Issues were as similar as possible with the experimental and comparison groups except for the distinctions about who was in control and responsible for decisions. The researchers used various behavioural and emotional measures to judge the effect of the encouragement, for example, participation in activities at the nursing home, how happy the residents felt and how alert and active the residents were. Clear and dramatic improvement was made in the group given more responsibility. Eighteen months after the study the researchers returned and again performed the outcome measures. The residents who had been given more responsibility were still significantly more active, vigorous and sociable than those in the comparison group. The experimental group also asked more questions during a lecture that Judith Rodin gave. During this return trip physical health was measured. Prior to the study the two groups had been in similar health based on their medical records. However, eighteen months later the health of the experimental group had improved while that of the comparison group had worsened. The most striking discovery was mortality rate. Only seven of the 47 residents in the experimental group had died whereas 13 of the 44 residents in the comparison group had died (15% versus 30%). These results have been confirmed by much research since the time of the original experiment. To improve this experiment they could have looked for other areas where choice can be given back to residents such as dining, bathing, and placement of personal items in their room. Record the outcomes. Watch to see if over time there are changes in activity participation, alertness and affect of residents. As this experiment proceeds it would be good for staff to discuss amongst themselves how to change their own perspective to maximize residents' sense of independence, freedom and involvement. The relation between health and a sense of control may grow stronger in old age. This could occur through three types of processes: experiences particularly relevant to control may increase markedly in old age; the association between control and some aspect of health may be altered by age; and age may influence the association between control and health-related behaviours or the seeking of medical care. Studies show that there are detrimental effects on the health of older people when their control of their activities is restricted; in contrast, interventions that enhance options for control by nursing home patients promote health. With increasing age, however, variability in preferred amounts of control also increases, and sometimes greater control over activities, circumstances, or health has negative consequences including stress, worry, and self-blame. Mechanisms mediating the control-health relation include feelings of stress, symptom labelling, changes in the neuroendocrine an d immune systems, and behaviour relevant to health maintenance. * Work which very clearly supports Langer & Rodin is that of Marmot et al (1997) and the study of civil service office workers: – Marmot et al (1997) Marmot and his co-workers devised an experiment to determine the association between adverse psychosocial characteristics at work and risk of coronary heart disease among male and female civil servants. There were self-report questionnaires provided for information on psychosocial factors of the work environment and coronary heart disease. Independent assessments of the work environment were obtained from personnel managers. Setting: London based office staff in 20 civil service departments. Subjects: 10308 civil servants aged 35-55 were examined-6895 men (67%) and 3413 women (33%). Results: Men and women with low job control, either self reported or independently assessed, have a higher risk of newly reported coronary heart disease during the follow up. Job control was assessed on two occasions three years apart, although intercorrelated, had cumulative effects in newly reported disease. Subjects with low job control on both occasions have an odds ratio for any coronary event of 95% compared with subjects with high job control at both occasions. This association could not be explained by employment grade, negative affectivity, or classic coronary risk factors. Job demands and social support at work were not related to the risk of coronary heart disease. Conclusion: Low control in the work environment is associated with an increased risk of future coronary heart disease among men and women employed in government offices. The cumulative effect of low job control assessed on two occasions indicates that giving employees more variety in tasks and a stronger say in decisions about work may decrease the risk of coronary heart disease. * Whereas the work done by Brady (1958) in the ‘Executive Monkey' experiment completely goes against Langer, Rodin and Marmot: – Brady tested groups of monkeys to determine which were the quickest learners; they would then be chosen to take the place of the ‘Executive Monkey'. The executive monkey is then sat in a harness with its feet touching the floor allowing almost complete mobility, the non-executive monkey is sat in the other harness so that it cannot touch the floor, both harnesses are connected to a bar that in turn is attached to a pivot. A bell would sound and the exec. Monkey would have 20 seconds to get to a switch, if he did not manage to get to the switch in time, both monkeys would be given an electric shock. Brady discovered that the best way to conduct this experiment was to put the monkeys 6 hours in then 6 hours off, this was found to be the best way to stress them. Around 23 days into the experiment the executive monkey would die from stomach ulcers, due to the stress. > We could argue that the monkey had the control over whether they got shocked or not and yet it still got stressed and died, which would then completely dis-prove Langer & Rodin. > But you could also argue that the exec. monkey got stressed from having to get to the switch and its also possible to say that the executive monkey didn't have complete control, i.e. they couldn't turn the electric shocks off completely, and so got stressed from having to continuously press the switch. * Weiss (1972) repeated Brady et al's experiment but with rats this time: – He found that giving feedback on successful shock avoidance (by sounding a tone) reduced ulceration in executives to below that of the non-executive rats. The feedback tells the animal it has avoided shocks and increases its ‘sense of control' over the situation. The non-executive animal cannot respond and lacks any control at all over what's going on, this leads to more ulceration. ==> By comparing Brady and Weiss' experiments it's very clear to see that the idea of a ‘sense of control' separates the two. Not as many animals will die in Weiss' as in Brady's, the rats don't feel as stressed as the monkeys because they feel more ‘in control'. These studies also show the importance of control and feedback on successful coping in reducing levels of stress.

Essay about Jimmy Carter and Political Maxim - 1017 Words

Hardball by Chris Matthews: Quotes Hardball by Chris Matthews is an interpretation of what many know as â€Å"hard-politics†. The book describes the skill of playing the game in Washington and how to be successful at it. The book is a guide that teaches a series of maxims that would be in favor of politicians to learn in order to be successful. The different tactics provided in the book hold a lot of knowledge that would make the life of anyone following these strategies much easier when trying to get ahead in life. Matthews describes a countless number of examples of successful politicians that rose to the top. Those politicians are the ones who learned how to play hardball in Washington. Matthews provides many of his observations over†¦show more content†¦Carter played this strategy to a tee. Carter knew that his best line of defense would come from those who had lost their elections and were looking for a job. The quote symbolizes the tactic Carter used and how his intelligence allowed him to take advantage of the situation. He knew that those individuals faced a tough race and when they lost, they would become his support because people like to be used and not ignored. Another quotes that is related to the â€Å"it’s better to give then to receive,† maxim is a quote I found to be very witty. The quotes states, â€Å"Ive lived across the street from you for 18 years ... I shoveled your walk in winter. I cut your grass in summer... I didnt think I had to ask you for your vote. He never forgot her response. Tom, I want you to know something: people like to be asked. The lady knew Tip O’Neil and all he had done for her over the years, but out of respect she found that all he needed to do was ask. She wanted to make sure she was considered and thought about, so she wouldn’t be taken for granted. The main point from this quote is that people don’t mind being used, but they do mind being taken for granted. It’s important to know that aski ng favors only brings in more supporters. People want to invest in others and are often not critical of that person because they alsoShow MoreRelatedMeltdown At Three Mile Island1263 Words   |  6 Pageswas actually yellow and fizzing with 1250rem), Roger Mattson (another nuclear engineer who butted heads with Victor Stello over how to handle the situation in the plant) Outside of the company: Richard L. Thornburgh (Governor of PA), President Jimmy Carter (Navy Nuclear Engineer, showed up at Three Mile Island and tried to relieve citizens that everything was okay), appointed engineer at Three Mile Island(Harold Denton) Important Engineering Facts/overview: On May 28, 1979, around 4 a.m. in HarrisburgRead MoreHardball Project1470 Words   |  6 Pageshappened during Michael Dukakis’ campaign. Dukakis’ view on the punishment of criminals was turned on him, and he never really explained or tried to make things clear. He let his opponent ruin him. Dukakis’ downfall was not being able to follow the political maxim, leave no shot unanswered. His opponent fired ads about Dukakis’ view on punishment of criminal. Dukakis never made an attempt to fire back or even explain. This led to his defeat and thus him losing the campaign. The second quote is, â€Å"JFKRead MoreAnalysis Of Thomas Tip O Neill s Victory Over A Formidable Challenger2172 Words   |  9 Pagesaforementioned maxim, popularized by Thomas Tip O’Neill, emphasizes the importance of satiating the diurnal minutiae of a pol’s constituency. This political precept acknowledges the incontrovertible truth manifest in the Harry Truman quote, â€Å"It’s a recession when your neighbor loses his job; it’s a depression when you lose yours.† Adhering to this maxim necessitates a prioritization of the monotonous realm of one’s constituency, concomitantly presupposing an emphasis on â€Å"retail† politics. This political stratagemRead MoreThe Cornerstone Of America s Political System1123 Words   |  5 PagesThe cornerstone of America’s political system is the right for citizens to elect their representatives and heads of state through voting. The participation of citizens in America’s politic al landscape is what has kept the United States strong for the past two hundred and thirty-eight years. Over the decades, voting has adapted and conformed to times. New political and social ideologies have allowed different ethnics to participate in the electoral process. The idea of one person equaling one voteRead MoreThe Most Scholar Among Us1549 Words   |  7 Pageschecks and balances to better help the people of each nation like Iraq, Afghanistan, and Greece. As the author stated in on 1.7 how to think about reformed the author opens up with reform proposal are a dime a dozen, or maybe cheaper, and the old maxim if it ain’t broke, don’t fix it might be useful guidance (12).† Trying to reform everything to give a slight edge to and individual, a group, or even an agenda sees like greed’s face rearing up to overwhelm good men who have at one point or anotherRead MoreIrregular Warfare: One Nature, Many Characters1740 Words   |  7 PagesCharacters[1]† by Dr Colin Grey, he asserts â€Å"that the United States should undertake little irregular warfare. It would be a political and strategic mistake to identify irregular warfare, COIN especially, as America’s dominant strategic future (Grey 1).† I disagree, I would assert that due to the United States’ superior military power and technology, more stable political system (democracy), and globally dominate economy, we can and will, be successful in COIN operations. Examining each of theseRead MoreThe President And International Relations2761 Words   |  12 Pagesadministration are the face of that standard. Not all foreign policy is going to go the United States way however as there have been times that presidents have been duped so to speak or just handled the situation poorly over all the examples being Jimmy Carter and the Iranian hostage crisis and more recently President Obama and Vladimir Putin in Russia over the issue in the Ukraine. So where does the President get his authority over international relations? The constitution instills in the executiveRead MoreTorture and Custodial Violence in Prisons12554 Words   |  51 Pagesaccountable states without which there can be no political stability or social progress.† Human rights have had a long historical heritage. The principal philosophical foundation of human rights is a belief in the existence of a form of justice valid for all peoples, everywhere. Human rights have become indispensable to the contemporary understanding of how human beings should be treated, by one another and by national and international political bodies. Human rights are best thought of as potentialRead MoreCase Studies67624 Words   |  271 Pagesbetter. To counter the effects of the Depression on their tyre revenues, Dunlop commenced an efficiency (costminimisation) drive in 1930. Hard decisions were made to rationalise operations, and some factories were closed. Relief also came from the political arena, with the election of a federal Labor government, which further raised tariffs on imported tyres. By 1932 the economic depression showed signs of lifting, and sales of Dunlop’s other rubber products (for example, golf balls and clothing) had

The Introduction of the Social Security System Free Essay Example, 2500 words

This would, in turn, lower the level of unemployment rate in America. The Act was biased in the sense that, it defined employment to reflect typical white male patterns and categories. Various job categories that were not included in the Act and they included domestic service, agricultural labor, government employees, hospital employees and social workers among others. It was established that these job categories were mostly dominated by women and minority groups; thus, establishing that the Act was biased. For example, in 1940, women made up 90% of domestic laborers where two-thirds of all employed black women worked as domestic workers. This indicated that the emption created by the Act excluded nearly half of the working population in the United States. This resulted in a protest by the NAACP against the Social Security Act where they described it as a sieve with holes just big enough for the majority of Negroes to fall through. This form of discrimination was said to have resu lted from the powerful position that the Southern Democrat held on the two committees that played a major role in the creation and implementation of the Social Security Act. We will write a custom essay sample on The Introduction of the Social Security System or any topic specifically for you Only $17.96 $11.86/page

The Scarlet Letter By John Hawthorne - 1478 Words

The Scarlet Letter is a novel about Hester s punishment for committing adultery and how she and the people around her view and act as a result of that sin. The reader can view these punishments from the reaction at two distinctly different mind sets. One of these is the mindset of the Puritans. The Puritans are extremely religious and one can see that in their harsh decision making and social life with sinners. The other mindset is one of the Narrator. Unlike the puritans, the narrator views people and objects with more of a personal connection, how an object affects another object as opposed to how a object affects God. There are several symbols that show and develop this throughout the novel. One of these symbols is the symbol of the Scarlet Letter. The puritans view this as a sign of sin, as something that connects one with the devil. This opposes the narrator s view point of the scarlet A being part of Hester s identity, without it she is a different person. Pearl, Hester s daugh ter, is another symbol that divides the narrator and the puritans. The puritans view Pearl as evil, a devils child. This view differs from the Narrator s which comes from the vantage point of Pearl being an extension of Hester and how Hester would not have the will to live without Pearl. The third symbol is the forest. To the puritans the forest represents an area of evil, a location where the devil dwells. However, the Narrator looks at this ass a place of protection, a place where HesterShow MoreRelatedAnalysis Of John Hawthorne s The Scarlet Letter 855 Words   |  4 PagesHawthorne’s critique on sin, more specifically addressing sin, is clear. Throughout The Scarlet Letter, Hawthorne claims that sin should public, and subject to punishment from the public not the individual; Hawthorne clearly evidences this with his depiction of Hester’s rise under the letter, Dimmesdale’s self-inflicted decline, and Chillingworth’s revenge-based transformation. Hester’s sin, in the Scarlet Letter is great. At the beginning of the novel, she commits adultery and is publicly shunnedRead MoreThe Scarlet Letter, By Nathaniel Hawthorne And John Proctor From The Crucible By Arthur Miller1585 Words   |  7 Pagessociety. Nathaniel Hawthorne and Arthur Miller both wrote about these conflicts. Hester Prynne from The Scarlet Letter by Nathaniel Hawthorne and John Proctor from The Crucible by Arthur Miller shared the same attributes and feelings towards things that affected their reputations. Both characters from the novels lived in the Puritan colonies of Massachusetts during a time in our history that adultery was considered a mortal sin and witchcraft was punishable by death. Hester and John both had opportunitiesRead MoreThe Theme Of Guilt In The Scarlet Letter By Nathaniel Hawthorne1668 Words   |  7 PagesNathaniel Hawthorne is the author of The Scarlet Letter. Hawthorne is a anti-transcendentalist which means he writes a lot about Pu ritans in the 1600’s. John Hathorne ( Nathaniel H. great uncle ) is also an anti-transcendentalist . The book that John wrote that goes with The Scarlet Letter is The Ministers Black Veil. It as well as this novel talks about Secret sin and how the world is good and people are dark and mysterious. Nathaniels book The Scarlet Letter talks about Secret Sin , RevengeRead MoreEssay On John Hathorne878 Words   |  4 Pages   Ã‚  Ã‚   Nathaniel Hawthorne was greatly influenced by his great- great grandfather, John Hathorne, to develop the novel The Scarlet Letter.   John hathorne was involved in the persecution of several people in the Salem, Massachusetts (encyclopedia). JOHN HATHORNE AND THE SALEM WITCH TRIALS   Ã‚  Ã‚   In the year 1692, the Salem Witch Trials began and John Hathorne was chosen by Governor Sir William Phips to be a judge during the trials.   Hathorne believed that Satan had the power to pressure people into harmingRead MoreSins inThe Scarlet Letter by Nathaniel Hawthorne Essay1517 Words   |  7 Pagesâ€Å"Be true! Be true! Be true! Show freely to the world, if not your worst, yet some trait whereby the worst may be inferred† (Hawthorne). As this sentence is read in the The Scarlet Letter, the reader will realize that the main theme of the book is the sentence above. Throughout the book, secret sin damages the lives, soul, and the integrity of the main characters. However, it could have easily been evaded through open confession of their sins. Nathaniel Hawthorne’s purpose in writing this novel isRead MoreSummary Of Hester Prynne Essay1299 Words   |  6 Pagesasks a nearby man what was happening. The man tells him that Hester is being punished for having an affair with another man while her husband was away, not knowing that he was talking to Hester’s legal husband. After being led back to jail with a scarlet letter â€Å"A† sewn to her chest, Hester and her husband meet and talk with each other. Her husband, Roger Chillingworth, is now learning about medicine and provides Hester with medical care while making her promise that she will not reveal his identityRead More Scarlet Critique Essay870 Words   |  4 Pages The Scarlet Letter by Nathaniel Hawthorne was written in 1850. It was based on the Puritans of the 1600s, which were revived in Hawthornes era. Hawthorne descended from Puritan heritage and harbored a sense of guilt and hatred for their way of life. He used many themes and literary techniques in The Scarlet Letter including symbolism and irony. He emphasized the individuals role in the community and the role of women in society. Hawthorne used romanticism as opposed to the classical correctnessRead MoreThe Scarlet Letter vs. the Crucible Essay703 Words   |  3 PagesThe edgy tale of The Scarlet Letter by Nathaniel Hawthorne is comparable in many ways to Arthur Miller’s haunting play The Crucible. Both are set in Puritan New England in the 17th century and revolve around the harsh law enforcement of the time. However, The Scarlet Letter tells the story of a woman as she deals with her heavy Puritan punishment, whereas The Crucible follows hysteria as it spreads throughout an entire town. Hester Prynne, the main character of The Scarlet Letter, was found guilty forRead MoreThe Scarlet Letter By Nathaniel Hawthorne960 Words   |  4 Pages3H 13 August 2014 The novel, The Scarlet Letter, was written by the author Nathaniel Hawthorne and was published in 1850 (1). It is a story about the Puritan settlers of the Massachusetts Bay Colony, set around 1650 (2). The story is written in the third person with the narrator being the author. The common thread that runs through this novel is Hawthorne’s apparent understanding of the beliefs and culture of the Puritans in America at that time. But Hawthorne is writing about events in a societyRead MoreThe Scarlet Letter By Nathaniel Hawthorne1397 Words   |  6 Pages John Graves Professor Connie Caskey English 251: American Literature I 8 February 2016 The Scarlet Letter was written by Nathaniel Hawthorne in 1850 which is based on the time frame of the Puritans, a religious group who arrived in Massachusetts in the 1630’s. The Puritans were in a religious period that was known for the strict social norms in which lead to the intolerance of different lifestyles. Nathaniel Hawthorne uses the puritan’s strict lifestyles to relate to the universal issues among

Contractual Transaction Of Northside Developments Pty Limited

Question: Discuss about the Contractual Transaction Of Northside Developments Pty Ltd. Answer: Issue The primary issue in context of this case study is that whether the third party has the right to rely upon assumptions which can be made in relation to the internal management of the organization while getting into a contractual transaction. Rule The primary rule which is applicable in situation of making an assumption while entering into a transaction with a company has been provided via the ruling of the land mark case of The Royal British Bank v. Turquand (1856) and is famous and commonly known as the indoor management rule. The provisions of this rules signifies that the any person who gets into a dealing with a person acting on behalf of the company has the right to assume that the person has complied with all the internal regulations and requirements of the organization. However the rule cannot be applied in all circumstances and there have been many situations where the court have considered that the indoor management rule is not applicable in the provided circumstances. These cases as and the ruling and reasoning provided by the judges are as follows. One of the primary reasoning which had been provided by the court in relation to the application of the indoor management rule has been given through the case of Morris v. Kanssen (1946) AC 459. In this case taking into consideration the circumstances it had been reasoned against the applicability of the indoor management rule that the rule has been brought to existence for the purpose of addressing the issues which are faced a third party while getting into a transaction with a company but the application of the rule does not give power to a person to rely on it in an unreasonable manner. This means that in situation where a reasonable person would have the idea of making an inquiry due to the suspicion incurred by him, he has to make that inquiry and cannot merely rely upon the application of this rule. The inquiry has to be made towards the verification of the authority of the person who is purporting to act on behalf of the organization. The circumstances in which an inquiry would have been made by a reasonable person had been duly discussed in the famous case of E.B.M. Co. Ltd. v. Dominion Bank (1937) 3 All ER 555. In this case the judge ruled that an inqury has to be made by a reasonable person on the basis of the very nature of the dealing he is entering into even in circumstances where such person is in no special relationship with the company. These provisions have been also successfully discusses and applied in the case of A.L. Underwood Ltd. v. Bank of Liverpool (1924) 1 KB 775. The rule had been adjudged to be inapplicable in situation where there was an element of forgery as duly discussed in the case of Kreditbank Cassel G.m.b.H. v. Schenkers (1927) 1 KB 826. In this particular case the judge had made a ruling that the doctrine of making assumption can be applied in circumstances which have the element of irregularity which may have had an impact on the dealing otherwise in a bona fide manner and the application is strictly prohibited in situation where there is an element of forgery. Another case which such provisions were applied is the case of Ruben v Great Fingall Consolidated (1906) AC 439. However there are circumstances in which forgery cannot be utilized as a proper exception to the Indoor management rule. These have been stated through the case of Uxbridge Permanent Benefit Building Society v. Pickard (1939) 2 KB 248. Here the court had held the organization liable even where the agent had indulged into a transaction though fraud. The point which has to be however noted in relation to this case is that there was no common seal of the organization which had been used for the purpose of getting into the transaction. In situation where the very authority or power of the officer acting on behalf of the organization is subjected to the risk of being delegated under the provisions of the articles of association the indoor management rule can be applied. The reasoning had been provided by the judge in Houghton and Co. v. Nothard, Lowe and Wills (1927) 1 KB 246. It was further added to by the judge while making this ruling that the transaction entered into by the organization would be binding on a the company even in situation where the officer has acted beyond the authority provided to him until the third party had the knowledge of such authority being exceeded or no authority existing or having a reason to make further inquiry. The indoor management rule had been held to be subjected under the principles of the law of agency as ruled in the case of Crabtree-Vickers Pty. Ltd. v. Australian Direct Mail Advertising and Addressing Co. Pty. Ltd. (1975) 133 CLR 72, in addition the applicability of the rule depends upon the ostensible or actual authority of a person who purports to act on the companys behalf. The transaction in relation to this case had been held as not binding the organization if it has been prohibited by the constitution. Although the case did not make a ruling in relation to transaction involving the use of the common seal these provisions are no longer applicable as per section 124 of the Corporation Act. Where any director or officer of the organization has been found to negligent in relation to their duties they cannot uses such negligence as a shield to evade the application of the indoor management rule. This reasoning in favor of the application of the rule had been given by Bank of Ireland v. Evans' Trustees (1855) 5 HLC 389 (10 ER 950). In this case the secretary had committed fraud to enter into a dealing to by using the common seal of the company. He got access to the seal due to the negligence of the director. The court held that the dealing is binding on the company. Application The issues in relation to the case have already been identified which is the application of the indoor management rule. The above discussed rules suggest the situation in which the indoor management rule can be applied and disregarded. These rules have to be applied to the facts of the case in order to come to an reasoned conclusion. In this case the registrar general had allowed a mortgage in relation to a transaction which has not been entered into by the organization (NORTHSIDE DEVELOPMENTS PTY. LTD) in a proper manner. The transaction has been approved by a person who purported to act as the company secretary of the company but in reality he was not. In this situation there was alleged knowledge on the part of the director that there was some kind of discrepancy in relation to the authority of the company secretary. As per the indoor management rule it can be stated that the third party who is the registrar has the right to make an assumption with respect to the transaction that the person acting on behalf of the company has complied with all requirements in relation to internal management of the organization. the person is deemed to have authority in the given situation by the third party as per the --- case. However there are various exceptions to this rule, these exceptions thus have to be applied in the given facts of the case. The first exception which is going to be applicable is Morris v. Kanssen. Here the primary reason for the non applicability of the indoor management rule was that where a reasonable person would have the idea of making an inquiry due to the suspicion incurred by him, he has to make that inquiry and cannot merely rely upon the application of this rule. The inquiry has to be made towards the verification of the authority of the person who is purporting to act on behalf of the organization. in this situation the transaction has been approved by a person who purported to act as the company secretary of the company but in reality he was not. In this situation there was alleged knowledge on the part of the director that there was some kind of discrepancy in relation to the authority of the company secretary. Thus it was the duty of the registrar general to make an add itional inquiry in relation to the authority of the company secretary which was actually not done in this case. Further it can be stated that the registrar general attempted to rely on the rule in an unreasonable manner and thus the application of the rule in the given situation would not be fair. Through the application of the principles which have been stated above in the case of Kreditbank Cassel G.m.b.H. v. Schenkers it can be determined that the rule cannot further be applied. This is because the assumption which had been made by the respondent in this situation was not carried out in good faith. In addition through the application of Ruben v Great Fingall Consolidated where it had been stated that doctrine of making assumption can be applied in circumstances which have the element of irregularity which may have had an impact on the dealing otherwise in a bona fide manner and the application is strictly prohibited in situation where there is an element of forgery, it is evident that the application of the indoor management rule should not be done in this case. There was clear evidence which was present in this case which suggested that there was an attempt to appoint the son of the director in the position of the company secretary of the company. The person was thus actually not the company secretary of the company when the dealing had actually been entered upon into. Thus the court will be correct in relation to the findings that the dealing has not been properly conducted in terms of execution of the documents and thus is invalid. In addition a reasonable person who had the knowledge about such situation in the position of the respondent would have taken addition measures to verify or make inquiries in relation to the authority of the company secretary. Conclusion Thus in the given situation it can be evidently concluded through the application of the above discussed rules that the application of the indoor management rule in this case to protect the respondent should not be done. References A.L. Underwood Ltd. v. Bank of Liverpool (1924) 1 KB 775 Bank of Ireland v. Evans' Trustees (1855) 5 HLC 389 (10 ER 950) E.B.M. Co. Ltd. v. Dominion Bank (1937) 3 All ER 555, Kreditbank Cassel G.m.b.H. v. Schenkers (1927) 1 KB 826. Morris v. Kanssen (1946) AC 459 Rolled Steel Ltd. v. British Steel Corporation (1986) Ch 246 Ruben v Great Fingall Consolidated (1906) AC 439 The Royal British Bank v. Turquand (1856) 6 El. and Bl. 327 (119 ER 886).

Reconstruction Success or Failure Essay Example For Students

Reconstruction: Success or Failure? Essay February 25, 2004 U.S. History Period 4 After the Civil War the United States was at a difficult point in its history. There were many controversial issues that were yet to be resolved, and many people with a number of different opinions on how things should be settled. Due to this, the nation was forced into a period of reconstruction to help shape the country as a whole, and work to settle problems that remained unresolved. The Reconstruction Period following the Civil War was overall a success. By the end of this time, the country was reunited and moving rapidly towards industrialization. Individual freedoms and equal treatment before the law was set for all Americans. Although, like anything else, it had both positive and negative effects, however the positive aspects out shined the negative. The Civil War was fought to free slaves, and to help them redeem their independence. However, by the end of this struggle there was a distinct line between whites, and blacks. Reconstruction was called upon to aid the country in deafening that lone and uniting the nation as a whole, and not separate sections. At this time many conflicts were in need to be resolved. For example, because slaves had never known the feeling of freedom before they had no where to go or work, it was almost over whelming. Segregation and racism also came into action. During this time many of those issues were touched upon in positive ways. The thirteenth, fourteenth, and fifteenth Amendments were all added to the Constitution for the benefit of this country. The thirteenth Amendment, which was perhaps the most important, assured freedom to all African Americans, Native Americans and many other various races of people by banning slavery. The fourteenth Amendment provided a constitutional basis for the civil rights act, making all persons born or naturalized in the United States. The fifteenth Amendment was added to the constitution, stating that no one could kept form voting due to their race, color, or previous condition of servitude. These constitutional changes had a very positive effect on the United States in the long run. They assisted a large portion of the nation and helped people get up on their feet, and start their lives over again. Although overall reconstruction was a very good thing it also had negative effects. Three things that stand out as the leaders were struggling to rebuild this nation include, the Klu Klux Klan, Black codes, and Jim Crow laws. The Klu Klux Klan basically defined racism. It was a group of people strictly against blacks, who publicly displayed their hatred towards them. Black codes were another negative outcome; they were a series of laws that tightly restricted blacks from many things such as, carrying weapons and traveling with out a permit. These laws went hand in hand with the Jim Crow laws, which also restricted blacks from various things. The Jim Crow laws were designed to separate blacks and white in public places, magnifying segregation. It considered things separate but equal when in reality it was only separate and in many ways far from equal. Although, as previously stated, there were a number of negative effects from Reconstruction, there were also many positive things that came from it. The constitution was amended freeing blacks, and although it took time before they were freed to full extent, with out reconstruction they would not have been free at all. .