Monday, December 23, 2019

Sustainable Architecture Meeting the Needs of this...

Sustainable architecture is a specific kind of design which focuses on meeting the needs of these generations without compromising the needs of those generations to come. Architects from around the world have become aware of the impact that society has on the environment, and have created sustainable architecture in order to help preserve the environment, but at the same time, create comfortable spaces that are ideal for living and are aesthetically pleasing. This innovative architecture has attracted many architects from all over the world, in order to implement these new structures into every day life. Despite the different climates and conditions around the globe, sustainable architecture can be developed in order to satisfy the needs†¦show more content†¦The summit at Rio de Janeiro was a wake up call for the metropolises. It was necessary to develop in such a way that it was not so invasive on the environment. According to the Brundtland Report: â€Å"in developing cou ntries few municipal governments possess the necessary amount of energy, resources, and qualified staff to supply the rapidly increasing population with the services and utilities indispensable to a decent human life† (Gyorgy Kunszt, Sustainable Architecture, 6). It is because of such conditions that illegal constructions have taken place, in order to satisfy the needs of the rapidly increasing population. However, this does not mean that the constructions are adequate either for the environment or for a human being. After analyzing important documents such as the Brundtland Report, the summit at Rio de Janeiro became crucial in the development of the idea of sustainable architecture and development. The guidelines for these ideas were under the title of â€Å"Tasks for the 21st Century†. The bases for what are today’s sustainable architectural standards are located in this document. The achievements at the Rio de Janeiro Conference were crucial in order to begin changing the ideas that had been established and changing them into what would be considered the beginning of a new age in architecture. Sustainable architecture is one of the small steps mankind is taking in order toShow MoreRelatedGreen Building Practices Plan And Its Effect On The Ecological Effect Of Building2548 Words   |  11 PagesGREEN BUILDINGS 3 2.1 LIFE CYCLE ASSESMENT 3 3. GROWTH OF GREEN BUILDINGS IN INDIA 4 3.1 GREEN BUILDING MAKES GOOD BUSINESS SENSE 4 3.2 MARKET TRANSFORMATION 4 3.4 INCREASED MARKET POTENTIAL FOR GREEN BUILDING PRODUCTS AND TECHNOLOGIES 5 4. WHY DO WE NEED TO INVEST IN HIGH-PERFORMANCE GREEN BUILDINGS? 6 4.1HOW DO GREEN BUILDINGS IMPROVE BUSINESS? 6 4.2 COMPANIES INCORPORATING SUSTAINABILITY PERFORM BETTER 7 4.3 BUILDING GREEN INCREASES PROPERTY VALUE AND REDUCES LIABILITY RISK 7 4.4HIGH-PERFORMANCERead More Sustainability in Furniture Essay example2922 Words   |  12 Pagesevery day and we continue to discover new and innovative ways to better our quality of life. A trend that everyone seems to be focused on is saving the environment, which is also known as sustainable living. Not only does this apply to our lifestyle and environment, but it also translates into design. Sustainable living is becoming more popular around the world and is a lifestyle using skillful and sensitive design. It eliminates negative environmental impact and requires renewable resources. 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Sunday, December 15, 2019

Salomon v A. Salomon Ltd Free Essays

This essay argues that the doctrine of ‘separate legal personality’ confirmed in the case of Salomon v A. Salomon Ltd though greatly diminished in importance by numerous judicial and statutory exceptions, remains bedrock English company law. The essay explains the meaning and origin of the doctrine before discussing the various judicial and legislative exceptions to it. We will write a custom essay sample on Salomon v A. Salomon Ltd or any similar topic only for you Order Now With the help of decided cases, the essay shows how the doctrine has been eroded. It is concluded that despite these numerous exceptions, the core of the doctrine remains intact and hence it would be wrong to assert that the doctrine has been ‘fatally undermined. To support this assertion, cases where the courts have refused to lift the veil and those were the veil has been reluctantly pierced due to the need not to depart from the doctrine are highlighted. Introduction This essay analyses the current legal standing of the cardinal doctrine of ‘separate legal personality’ as applied in English law. Arguably, though the doctrine has been greatly undermined by exceptions that allow for ‘lifting the corporate veil’ (Wild and Weinstein, 2011), it remains bedrock English law. The exceptions developed by courts and the legislature have indeed severely undermined the doctrine but not fatally. Rather than expand exceptions, the courts have in some instances instead abandoned some exceptions, notably, the ‘interests of justice’ exception (Moore, 2006). The doctrine The doctrine of ‘separate legal personality’ originated in the 1844 Joint Stock Companies Act. It was later articulated in Salomon v A. Salomon Ltd [1897]. Also known as the ‘Salomon doctrine’, the doctrine requires properly incorporated companies to be regarded as autonomous legal persons in its own right, capable among others of bearing rights and obligations (Moore, 2006). The doctrine applies to protect shareholders in the event of liability (Hannigan, 2009; Dignam and Lowry, 2010; Wild and Weinstein, 2011; Macintyre, 2010). English courts have over the years been keen to uphold the cardinal doctrine. The exceptions The exceptions to the doctrine were either developed by the courts or by statute. Mere sham or fa?ade This is the most established and clear judicial exception to the Salomon doctrine. It was applied in the case of Gilford Motor Co Ltd v Horne [1933] Ch. 935 (CA) where an ex- employee sought to avoid being bound by a restrictive covenant. The court found the ex-employee’s company to be a sham intended to achieve an illegal purpose. Several cases have applied this exception to the extent that it can be said to be the deepest incision into the separate corporate personality doctrine (Jones v Lipman (1962). In contrast, in Ord v Belhaven Pubs Ltd [1998], court affirmed its power to pierce the veil but there was no evidence to show that the company was a mere sham. Arguably, the exception is in line with general public policy not to enforce fraudulent activities and to facilitate avoidance of existing legal obligations (Hannigan, 2009). Due to the nature of what it protects, it would be wrong to argue that this exception fatally undermines the Salomon doctrine. Laws need to be rea d in harmony with each other. Agency This exception is used to lift the corporate veil where it appears that a subsidiary company is in fact carrying on business simply as the agent of the parent company to avoid existing legal obligations. This exception was applied in Smith, Stone Knight Ltd v Birmingham Corp [1939]. However, the same principle was found inapplicable in the case of Adams v Cape Industries plc [1990]. Court declined to pierce the corporate veil merely because the shares are in the control of one shareholder or even where the corporate structure has been used to avoid future potential liability that could otherwise be incurred by a parent company. Court stated that the Salomon doctrine was in fact inherent in English corporate law. Single economic unit exception The Adams case reasserted the separate corporate personality principle by rejecting the single economic unit exception that had been applied by Lord Denning in DHN Food Distributors Ltd v Tower Hamlets (1976). Lord Denning’s approach had in fact directly been attacked by the House of Lords in the case of Woolfson v Strathclyde RC (1978). So with regard to future liabilities, the doctrine of separate legal personality stands not fatally undermined. However, with regard to already acquired legal rights, the courts can greatly undermine the doctrine as happened in Re a Company [1985], and in Trustor AB v Smallbone and Kensington International Ltd v Republic of Congo [2006]. Protecting the public interest to avoid trading with ‘enemy aliens’ The courts have had to ignore separate corporate personality by lifting the corporate veil to avoid trading with alien enemies during periods of war (Daimler v Continental Tyre and Rubber Co. [1916]). This confirms that the doctrine of separate legal personality is not sacrosanct. Nevertheless, it does not support the assertion that the doctrine has been fatally undermined. Statutory law: taxation, insolvency, employment and others The most near fatal undermining of the Salomon doctrine is provided by statutory law. The companies Act, the Insolvency Act 1986, taxation legislation are key examples. Re H [1996] was a taxation case where actually the sham or facade exception was deployed. Under the Company Directors Disqualification Act 1986, directors who act while disqualified will be jointly and severally liable cannot rely on the Salomon doctrine to avoid liability. The Insolvency Act 1986 provides for lifting of the veil in situations of fraudulent and wrongful trading (section 213 and 214 respectively). Further, under the Companies Act 2006, Plc company directors trading without a trading certificate are personally responsible despite the separate legal personality. The Employment Rights Act 1986 protects continuous employment where employees are transferred from one subsidiary company to another within a group (Dignam and Lowry, 2010, p. 32) by treating separate entities as one. Tortious liability exception English courts have allowed lifting of the veil in order for a claimant to sue a holding company for tortious acts of a subsidiary. In Connelly v RTZ Corporation Plc (1988), the dissenting Judge vouched strongly for the separate legal personality doctrine. Accordingly, this principle remains a major principle that it cannot easily be swept under the carpet through piercing of the veil. (Lubbe v Cape Industries Plc (2000). Conclusion The doctrine articulated in the case of Salomon v A Salomon Co. Ltd is very much alive and respected in English company law despite the many exceptions imposed both by the courts and statute. Courts zealously uphold the doctrine except in certain factual situations where they have either pierced the corporate veil or declined to do so citing concerns over the Salomon doctrine. Legislative interventions are the greater threat to the doctrine. However, the doctrine’s core remains a backbone of company law in England. In conclusion, the doctrine has not been fatally undermined. References and bibliography Dignam, A. Lowry, J., â€Å"Company Law†, Oxford University Press ( 2010) Griffin, S., â€Å"Company Law: Fundamental Principles†, Pearson, (2006) Gower, D., and Davies, â€Å"Principles of Modern Company Law†, Sweet and Maxwell, (2008) Grantham, R.B. Rickett, E.F., â€Å"The bootmaker’s Legacy to Company Law Doctrine, in Grantham, R.B. and Reckitt, E.F. (eds.), Corporate Pesrsonality in the 20th Century, Hart Publishing (1998) Hanigan, B., â€Å"Company Law†, Oxford University Press, (2009) Kenton, M., and Walker, M.,†Antonio Gramsci Shipping Corp v Stepanovs, Case commentary, [2011] Company Lawyer 274 Macintyre, E, â€Å"Business Law†, Pearson (2010) Maughan, B and Copp, S., â€Å"Piercing the corporate veil†, N.L.J. 1998, 148(6846), 938-940 (2006) Moore, M â€Å"A temple built on faulty foundations†: piercing the corporate veil and the legacy of Salomon v Salomon†(2006) JBL 180 Morse, G., â€Å"Charlesworth’s Compnay Law†, Sweet and Maxwell (2005) Muchlinski, P., â€Å"Limited Liability and Multinational Enterprises: a case for reform?(2010) 34 cambridge Journal of Economics 915 Rixon, F.G., â€Å"Lifting the veil between Holding and Subsidiary Companies†[1986] LQR 415 Wild, C., and Weinstein, S, â€Å"Smith and Keenan’s Company Law†, Pearson, (2011) Cases: Adams v Cape Industries Plc [1990] Ch. 433 (CA (Civ Div)) Apthorpe v Peter Schoenhofen Brewing Co 4 T.C 41 (CA) Connelly v RTZ Corporation Plc (1998) 854 Creasey v Breachwood Motors Ltd [1992] B.C.C. 638 (QBD) Daimler Co Ltd v Continental Tyre Rubber Co (Great Britain) Ltd [1916] 2 A.C. 307 (HL) DHN Food Distributors Ltd v Tower Hamlets (1976) 3 All E.R. 462 Gilford Motor Co Ltd v Horne [1933] Ch. 935 (CA) Gramophone Typewriter Ltd v Stanley [1908] 2 K.B. 89 (CA) Jones v Lipman [1962] 1 All E.R. 442 Kensington International Ltd v Republic of Congo [2006] 2 BCLC 296 Lubbe v Cape Industries Plc (2000) 1W.L.R. 1545 HL Ord v Belhaven Pubs Ltd [1998] 2 BCLC447, C.A. Re a Company [1985] BCLC 333, CA Re H and others [1996] 2 BCLC 500 (CA) Salomon v A. Salomon Co Ltd [1897] A.C. 22 (HL) Smith, Stone Knight Ltd v Birmingham Corp [1939] 4 All ER 116 Trustor AB v Smallbone [2001]2 BCLC 436 Tunstall v Steigmann [1962] 2 Q.B. 593 (CA) V.T.B. Capital PLC v Nutritek International Corp [2011] EWHC 3107(Ch)(Ch.D) Woolfson v Strathclyde RC 1978 S.C. (H.L.) 90 (HL) How to cite Salomon v A. Salomon Ltd, Essay examples

Saturday, December 7, 2019

Ap English Certainty vs/ Belief free essay sample

Certainty Certainty is the belief in yourself that you can empower anything. Doubt is the fear of failure and is what the mass majority are overcome with. Certainty is the inner strength that everyone has, Just not many want to express, that is why there are leaders and followers, strong and the weak, living and the dead. With inner strength your capabilities are limitless but when there is doubt, there is nothing. Doubt is one obstacle in a world filled with a plethora of them.Doubts are what control you from succeeding, they hold you back, tie you down , and strangle you from what you want , ND Just in the final seconds when your pulse lowers, your blood circulation is stopping , and you feel your hand trembling out of the fear, you grasp onto the only thing you have left , certainty. Certainty is your life support, its all you have left to live for, you cling onto and your ride through the storm on certainties back. We will write a custom essay sample on Ap English Certainty vs/ Belief or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Its in that moment when you realize your life is ahead of you, and youre certain of that. Doubt is your glutinous sin, and Satan is its master.You have to break free from its reins all that youve ever known and cling to certainty. With certainty youre either in or youre out. There is no equilibrium that you can find. Certainty Is having 100% faith In something. It is the same as life, if you are certain with your life you are successful and can move mountains; doubt makes you weak and you are succumbed by the Leaders like this were Aristotle, a philosopher In physics, Benjamin mountains. Franklin, the inventor of electricity, and more modern leaders such as FAR, and , Bill Gates, Steve Jobs. They saw the world through eyes of certainty.Certainty gave them the power to discover a new world. They took what others saw as Impossible and made it possible. There was never a doubt In their mind that they wouldnt conquer. Doubt overcomes many In the world today and It really Is Like an epidemic. Many doubt themselves before they try. This creates the 80% of the world and the 20%. The 80% are those consumed In doubts about their lives, but the 20% will conquer the world If they had the means. Certainty Is the only Inoculation for doubt. Take a little bit of certainty since there Is much to go around and achieve what you never thought possible.