Self Reflection Mbti Type

Self Reflection: Myers-Briggs Type Indicator Christopher Wright Seton Hill University Principles of Management, SBU 180-98, ADP Session 2 Lyzona Marshall, 10/15/12 Who are ENTJ’s? ENTJ’s are one of sixteen personality types, making up about 3-5 percent of the American public. ENTJ’s are Extroverts, Intuitive, Thinking, Judging personality types. They tend to be natural leaders, who make decisions based upon objective analysis, weigh pros versus cons, arriving at logical decisions.They often express opinions, messages, directions, plans, and goals clearly. ENTJ’s like to get right to the point without any unnecessary outside noise. Business leaders who are ENTJ’s are effective in communicating the company’s goals and direction, setting the standard by which expectations are measured. These types of leaders think big picture, what is going to happen in future and how do I need to plan for it, not getting caught up in the now.What do the letters ENTJ mean and what are the associated pros and cons with the individual letters as a manager? E – Extrovert. An extrovert could excel in negotiation, while they could be a hindrance in conflict resolution. N – Intuitive. Intuitive thinkers would help in business development but would slow down analyzing financial statements. T – Thinking. Thinking types would help in analyzing headcount to cost ratio but would hinder discussion in performance reviews with employees. J – Judging.Judging types would benefit business expansion or project management but would interfere with analyzing costs. Some additional pros and cons associated with ENTJ’s are critical thinkers, planners (plan for everything, including back up plans), level headed (ability to stay calm in a crisis or stressful situations), calculated risk takers, orderly, self centered or arrogant, trouble expressing affection, opinionated or stubborn, set unrealistic expectations, hasty decision m aking, critical of incompetence or inefficiency, not free with compliments.An ENTJ is a leader, direct approach type. They are big picture thinkers, identify potential problems, and create a plan to change those problems. However, ENTJ’s must develop their Intuitive and Thinking skills or they run the risk of not being able to apply logic to their ideas. This could lead an ENTJ to become dictatorial and abrasive.

Hurdles Impeding Development of Pakistan Essay

Scarred from birth, Pakistan’s quest for survival has been as compelling as it has been uncertain. Pakistan cycled through a number of phases of development through its beginning Political, Social and Economic crises. The politicians were corrupt, interested in maintaining their political power and securing the interests of the elite, so to have them as the representative authority did not provide much hope of a democratic state that provided socio-economic justice and fair administration to all Pakistani citizens. Ranging controversies over the issue of the national language, the role of Islam, provincial representation, and the distribution of power between the center and the provinces delayed constitution making and postponed general elections, thus putting Pakistan into a certain situation of uncertainty right from the start. Poverty Poverty remains a serious concern in Pakistan. A large segment of the population lives in poverty. According to the rebased GDP numbers, the per capita income comes to US$720. Poverty rates, which had fallen substantially in the 1980s and early 1990s, started to rise again toward the end of the decade. More importantly, differences in income per capita across regions have persisted or widened. At the time of independence Pakistan suffered an unjust wealth distribution which marked its development or a long time. Pakistan has grown much more than other lowincome countries, but has failed to achieve social progress commensurate with its economic growth. The educated and well-off urban population lives not so differently from their counterparts in other countries of similar income range. However, the poor and rural inhabitants of Pakistan are being left behind. For example, access to sanitation in Pakistan in rural areas is 30% lower than in other countries with similar income. Solution & suggestions to this issue is †¢ Alternate means of energy production, like solar lights, neculer energy other minerals †¢ Small loans and small business (e. g Greaming bank in Bangladesh who give small loans start from a small village and now its owner got noble price for his ideas and polices in micro economics) †¢ More evelopment projects from government specially focus on their maintains & consistence. India – A constant threat Pakistan has also been burdened by full-scale wars with India, a strategically exposed northwestern frontier, and series of economic crises. It has difficulty allocating its scarce economic and natural resources in an equitable manner. All of Pakistan’s struggles underpin the dilemma they face in reconciling the goal of national integration with the imperatives of national security. Peace in this region of the world is sorely needed; but he process is easier said than done. Many obstacles internal and external continue to impede the progress of peace. Solution & suggestions to this issue is †¢ Encourage peace and peace talks with India †¢ Break the ideology of HINDU’S are like this and that (BANIYA etc ) Sad State of Judiciary Under the leadership of General Pervez Musharraf, the military has claimed its central position in Pakistan’s state structure and political scene. Similar to the present situation Judiciary has never been free to operate in Pakistan. The judiciary of Pakistan has abdicated their duty to protect the laws as well as the citizens of the country. The concept of a totally controlled judiciary was achieved by the rulers or ruling parties. Several judgments by the High Courts and Supreme Courts have shown how well the objective has been achieved. Even the Supreme courts are not independent. For example, Governor of Sindh, Mr. Isharat ul Ibad was behind the bars few days before he took the oath, all cases vaporized in air. The accountability cases against Nawaz Sharif and Benazir are also ridicule to the system. Culture Differences The ruins of ancient civilizations at Mohenjodaro and at Harappa in the southern Indus Valley testify to the existence of an advanced urban civilization that flourished in what is now Pakistan in the second half of the third millennium BC during the same period as the major riverain civilizations in Mesopotamia and Persia. This area has on the course of time seen almost every sort of government from democracy to monarchy, has been invaded a number of times, settled and resettle. Solution & suggestions to this issue is †¢ Should be according to local and domestic values, norms and practices Language Issues Despite the shared religion of its overwhelmingly Muslim population, Pakistan has been engaged in a precarious struggle to define a national identity and evolve a politico economic system for its linguistically diverse population. Pakistan is known to have over twenty languages and over 300 distinct dialects, Urdu and English are the official languages but Punjabi, Sindhi, Pashtu, Baluchi and Seraiki are considered main languages. This diversity has caused chronic regional tensions and successive failures in forming a constitution, laws and finally a mutually shared mode of living. Although Urdu was nominated as Pakistan’s National Language yet the number of people speaking URDU as a mother tongue was very low. This generated a huge gap between the common people of the country and its systems. It is an irony that a vast majority of Pakistan’s population can’t understand it own National Anthem, by viewing this, its easy to view the barriers which every person in Paksitan has faced in order to form a link with its systems and structures thus contributing little to the development. Solution & suggestions to this issue is †¢ Focus on regional language , should be taught at least till primary level Tribal and Provincial Issues The government’s perceived bias towards Punjab, the country’s most affluent province, has caused disgruntlement amongst the underdeveloped yet resource rich provinces. This bias has contributed to an escalating rebellion by tribal militias in Baluchistan. Militias have been engaged in guerrilla warfare with the Pakistani army, whose resources are already stretched between counter-terrorism activities and Kashmir. Tribal militias have been sabotaging strategic infrastructure, such as natural gas lines. Muslim extremism and sectarian violence are fundamental threats to Pakistan’s political stability. Sunni-Shi’a violence along with frequent anti-western street protests and violence are common, particularly in Karachi. Pakistani forces have also been largely unable to defeat Taliban militants who operate with impunity in the areas bordering Afghanistan. FATA is such a great example of military failure, an area with in the country but out of the reach from the countrymen even the military. The militants have such a strong hold that they can every handled on their own terms, they are well equipped as well as informed, as seen in latest events, it seems as if Bugti tribe was as equipped as the Army itself. Religion and Sectarian issues Pakistan’s political instability over time has been matched by a fierce ideological debate about the form of government it should adopt, Islamic or secular. In the absence of any nationally based political party, Pakistan has long had to rely on the civil service and the army to maintain the continuities of government. It was a daunting task to build a nationstate whose peoples had only one uniting factors—their abiding faith in Islam. Other than that, there was nothing to bind them together as a nation. Subsequent political developments in Pakistan clearly showed that even the â€Å"abiding faith in Islam was merely a mirage,† not a solid factor of integration and development as there is a list of sectarian Issues Pakistanis are suffering from. Geographical issues Following a military defeat at the hands of India the breakaway of its eastern territory, which India divides it from, caused the establishment of Bangladesh in 1971. This situation epitomizes the most dramatic manifestation of Pakistan’s dilemma as a decentralized nation. All forms of developments in Pakistan continue to be marred by provincial jealousies and, in particular, by the deep resentments in the smaller provinces of Sind, Baluchistan, and the North-West Frontier Province against what is seen to be a monopoly by the Punjabi majority of the benefits of power, profit, and patronage. Constitution Discrimination & Minorities Rights Pakistan is perhaps the most notorious political enigma in the second half of he 20th century. Perhaps, the most lamentable feature of our existence as a nation is that we do not know what we are. National identity is not primarily definable in terms of a people occupying a sovereign geographical territory. Existentially, identity is premised on ideology and social values. Both are noticeably in abeyance in Pakistan. This is a state without ideological ballast, without a lodestar. The people who are being called minorities, how we can expect loyalty from them after the treatment they are given? In history we see Hindus were under Muslim rule for so long yet the first chance they got they joined British, the reason was only that they had no loyalty to the state. If in Pakistan the minorities would keep receiving such treatment there is not much less hope of any loyalty to the state either. Human Rights Pakistan remains heavily dependent on the United States for economic and military aid. The U. S. has notably failed to press for human rights-related legal reform in the country, in exchange for Pakistan’s support in the U. S. led â€Å"war on terror. â€Å" For its part, the government of Pakistan has excused its failure to uphold human rights and the rule of law by citing domestic political pressure from hard-line religious groups and militant organizations. Pakistan’s record of ratifying principal international human rights treaties remains poor. To date, it is signatory to only five international conventions, and has signed neither the International Covenant on Civil and Political Rights nor the International Covenant on Economic, Social and Cultural Rights.

Theory, Operationalization, and Observation Essay

Theory, Operationalization, and Observation - Essay Example Scientists have to oversee their operation definitions so as to guarantee the efficacy of their observation, measurement, and communication. In order to test any hypothesis, scientists must specify the meanings of all the variables involved in the hypothesis. For instance, in the stated example, the variables encompass social class and delinquency. Variables refer to operationalized versions of concepts. In order to operationalize the variables, delinquency may be defined as â€Å"an event of being arrested by law enforcement for a crime,† while social class may be conceived in terms of family status or income levels. After the variables definition, the next step entails specifying the mode to be utilized in measuring the variables (Somekh & Lewin, 2005). In the example, the variables may be operationalized in the form of questions such as â€Å"have you ever stolen anything?† The respondents who say yes will be categorized as delinquents, while the respondents who answer no will be categorized as non delinquent. Social class can be operationalized by posing the question â€Å"what was your family’s income last year?† The answer is measured against a set of provided family income categories. The operationalized hypothesis from the stated example can be expressed as the highest incidences of delinquents manifest among respondents bearing the lowest family income category. Observation denotes looking at the world and making measurements based on the observations. Observation details specifying the precise operations involved in measuring variables and incorporate aspects such as seeing, hearing, and touching. Observations can be conducted to test a certain hypothesis or plainly observe and describe some activity. The researchers first employed the theories explaining the dominant role that socioeconomic status play in sociological explanations of delinquency. In operationalizing the

Annotated Bibliography Essay Example | Topics and Well Written Essays - 500 words - 23

Annotated Bibliography - Essay Example She emphasizes that the interpretation of violence in films can take multidimensional interpretation methods. In a case of the photo, Kony Make Him Famous 2012 it is evident that violence in films have the ability to stimulate the viewers since the violence contains both repulsive and sympathetic elements. Jeffrey Cohen argues that the monster theorists in formulating the symbolic expression theories regarding cultural uneasiness put the freaks, demons, fiends, and beastly creatures into consideration. Cultural uneasiness contributes to social pervasion and shapes a society’s collective behavior. In analyzing the Kony Make Him Famous 2012 photo, it is important to note that, Kony, the rebel leader is considered a beast, monster, and a social horror to the people of northern Uganda. People allover the world regard the man as heartless and according to monster theorist, he is a main source of cultural uneasiness. According to these theorists, Kony as a source of Cultural uneasiness, contributes to social pervasion and shapes a society’s collective behavior. The author illustrates how the society can influence the life of an individual. Children social up bringing determines their future life. The social environment in which a child is raise on determines the social life of that child. In Uganda Joseph Kony’s Lord’s Resistance Army militant group, affects the lives of many children in that region. Many children are force to join the illegal militia groups thus preventing them from enrolling in schools. Life in the war torn society has created children, men, and women to be animals. Young boys are taught not to cry when hurt no matter the pain they undergo. According to the militia when a cry he looks sissy. The society teaches boys how to take pain is a badge of courage and honor. This is in preparation for their future life where boys are not supposed to let their emotion out in public. The

Your Rights in the Workplace Essay Example | Topics and Well Written Essays - 750 words

Your Rights in the Workplace - Essay Example Most of these individuals have problems affiliated with their work environment, which they wish to address, allowing them to operate efficiently and effectively in their places of work. For instance, I have come across situations whereby some people are not selected for certain jobs just because of their race or because they have some form of disability. In other instances, employers tend to promote having fewer skills to address certain positions and leaving the qualified candidates without work. Some individuals are forced to work for long hours without being awarded overtime, while others are denied leave to take care of their loved ones. I believe also that when most employees are laid off, they are unaware as to whether they have any rights to claim their jobs back or seek unemployment for the time they have been unemployed. Furthermore, some workers do not know whether they have rights to evaluate the jobs offered to them and request better policies. These kinds of unjust pract ices in organizations are inappropriate and the law condemns them. Based on the diverse malpractices that organizations embark on, which subject employees to hardships in the workplace, it is ideal to note that these issues prevail because a large number of employees are unaware of the legal approaches they should follow to cope with such situations. Most employers also take advantage of these situations without wanting their employees to understand the laws that safeguard their interests in the workplace.

Asthma Essay Example | Topics and Well Written Essays - 1500 words

Asthma - Essay Example Industrialization has not only influenced lifestyles, environmental changes but also predisposed alteration in genes as individuals are now exposed to numerous environmental agents encompassing tobacco, smoke, pollen etc (Gilmour et al., 2006). These factors contributed to the augmented frequency of asthma. According to Umetsu and Dekruyff (2006), numerous research studies reveal that avid T-helper 2 (Th2)- driven responses results in asthma proliferation. CD4+ T cells making Th2 cytokines play an imperative role in lungs of asthma patients. The chief reason is interleukin-4 (IL-4) and IL-13 augments the level of (immunoglobulin E) IgE whereas IL-4, IL-9 and IL-10 augment mast cell proliferation, IL-5 enhances eosinophil accretion while IL-9 and IL-13 directly cause mucus hyper-secretion and airway hyperactivity (Umetsu and Dekruyff, 2006). These studies highlight the fact that allergy and asthma are compound genetic attributes, however in the proliferation of asthma numerous environmental factors encompassing allergens and pollutants play an imperative role. These act as stimulating factors and trigger genes to influence the propagation of asthma. It is evident that every individual is exposed to the allergens and other triggering agents but the condition of asthma is observed only in some sensitive individuals, underlining the importance of interaction between environmental and genetic factors in the development of asthma condition. Other preventive mechanism involves immunological factors that play the necessary role in preventing allergic and asthma condition needs further exploration (Umetsu and Dekruyff, 2006). Signs & Symptoms Coughing, wheezing, congestion or tightness in chest and difficulty in breathing or shortness of breath. Etiology According to Yeatts et al., (2006), reports are available displaying numer ous windows of exposure present the onset of asthma condition. These conditions may be witnessed right from the fetal stage in utero condition, which is directly influenced by the timing of T-cell memory programming as well as genetic predispositions to such conditions especially in case of atopic parents because of underdeveloped immune system of the fetus. Maternal smoking (includes nicotine and carbon monoxide which diminishes blood cytokine levels, stiffens the uteroplacental circulation and augments the discharge of catecholamines, a direct implication on fetal breathing movements), consumption of alcohol during pregnancy drastically influence the development of asthma, followed by the condition of obstetric complications and elective cesarean section. Asthma during childhood is attributed in 80% of the cases to genetic susceptibility where males show 2-4 times greater frequency as compared to the females. In adults asthma is attributed to the environmental conditions, lifestyl e, smoking habit and occupational hazard. As the age progresses exposure to environmental conditions and also occupational hazard increases which may augment the chances of asthma proliferation (Yeatts et al., 2006). According to Khetsuriani et al, (2008), there is a relationship between human rhinovirus (HRV) and asthma. Molecular characterization methodology was adopted in the study to examine HRVs in asthma cases.

Informal interview Research Paper Example | Topics and Well Written Essays - 750 words - 1

Informal interview - Research Paper Example As human resource personnel, Mayjelyn had already encountered different people, personalities, characters, attitudes and more. Moreover, she already faced various challenges and opportunities as human resource development officer in the different companies she worked with. She is a graduate of Bachelor of Science in Psychology. She took up this degree program because of the belief that it is important to study human behavior. She always enjoys studying and observing people because it is here in this aspect of her life she learns more things. Human behavior for her is essential to be studied in every walk of life. She did not end up as psychologist in practice but ended up in the corporate world where hiring and understanding manpower has become more than just a lifestyle and passion of her life. Rationale The underlying principle of the proponent to interview a Human Resource and Development Specialist is the idea that there is substantial information that can be generated out from h er regarding hiring, managing and motivating people prior to the success of an organization. The proponent has in mind that in an organization it is important to understand the basic principle about hiring or recruiting manpower because every company requires different resources and the human resource is one of the most important resources that a company needs. Managing people is another important perspective that is taken into consideration by the proponent. In the corporate world, successful organizations have understood that there must be substantial knowledge to be given on how to manage the human resource. Another important goal of the proponent is to know exactly different strategies and factors that could motivate people. A successful organization is believed to have applied the best ways on motivating the human resource because employees are influenced to do things they are motivated at through taking care of their best interest (Bruce and Pepitone 2). Questions addressed to the interviewee Prior to the actual personal interviewee with the respondent, the proponent developed rapport and this created an impact why the interview had just flowed smoothly, allowing the proponent to generate important information for the following questions. 1. What is your own way of defining Human Resource Development? 2. So far, as HRD Specialist, what are the common problems you encountered? 3. What are the opportunities for Human Resource Development Specialists like you? 4. What do you think are factors that pulling away people to be motivated? 5. What do you think are the best strategies or options to motivate people? 6. How to enhance people’s learning and skills? Comments and Learning The proponent learned from the respondent that a Human Resource Department is a company’s portal to hiring, recruitment and taking care of the organization’s well being (Pasaol). The respondent encountered different problems within her four-year experience as huma n resource personnel. According to her, most of the difficulties she encountered are in line with hiring personnel and motivating them. According to her, it is difficult to hire excellent employees because excellent job applicants prioritize top calibrated organizations. On the other hand, organization is always faced with difficulty when it comes to motivating manpower. According to her this puts the Human Resource and Development Department in a substantially high pressure to think of different possibilities. Even though

If ICT (Information and Communication Technology) has enabled Essay

If ICT (Information and Communication Technology) has enabled financial markets to become more globalised, wont this undermine the reasons for banks and other financial services to remain in London - Essay Example The globalisation has also seen the expansion of institutional investor activities into new territories, meaning the movement of a significant portion of their investments to new markets. This paper seeks to explore the implications of this phenomenon with the aim of showing that ICT, although means better communication and better cooperation across space, space still matters.. Economic geography seeks to explain spatial orientation and distribution of economic activities (Krugman 2011, p. 5). The property of labour to be attracted to production centres makes the production centres even more attractive as the new employees are also consumers resulting in other firms as well as workers joining the centre (Krugman 1991, p. 5). The centripetal market forces described are attributed to the agglomeration of the centres and not the proximity to natural resources (Smith 2012, p. 4). This was what caused the first unbundling with productions that occurred in rural settings with products intended for locals shifting to industrial form of production (Elms and Low 2013, p. 13). This classified the north industrialisation. However, with the ICT innovations of recent years that have seen the reduction of transport costs that makes the occurrence of agglomeration less likely. To explore these peripheries, the businesses need to have a centralised manufacturing area. This is coupled higher costs and congestion caused by an agglomeration act as centrifugal forces driving production away from the centres through sourcing strategies (Smith 2012 p. 5).With the ICT innovations spurring globalisation, the effect was that the spatial economics views shifted This phenomenon explained the north de-industrialisation and south industrialisation otherwise known as the second unbundling (Elms and Low 2013, p. 14). Countries of the North (Europe, Japan and North America) saw an industrial revolution as a result of

Case Discussions Statistics Project Example | Topics and Well Written Essays - 750 words

Case Discussions - Statistics Project Example Although Primus has excess capacity and is able to spare enough recourses for the job without closing other businesses and hiring additional staff means that the opportunity cost of Primus is zero Qualitative Factors that should be considered before making a decision on the job are The financial stability of the firm, these determine whether the firm will adopt a decision and remain financially stable. Consumers the target group in firms output, competitors this is the same firms in the market that produce the same product, this helps the firm determine its branding; and marketing techniques. Optimum profit and a breakeven point of the firm in order to reduce unnecessary losses (Nahmias, & Olsen, 2015). Case 2 a) The firm should identify its key the operations and quantify it in terms cost and time. Average time and cost of production of a product should be reflected in the profit of a particular product. The demand for the products in the market also should be taken into consideration as far as the profit and production are concerned. It is ideal for the company to identify less profitable and least demanded products them in the market and scrub in order to increase workforce per unit of production. This will lead to increased supply to counteract the demand in the market. The company should establish a way of minimizing the defectives as a way of making production effective minimizing time, labor, and cost incurred in the production of defective products; this will optimize the output of the products.

Perinatal Factors and Schizophrenia Essay Example for Free

Perinatal Factors and Schizophrenia Essay In considering the various statistical tests, the studies have based their analysis on the total population and basically by looking at the factors that encourage the occurrence of Schizophrenia among the offspring following from the effect of these factors on the parents. That is, the factors that are likely to affect the genetic composition that is inherited by the offspring in causing schizophrenia. Various statistical tests were used that include logistic regression, Poisson regression and Mantel-Haenszel test. Systematic review was also used in the case where raw data was not used, and was done by the reviewing of the previous studies. The value of the calculated statistics The factors that were considered in the various studies are statistically significant in explaining the factors that cause schizophrenia depending on the varied populations that the studies used. The factors that are identifiable as being a cause for schizophrenia include; children who are born by the mothers who were exposed to some severe life experiences and more especially the death of a close relative during the first trimester ( Ali K, Kathryn, Roseanne, Marianne, Roger and Philip, 2008). This situation increases the possibility of the the offspring developing schizophrenia. The other factor that encourage the developing of schizophrenia among the offspring is the tendency for the parents to expose themselves to analgesics. The effect of the analgesics in encouraging the development of schizophrenia is independent of either male or female parent exposure to analgesics. The treatments offered to the mother during pregnancy also increase the possibility for schizophrenia to develop among the offspring. The other factor that is identifiable as a cause for schizophrenia among the offspring is when the mothers had a psychotic disorder during their adult life, more especially the mothers who had preeclampsia during their adult life. The place and time of birth also has an influence in causing schizophrenia among the children. The children who are born in urban areas and in some months of the years are at risk of developing schizophrenia compared to the ones born in the rural areas and in the months of the years other than March and early December. The obstetrical complications during pregnant and the infections by influenza virus are also among the factors that lead to the development of schizophrenia among the offspring. Significance to nursing practice The factors identifiable as the cause for schizophrenia are very important in the nursing practice. The nurses are able to provide advice to the mothers on the various practices that they are expected to adapt in protecting their offspring from developing of schizophrenia. Therefore, it will be a preventive measure other than curative. Following the nature of schizophrenia, it is better to prevent than providing a cure, hence significant to the nursing practice. Discussion Interpretation of the results. On analyzing all the articles, it is identifiable that all the studies had focused on the causes of schizophrenia among the offspring following the various factors that surrounded the parents, that is, both the male and the female parents. Therefore, schizophrenia is perceived as being a genetic complication that is transmitted from the parents to their offspring. Implications The main cause for schizophrenia is the genetic distortion that occurs within the parents following some factors, which is later evident in the offspring. Therefore, schizophrenia is an hereditary complication. Study Limitations The information used in some other studies was never complete, that is some information were missing for some objects used in the study. The strengths and the weaknesses of the Study. The studies provide a mixed reaction following the various factors that are considered as a cause for schizophrenia and they have not given the genetic mechanisms that are involved in occurrence schizophrenia, otherwise, they have used an inductive approach. Summary The cause for schizophrenia is attributed to the factors that affect parents of an offspring and more especially during pregnancy. The factors affect the genetic structure that is later reflected in the characteristics of the offspring.

Analysis of Gordon Browns Leadership

Analysis of Gordon Browns Leadership Gordon Brown with his ‘government of all the talents’ and his promise to listen suggests he prefers a Cabinet form of Government over Prime Ministerial Government. What has been his record to date in exercising his prime ministerial powers? Illustrate with reference to the practice of the past three Prime Ministers and decide whether it is a positive or negative development. Introduction Upon becoming Prime Minister in June 2007, Gordon Brown gave strong indications that he would change the political culture in Britain. Among those promises, he pledged to govern with a â€Å"government of all the talents†, seeking consultation and advice from outside the traditional Labour Party sources. (BBC, 2007) Since then, the Prime Minister has also stated his preference for a more cabinet form of Government as opposed to a strong Prime Ministerial Government common in the Blair and Thatcher periods. (Rentoul, p552) Does Gordon Brown’s record show a preference for consultation, has Parliament been given more power in the running of Government or has Gordon Brown reverted to the strong autocratic style of leadership that he was often accused of during his time as Chancellor? This essay will examine Gordon Brown’s short reign as Prime Minister, looking closely at his use of Prime Ministerial powers in Government. The work will explore the extent to which the present Labour Cabinet has strong influence over decisions and policies, and whether Gordon Brown has strengthened Parliament by transferring some of the traditional Prime Ministerial powers to the legislature. In order to judge Gordon Brown’s record, it is necessary to compare the actions and records of the previous three UK Prime Ministers, Tony Blair, John Major and Margaret Thatcher. Each Prime Minister differed in their use of Prime Ministerial powers, influenced by the political situation and their own style and personality. By giving strong examples of cabinet or Prime Ministerial Government we may better understand their meaning, as well as better judging Gordon Brown’s record and style of Government. Finally we shall attempt to conclude whether Gordon Brown has brought ab out a more Cabinet form of Government, and if so, judge if this has been a positive or negative development for Government and the Country. Chapter One In Gordon Brown’s first address to the House of Commons as Prime Minister, he indicated that his Premiership was one that would increase the power of Parliament in such vital areas as declaring war, signing International treaties and approving public appointments. This was part of his plan to devolve power, which included proposals to start de-centralising power across the UK, allowing UK citizens and councils more influence in Government. The Prime Minister has in many ways delivered on some of his promises to rule with a â€Å"government of all the talents† appointing Labour outsiders such as Sir Digby Jones and setting up the National Economic Council. (Bagehot, 2008) These actions however, do not necessarily mean that Gordon Brown has brought in a new period of cabinet Government however. Cabinet Government refers to the UK Prime Minister ruling in conjunction with his or her Cabinet, sharing responsibility and power but remaining first among equals. Prime Ministeri al Government refers to the Prime Minister dominating the executive, making all the major policy decisions without always consulting with or taking the advice of the Cabinet. (Jones, 2005, p.27) Does Gordon Brown’s record suggest that he rules in co-operation with his Cabinet or does he make the major decisions without their contribution? The first few months of the Brown era were a relative success for the Government. The change of leader helped Labour recover public support, and Gordon Brown gave a successful image as a strong and experienced leader. Policies were put forward to restore Cabinet Government, the party was united and the PM appears to have consulted the Cabinet whilst remaining firmly in control. This was a change from the Blair period of Government, in which a strong Prime Ministerial form of Leadership existed, with outside unelected advisors exercising more power and influence on the PM than the elected Cabinet members. (Rentoul, 2001, p.536) Although the strong leadership of Blair and the unity of the party had been in many ways responsible for their electoral success, Blair’s weakening of Cabinet power and autocratic leadership led Britain into an unpopular and, for the Labour parties’ popularity, disastrous war in Iraq. Gordon Brown entered office with the promise of restoring Cabinets importance, and lessening the influence of outsiders such as Alistair Campbell, who during the Blair years appeared to be the real deputy Leader, rather than the elected John Prescott. (Stephens, 2004, p.180) Brown then, seemed to be promoting a style of Government personified by John Major. During Majors time as PM Cabinet meetings were transformed from meetings where Mrs Thatcher would inform the cabinet of her policies and demand obedience into genuine forums for debate and deliberation. Important issues were discussed, free debate was encouraged and arguments were common. This was extremely popular within Government, as suggested in Dick Leonards â€Å"A Century of Premiers†. â€Å"Major has restored Cabinet Government† (Leonard, 2005, p.333) In the first few months, Gordon Brown did successfully lead in a Cabinet style of Government. The aftermath and response to several failed terrorist attacks were handled by Cabinet figures such as Jacqui Smith, who liaised with the public and the Muslim Community. In both the crisis with Northern Rock and the flooding in rural areas Brown employed the full talents of his Ministers rather than attempting to micromanage every situation. (Freedland, 2007) Brown was popular with both the party and the public; it seemed that the return of Cabinet Government was beneficial for the Government and the Nation. In many ways Major and Brown inherited the Leadership under similar situations. Neither man had the commanding Parliamentary majority of Thatcher or Blair at their peak, and had to by necessity rely more on the support of their Cabinet. (Foley, 2002, p.33) Like Major, Brown has also had to deal with a resurgent opposition which for the first time in years appears to be ahead in the polls. This led to Brown’s first major crisis; in September and October 2007 Brown hinted that he would call an election to fully legitimise his Leadership, as he did not face a leadership election to become Prime Minister. However Brown decided not to go ahead with an election, with many suggesting that he was worried by the Tories lead in the opinion polls. (Robinson, 2007) From this point on Brown became steadily less popular with the Country and the party, as subsequent crises and Browns apparent lack of charisma and leadership chipping away at support for the Government. Despite this however, many would suggest that this has not caused Gordon Brown to abandon Cabinet Government. On the contrary, Gordon Brown has continued to consult and debate with his Cabinet on the major issues, allowing such figures as David Milliband and Jacqui Smith to emerge as possible future leaders of the Labour Party. Although Gordon Brown has consulted with many outside forces and attempted to build a more consensual form of British politics, even offering Paddy Ashdown a position in Government, (Woodward, 2007) this has not led to the marginalisation of the Cabinet. Margaret Thatcher’s preference for unelected advisors, such as Sir Alan Walters, over Cabinet Members helped bring about her downfall, making her believe she was infallible and isolating potentially loyal Ministers, as suggested by Leonard. â€Å"She acted as a virtual dictator, reducing the role of the Cabinet to that of a supporters club†. (Leonard, 2005, p.313) It did however, give Thatcher t he image of a strong Leader, one that could make important decisions decisively without having to consult or procrastinate. Unfortunately some of the decisions she made without consulting the Cabinet, such as the poll tax were disastrous for her and the Tory Party. Tony Blair did not marginalise or reduce his Cabinet to such a lowly level; however he did, as we have mentioned, surround himself with an inner circle of advisors, many of them outsiders like Alistair Campbell, and relied more heavily on their advice than that of his Cabinet. His style of leadership was also similar to Thatcher’s in that he tried to dominate and manage every important situation, with the notable exception of those issues that came under his Chancellors office. (Rentoul, 2001, p.249) Although the most successful Labour leader in history, Blair’s decisions and style of leadership were ultimately responsible for his clearly begrudging resignation. Despite following a more Cabinet orientated approach to Government, Gordon Brown has found that this does not necessarily guarantee loyalty during difficult times. There have been widespread rumours about a possible leadership challenge, with many Labour MPs talking to the press about their desire to see Gordon Brown step down. By giving his Cabinet power and responsibility Gordon Brown has allowed some of the bigger personalities, such as Milliband, to grow in status, so much so that many Labour MPs considered him a possible replacement. Chapter Two In our previous chapter we presented the argument that Gordon Brown has brought back a more Cabinet orientated form of Government. In Chapter two we will look at ways in which Gordon Brown has in fact maintained a Prime Ministerial form of Leadership, along with the negative consequences this has brought about. We will also attempt to evaluate Gordon Brown’s record, and come to a conclusion whether it has been a positive or negative development in relation to the three previous Prime Ministers reigns. At the beginning of Brown’s premiership, the Prime Minister made pledges to bring about more Parliamentary powers and increase executive accountability, a clear reference to Tony Blair’s decision to launch an unpopular war. (Stephens, 2005, p239) However so far, these pledges have remained in the formation stage. The Premier still retains ultimate authority on issues of national security, international treaties and appointments. Perhaps in the future these pledges will be passed in Parliament, however till that day the Prime Minister will retain a large degree of executive control. Since Brown has been in office little legislation actually transferring power away from the Executive has passed through Parliament. In many respects Brown has pushed through his own agenda, bypassing the reservations or objections of his Cabinet, as well as ruthlessly disposing of any Ministers that have dared to challenge his authority. (Bagehot, 2008) The ten pence tax rate cut was widely criticised by the media and opposition, and eventually forced the Government to backtrack. It was introduced in the 2007 budget by Brown, who insisted on implementing it despite the fact that it hit those on low incomes, natural Labour supporters. This disaster was a direct result of Gordon Brown forcing an unpopular policy into being despite the opposition of many in the Party. Despite the large size of the Cabinet, the Prime Minister has ensured that those in the top jobs are those with a proven track record for loyally supporting Brown throughout his years as Chancellor. Those supporters or suspected supporters of Tony Blair have largely been marginalised, not allowed near the more important Ministerial positions. Those Ministers who have resisted his policies or have spoken for the need of a new leader have been dropped for more loyal, pliant personnel. (Helm, 2008)) In the most important sphere of influence, the economy, the Chancellor Alistair Darling appears to operate with far less independence and power than Brown did under Blair, indeed although we may say that Tony Blair operated a â€Å"Presidential† style of Leadership, he went out of his way to appease his Chancellor. Gordon Brown does not have any figure powerful or independent enough to build a sphere of influence within Government as Brown did previously. (Leonard, 2005, p355-358) Reg ardless of the press and several Labour MPs promotion of David Milliband, Brown remains without peer in terms of gravitas, influence and experience within the party. Despite his smaller majority, Brown has also shown that he is able to force unpopular legislation through Parliamentary and Cabinet opposition, most notably in the case of the 42 day detention issue. The intense opposition in his Party, with alleged deals being made to get the bill passed, along with opposition condemnation suggests that Gordon Brown was not concerned with giving Parliament new powers related to national security. In relation to Iraq although some British troops have been pulled out of the Country, British troops remain in both Iraq and Afghanistan, again despite the opposition of many in the party. That there is no opposition in the Cabinet is perhaps testament to the loyalty of those Gordon Brown has chosen, rather than there being complete unity. Developments in the Brown Government: Positive or Negative? In the last Chapter we have demonstrated that the Brown Leadership is not yet a perfect example of Cabinet Government. The Cabinet consists mainly of Brown loyalists, the Prime Minister has forced through many unpopular policies and as of yet has failed to deliver the legislation that would make a Cabinet Government a long term possibility. However despite these criticisms Gordon Brown has run a more Cabinet Government than either Tony Blair or Margaret Thatcher. It will be difficult for the Prime Minister to backtrack on legislation that will give more power to Parliament, and he has demonstrated in many of the crises that he is willing to share power and responsibility with the more senior Cabinet members. The large size and broad range of the Cabinet also suggests that Brown is less likely to rely on a small clique of outsiders for advice, as did Thatcher and Blair. In recent months Brown has also shown that he is willing to accept Blair loyalists into the Cabinet, as we have seen with the appointment of Peter Mandelson. (Sparrow, 2008) It is the opinion of this essay that despite the serious problems of the Labour Party this has been a positive development. Although there has been limited use of the talents of opposition party personnel, a Government of all the talents has the potential to change the confrontational, winner takes all style of British Politics. In a time of severe economic crisis there is a need to take advantage of all available talent and ability. History has shown that although a strong Prime Ministerial Government can be initially popular, if the Leader believes it is unnecessary to consult with their Cabinet then they can make serious errors of judgement. If Margaret Thatcher had listened to her Cabinet perhaps there would have been no poll tax, nor would relations with Europe be so damaged by Thatcher’s strident anti European speeches. (Riddell, 1991, pp.184-187) Ultimately though, a more Cabinet form of Government means a more democratic, accountable Government, one that is more likely to grant Parliament a greater role in the more important aspects of Government. A larger Cabinet made up of representatives from across the board is also more representative of the nation itself. If ideas and policies can be discussed, deliberated and argued out by a professional, representative and broad Cabinet then perhaps there will be less chance of the Government enacting policies that are popular and logical only to the Prime Minister and a close circle of unrepresentative outsiders. Conclusion This essay has demonstrated that since taking office Gordon Brown has led a Cabinet Government similar to that of John Major, rather than the more Prime Ministerial approach of both Margaret Thatcher and Tony Blair. The essay has also shown that Brown’s leadership style does still contain elements of the Prime Ministerial form of Government, especially in regards to forcing through unpopular pet projects originating from when Brown was Chancellor. However, despite his reputation as a â€Å"Stalinist† leader Brown has shown surprising flexibility, an ability to consult with those outside the traditional Labour party sphere as well as demonstrating trust in the more senior members of his Cabinet. If Brown remains Prime Minister for the foreseeable future then we are likely to see legislation that will strengthen both Cabinet Government and Parliament itself. In the new economic climate and looming recession these policies might herald a new age of not only Cabinet Government, but a more consensual and cross party form of British Politics. The emergence of a Cabinet Government is undoubtedly then a positive sign for the future. Bibliography Foley, Michael â€Å"John Major, Tony Blair and a Conflict of leadership: Collision Course† (Manchester University Press, Manchester and New York, 2002) Jones, Bill â€Å"Politics UK† (Harlow, Pearson, Longman, London, 2006) Leonard, Dick â€Å"A Century of Premiers: From Salisbury to Blair† (Palgrave Macmillan, Basingstoke, 2005) Rentoul, John â€Å"Tony Blair: Prime Minister† (Time Warner, London, 2001) Riddell, Peter â€Å"The Thatcher Era and its Legacy† (Blackwell, Oxford UK and Cambridge USA, 1991) Stephens, Philip â€Å"Tony Blair: The making of a World Leader† (Viking, New York, 2004) Newspapers Bagehot â€Å"Gordon Brown’s Recovery: A War on two Fronts† Economist, 9/10/2008, p.27 Helm, Toby â€Å"Left Winger Cruddas in Think Tank challenge† Guardian, 12/10/2008 Freedland, Jonathan – â€Å"Who is Gordon Brown?† The New York Review of Books, Volume 54, Number 16, October 25 2007. Sparrow, Andrew â€Å"Gordon Brown defends decision to bring Peter Mandelson back into government† Guardian, 03/10/2008 Woodward, Will â€Å"Ashdown turns down job in Brown cabinet† Guardian, 21/06/2007, p2 Internet Brown is UK’s New Prime Minister – BBC News – 27/06/2007, accessed 06/11/2008 http://news.bbc.co.uk/1/hi/uk_politics/6245682.stm Robinson, Nick â€Å"Brown rules out Autumn Election† BBC News – 06/10/2007, accessed 06/11/2008 http://news.bbc.co.uk/1/hi/uk_politics/7031749.stm

Star Dreck: Paranoia & Patriotism in Alien Invasion Films :: essays papers

Star Dreck: Paranoia & Patriotism in Alien Invasion Films My premise is really quite simple: aliens are among us.And they're bad.But they're not the aliens you think they are, and they're not bad for the reasons you might imagine.In order to understand who these aliens are and why they're bad I want to begin by reaching back into the dark heart of the McCarthy era, when American paranoia in its most popular incarnation as American patriotism was at its peak.The year is 1951 and the film is Howard Hawkes' The Thing: From Another World. For those of you who have somehow come this far in your otherwise admirable education without once seeing this influencial film, a brief synopsis: a group of scientists at the North Pole discover a flying saucer buried in the ice, and with it the body of a man from Mars.Unintentionally, they blow up the saucer and melt the Martian.The thawed Martian, or Thing, proceeds to run amok, killing scientists and draining their blood in order to nourish its progeny.Importantly, a group of visiting air force men have taken over in this moment of crisis, a coup which the film seems to believe requires no justification.Thus the major conflict is defined; not, that is, between man and Martian, but between soldier and scientist.The leader of the scientists, Dr. Carrington--who is referred to earlier in the film as both a genius and, more significantly, the "man who was at Bikini," thus aligning him with the H-bomb--is portrayed as arrogant, cold, precise, unemotional, i.e., everything we've come t o expect from a card-carrying 1950s egghead.In the four short scenes I'm about to show you, Dr. Carrington demonstrates just what we have to fear. Thus the film has given us an intellectual whose chief characteristic is that he admires things more than people, aliens more than Americans.Carrington suggests that the Thing is in every way superior to the humans with which he is surrounded, and he is entirely willing to sacrifice himself and the others in order to add the alien's superior knowledge to the "brain," as he calls it, of his own culture.We might see in Carrington an enthusiasm for other ways of thinking and being taken to suicidal extremes, a sort of multicultural mania. The soldiers, on the other hand, understand the mortal threat the Thing represents from the very beginning; in fact, they can't even stand to look at it--a deep-seated aversion which sets the plot in motion, as it causes a soldier to put a blanket over the block of ice which contains the Thing, thus melting the ice and setting it free. Star Dreck: Paranoia & Patriotism in Alien Invasion Films :: essays papers Star Dreck: Paranoia & Patriotism in Alien Invasion Films My premise is really quite simple: aliens are among us.And they're bad.But they're not the aliens you think they are, and they're not bad for the reasons you might imagine.In order to understand who these aliens are and why they're bad I want to begin by reaching back into the dark heart of the McCarthy era, when American paranoia in its most popular incarnation as American patriotism was at its peak.The year is 1951 and the film is Howard Hawkes' The Thing: From Another World. For those of you who have somehow come this far in your otherwise admirable education without once seeing this influencial film, a brief synopsis: a group of scientists at the North Pole discover a flying saucer buried in the ice, and with it the body of a man from Mars.Unintentionally, they blow up the saucer and melt the Martian.The thawed Martian, or Thing, proceeds to run amok, killing scientists and draining their blood in order to nourish its progeny.Importantly, a group of visiting air force men have taken over in this moment of crisis, a coup which the film seems to believe requires no justification.Thus the major conflict is defined; not, that is, between man and Martian, but between soldier and scientist.The leader of the scientists, Dr. Carrington--who is referred to earlier in the film as both a genius and, more significantly, the "man who was at Bikini," thus aligning him with the H-bomb--is portrayed as arrogant, cold, precise, unemotional, i.e., everything we've come t o expect from a card-carrying 1950s egghead.In the four short scenes I'm about to show you, Dr. Carrington demonstrates just what we have to fear. Thus the film has given us an intellectual whose chief characteristic is that he admires things more than people, aliens more than Americans.Carrington suggests that the Thing is in every way superior to the humans with which he is surrounded, and he is entirely willing to sacrifice himself and the others in order to add the alien's superior knowledge to the "brain," as he calls it, of his own culture.We might see in Carrington an enthusiasm for other ways of thinking and being taken to suicidal extremes, a sort of multicultural mania. The soldiers, on the other hand, understand the mortal threat the Thing represents from the very beginning; in fact, they can't even stand to look at it--a deep-seated aversion which sets the plot in motion, as it causes a soldier to put a blanket over the block of ice which contains the Thing, thus melting the ice and setting it free.

Comparison of Two Films About King Arthur Essay -- Film Movies Compare

Few works of literature or legend are as varied as that of King Arthur and his round table, forever retold by each generation. Without question, the defining work of Arthurian Literature is Sir Thomas Malory's Le Morte d'Arthur. Morte d'Arthur is a compilation of all the King Arthur legends that existed before Malory. Malory tried to bring all the stories together into one cohesive whole. Morte d'Arthur is a trove of stories about magical encounters and various quests that is loosely centered on the rise and fall of King Arthur. Since it was written, there have been countless interpretations and adaptations. Today, we not only have countless Arthurian books, but many movies on the subject as well. In this paper I hope to compare and contrast two such Arthurian movies, Excalibur and King Arthur, and discuss what each film adds to the treasury of Arthurian lore. It is hard to believe that two completely opposite movies are based on the same literature. The movie Excalibur is like a modern day Morte d'Arthur, while the more recent King Arthur differs greatly from all former Arthurian works by attempting to be historically plausible. Excalibur Although Excalibur is based mostly on Malory, it also contains stories from Chrà ©tien de Troyes and Alfred, Lord Tennyson's Idylls of the King. The film takes scenes straight from Malory, but it also changes Malory slightly by condensing some of his many details and mixing them with stories from other Arthurian writers. It smoothes over many of Malorys contradictions then manages to throw in some plot twists of its own. Excalibur The first scene of the film introduces the most important symbol of the film, Excalibur. Throughout the entire movie at every critical juncture, Exc... ..."with machines." Two of her fingers were broken. Arthur receives another shock when he realizes that these ministrations were performed by a priest. The priest believes that to torture heathens is an act of kindness that would enable them to enter heaven. The final blow that completely crushes Arthur's belief in the Church is the news he receives on Pelagius' excommunication. How can the Church excommunicate a man who believes in such lofty and glorious ideas? Conclusion While Excalibur keeps both the content and form of Malory, King Arthur tries something new by trying to translate the barely-fitting together cacophony of Morte d'Arthur into a historically plausible film. Though Excalibur is more enjoyable to real King Arthur lovers, King Arthur is strangely refreshing in its extreme adaptation of the overused story, while being still familiar in its core.

Descriptive Essay about Sunset Beach -- Description, narrative, descrip

Ever since Sunset Beach has been officially opened to the public, there has been a drastic increase of tourists present. Television programs concluded that at least a thousand people visit the beach everyday. Reasons for their stay are that they feel comfortable with the environment that surrounds the beach front, people who are at the beach are joyous and numerous activities to enjoy, and the fresh scent of the sparkly waters, make the visitors feel calm and pleasurable. So I decided to take a trip there. As I walked down the sidewalk, my nose picked up the salty scent of the sea breeze. I looked ahead and saw the gleaming beach in the far distance. Before me, the tranquil city along with the endless blue sea sandwiched the golden beach that stretched across for miles. Then my eyes were grasped by the incredible beauty of the city skyscrapers that stood hundreds of meters tall, and they probably had also captured the sight of many other tourists. Some people were jogging and others were bike riding Just as the yellow sun rises from behind the buildings. It’s easy for many people t...

Partnership Case Law

PARTNERSHIP CASELAW | | This section of the website provides access to all cases summarised in the Partnership Law Updates which have been issued since January 2000 to date. Therefore this Archive operates as a guide to some of the interesting partnership cases decided in common law jurisdictions in recent years. Special thanks are due to Professor Dick Webb (Emeritus Professor of Law in the University of Auckland) for alerting me to many developments contained in this section and to Dr Keith Fletcher of the University of Queensland. PARTNERSHIP LAW CASESJanurary 2000_______________________Partnership by Holding outPlaintiffs instructed first-named defendant as their solicitor – Plaintiffs’ funds dissipated by the first-named defendant – First-named defendant’s wife also worked as a solicitor in the practice – Plaintiffs instructed the defendant as a result of their friendship with his wife – Husband and wife conducted themselves as partners in everything they did socially – Whether wife was a partner in the practice – Whether wife was liable as a partner by holding outPalter v Zeller and Lieberman (1997) 30 OR (3d) 796.In this case, the Court of Justice of Ontario considered both the allegation of a partnership between the two defendants, and the allegation that the second-named defendant had held herself out to be a partner with the first-named defendant. The first-named defendant, Zeller, had set up in practice as a lawyer and after his marriage to the second-named defendant, Lieberman, she joined him in practice. This fact was advertised by an announcement which was published by Zeller to the effect that Lieberman had â€Å"joined me in the practice of law†.There was no indication given in the firm’s stationery or business cards that they were partners in this practice. The plaintiffs had been friendly with Lieberman before she met Zeller and arising out of this friendship they instructed Zeller on a number of occasions. After Lieberman joined the practice, the plaintiffs entrusted their savings to Zeller and signed blank documents in connection with the use of the funds.When Zeller dissipated this money, the plaintiffs sought to make Lieberman jointly liable with Zeller for the loss on the grounds that either she was Zeller’s partner or that she had allowed herself to be held out as his partner under the Ontario equivalent of s 14(1) of he Partnership Act 1890. The plaintiffs’ sought to support their claim that the husband and wife were partners as a matter of law by the fact that the plaintiffs had a social relationship with both defendants and it was clear from this relationship that the defendants were partners in everything they did, in the sense that they treated each other as equals.In the work context, the plaintiffs claimed that the defendants were equals since they looked totally equal at work, having equal-sized offices. Wilkins J rejected t his claim out of hand since he could found not even a scintilla of evidence to support a finding of a partnership between the defendants. He noted that, although the plaintiffs presumed that the defendants were partners, the mere fact that lawyers may be married and behave in an equal social and marital relationship has no impact upon the question of whether they are partners as a matter of law.He held that what is important to this issue is how they conduct their business affairs together, not how they conduct their personal affairs. The plaintiffs’ second claim was that even if Lieberman was not a partner as a matter of law, she allowed herself to be held out as a partner in the firm and therefore should be liable under the Ontario equivalent of s 14(1) of the Partnership Act 1890 since the plaintiffs had relied on this fact. Again the plaintiffs supported their claim of a holding out by the fact that the defendants treated each other as equals in everything they did.The pl aintiffs alleged that they had relied on this holding out of partnership by virtue of the fact that they would not have entrusted all of their savings to Zeller and signed blank documents for him, were it not for his relationship with Lieberman, since this relationship gave Zeller a credibility in their eyes. Again, Wilkins J rejected this claim, finding that the plaintiffs belief that the defendants were partners was ill-founded since the defendant’s social activities was not sufficient to constitute a holding out by Lieberman of herself as a partner.He concluded that since Lieberman was Zeller’s employee as a matter of law and was also not liable as a partner by holding out, the case should proceeded against Zeller alone. _________________________Sharing of Profits by PartnersPartnership agreement – presumption of equality of sharing of profits – s 24 of the Partnership Act 1890 – attempt to vary this ratio without the express consent of all the partners. Joyce v Morrissey [1998] TLR 707.In this case, the English Court of Appeal considered a dispute between the four members of the rock band, The Smiths, regarding the sharing of the band’s profits. Since their inception, the four band members had carried on business as a partnership. In the High Court, it had been held that Joyce, the drummer in the band, was entitled to a quarter share of the profits since under s 24 of the Partnership Act 1890, partners are entitled to an equal share of the profits of the partnership, in the absence of any contrary agreement.The lead singer (Morrissey) and the lead guitarist (Johnny Marr) appealed the High Court decision on the basis that they were the prime movers behind the band and alleged that it had been understood that they would be entitled to 40% of the profits each, with 10% going to the drummer and bass guitarist. They supported their claim by the fact that the group’s accountants, Ossie Kilkenny & Co, had sent acco unts to Joyce showing this split of 40/40/10/10, yet Joyce had made no objection at that time.In the Court of Appeal, Waller LJ (Gibson and Thorpe LJJ, concurring) upheld the High Court’s decision that s 24(1) of the Partnership Act 1890 applied to the facts of the case and consequently that the four band-members were entitled to an equal share of the profits. He held that any change in this profit-sharing ratio could not be achieved by simply sending partnership accounts to one partner and assuming that his silence constituted his acceptance of the new terms.This was particularly so where, as in this case, the partner might not be expected to understand the accounts without some explanation. Waller LJ observed that Morrissey undoubtedly felt that because of the more major contribution which he and Johnnie Marr were making to the band, he ought to be able to dictate the terms on which the partnership continued. With considerable understatement, Waller LJ noted that Morrissey might not have appreciated certain fundamentals of partnership law. ________PARTNERSHIP LAW UPDATEMarch 2000___________________Expulsion of a PartnerExpulsion of two partners from a solicitors’ firm – One resolution passed at a partners’ meeting to expel both partners – Partner to be expelled not entitled to be present at meeting under terms of partnership agreement – Whether partner to be expelled entitled to notice of meeting – Whether two meetings or two resolutions required where there was an expulsion of two partners – Interpretation of the terms of a partnership agreement – Hanlon v Brookes (1997) 15 Australian Company Law Cases 1626.In this case, the Victorian Court of Appeal (Ormiston, Callaway and Batt, JJ) considered the expulsion of two partners from a law firm. Under the terms of the written partnership agreement, a special resolution (ie 75% of the votes) was sufficient to expel a partner and the partnership agreem ent contained a clause which provided that the singular included the plural and vice-versa. The agreement also provided that a partner could vote to expel his co-partner at his absolute discretion and the partner to be expelled was not entitled to be present at the meeting at which the decision was to be taken.However the partnership agreement also provided that a partner was entitled to at least seven days’ notice of a general meeting at which a special resolution was to be passed. The partners in the firm wished to expel Hanlon and Ross since Hanlon’s department, the Property and Probate Department, was not well run and on two occasions he had pocketed executor’s commissions for work done. In Ross’ case, he was the partner in charge of the Litigation Department but his psychological condition prevented him from making court appearances.At a meeting of the partners of the law firm, a single resolution was passed by over 75% of the partners to expel both Hanlon and Ross as partners in the firm. Neither Hanlon nor Ross were present at this meeting, nor had they been given notice of the meeting. Hanlon challenged his expulsion on the grounds that he was not given notice of the meeting. Interestingly, the Court of Appeal did not regard the failure of the partners to accord natural justice to Hanlon as a basis for invalidating the expulsion. Rather the court restricted its decision to the terms of the partnership agreement.It held that the expulsion clause in the partnership agreement was to be strictly interpreted. However, even with such an interpretation, it held that it under the express terms of the agreement, Hanlon was not entitled to be present at the meeting and therefore it concluded that he was not entitled to notice of that meeting or to vote at that meeting. The court also decided that by virtue of the clause which provided for the â€Å"singular to include the plural†, it was possible for more than one partner to be expelled at the one meeting by the passing of a special resolution.This case appears to be the first case in partnership law which confirms that two partners may be expelled by the one resolution. __ _____ Existence of a partnershipPartnership between a number of groups of people in a hotel – One of the groups was a sister and two brothers – Dispute between the sister and brothers regarding the distribution between the three of the profits of the hotel partnership – Whether the relationship between the three regarding their share in the hotel partnership was also a partnership – s 1(1) of the Partnership Act 1890 – Hitchins v Hitchins and Another (1998) NSW Lexis 2382; 47 NSWLR 35.In this case the plaintiff and her two brothers entered into a hotel partnership with a number of other individuals. The hotel property and business was jointly owned by all the hotel partners and the joint share of the three siblings in the hotel partnership was 18%. Th is share of the profit of the hotel partnership was paid to the three Hitchins jointly. A dispute arose amongst the three of them regarding the treatment of these co-owned profits.The plaintiff alleged that the hotel profits should have been divided equally between the three but she alleged that the first defendant had failed to do so. As part of her claim, she alleged that the relationship between the siblings in these co-owned profits, itself constituted a separate partnership between the three of them. As a partnership, she claimed that under partnership law, the three would be required to share these profits equally and that in addition she was entitled to an account of the dealings of this alleged partnership .In the Supreme Court of New South Wales, Bryson J considered s 1(1) of the Partnership Act 1891 (the equivalent of the Partnership Act 1890) which provides that partnership is â€Å"the relation which exists between persons carrying on business in common with a view of p rofit† , s 2(1) of the Partnership Act 1891 (which provides that co-ownership of property does not of itself create a partnership in the property so held) and s 2(2) of the Partnership Act 1890 (which provides that the sharing of gross returns does not of itself create a partnership whether or not the persons have a common interest in the property from which the returns are derived). Relying of these statutory provisions, Bryson J held that the activity of the three, namely investing in a share in the hotel partnership and receiving drawings from it, did not constitute the carrying on of a ‘business in common’. Instead he categorised this activity as simply an investment, since there were no elements of engaging in trade or a flow of transactions which amount to the carrying on of a business.He held that while the three Hitchins were clearly partners in the hotel partnership, they were not partners in a separate partnership of which the business was the joint owne rship of a share in the hotel partnership. Although there was no partnership between the three siblings, Bryson J was able to find for the plaintiff on the grounds that the relationship between the three was a fiduciary. He supported this conclusion on the grounds, inter alia, that they were in a close family relationship and that they were common members of the hotel partnership. On this basis, he relied on the equitable principle that ‘equality is equity’ to hold that the hotel profits should be distributed evenly between the three siblings and he therefore ordered that an account of the distribution of the hotel partnership profits should be taken. _______ _______Liability of partnersLiability of a partner for the actions of his co-partner – Co-partners settle with plaintiff – Action for contribution against concurrent wrongdoers of errant partner – Defence to contribution that co-partners were not originally liable under s 10 of the Partnership Act 1890 – Whether partners liable under s 10 for breach of constructive trust by co-partner -Dubai Aluminium Company Ltd v Salaam and Others [1998] TLR 543. In this case the chief executive of the plaintiff company had conspired with Salaam and his solicitor, Amhurst, to steal $50 million from the plaintiff by using a series of sham contracts.Amhurst was sued on the basis that he had knowingly assisted the chief executive to breach his fiduciary duty. The issue before the court was whether Amhurst’s partners in the law firm were also liable to the plaintiff for their partner’s actions under s 10 of the Partnership Act 1890. Section 10 provides that â€Å"[w]here, by any wrongful act or omission of any partner acting in the ordinary course of business of the firm, or with the authority of his co-partners, loss or injury is caused to any person not being a partner in the firm, or any penalty is incurred, the firm is liable therefor to the same extent as the part ner so acting or omitting to act. During the course of the trial against Amhurst, the partners in his firm had settled with the plaintiff for a payment of $10m. The present action concerned a contribution which these partners sought to this settlement from Salaam and the chief executive of the plaintiff company. However their defence to the action for a contribution was that the partners were not in fact liable to the plaintiff under s 10 of the Partnership Act 1890. This defence was grounded on the claim that Amhurst’s liability was for dishonest assistance which was a liability in constructive trust, while s 10 was concerned with liability in tort or by reason of agency. However in the English High Court,Rix J held that s 10 was expressed in the widest terms, referring to ‘any wrongful omission’ causing ‘loss or injury’ or in the incurring of a penalty. Accordingly, he held that the section extended beyond torts to wrongs such as in this case, acce ssory liability in equity and he therefore allowed the action for contribution. PARTNERSHIP LAW UPDATENovember 2000___________________Post-dissolution ProfitsDeparture of one partner from a law firm – Continuing partners carrying on business without a final settlement with former partner – Post-dissolution profits – Entitlement of former partner to a share of post-dissolution profits attributable to his share of the partnership assets – s 42 of the Partnership Act 1890 – Fry v Oddy [1998] VSCA 26.In this case, the continuing partners in a nine person law firm claimed that their former partner, Oddy, was not entitled to any of the firm’s post-dissolution profits under s 46 of the Partnership Act 1958, the Australian equivalent of s 42 of the Partnership Act 1890. Section 42 provides that where a partner leaves a firm and there is no settlement between him and the continuing partners, the former partner has a right to that share of the profits of the firm which have been made since his departure and which are attributable to his share of the partnership assets. The rationale for the rule is that it provides an incentive for the continuing partners to buy-out the former partner’s share rather than to leave it in the firm.In this case, the continuing partners argued that the post-dissolution profits in the law firm were attributable solely to the skill and exertions of the continuing partners, rather than to the use of Oddy’s share of the partnership assets. The Victoria Court of Appeal (Brooking, Ormiston and Callaway JJ) rejected this argument and held that, after deducting a notional salary for each of the continuing partners’ for their exertions in generating these profits, Oddy was entitled to one ninth of the post-dissolution profits. The court’s reasoning highlights that in determining what share, if any, of the post-dissolution profits are attributable to the former partner’s shar e of the partnership assets, each case depends on its own facts.In particular, in the context of modern professional partnerships, it is interesting to note Brooking J’s statement regarding the use of modern technology in those firms: â€Å"Now the pen has been replaced by the word processor, if not by voice recognition software. The new technology is used both for communication and for management of information and activities. With technological change, no large firm could now prosper without its computer on every desk, its giant photocopiers (themselves a source of revenue), its computer notebooks, its fax machines and answering machines, its mobile telephones and pagers, its dictation equipment, its video conferencing facilities. Its library will be to a considerable extent in electronic format. Its drafting will be done with the aid of artificial intelligence.Its requirements in terms of human resources will range from caterers to librarians. Outsourcing may be used. The firm will need a managing partner or general manager or office manager to carry the cares of the practice. It may be so large that some partners hardly know one another[†¦ ]All this makes the practice of at least the bigger legal firms resemble a manufacturing business, producing and selling at a profit a range of legal and at times related services. † On this basis, the Court of Appeal concluded that all the assets of the partnership contributed to its profits in the sense that they provided the apparatus which enabled the practice to be carried on.Accordingly, when the continuing partners had simply denied that any of the post-dissolution profits were attributable to the use of Oddy’s share of the assets and in particular since the continuing partners had not put forward any other basis for determining what share of the profits might be attributable to the use of Oddy’s share, the court concluded that Oddy was entitled to one ninth of these profits, after account had been taken of a notional salary of AUS$130,000 per partner for the continuing partners’ exertions in generating those profits. ________ _Liability of PartnersLiability of partners for wrong of co-partner – Sexual harassment of employee of partnership – s 10 of the Partnership Act 1890 – Proceedings Commissioner v Ali Hatem. [1999] 1 NZLR 305. In this case, one partner in a garage partnership, who was in charge of the firm’s staffing, was held to have been guilty of the sexual harassment of an employee of the firm. This cases examines the liability of the other partner in the firm for this sexual harassment.Section 13 of the Partnership Act 1908 (the New Zealand equivalent of s 10 of the Partnership Act 1890) provides that â€Å"[w]here, by any wrongful act or omission of any partner acting in the ordinary course of business of the firm, or with the authority of his co-partners, loss or injury is caused to any person not being a partne r in the firm, or any penalty is incurred, the firm is liable therefor to the same extent as the partner so acting or omitting to act. † The act of sexual harassment, which was a statutory tort under the Human Rights Commission Act 1977 in New Zealand, was not part of the ordinary course of business of a garage in a literal sense. However, it was held to be within the meaning of this term in the legal sense, since the partner was acting in the ordinary course of business when he performed this wrongful act. On this basis his co-partners were held liable for this tort.The words of Tipping J are instructive: â€Å"Although sexual harassment cannot be regarded as part of the ordinary course of the firm’s business, we are of the view that, when acting as he did, the perpetrator was acting in the ordinary course of the firm’s business. The first acts of sexual harassment occurred when he was interviewing one of the complainants for a job. There were numerous instance s of sexually loaded remarks[†¦ ]In this case, the perpetrator was doing something within the ordinary course of business of the firm, ie dealing with staff members in the work environment. In so doing, he committed the statutory tort of sexual harassment. He thereby did tortiously something which he was generally authorised to do. The firm is liable for his conduct. ______________________International PartnershipsBreach of duty of care owed by accountancy firm to plaintiff – Accountancy firm was member of national group of accountants throughout Australia – Whether other firms in that association were liable under partnership law to the plaintiff – Section 1(1) of the Partnership Act 1890 – Whether other members of the association were liable as partners by holding out – Section 14(1) of the Partnership Act 1890 – Duke Group Ltd (in liquidation) v Pilmer [1999] SASC 97. In this case, the plaintiff company was involved in a takeover of another company. As part of the takeover process, it commissioned the Australian accountancy firm of Nelson Wheeler (Perth), the first named defendants, to advise on the proposed price for the target company. It was established that this report was negligently prepared in overvaluing the share price of the target company.The plaintiff alleged that Nelson Wheeler Perth were part of a national partnership of which the fifth named defendants, a number of accountancy firms throughout Australia, were the other members. On this basis, the plaintiff alleged that the fifth named defendants were jointly liable with the first named defendants for the damage caused by the negligent valuation report. The relationship between Nelson Wheeler (Perth) and the other accountancy firms was that they were all members of Nelson Wheeler National. This was an association of accountancy firms throughout Australia, whereby all the member firms referred business to other member firms throughout Australia. In addition, Nelson Wheeler Perth and the other firms described themselves as a ‘national partnership’ and as a ‘national firm’ in their letterheads and advertising material.Nonetheless, the Supreme Court of South Australia (Doyle CJ, Duggan and Bleby JJ) held that the members of this national association did not in fact carry on business in common as required by s 1(1) of the Partnership Act 1891 (the equivalent of s 1(1) of the Partnership Act 1890). In particular, it was held that this association operated primarily as a means of referring business between firms in different parts of Australia. It did not thereby constitute the member firms partners with each other, since they all carried on practice in their locations and did not share fees or profits (except in a limited way in relation to work referred between them). The court also noted that the relationship of partnership cannot be created by persons simply stating that a partnership exists.The court noted that although there were substantial benefits to be gained by the association of the firms, crucially there was never any intention of deriving profits from any common business. Rather this association resembled a club, the intention being that the members would benefit by work referrals, sharing of client lists and the sharing of costs, but this was not an association where the members were carrying on business in common as required by the definition of partnership. The plaintiff also alleged that the fifth named defendants were liable on the basis of a holding out under s 14 of the Partnership Act 1891 (the equivalent of s 14 of the Partnership Act 1890).The Supreme Court of South Australia accepted that the members of Nelson Wheeler National allowed themselves to be generally represented as partners of each other. However, to establish partnership by estoppel, there must be a representation to the claimant that a particular person or persons is a partner. It is not sufficie nt for the plaintiff to simply rely on the fact that Nelson Wheeler indicated in its valuation report that it was a member of a national partnership. The court held that this was not a sufficient representation under s 14 since the persons purportedly held out, ie the fifth named defendants, were neither named or identified. On this basis, the court held that there was no liability on the fifth named defendants on the basis of holding out.PARTNERSHIP LAW UPDATEFebruary 2001___________Liability of firm for partner’s actsAuthority of a partner to bind his firm – Bare assurance by partner to third party that within the ordinary course of business – s 5 of the Partnership Act 1890 – Hirst v Etherington and Another [1999] TLR 546. In this case, Etherington, a partner in a law firm, was acting for the borrower of money from a bank. He gave an undertaking to the bank guaranteeing the loan. The bank’s solicitor requested and received confirmation from Ethe rington that this undertaking was given in the ordinary course of the business of the firm. When the loan was not paid by the client, the bank sued Etherington’s partner, as Etherington had been adjudicated bankrupt.Section 5 of the Partnership Act 1890 provides that â€Å"[e]very partner is an agent of the firm and his other partners for the purpose of the business of the partnership; and the acts of every partner who does any act for carrying on in the usual way business of the kind carried on by the firm of which he is a member bind the firm and his partners, unless the partner so acting has in fact no authority to act for the firm in the particular matter, and the person with whom he is dealing either knows that he has no authority, or does not believe him to be a partner. † The Court of Appeal held that it was not within the ordinary course of business of a solicitor, without more, to give a guarantee to a third party regarding a debt incurred by a client. The que stion under s 5 was whether a reasonably careful and competent lender would have concluded that there was an underlying transaction of a kind which was part of the usual business of a solicitor.It was not open to the lender to accept the bare assurance of the partner that the undertaking was within the ordinary course of business of the firm. Accordingly, Etherington’s partner was held not to be liable on the undertaking. ___________ _______Existence of a Partnership Parties agree to establish a partnership – Partnership business is then conducted through company – Action brought under s 205 of the Companies Act 1963 by plaintiff – Plaintiff also alleges that partnership exists as separate and anterior to shareholding in company – Partnership action brought by plaintiff against other two partners for injunction restraining dissipation of assets of partnership business and damages for breach of contract – Horgan v Murray and Milton High Court , unreported, 17 December 1999.This case concerned the long running dispute between three shareholders in Murray Consultants Limited. In addition to bringing an action against his two fellow shareholders under company law, the plaintiff brought a partnership action against them in which he sought an injunction restraining them from dissipating the assets of the business of the partnership and damages for breach of contract. His partnership action was based on the fact that when the parties initially decided to start a public relations business, it was agreed to establish a partnership. However, it was then agreed that the partnership business would be conducted through the medium of a company (Murray Consultants Limited).The relationship between the three broke down and in addition to seeking company law remedies, the plaintiff alleged that the three were in partnership together, a partnership which existed independently of and was anterior to the setting up of the company. The defe ndants denied that there was such a separate partnership and relied in part on s 1(2) of the Partnership Act 1890 which states that â€Å"the relation between members of any company or association which is registered as a company[†¦]is not a partnership within the meaning of this Act. † O’Sullivan J struck out the plaintiff’s statement of claim on the basis that the three parties agreed that their public relations business would be conducted through the medium of a company and this was entire of their relationship and there was no other relationship between the three which could constitute a partnership.He relied in part on the High Court judgment of Murphy J in Crindle Investments v Wymes [1998] 4 IR 567 at 576 that where it was held that â€Å"the undertaking was conceived and consciously promoted in the form of a company incorporated under the Companies Act, 1963, and it was the requirements of that legislation which governed the relationship between th e parties†. __________________Partnership PropertyPartnership property – Whether an asset could be partnership property if it is incapable of assignment – Section 20 of the Partnership Act 1890 – Don King Productions v Warren [1999] 2 All ER 218. In this case, the question arose as to whether the benefit of non-assignable choses in action could be transferred to a partnership.The action involved a partnership that was formed between the well-known boxing promoters Don King and Frank Warren for the promotion of boxing in Europe. Following a dispute between the parties the partnership was dissolved. However, their partnership agreement had provided that each was to assign to the partnership certain boxing promotion contracts to which they were separately a party. However, these contracts were promotion contracts that had been entered into by Don King and Frank Warren respectively with various boxers. Each of these contracts was for personal services and cont ained non-assignment provisions and therefore could not be assigned.In the English High Court ([1998] 2 All ER 608), Lightman J held that effect could be given to their agreement in equity as a declaration of trust of those contracts for the benefit of the partnership and in this way the contracts were held to be partnership property. Section 20 of the Partnership Act 1890 deals with partnership property and it provides that â€Å"[a]ll property and rights 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. Frank Warren appealed on the grounds that the boxing promotion contracts were not property within the meaning of s 20 of the P artnership Act 1890 and even if they were, they could not be ‘brought into the partnership stock’ or â€Å"acquired[†¦]on account of the firm† so as to become partnership property within the terms of s 20. The Court of Appeal rejected this appeal and held that property which was not capable of assignment could still be partnership property for the purposes of s 20 of the Partnership Act 1890. In addition, Frank Warren had claimed that boxing promotion contracts concluded by him and Don King between the time of the dissolution and the winding up of the partnership were not partnership property. This argument was also rejected by the Court of Appeal, which held that such contracts were also to be held on trust for the partnership. __________Claim for court interest on sums owed to deceased partnerPartnership at will – Dissolution of partnership by the death of a partner – Claim for court interest on sums owing to the deceased partner’s est ate – Section 42 of the Partnership Act 1890 – Williams v Williams, English High Court, unrep, 16 July 1998. In this case a partnership at will existed between a father and his son. The partnership was automatically dissolved by the death of the father pursuant to the terms of s 33(1) of the Partnership Act 1890 (â€Å"Subject to any agreement between the partners, every partnership is dissolved as regards all the partners by the death or bankruptcy of any partner†. Under s 42 of the Partnership Act 1890, a deceased partner’s estate is entitled to that share of the firm’s post-dissolution profits which are attributable to the deceased’s share of the partnership assets or to interest at the rate of five per cent per annum on the amount of his share of the partnership assets since the dissolution. The father’s personal representative brought an action under s 42 of the Partnership Act 1890. However, he also sought court interest pursuan t to s 35A of the Supreme Court Act 1981. Maddocks J held that the claim for court interest could not properly be formulated since interest was already running at the rate of five per cent under s 42 of the Partnership Act 1890. He held that the sum which was found to be due to the estate should carry interest at the rate of five per cent per annum from the date of dissolution to the date of payment.PARTNERSHIP LAW UPDATEMay 2001: ________ ___ _______Liability of a Partnership for Partner’s ActionsLiability of a firm for the actions of a partner – Section 10 of the Partnership Act 1890 – Assault by a partner in law firm on another solicitor in precincts of courthouse and in the courtroom – Whether the first assault was within the ordinary course of business of the firm – Whether the second assault was within the ordinary course of business of the firm – Flynn v Robin Thompson & Partners and Wallen, The Times, 14 March 2000. This case involve d the application of the rules on the liability of a partner for the actions of his co-partner. Under s 10 of the Partnership Act 1890 a firm is liable for the acts or omissions of a partner that are committed in the ordinary course of business of the firm. The plaintiff, John Flynn, was a solicitor and he took an action against the law firm of Robin Thompson & Partners for damages as a result of an assault which he suffered.The facts were that Thomas Wallen was a solicitor and a partner in the firm of Robin Thompson & Partners and he was conducting litigation on behalf of a client of his firm. Representing the other litigant in the case was the plaintiff. The original case in which the two solicitors were involved became fairly heated, so much so that on the steps of the court there was a scuffle between them and there was an assault by Wallen on Flynn. Even more amazing was the fact that while Wallen was presenting his case to the court, it appears that Flynn tried to take papers from Wallen and it was alleged that Wallen assaulted Flynn in his attempt to prevent him taking his papers.Flynn took an action for damages against both Wallen and against his firm on the basis that the firm was liable for the actions of Wallen since they were committed during the ordinary course of business of the firm. The English Court of Appeal considered the two alleged assaults under s 10 of the Partnership Act 1890. As regards the assault in the precincts of the court, it was held that the assault by Wallen was so extraordinary and so far removed from the ordinary conduct of an advocate that it could not be within the ordinary course of business of the firm and therefore the firm was not liable under s 10 of the Partnership Act 1890 for this assault. As regards the minor scuffle in the court, the issue was less clear cut as to whether this was outside the ordinary course of business of the firm.However on procedural grounds (i. e. on the principle of ‘proportionalityâ⠂¬â„¢ under para 1. 3. 5 of the UK Civil Procedure Rules (October 1999)), it was held that this second assault should not go to trial. In an interesting article on this case in the Journal of Criminal Law (2000) at p 368 the argument is made in relation to the minor scuffle that all Wallen was doing was representing his firm’s interest and surely his co-partners would expect him not to allow the other side take his papers without a fight. On this basis it is argued in the article that the court should have held that the assault in the court was within the firm’s ordinary course of business. _______ ___ ____Joint and Several Guarantee by PartnersPartners in property development – One partner also had substantial personal debts to Bank – Bank obtained guarantee from partners for the repayment of loans to the Bank – Wording of guarantee was such that partners were guaranteeing both their joint obligations to the bank and their several obligations â₠¬â€œ AIB Group v Martin and another [2000] 2 All ER (Comm) 686. The first defendant, Mr Martin, was a property developer and the second defendant, Gold, was a dentist. They bought a number of rental properties in partnership together as an investment. Funding for the properties was obtained from the plaintiff bank. Mr Martin was also involved in a number of other property deals and he had a significant level of personal borrowings from the bank in respect of these other ventures.The Bank re-structured their financing to the partnership and as part to the restructuring, the Bank entered into a mortgage with Mr Martin and Mr Gold. This deed was between the Bank of the one part and Mr Martin and Mr Gold of the other part. Mr Martin and Mr Gold were defined in the deed as the ‘Mortgagor’ and the deed also provided that where the term ‘Mortgagor’ referred to more than one person, it was to be construed as referring to all and/or any of those persons and that the obligation of those persons was to be construed as joint and several. The deed went on to provide that the Mortgagor would, inter alia, pay all other indebtedness of the Mortgagor to the Bank.It became apparent that Mr Gold had signed this deed without appreciating that he was assuming liability for the personal debts of Mr Martin, as well as the debt owing by the partnership to the Bank. In the Court of Appeal, the claim that this deed should not be interpreted so as to make Mr Gold liable for the personal obligations of Mr Martin to the Bank was rejected unanimously, Sedley LJ noting that â€Å"if I could be persuaded that there was any intellectually respectable way of relieving Mr Gold of the liability with which he has been burdened, I would at least have to hear†¦why we should not adopt it†¦.. With regret, I agree that this appeal has to fail. ________ ____Post –dissolution claims between Partners Lease held by partners in trust for partnership – Inde mnity from all the partners in favour of trustees – Partnership dissolved – Action by trustees against partner for rent under terms of indemnity – Whether this debt could be set-off against amounts which might be owed to partner once partnership account on dissolution had been taken. Hurst v Bryk and others [2000] 2 WLR 740. The plaintiff, Hurst, was a partner in a firm of solicitors. The firm carried on business from leasehold premises held by four partners as trustees for the partnership. The partnership deed provided that the trustees were entitled to an indemnity from the partnership in respect of their liability for rent under the lease. In 1990 the partnership was dissolved but the premises were not disposed of until 2000.In 1997 the trustees of the lease served a statutory demand on Hurst for his share of the rent under the indemnity. At this stage, although the partnership had long since been dissolved, the partnership accounts had not yet been finalised between the former partners. On this basis, Hurst sought to set aside the statutory demand under the United Kingdom’s Insolvency Rules 1986 (r 6. 5(4)(a)). He claimed that the statutory demand should be set aside since he had a counterclaim which would exceed the amount of the statutory demand. In the High Court, Ferris J dismissed Hurst’s claim on the grounds that it was unlikely that on the taking of the full partnership accounts it would be found that a balance was due to Hurst.Ferris J also held that the trustees' claim against Hurst was under the indemnity and not in their capacity as partners so that his claim against them as trustees lacked the necessary mutuality for a counterclaim or cross-demand. Hurst appealed. The appeal was dismissed by the Court of Appeal. It was held that until the final partnership account was drawn up it could not be said that there would or might be a balance in favour of the plaintiff which would be due from the trustees as partners . In addition, there was no prospect of the account being taken in the foreseeable future, if at all, and accordingly there was no triable issue resulting from the plaintiff's cross-demand which would justify setting aside the demand. In addition, the Court of Appeal considered the mutuality issue.It held that mutuality was lacking because the debt on which the statutory demand was based was one to which the trustees alone were entitled whereas the proposed cross-claim would be against all the partners jointly. _________December 2001________ ______Breach of Constructive Trust by PartnerLiability of a partner for the actions of his co-partner – Co-partners settle with plaintiff – Action for contribution against concurrent wrongdoers of errant partner – Defence to contribution that co-partners were not originally liable under s 10 of the Partnership Act 1890 – Whether partners liable under s 10 for breach of constructive trust by co-partner -Dubai Aluminium Company Ltd v Salaam and Others [2000] 3 WLR 910.In this case the chief executive of the plaintiff company had conspired with Salaam and his solicitor, Amhurst, to steal $50 million from the plaintiff by using a series of sham contracts. Amhurst was sued on the basis that he had knowingly assisted the chief executive to breach his fiduciary duty. The issue before the court was whether Amhurst’s partners in the law firm were also liable to the plaintiff for their partner’s actions under s 10 of the Partnership Act 1890. Section 10 provides that â€Å"[w]here, by any wrongful act or omission of any partner acting in the ordinary course of business of the firm, or with the authority of his co-partners, loss or injury is caused to any person not being a partner in the firm, or any penalty is incurred, the firm is liable therefor to the same extent as the partner so acting or mitting to act. † During the course of the trial against Amhurst, the partners in his firm had settled with the plaintiff for a payment of $10m. The present action concerned a contribution which these partners sought to this settlement from Salaam and the chief executive of the plaintiff company. However their defence to the action for a contribution was that the partners were not in fact liable to the plaintiff under s 10 of the Partnership Act 1890. This defence was grounded on the claim that Amhurst’s liability was for dishonest assistance which was a liability in constructive trust, while s 10 was concerned with liability in tort or by reason of agency.In the English High Court, Rix J held that s 10 was expressed in the widest terms, referring to ‘any wrongful omission’ causing ‘loss or injury’ or in the incurring of a penalty. Accordingly, he held that the section extended beyond torts to wrongs such as in this case, accessory liability in equity and he therefore allowed the action for contribution. This judgment was appealed to the C ourt of Appeal where it was reversed. The Court of Appeal agreed with Rix J that s 10 of the Partnership Act 1890 extended to all wrongs and not just torts. However, on the facts of the case, the court held that the actions of Amhurst were not ‘within the ordinary course of business’ of the firm and therefore the partners in the firm were not liable therefor.Mr Amhurst had taken a very active part in planning and instigating a dishonest scheme whereby the plaintiff company would be defrauded of large sums of money, including drafting sham agreements. The Court of Appeal held that there was no evidence to suggest that Amhurst’s partners authorised him to act as he did and as it was not part of the ordinary business of a firm to plan and draft sham agreements, these actions were not binding on the firm. Evans LJ argued that as vicarious liability under s 13 of the Partnership Act 1890 requires notice on the part of the partners in question, it would be anomalous if a partner was to be vicariously liable for the accessory liability of a partner who was a constructive trustee for giving knowing assistance to a breach of trust or fiduciary duty where there is no notice.The result would have been different according to Evans LJ if the firm’s clients had not been involved in the breach of fiduciary duty in question. Aldous LJ held that if Amhurst’s involvement had been restricted to drafting agreements, his actions would have been within the ordinary course of business of the firm. However, his role was to plan, draft and sign sham agreements which were known to be dishonest and this was not within the ordinary course of business of a firm. The participants in the scam were not his clients or clients of the firm. These wrongdoers could not have believed that Mr Amhurst was acting with the apparent authority of his partners, because they knew him to be acting dishonestly.On this basis the Court of Appeal held that the ‘innocentà ¢â‚¬â„¢ partners would not have been held liable to the plaintiff for Mr Amhurst’s actions and therefore they were not entitled to claim a contribution from the Salaam and the chief executive in respect of the sum which they had paid in settlement of the plaintiff’s claim against them for vicarious liability for the actions of Mr Amhurst. _____________ _____Breach of Trust by PartnerBreach of trust by a partner – Solicitors’ partnership – Liability of firm for breach – Whether partner acting in the ‘ordinary course of business’ – Wwhether firm liable – Section 10 of the Partnership Act 1890 – Walker and others v Stones and others [2000] 4 All ER 412. This case involved an action for breach of trust against Mr Stones, a trustee. Unlike the case of Dubai Aluminium Co Ltd v Salaam [2000] 3 WLR 910, this case did not involve a constructive trust, but rather a situation where a partner in a law firm agreed to bec ome a trustee of a family trust.When this partner allegedly breached this trust by benefiting the father who set up the trust, rather than the beneficiaries of the trust,, the issue arose as to whether his partners were vicariously liable for the alleged breach of trust. In the Court of Appeal, Sir Christopher Slade considered sections 10-13 of the Partnership Act 1890 as they apply to breaches of trust. On the one hand, s 10 of the Partnership Act 1890 provides that a firm is liable for the wrongs committed by a partner in the ordinary course of business of the firm, while on the other hand s 13 of the Partnership Act 1890 deals with breaches of trust by a partner. This latter section provides that where a partner is a trustee, liability does not attach to his co-partners if there is a breach of trust unless the co-partners have notice of the breach of trust.On this basis, Sir Christopher Slade concluded that s 13 deals with a situation where a partner agrees to be a trustee (a tru stee partner) while s 10 would apply to a situation where a partner, not already being a trustee, conducts himself as an accessory to a breach of trust so as to constitute himself a constructive trustee. Section 13 assumes that the individual trusteeship which a partner undertakes is not something undertaken in the ordinary course of business of the firm, since otherwise it would be inconsistent with s 11 (which provides for the firm to be liable where there is a misapplication of property received by a firm or a partner where the property is received within the ordinary course of business of the firm. He thus concluded that s 10 had no application to breaches of trust committed by a partner, who agrees to be a partner (a trustee partner) since the legislature assumed in drafting the Partnership Act 1890 that breaches of trust committed by a trustee partner fell outside the ordinary business of a partnership and therefore did not give rise to liability on the part of the firm, under s 10. He observed that sections 10-13 of the Partnership Act 1890 applied to all partnerships, and not just solicitors’ partnerships, and for this reason one should not be surprised that individual trusteeship by a partner was not within the ordinary course of business of a firm. On this basis, he held that the innocent partners in the law firm could not be vicariously liable for the alleged breach of trust by Mr Stones under s 10 nor under s 13, since the innocent partners were not aware of the alleged breach. __ ______Duty of Care between PartnersNegligence by partner in law firm causing loss to client – Also causes financial loss to his co-partners since they are liable to pay excess on insurance policy – Whether negligent partner owes duty of care to his co-partners – Ross Harper & Murphy v Banks Outer House, Court of Session, Scotland, unrep, 11 May 2000. The defendant had been a partner in the plaintiff firm. He had negligently advised a client of the firm in relation to a conveyancing transaction and the firm had been successfully sued by the client for the damages caused by this negligence. The firm’s insurance policy covered the firm’s liability in this regard, save for the excess of ? 20,000 which had to be paid by the partners in the firm. The partners in the plaintiff firm now wished to recover this excess from the defendant partner.They claimed that they were owed a duty by the defendant that he would exercise reasonable care in his duties as a partner so as not to expose the partnership to claims for professional negligence, which he had breached by not examining the title of the property in this case with sufficient care. In view of the limited authority on this area, this was an important judgment by Lord Hamilton. He concluded that a â€Å"partner may in certain circumstances be liable in damages to his firm (and secondarily to his co-partners) for loss sustained by reason of liability incurred to a third party and these circumstances are not restricted to those where the offending partner has been responsible for fraudulent or illegal activity; the duty extends, in my view, to a duty of care†¦. In the absence of clear and binding authority I favour a standard which requires the exercise of reasonable care in all the relevant circumstances.Those circumstances will include recognition that the relationship is one of partnership (which may import some mutual tolerance of error), the nature of the particular business conducted by that partnership (including any risks or hazards attendant on it) and any practices adopted by that partnership in the conduct of that business†¦. In respect of liabilities incurred by the firm to a third party, it is, however, important to notice that breach of a duty of reasonable care to the third party will not of itself import a breach by the â€Å"delinquent† partner of his obligation to the firm. † For this reason, the court held that the issue should be put out for a hearing by order on further procedure. | |