Léopold Sédar Senghor :: essays research papers

Lopold Sdar SenghorSenegalese poet and statesman, founder of the Senegalese Democratic Bloc. Senghor was elected president of Senegal in the 1960s. He retired from office in 1980. He was one of the originators of the concept of Ngritude, defined as the literary and artistic expression of the black African experience. In historical scene the term has been seen as a reaction against French colonialism and a refutation of African culture. It has deeply influnced the strengthening of African identity in the French-speaking black world. "Lmotion est ngre, la raision est hllne." (emotion is Negro, reason is Greek) "Negritude is the congeries of the cultural values of the Black world." Lopold Sdar Senghor was born in Joal-la-Portugaise, a small fishing vilage about seventy miles south of Dakar. His forefather was of noble descent and wealthy merchant. His mother was a Peul, one of a pastoral and nomadic people. Later Senghor wrote "I grew up in the heartland of Afri ca, at the crossroads / Of castes and races and roads" The first seven years of his life Senghor spent in Djilor with his mother and maternal uncles and aunts. At the age of twelve, he attend the Catholic mission school of Ngazobil. He continued his studied at the Libermann Seminary and Lyce Van Vollenhoven, finishing secondary-school education in 1928. After gentle a state scholarship, Senghor then moved to Paris and graduated from the Lyce Louis-le-grand in 1931. During these years he read African-American poets of the Harlem Renaissance and much(prenominal) French poets as Rimbaud, Mallarm, Baudelaire, Verlaine and Valry. Among Senghors s friends were Aim Cesaire, with whom he would develope the idea of Negritude, and Georges Pompidou, who posterior elected President of France. In 1932 Senghor was granted French citizenship. He served in a regiment of colonial infantry and in 1935 he obtained the agrgation grad in grammar. From 1935 he worked as a teacher, notably at Ly ce Descartes in Tours, then in Paris at Lyce Marcelin Berthelot. At the outbreak of World War II, he joined the French army, notwithstanding was captured by the Germans and spent eighteen months in a camp as a prisoner of war. During this period he learned German and wrote poems, which were produce in HOSTIES NOIRES (1948). In 1944 he was appointed professor of African languages at the cole Nationale de la France dOutre-Mer. Senghors first collection of poems, CHANTS DOMBRE (1945), was inspired by the philosopher Henri Bergson, and dealt with the themes of dismiss and nostalgia.

Women’s New Role Essay -- Essays Papers

Womens New eccentricIn coming to understand what it meant to be a girl I was change by my era, womens sports, and the place that I was raised, as much as the independent feminist spirit that my mom was exposed to and possessed. My catchs mom raised her to believe and accept the traditional female role. My nanna put emphasis on the women staying home and existing solely as a support system for the man. She found comfort and security discerning that it was the mans burden to bring home the bacon. My m another(prenominal), however was influenced by the time and took it upon herself to take care of herself and make her own m whizy. At a young age she along with many other women of her time cute to rebel against the expected role and thus have a more(prenominal) fulfilling life. Family and children were an important priority for her but she felt strongly that she could do more. Her parents had a wonderful and loving relationship but her father had three considerable heart atta cks at age 42 and was not suppose to bouncing a year. My mother was one of the oldest of eight children and was well aware of her mothers very frightening predicament. This aforementioned life experience and her inbuilt desire to educate herself made her believe that women could do more. My mother did neediness to marry but wanted to be in the marriage because she wanted to not because she had to stay in an unpleasant situation. She wanted to make it on her own. She did not want a man to control her and most of all in all to tell her what to do. Her competitive drive for success in the business serviceman was luckily passed on to me and gave me the confidence and perseverance that I need to put down through life. My mother taught me that I was a woman, so things may be harder and that I must never e... ...s influential as my role models on the womens US national team. They all gave me the courage and confidence in myself as a woman. Today I am happy to envision that women are coming together and move to inspire each other to take on the world. By simply typing in Women Role model in goggle I found several sites for women engineers, doctors, and writers trying to make something out of their lives. I was happy to see that someday when my young woman is trying to pursue her dream that she entrust have options because of the risks these women took. And I will be proud to be able to say that I was one of those women. Work CitedDorance, Anson. Telephone interview. 29 may 2003.Gonzales, Monica. Personal interview. 30 May 2003.Hamm, Mia. Go for the Goal. HaperCollings. NY 1999.Lilly, Kristine. Personal interview. 30 May 2003.UNCtarheel.com.May 31 2003.

Marketing Research on Red Bull Energy Drink in Vietnam Market Essay

1 Objective Nowadays, energy drinks becoming an important part in food trade memory great number of consumer in the world as well as in Vietnam. Thinking approximately high energy drink branches, many a(prenominal) customers think to a greater extent or less a popular learn expiration bull. How flourishing this branch is, the way they develop their mark and how was they c bed in Vietnams market. Everything cogitate with departure bull get out explained in this research. 2 Targets In this research, Customers, market sh ar and Advertising are foc utilise most.Through 3 literary yieldions re observes, much information about Customers, Market share and Advertising will discoed. 3 S throwholder Supplier Absolutely compliance all regulations in the pinch between producer and provider about timely and the quality keen materials as well as payments. The common purpose is getting benefit. The supplier can get benefit from selling raw materials while cherry-red hair Vietna m get from selling finished products Distribute Channels producer can non go every where to sell their products.They impoverishment to the helps from swoon channels include representatives, wholesalers and retailer. These distribute channels can be push away from producer depend on their agreement. Union is an organization which can value the benefits of staffs and workers in ships go with. red ink shucks also try to care for the vitality of staffs and workers, invest money to improve the skills of workers, depict them feel free when working, spiel the best effectiveness for production Government A legal company is that is not only unlawful, but also full implementation of obligations with the government.It is taxation. This is a condition for government to consider the legitimacy of that company Beside that, there are some organizations such as Vinatas_ The Standard and harbor consumers Vietnam which will representing for consumers and protect for the benefits of con sumers when their benefits were violated. 4 Background (PEST) POLITICAL-In the beverage market of Vietnam, inflammation Bull is the non-alcoholic drinks ehich was original introduced , namely nothing Drinks- A phase Energy Drinks is not rattling credible.It is easy to be banned in domestic market if fortuity the scandals that relevant to the quality or safety such as containing cocaine or other drugs ECONOMICS-Red Bull is a special drinks and it serve for a niche market. Their target customers is sportsmen or pot who must catchy an d need to to pushed up-Product life cycles quickly, easy to turnover SOCIAL-At the beginning, no many people wanted to try it because the psychology suspect.but now people are changing and tend to open more new experiences- People take care more about healthy, only using products which have been support by Health organizations- Red Bull has appeared in Vietnam market for a abundant time and has built a strong image in customers mind TECHNOLOGY - Technique requires high technology, line forward-looking machinery, closed line, ensure hygiene and safety-The main types of packaging are cans and glaze over bottle.Can is made from recyclable aluminum which is very friendly with environment.moreover, scratch bottle aldo can be recycled, therefore not be detrimental for our environments ( Red Bull_ The macro environment, 2009) Although still having a little bit difficulties about political, Red bull is a strong brand that has been a long time n customers mind, with many advantages of technology and economic, Red Bull has a potential opportunity to develop more and more in Vietnam beverage market. PEST Analysis 5 Literature analyze 5. 1 Literature review 1 (Customers) Red Bulls one of the crowinggest energy drink branches all over the world no one can negate that.It seems not to stop at that topographic point but keep developing wider and deeper. Red bull grasps in his fade which kinds of customer want to recover their energy faster and aim them as the target customer of branch. They are in the age from 18 to 35, who need more and more energy for work, study with serious stress and extol their life in nightclubs. Especially, universities are the solid place to consume product every night and day because many students feel very hard to concentrate on their study without Red bull. So that this branchs trying to create their promotional strategies target straight to university and students.(Red Bull IMC Plan, 2008) In Vietnam, Red bulls still a popular name in different appearance red tin, blue words trade from Thailand or made in Binh Duong-Vietnam . However, recent years, its market share in energy drink market is decreasing lower than other branches such as Sting from Pepsico or Number1 from Coca-cola, even unmarketable. Many audiences have doubts about its quality, wonder if its not good for health with nicotine or jadet like its taste. Red bull seems to have more good strategies to please Vi etnamese customers. (Red Bull ban t? i VN co ? nh hu? ng d? n s? c kh? e? , 2009) 5. 2 Literature review 2 (Market share).Red Bull is the product of Energy Drinks which are dominate in the market now. It has been in more than one hundred countries all over the world. Production of annual sales is about 1 billion cans, the revenue of Red Bull has increased from 920 million USD in 2001 to 2 billion USD in 2004 ( Red Bull- Anh hung tu con so khong, 2007) In Vietnam, Red Bull Energy Dinks are becoming more and more popular. In any restaurant or bar, this beverage always be the first choice of custormers. The market share of Soft Drinks in Vietnam has been increased, bonny is 2% per year between 2001-2006 ( Soft Drinks in Vietnam to 2011, 2007).The leading company in this filed is Red Bull company, the second is Pepsico with Sting ( Soft Drinks in Vietnam to 2011, 2007). The market share of Red Bull has decreased slightly in recent year, when some brands such as Coca-Cola, Pepsico, Wo nderfarmhave been successful in constructing the image in Vietnam market, however, Red Bull still overriding in the market in Vietnam, about 30% of market share, productiveness of Red Bull increased to 7 million safes per year (tuoitre. com. vn, 2009). Nowadays, Red Bull get 70% of global market share (Soft Drinks in Vietnam to 2011, 2007).It is because of strong brand name and large of number people ravish this attractive beverage. 5. 3 Literature review 3 (Advertising) Red Bull is a famous brand of energy drink in europium and all over the world. It was found out by Dietrich Mateschitz in 1982, in a trip of him to Hong Kong. Nowadays, Red Bull almost has no antagonist in energy drink market, thanks to the brilliant marketing and advertisings strategies of Dietrich. forwards Red Bull has come out of any market, Mateschitz always make a statement in public as he not only sold drinks, but also sold a cheerful, homy feeling for consumers (SGGP, 2009).According to Hong Nhung (2 008), Mateschitz has used sports as a tool to build the image of Red Bull brand, as he bought racing and football game teams and renamed it following Red Bull. Of course, the traditional advertising, TV and radio have been used widely, to expand the brand of Red Bull. On the other hand, organize big shows was also one great way to advertise of Mateschitz, as the Red Bull Music Academy, a show of over 50 DJ was showed twice a week in Berlin the first time in 1998 (Vietnambranding, 2008). 6 Reference list 1.Red Bull_ The macro environment 2009, drawert. com, viewed 30 July 2009 http//www.drawert. com/red_bull_4. php. 2 Red Bull IMC Plan 2008, megaessays. com, viewed 30 July 2009 http//www. megaessays. com/viewpaper/14478. html 3 Red Bull ban t? i VN co ? nh hu? ng d? n s? c kh? e? 2009, thegioitrithuc. vn, viewed 30 July 2009 http//thegioitrithuc. vn/content/view/23874/169/ 4Red Bull- Anh hung tu con so khong, 2007, socbay. com, viewed 29 July 2009 http//www. socbay. com/news/detail /red-bull-anh-hung-tu-con-so-khong/600896582/50397184/0. html 5 Kho? ng tr? ng th? tru? ng n? i d? a K? 3 Nh? ng cach lam thanh cong, 2009, tuoitre. com. vn, viewed 29 July 2009.http//www. tuoitre. com. vn/Tianyon/Index. aspx? ArticleID=302421&ChannelID=11 6 Soft Drinks in Vietnam to 2011, 2007, researchandmarket. com, viewed 29 July 2009 http//www. researchandmarkets. com/reports/586703 7SGGP, 2009, Red Bull thuong hieu manh ve nuoc tang luc, Xa lo, viewed twenty-fourth July, 2009, http//tintuc. xalo. vn/20-2043108925/red_bull_thuong_hieu_manh_ve_nuoc_uong_tang_luc. html. 8Hong Nhung, 2008, Dietrich Mateschitz Nguoi lam nen Red Bull, VietnamleaderI, viewed 25th july, 2009, http//www. vietnamleader. com/index. php? option=com_content&view=article&am.

Earl of Warwick in revolt against Edward IV by 1469 Essay

Richard Neville, Earl of Warwick has been labelled by historic tradition, with some justification, as the top executivemaker. It is with his brave out that Edward IV was able claim the kitty from Henry VI, Warwicks support during the Wars of the Roses, and especially at the Battle of Towton was critical in putting the first Yorkist nance on the throne. It is clear that he was instrumental in Edwards rise to the throne, except his contri plainlyion has sometimes been overemphasised. Pickering suggests that their bond certificate in ta fag the throne was equal, the victories Edwards own and even that Edward seemed more sense experience in battle than his ally. He says Edward was neither made by Warwick, nor controlled by him. Nevertheless, his relationship with Richard, both(prenominal) as an ally and a friend, must agree been genuinely good. What lead him then, less than a decade later, to revolt against Richard in support of the exiled Henry VI?The first thing to understa nd around Warwick was his character and to see that it was pure ambition that drove him. With the romanticism that the figure major powermaker implies, one could picture him as the distinguished-knight. However he seems to control distant from the vignette that is perceived from the word Kingmaker. Keen says of him Warwick was non a exclusively attractive character. His temper was short, and when thwarted he was sullenly unforgiving. The Old side Chronicle (edited by T.Hearne) describes the unquenched ambition that drove him his insatiable mind could not be contentthither was none in England who was forward him or who owned half the possessions that he didyet he desired more.It is with the possessions and the patronage that Richard Nevilles grievances with the king started to appear. Edward IV, as previously explained, came to the throne very much as Warwicks protg. He must have thought that with Edward on the throne he would have a irresponsible influence over the king, a nd with this influence the obvious power he so desired.Warwick was rewarded handsomely for his act support, given titles and territories such as Captain of Calais, admiral of England and constable of Dover Castle, all of which were very important (and flop) posts. He was by far the mightiest of Richards subjects, however he lacked the monopoly of Royal power that he yearned for, as royal patronage was (right intacty) extended to other leading Yorkists. Most prominently was Warwicks stewardship of the duchy of Lancaster, given to Lord Hastings, and the lieutenancy of Southern Wales which was given to the deep knighted, Sir William Herbert.Despite this set back for Warwick, he still was in full support of Edward, and to some extent had control of Edwards thinking. Edward was still a relatively young king, and Warwick was there for advice, and with friend in making decisions. Warwicks support was also necessary for Edward, as his kingship was still under-threat in the north and due west by Margaret of Anjous continued attempts to re-instate her husband to the throne. This drove Edward and Warwick together advertize more during the early years of Edwards reign, and indeed in 1462 Warwick seemed to have won a decisive battle for Edward. He forced the lords in Bramburgh (including pass and Sir Ralph Percy) to surrender to Edwards allegiance, on the condition that their lands were re-instated. Although this was not the final bothers Edward faced from the Lancastrian supporters during his reign, it showed that in 1462, Warwick was firmly behind Edward as King of Britain.A broker which historians have usually put forward as a study cause of Warwicks treachery is Edwardss brotherhood to Elizabeth Woodville. In 1464, Warwick was, to throw out the kings alliance to France, arranging a trades union between the King and a French Princess. In the final stages of these arrangements, on 14th September 1464, Edward revealed to Warwick and the liberalization of h is assembled nobles at the council in Reading, that he was already married to Elizabeth.The assembled magnets were stunned and scare at the news, and it especially hurtful to Warwick whos embarrassment over the totally French alliance marriage affair must have been huge. The score of the time (Edited by J.Warkworth), says that after the announcement (The Earl of Warwick was) greatly displeased with the kingAnd yet they were reconciled several times but they never love each other afterwardsOne must however watch of putting, as traditionally been done, too much emphasise on this marriage as a turning point in the relationships between Edward IV and Richard Neville. It is certainly a major factor in the breakdown of their relationship, however one must take into account that it occurred five years before Warwicks revolt, and Warwick, at least publicly, still supported the king during these years.Having say this, Richards marriage, though romantic and loving, was a serious, irrespon sible mistake for a king to make. Elizabeth was, by Richardss standards, a commoner. Edward was the first king since the Norman achievement to marry a commoner however this was not really the problem it was that he missed out on strengthening his position as king by arranging a more political marriage. moreover by marrying a Woodville, he alienated his other major noble families, especially the Nevilles. The Woodvilles, much to Warwicks and others annoyance, managed with this marriage to promote their family to the upper echelons of the slope aristocracy. It also enabled them to marry off some of their lesser relations to be married to either nobility or families of a very spunky standing which further enhanced their political position.The marriage did have crucial repercussions for the relationship of Edward and Richard, however Keen points out, that alternatively than the damage the marriage itself caused, it was the undermining of Warwicks plans that led to their relationshi p,If the marriage of the king put a period to his hail-fellow association with Warwick-and it did-this was not, it would seem, because of its domestic repercussions, but because it was a direct challenge to Warwicks continual diplomacy.It was not, as the quotation states, because of the repercussions of the marriage domestically that Warwick felt aggrieved, rather it was because it aired publicly and formally for the first time Edwardss contrast in opinion with Warwick about the foreign policy that they should employ. It was clear from Warwicks failed attempt to marry Richard off to a French Princess that Warwick was in spare of Edward forming an alliance with Englands traditional enemies, the French. Indeed, he had been in regular fit with Louis XI of France, in an attempt to broker an alliance between France and England. Richard, conversely, cute put his support in his present enemy, the Burgundians.This was a contentious come on for the King to deal with, his leading adviso r, whose protg, he was, had completely antithetic views upon the very important issue of foreign relations, and it was hear that Edward proved that he was no longer dependent, or felt indebt of Warwick. He favoured the Burgundian option, and ignoring Richardss pressure, he applied for and was granted a double subsidiary from the parliament to help support the Burgundians and revive English continental ambitions. Edward was maturing into his own king and he began to take more and more control over the running of the kingdom. conversely of course, Richard Nevilles influence over the king was rapidly diminishing, and with this influence the power he so lusted after.It was this Maturity, and the lack of power that Warwick was afforded that ultimately, I believe led to Warwicks treachery. He had, when Edward was young, influenced and controlled the King. He had had his power that his personality demanded, however as Edward matured he started to take things into his own hands, which Rich ard, having tasted power, could not take. To make matters worse for Richard, power was existence taken away from him and given to other nobility. His siblings were being passed over for marriage that was being afforded to others, and although his brother, George Neville, was enthroned as archbishop of York in September 1465, he felt his and his families power-base was faltering. It was here that Warwick decided to act, for the first time, against the king, in an attempt to enhance his standing.Firstly Warwick continued to negotiate with Louis XI. Keen describes Warwicks actions,For four years he quite continued to pursue with Louiss encouragement what was in effect a private diplomacy of his own, independent and opposed to that of the kingHe was efficaciously siding against his own king, believing the French to be more powerful than the Burgundians and also enhancing his own power-base if he ever wanted to challenge the king (which he goes onto do).At much the same time, however, Warwick was engineering the marriage, against the Kings wishes, of his daughter, Isabel, to the kings younger brother and presumptive heir, George, Duke of Clarence. He would, if this marriage went ahead, become today more powerful, and a pose a threat to the Woodvilles dominance. Clarence, ilk Warwick, was extremely ambitious and would do almost anything to further his own cause. By the spring of 1469 Warwick and Clarence were in league with one another and also with Louis XI to undermine the Woodvilles, and possibly to over throw the king. Pickering says Clarence encouraged Warwick to turn against the King and helped spread the rumour that his brother was not Duke Richards son but the bastard of an archer called BlaybourneThis rumour was almost certainly unfounded, yet both risked turning against their own king They did this for their own gain, one with the view of fetching his brothers place as king, the other with the view to once again compulsory the king himself. Thus in July 1469, Clarence defied his brothers wishes and married Isabel and on the 12th July, Warwick, with the support of his brother Archbishop Neville and George, Duke of Clarence, published the Calais Manifesto.

Water Pollution Occurs When Pollutants Are Discharged Environmental Sciences Essay

piss defilement is the becloud of urine entire structures ( e.g. lakes, rivers, oceans and groundwater ) . body of water contaminant affects workss and worlds populating in these organic structures of weewee and, in closely all instances the consequence is damaging non merely to single species and worlds, more over likewise to the natural biologic communities.Water pollution occurs when pollutants atomic number 18 wash upd like a shot or indirectly into water organic structures without equal hinderance to reward harmful compounds.IntroductionWater pollution is a major theorize in the planetary context. It has been suggested that it is the taking worldwide ca drill of deceases and diseases, and that it accounts for the deceases of more than 14,000 stack daily. An estimated 700 hang aroundion Indians deliver no entree to a proper lavatory, and 1,000 Indian kids dice of diarrhoeal sickness each twenty-four hours. whatever 90 % of China s metropoliss suffer from rough grade of piss pollution, and about 500 million people lack entree to safe imbibing body of water. In add-on to the acute jobs of piss pollution in exploitation states, in circulaterialised states continue to fight with pollution jobs every blot good. In the close recent national study on H2O step in the United States, 45 per centum of assessed watercourse stat mis, 47 per centum of assessed lake estates, and 32 per centum of assessed bay laurel and estuarine squ atomic number 18 stat mis were sectionalizationified as begrime.Water is typicly referred to as polluted when it is impaired by anthropogenetic contaminations and either does non back up a human being usance, similar helping as imbibing H2O, and/or undergoes a pronounced displacement in its ability to back up its positive biotic communities, much(prenominal)(prenominal) as fish. Natural phenomena such as vents, algae blooms, storms, and temblors besides cause major alterations in H2O quality and the ecological position of H2O.Water pollution classs Surface H2O and groundwater have oft been studied and managed as separate resources, although they be interrelated. Beginnings of fold up H2O pollution atomic number 18 by and large grouped into two classs based on their stemma.Point beginning pollution refers to contaminations that enter a waterway by dint of a distinct conveyance, such as a pipe or ditch. Examples of beginnings in this class implicate discharges from a gutter interference works, a mill, or a metropolis storm drain. The U.S. Clean Water exemplify ( CWA ) defines occlusive beginning for regulative enforcement intents. The CWA definition of point beginning was amend in 1987 to hold municipal storm cloaca systems, every minute of arc good as industrial stormwater, such as from expression sites.Non-point beginning ( NPS ) pollution refers to spread befog that does non arise from a individual decided beginning. NPS pollution is frequently the cumulati ve consequence of little sums of contaminations gathered from a tumid country. The leaching out of nitrogen compounds from agricultural land which has been fertilized is a typical illustration. Nutrient over return in stormwater from sheet flow over an agricultural field or a wood are besides cited as illustrations of NPS pollution. Contaminated storm H2O washed arrive at of park tonss, roads and main roads, called urban overflow, is sometimes implicated under the class of NPS pollution. However, this overflow is typically channeled into storm drain systems and discharged through pipes to local anesthetic fold up Waterss, and is a point beginning. However where such H2O is non channeled and drains straight off to anchor it is a non-point beginning.Groundwater pollution Interactions between groundwater and get along H2O are complex. Consequently, groundwater pollution, sometimes referred to as groundwater taint, is non as easy classified as come forth H2O pollution. By its really nature, groundwater aquifers are susceptible to taint from beginnings that whitethorn non straight affect climb H2O organic structures, and the differentiation of point vs. non-point beginning whitethorn be irrelevant. A spill or on-going releases of chemic or radionuclide contaminations into shite ( located off from a surface H2O organic structure ) may non make point beginning or non-point beginning pollution, but bottomland pollute the aquifer below, defined as a toxin plume. The motion of the plume, a plume forepart, force out be portion of a Hydrological conveyance theoretical account or Groundwater theoretical account. Analysis of groundwater taint may concentrate on the dirt features and site geology, hydrogeology, hydrology, and the nature of the contaminations.Causes of H2O pollutionThe specific contaminations taking to pollution in H2O include a broad spectrum of chemic substances, pathogens, and physical or centripetal alterations such as elevated temperatu re and stain. While many of the chemicals and substances that are regulated may be of course happening ( Ca, Na, Fe, manganese, etc. ) the ducking is frequently the key in discoverying what is a natural constituent of H2O, and what is a contamination.Oxygen-depleting substances may be natural stuffs, such as works affair ( e.g. foliages and grass ) every bit good as semisynthetic chemicals. Other natural and anthropogenetic substances may do turbidness ( cloud cover ) which blocks visible light beam and disrupts works growing, and clogs the gills of some fish species. Many of the chemical substances are toxicant. Pathogens can bring forth waterborne diseases in either human or beastly hosts. Change of H2O s physical chemical wisdom includes sourness ( alteration in pH ) , electrical conduction, temperature, and eutrophication. Eutrophication is an addition in the concentration of chemical foods in an ecosystem to an extent that increases in the primary productiveness of the ec osystem. Depending on the grade of eutrophication, subsequent negative environmental personal effects such as anoxia ( oxygen depletion ) and terrible decreases in H2O quality may happen, touch oning fish and opposite carnal populations.Pathogens Coliform bacteriums are a normally apply bacterial index of H2O pollution, although non an existent cause of disease. Other microorganisms sometimes found in surface Waterss which have ca utilize human wellness jobs includeBurkholderia pseudomalleiCryptosporidium parvumGiardia lambliaSalm superstarllaNovovirus and other virusesParasitic worms ( parasitic worms ) . High degrees of pathogens may ensue from inadequately case-hardened gutter discharges. This can be ca utilize by a sewerage works designed with less than collateral noise ( more typical in less-developed states ) . In developed states, older metropoliss with aging substructure may hold leaky sewerage aggregation systems ( pipes, pumps, valves ) , which can do drugless cloa ca floods. Some metropoliss besides have combined cloacas, which may fill out untreated sewerage during rain storms.Pathogen discharges may besides be caused by ill managed farm animal operations.Chemical and other contaminations Muddy river polluted by deposit. Photo courtesy of United States Geological Survey. Contaminants may include organic and inorganic substances. Organic H2O pollutants includeDetergentsDisinfection byproducts found in chemically disinfected imbibing H2O, such as trichloromethaneFood bear upon waste, which can include oxygen-demanding substances, fats and lubricating petroleumInsecticides and weedkillers, a immense scope of organohalides and other chemical compoundsPetroleum hydrocarbons, including fuels ( gasolene, Diesel fuel, jet fuels, and fuel oil ) and lubricators ( go oil ) , and fuel burning by-products, from stormwater overflowTree and bush dust from logging operationsVolatile organic compounds ( VOCs ) , such as industrial dissolvers, from imprope r storage. Chlorinated dissolvers, which are heavy non-aqueous stage limpids ( DNAPLs ) , may fall to the fanny of reservoirs, since they do nt blend good with H2O and are denser.Assorted chemical compounds found in personal hygiene and decorative merchandisesInorganic H2O pollutants includeSourness caused by industrial discharges ( particularly sulfur dioxide from indicant workss )Ammonia from nutrient processing wasteChemical waste as industrial byproductsFertilizers incorporating foods &8212 nitrates and phosphates &8212 which are found in stormwater overflow from agribusiness, every bit good as commercial and residential practice. Heavy metals from motor vehicles ( via urban stormwater overflow ) and acerb mine drainageSilt ( deposit ) in overflow from building sites, logging, cut and burn patterns or land clarification sitesMacroscopic pollution big seeable points fouling the H2O may be termed floatables in an urban stormwater context, or marine dust when found on the unf astened seas, and can include such points asTrash ( e.g. paper, plastic, or nutrient waste ) discarded by people on the land, and that are washed by rainfall into storm drains and eventually discharged into surface WaterssNurdles, little omnipresent waterborne plastic pelletsShipwrecks, big derelict ships thermal pollutionThermal pollution is the rise or autumn in the temperature of a natural organic structure of H2O caused by human influence. A common cause of thermic pollution is the usage of H2O as a coolant by power workss and industrial makers. Elevated H2O temperatures decreases O degrees ( which can kill fish ) and affects ecosystem composing, such as impingement by new thermophilic species. Urban overflow may besides kick upstairs temperature in surface Waterss.Thermal pollution can besides be caused by the release of really cold H2O from the base of reservoirs into hummer rivers.Conveyance and chemical reactions of H2O pollutantsMost H2O pollutants are finally carried b y rivers into the oceans. In some countries of the universe the influence can be traced 100 stat mis from the oral cavity by surveies utilizing hydrology conveyance theoretical accounts. right computing machine theoretical accounts such as SWMM or the DSSAM example have been used in many locations worldwide to analyze the component part of pollutants in aquatic systems. Indicator filter feeding species such as copepods have besides been used to analyze pollutant destinies in the New York Bight, for illustration. The full(prenominal)est toxin tonss are non straight at the oral cavity of the Hudson River, but 100 kilometres south, since some(prenominal) yearss are required for incorporation into planktonic tissue. The Hudson discharge flows south along the seashore due to coriolis force. Further South so are countries of O depletion, caused by chemicals utilizing up O and by algae blooms, caused by trim foods from algal cell decease and decomposition. Fish and shellfish putting to deaths have been reported, because toxins climb the nutrient concatenation after little fish cut fine-tune copepods, so big fish eat smaller fish, etc. individually consecutive measure up the nutrient concatenation causes a piecemeal concentration of pollutants such as heavy metals ( e.g. quicksilver ) and relentless organic pollutants such as DDT. This is known as biomagnification, which is on occasion used interchangeably with bioaccumulation.Large coils ( whirls ) in the oceans trap drifting plastic dust. The northernmost Pacific Gyre for illustration has collected the alleged Great Pacific Garbage Patch that is now estimated at 100 times the sizing of Texas. Many of these durable pieces wind up in the tummy of leatherneck birds and animate beings. This consequences in obstructor of digestive tracts which leads to cut down proclivity or even famishment.Many chemicals undergo reactive decay or chemically change particularly over long periods of clip in groundwater res ervoirs. A notable category of such chemicals is the chlorinated hydrocarbons such as trichloroethane ( used in industrial metal degreasing and electronics fabricating ) and tetrachlorethylene used in the dry cleansing industry ( note la raise progresss in liquid C dioxide in dry cleansing that avoids all usage of chemicals ) . some(prenominal) of these chemicals, which are carcinogens themselves, undergo partial decomposition reactions, taking to new speculative chemicals ( including dichloroethylene and vinyl chloride ) .Groundwater pollution is much more hard to slake than surface pollution because groundwater can travel great distances through unobserved aquifers. Non-porous aquifers such as clays partly purify H2O of bacteriums by simple filtration ( surface assimilation and soaking up ) , dilution, and, in some instances, chemical reactions and biological activity nevertheless, in some instances, the pollutants simply transform to dirty contaminations. Groundwater that moves through clefts and caverns is non filtered and can be transported every bit easy as surface H2O. In fact, this can be aggravated by the human proclivity to utilize natural swallow holes as mopess in countries of Karst topography. There are a assortment of secondary effects stemming non from the original pollutant, but a derivative status. An illustration is silt-bearing surface overflow, which can suppress the incursion of self-restraint through the H2O column, haltering photosynthesis in aquatic workss.Measurement of H2O pollutionEnvironmental Scientists delimiting H2O autosamplers. Water pollution may be analyzed through several wide classs of methods physical, chemical and biological. Most convey aggregation of samples, followed by specialised analytical trials. Some methods may be conducted in situ, without trying, such as temperature. Government bureaus and research organisations have produce standardized, validated analytical trial methods to ease the comparison of conse quences from disparate proving events. try out Sampling of H2O for physical or chemical testing can be done by several methods, depending on the truth request and the features of the contamination. Many taint events are aggressively restricted in clip, most normally in association with rain events. For this ground grab samples are frequently unequal for to the full quantifying contamination degrees. Scientists garnering this type of informations frequently habituate auto-sampler devices that pump increases of H2O at either clip or discharge intervals.Sampling for biological proving involves aggregation of workss and/or animate beings from the surface H2O organic structure. Depending on the type of appraisal, the beings may be identified for biosurveys ( population counts ) and returned to the H2O organic structure, or they may be dissected for bio-assaies to find toxicity.Physical testingCommon physical trials of H2O include temperature, solids concentration like entire suspend ed solids ( TSS ) and turbidness.Chemical testingWater samples may be examined utilizing the rules of analytical chemical science. Many published test methods are available for both organic and inorganic compounds. Frequently used methods include pH, biochemical O demand ( BOD ) , chemical O demand ( COD ) , foods ( nitrate and phosphorus compounds ) , metals ( including Cu, Zn, Cd, lead and quicksilver ) , oil and lubricating oil, entire crude oil hydrocarbons ( TPH ) , and pesticides.Biological testingBiological proving involves the usage of works, animate being, and/or microbic indexs to supervise the wellness of an aquatic ecosystem. check up on of H2O pollutionDomestic sewerage Deer Island Waste Water Treatment Plant functioning Boston, Massachusetts and locality. Domestic sewerage is 99.9 % light H2O, the other 0.1 % are pollutants. While found in low concentrations, these pollutants pay off hazard on a big graduated table. In urban countries, domestic sewerage is typically treated by centralised sewerage interference workss. In the U.S. , most of these workss are operated by local regime bureaus, often referred to as publically owned interpolation plants ( POTW ) . Municipal intervention workss are designed to command formulaic pollutants BOD and suspended solids. Well-designed and operated systems ( i.e. , secondary intervention or better ) can take 90 per centum or more of these pollutants. Some workss have extra sub-systems to handle foods and pathogens. Most municipal workss are non designed to handle toxic pollutants found in industrial outflowing.Cities with healthful cloaca floods or combined sewer floods employ one or more technology attacks to cut down discharges of untreated sewerage, including using a green substructure attack to better stormwater counseling message throughout the system, and cut down the hydraulic overloading of the intervention worksfix and replacing of leaking and malfunctioning equipment.increasing overall hydrau lic capacity of the sewerage aggregation system ( frequently a really expensive preference ) .A family or concern non served by a municipal intervention works may hold an single infected armored besiege vehicle, which treats the effluent on site and discharges into the dirt. Alternatively, domestic effluent may be sent to a nearby in private owned intervention system ( e.g. in a rural community ) .Industrial effluent Dissolved air floatation system for handling industrial effluent. Some industrial installations generate ordinary domestic sewerage that can be treated by municipal installations. Industries that generate effluent with high concentrations of conventional pollutants ( e.g. oil and lubricating oil ) , toxic pollutants ( e.g. heavy metals, volatile organic compounds ) or other nonconventional pollutants such as ammonium hydroxide, need specialised intervention systems. Some of these installations can put in a pre-treatment system to take the toxic constituents, and so di rect the partly treated effluent to the municipal system. Industries bring forthing big volumes of effluent typically operate their ain get laid on-site intervention systems.Some industries have been successful at redesigning their meeting place processes to cut down or extinguish pollutants, through a role called pollution bar.Heated H2O generated by power workss or fabricating workss may be controlled with deject pools, semisynthetic organic structures of H2O designed for chilling by vaporization, convection, and radiationchilling towers, which transfer waste heat to the ambience through vaporization and/or heat transportationcogeneration, a surgical procedure where waste heat is recycled for domestic and/or industrial warming intents. agricultural effluent Nonpoint beginning controlsSediment ( loose dirt ) washed off Fieldss is the largest beginning of agricultural pollution in the United States. Farmers may use eroding controls to cut down overflow flows and retain dirt on t heir Fieldss. Common techniques include contour ploughing, harvest mulching, harvest rotary motion, seting perpetual harvests and put ining riparian buffers.Foods ( N and P ) are typically employ to farmland as commercial fertiliser carnal manure or crop-dusting of municipal or industrial effluent ( outflowing ) or sludge. Foods may besides come in overflow from harvest residues, irrigation H2O, wildlife, and atmospheric deposition. Farmers can develop and implement alimentary direction programs to cut down extra application of foods.To minimise pesticide impacts, husbandmans may utilize Integrated curse Management ( IPM ) techniques ( which can include biological pest control ) to obtain control over plagues, cut down trust on chemical pesticides, and protect H2O quality.Point beginning effluent interventionFarms with big farm animal and domestic fowl operations, such as mill farms, are called concentrated animate being feeding operations or confined carnal feeding operation s in the U.S. and are being capable to increasing authorities ordinance. Animal slurries are normally treated by containment in lagunas before disposal by spray or trickle application to grassland. Constructed wetlands are sometimes used to ease intervention of animate being wastes, as are anaerobiotic lagunas. Some carnal slurries are treated by blending with straw and composted at high temperature to bring forth a bacteriologically unfertile and crumbly manure for dirt betterment.Construction site stormwaterSilt fencing installed on a building site. Sediment from building sites is managed by installing oferoding controls, such as mulching and hydroseeding, anddeposit controls, such as deposit basins and silt fencings.Discharge of toxic chemicals such as motor fuels and concrete lavation is prevented by usage ofspill bar and control programs, andspecially designed containers ( e.g. for concrete washout ) and constructions such as overflow controls and recreation berms.Urban overfl ow ( stormwater ) trenchant control of urban overflow involves cut downing the speed and flow of stormwater, every bit good as cut downing pollutant discharges. local anesthetic authoritiess use a assortment of stormwater direction techniques to cut down the effects of urban overflow. These techniques, called best direction patterns ( BMPs ) in the U.S. , may concentrate on H2O measure control, while others focus on bettering H2O quality, and some perform both maps.Pollution bar patterns include low impact development techniques, installing of green roofs and improved chemical handling ( e.g. direction of motor fuels &038 A oil, fertilisers and pesticides ) . Runoff extenuation systems include infiltration basins, bioretention systems, constructed wetlands, tutelage basins and similar devices. Thermal pollution from overflow can be controlled by stormwater direction installations that absorb the overflow or direct it into groundwater, such as bioretention systems and infiltration basins. Retention basins tend to be less effectual at cut downing temperature, as the H2O may be het up by the Sun before being discharged to a receiving watercourse.

Dehumanization of the Jews Essay

Dehumanization is the process of making a mortal less human by taking away the of import things in their life and what coifs them who they are not only the material things that their ideas and morals as well. The Nazis dehumanized millions and millions of Jews during the Holocaust. In Elie Wiesels recollection of his experience in the Germans submerging camps, he explained how brutal the Nazis could be, how they could take a some(prenominal)ones life away in the matter of seconds, and how they change a individuals outlook on life entirely. The Jews were dehumanized from the very commencement exercise of the Holocaust and only grew to be worse.Dehumanization is the process of making a person less human by taking away the pregnant things in their life and what makes them who they are not only the material things scarce their ideas and morals as well. The Nazis dehumanized millions and millions of Jews during the Holocaust. In Elie Wiesels recollection of his experience in t he Germans concentration camps, he explained how brutal the Nazis could be, how they could take a persons life away in the matter of seconds, and how they change a persons outlook on life entirely. The Jews were dehumanized from the very number one of the Holocaust and only grew to be worse.The Nazis didnt make anything easy for them. The Jews endured a continuous struggle that they could do nothing about. In the beginning, it all started with the Germans forcing them out of their homes and sending them to the ghettos. The Nazis stripped them of their rights, took away their belongings, and removed them from their daily lives. This left wing-hand(a) them with nothing. They left piece of ass their lives. To live? I dont attach any sizeableness to my life any more. Im alone, states an early deportee, Moshe the Beadle. (pg. 5) The Jews were ridded of all brain of security.Once they arrived at the concentration camps, they were struck with some other loss of themselves. At the c amp, they received tattoos. These tattoos were a series of numbers which represented who they were in the concentration camps. They were known as numbers, not people, numbers. A physique is sacred. A name is who you are, without it, youre only a being. They were people with friends and family that knew them by this name, their name. It was just another way to break away the ties of humanity. In the camps, the prisoners were treated like animals.They had to exertion all day long. They had to eat when they were told to eat. They had do everything they were told. If anyone misbe named they would be shot refine like dogs. Wiesel asks, Was there a single place here where you were not in danger of death? (pg. 37) A human is meant to be free, do as they please, and not live life in fear. The Jews werent allowed to have these luxuries anymore. They were worn down to nothing, which is exactly what Hitler was trying to do. Dehumanization was carried on passim the Holocaust. The Nazis wan ted the Jews gone.They made them flee their homes and their personal lives. They were left with nothing. They were given numbers in replace of their own name, the name that makes them the person they grew up as. They Jewish prisoners were treated like animals. They worked, hardly ate, hardly slept, and worked some more. If someone was to do the slightest thing wrong, they were shot down. The person they used to be is gone. The Jewish werent given a chance to fight for their lives. The Nazis made this impossible. They had to hold onto the little bit of hope left in their wounded hearts.

All Adoption Records Should be Open to Adopted People over Eighteen Years Old

The burdens of having acceptance documents appear-of-doors for access by the espouse tidy sum who are everywhere cardinal years has caused a cover of het debate in America. There has been a revolution in the credence scene as some of the states have well-groundedized the beginning of previously tight sufferance documents.There are raging debates due to the controversy which is brought by initiative and sealing the adoption records. The rightfield of the cause parent to privacy is weighed against the unplumbed right of the select bad to know and the right to equality. This paper seeks to bring down out the earths as to why these previously pie-eyed documents should be open for follow large(p)s.There are more than six million adoptees in the fall in States of America. Currently, only six states in America offer the open super delegateence of adoption records. These are Tennessee, Hawaii, Delaware, Alabama, Kansas and Alaska (Mabry & Kelly, 357).In well-n igh of the other states, the original cause certificate and the adoption documents are non accessible to allone without a royal court order. Alabama allows the theory of these documents only after consent while operating theatre and Tennessee excessively rent consent from the court. In Tennessee, the adult adoptee is forbidden for establishing inter-group communication.Some states suggest the use of specific search and consent protocols which require the agency to localize either member of the adoption tierce enquire whether they would allow their personal identity operator to be revealed to the other member (Mabry & Kelly, 359).The adoption tierce refers to the follow adult, the adopted parents and the redeem parents. chess opening adoption documents or records refers to qualification a variety of previously confidential and sealed teaching available to a member of the adoption triad.These adoption records can be either the original unammended birthing ce rtificate, the court records from the adoption and other confidential information including the adoption agencys documents which may reveal the identity of any of the members of the triad (Mabry & Kelly, 369).After an surrogate placement is finalized, the original documents and documents proceeding from these cases are closed.Most adopted adults are in favor of the opening of the adoption documents primarily to ease their search for their birth parents or eliminate the need for a search. They argue that keeping these documents sealed from adopted adults, impairs with their emotional status and denies them of their right to know the identity of their parents equivalent every other person. credence documents were initially sealed in order to cherish any members of the adoption triad from the prevailing attitudes of the time. There was a lot of social make arising from illegitimacy and infertility. People were in like manner stigmatized based on their wealth or other features i n their families.The courts felt that the exposure of the triad especially the boor to these attitudes would hinder their potential. Sealing adoption documents allowed the adopted pincer to grow up without these additional pressures from the society (Mabry & Kelly, 436).The main reason as to why the adoption documents were sealed was to protect the adoption triad from social stigma associated with illegitimacy and infertility.The changing times have eliminated this stigma as millions of slew nowadays choose not to get married, to catch single parents or even get married and choose not to have any children. Any stigma associated with either of these has been eroded over time.The opening of adoption records only for adopted adults over the age of eighteen years ensures that they are already emotionally and mentally developed and the chances of their birth parents affecting their development is minimized.Adoption documents allow the adopted adult to find out of any genetic condi tions which they may have inherited from their birth parents. The familiarity of any genetic predisposition to life threatening medical conditions allows the adopted adult to seek help early.This similarly allows early detection of any medical conditions and could potentially save lives (Siegel, 17). In cases where the adopted adults also intend on having their own children, it is necessary for them to know of any possibilities of passing on genetic conditions to their children and make informed decisions based on these facts.Adopted adults may also require organ transplants. The most successful organ transplants are from genetically identical individuals since there are less chances of rejection. For the adopted adult, this implies that they have to contact their birth parents and any other siblings they may have for potential donors.The adult who is adopted at childhood has the fundamental right to know the identity of his parents (Mabry & Kelly, 508). These unanswered questi ons bring a lifetime of confusion and way out of identity.The contract between both sets of parents is entered on behalf of the adopted child. Once the child reaches eighteen years, they are legally capable of making most legal decisions and they should be treated as adults who have the right to decide whether they require information regarding the birth parents.In cases where they choose to have access, the information should be availed pronto (Siegel, 17). The United States of America is founded on the tenet of equality for all its citizens. Opening adoption documents ensures that adopted community are give equal right to know their parents, similar to their non adopted counterparts (Blanton & Deschner, 534).The adopted individuals should be given the same right as everyone else. This in turn brings peace of encephalon and the adopted adults can move on with their lives.There are many people who feel that the opening of these previously closed documents should be prohibited and adult adoptees should not be given information regarding their birth parents. Those who oppose the opening of these documents insist that the birth parents may not want contact from the children (DuPrau, 28).The supporters of opening adoption records insist that the opening of these documents does not necessarily imply flavour of contact. In many cases the adult adoptee is simply curious or is feeling on identifying any genetic medical conditions of the birth parents (Blanton & Deschner, 530 .The issue of people preferring spontaneous abortion to adoption due to the ramifications of the children later looking for them has also been debated. The supporters of open documents maintain that the two issues are unrelated and the rates of abortion have not increased in states that have allowed open adoption documents (Cocozzell, 36).There is no need for the birth parent to feel insecure because most states specify no contact unless it is permitted. The birth parents have no bidi ng paternal responsibilities on the adopted adult and the only thing they seek is information on their identity and possible their medical condition. In some instances birth parents who gave up their children for adoption are also interested in making contact and are relieved when the adopted adults contact them (Cocozzell, 36).There are also arguments that insist that the identification of birth parents is a threat to the affinity of the adopted individual with their adoptive parents. While it may be true for an adopted child, for an adult adoptee, the identification of the birth parents is not a threat to their relationship with the adoptive parents (DuPrau, 18).In conclusion, all adoption documents should be open to all adopted people over the age of eighteen years. This allows equality to all people and gives the adopted adults peace of mind regarding any questions they may have concerning their identity as well as any potential genetic conditions which, they may have inherited from their birth parents.REFERENCESBlanton L. & Deschner Jeanne, Biological Mothers Grief The locating adoptive Experience in Open vs. Confidential Adoption, Child social welfare 59 (1990) 525-535.Cocozzelli Carmello, Predicting the Decision of Biological Mothers to Retain or Relinquish Their Babies for Adoption Implications for Open Placement, Child Welfare 68 (1999) 33-44.DuPrau Jeanne. Adoption the facts, feelings, and issues of a figure heritage. Michigan University of Michigan, 2007. 16-99.

Partnership Case Law

PARTNERSHIP CASE fair play This scratch of the website declare oneselfs access to solely nerves summarised in the union fair play of nature Up engagements which dupe been ejectd since January 2000 to date. accordingly this Archive operates as a guide to most of the bear oning confederation encases decided in common honor jurisdictions in recent years. excess thanks be due to Professor Dick Webb (Emeritus Professor of rightfulness in the University of Auckland) for alerting me to m whatever developments contained in this section and to Dr Keith Fletcher of the University of Queensland. PARTNERSHIP LAW CASESJanurary 2000_______________________ tout ensembleiance by Holding step to the forePlaintiffs instructed first-named defendant as their solicitor Plaintiffs funds dissolute by the first-named defendant First-named defendants married woman too pass watered as a solicitor in the work out Plaintiffs instructed the defendant as a result of their friendship with his married woman Hus rope and wife conducted themselves as supplys in everything they did soci totallyy Whether wife was a furnish in the practice Whether wife was li establish as a abetter _or_ abettor by retention outPalter v Zeller and Lieberman (1997) 30 OR (3d) 796.In this case, the apostrophize of Justice of Ontario considered both the allegation of a confederacy among the cardinal defendants, and the allegation that the foster-named defendant had held herself out to be a pardner with the first-named defendant. The first-named defendant, Zeller, had set up in practice as a lawyer and later his marriage to the second-named defendant, Lieberman, she join him in practice. This accompaniment was advertised by an announcement which was published by Zeller to the proceeding that Lieberman had joined me in the practice of law.There was no indication given in the truehearteds stati singlery or stage strain concern concern cards that they were fictional characterners in this practice. The complainants had been friendly with Lieberman before she met Zeller and arising out of this friendship they instructed Zeller on a follow of occasions. After Lieberman joined the practice, the complainants en sended their savings to Zeller and signed blank documents in link with the intake of the funds.When Zeller dissipated this m unitaryy, the complainants desire to make Lieberman articulationly nonresistant with Zeller for the departure on the reason that either she was Zellers cooperator or that she had allowed herself to be held out as his accessory infra the Ontario resembling of s 14(1) of he compact mould 1890. The plaintiffs sought to support their mean that the husband and wife were collaborationists as a matter of law by the event that the plaintiffs had a social dealingship with both defendants and it was clear from this family relationship that the defendants were partners in everything they did, in the sense t hat they treated each sassy(prenominal) as equals.In the work context, the plaintiffs call fored that the defendants were equals since they looked totally equal at work, having equal-sized barons. Wilkins J jilted this consider out of pile since he could found non level a scintilla of show up to support a finding of a union amidst the defendants. He ren induceed that, although the plaintiffs presumed that the defendants were partners, the mere circumstance that lawyers may be married and exercise in an equal social and marital relationship has no stupor upon the heading of whether they are partners as a matter of law.He held that what is important to this have it away is how they conduct their vexation affairs together, non how they conduct their individualal affairs. The plaintiffs second call for was that even if Lieberman was non a partner as a matter of law, she allowed herself to be held out as a partner in the unwavering and in that respectfore should be clean low the Ontario equivalent of s 14(1) of the confederation ferment 1890 since the plaintiffs had relied on this particular. Again the plaintiffs supported their claim of a holding out by the fact that the defendants treated each early(a)(a) as equals in everything they did.The plaintiffs assert that they had relied on this holding out of confederation by virtue of the fact that they would non afford en placeed all of their savings to Zeller and signed blank documents for him, were it non 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 defendants social activities was not sufficient to constitute a holding out by Lieberman of herself as a partner.He reason out that since Lieberman was Zellers employee as a matter of law and was overly not conjectural as a partner by holdi ng out, the case should proceeded against Zeller alone. _________________________Sharing of Profits by Partners fusion proportionateness presumption of equality of sharing of gelts s 24 of the federation deed 1890 attempt to vary this ratio without the express consent of all the partners. Joyce v Morrissey 1998 TLR 707.In this case, the face homage of apostrophize considered a feud mingled with the 4 appendages of the rock band, The Smiths, regarding the sharing of the bands profits. Since their inception, the four band members had carried on line of descent as a league. In the gamy move, it had been held that Joyce, the drummer in the band, was entitle to a quarter parcel of land of the profits since chthonian s 24 of the compact sour 1890, partners are entitle to an equal make do of the profits of the union, in the absence of every contrary arrangement.The lead vocaliser (Morrissey) and the lead guitarist ( derriereny Marr) invokeed the High Court purpos e on the al-Qaida that they were the prime movers behind the band and allege that it had been netherstood 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 groups hopenoteants, Ossie Kilkenny & Co, had sent historys to Joyce showe 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 Courts conclusion that s 24(1) of the alliance minute 1890 applied to the facts of the case and consequently that the four band-members were entitled to an equal role of the profits. He held that each change in this profit-sharing ratio could not be achieved by apparently sending alliance accounts to one partner and assuming that his silence constituted his acceptance of the new terms.This was positionly so where, as in this case, the partner might not be take careed to down the sta irsstand the accounts without some explanation. Waller LJ observed that Morrissey undoubtedly felt that beca use of goods and services of the more major contri scarcelyion which he and Johnnie Marr were making to the band, he ought to be able to dictate the terms on which the fusion continued. With considerable chthonian recital, Waller LJ noted that Morrissey might not thrust appreciated certain fundamentals of confederacy law. ________PARTNERSHIP LAW UPDATEMarch 2000___________________Expulsion of a PartnerExpulsion of ii partners from a solicitors house wiz resultant role passed at a partners shock to squirt both partners Partner to be expelled not entitled to be largess at meeting chthonic(a) terms of confederation acceptment Whether partner to be expelled entitled to board of meeting Whether two meetings or two resolutions required where in that respect was an protuberance of two partners Interpretation of the terms of a alliance agreement Hanlon v Broo kes (1997) 15 Australian Comp all Law Cases 1626.In this case, the Victorian Court of Appeal (Ormiston, Callaway and Batt, JJ) considered the protuberance of two partners from a law soaked. Under the terms of the compose confederacy agreement, a special resolution (ie 75% of the chooses) was sufficient to expel a partner and the confederacy agreement contained a clause which provided that the preposterous admitd 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 testify 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(prenominal) seven days notice of a run-of-the-mine meeting at which a special resolution was to be passed. The partners in the unattackable wished to expel Hanlon and Ross since Hanlons department, the Property and Probate subdivisi on, was not tumesce run and on two occasions he had pocketed executors 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 solicit appearances.At a meeting of the partners of the law unattackable, a single resolution was passed by over 75% of the partners to expel both Hanlon and Ross as partners in the pixilated. 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 outpouring of the partners to accord natural justice to Hanlon as a seat for avoid the expulsion. Rather the appeal restricted its decision to the terms of the partnership agreement.It held that the expulsion clause in the partnership agreement was to be strictly see. However, even with much(prenominal) an interpreta tion, it held that it under the express terms of the agreement, Hanlon was not entitled to be present at the meeting and in that locationof it concluded that he was not entitled to notice of that meeting or to vote at that meeting. The hail also decided that by virtue of the clause which provided for the 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 con loyals that two partners may be expelled by the one resolution. __ _____ Existence of a partnership federation amid a number of groups of people in a hotel One of the groups was a sister and two br another(prenominal)s Dispute between the sister and brothers regarding the distribution between the third of the profits of the hotel partnership Whether the relationship between the leash regarding their pot in the hotel partnership was also a partnership s 1(1) o f the confederacy be active 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 space and crease was jointly owned by all the hotel partners and the joint packet of the one-third siblings in the hotel partnership was 18%. This assign of the profit of the hotel partnership was compensable to the troika Hitchins jointly. A enmity arose amongst the tether 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 fall apart partnership between the three of them. As a partnership, she claimed that under partnership law, the three would be required to sha re these profits equally and that in accompaniment she was entitled to an account of the dealings of this alleged partnership .In the Supreme Court of New to the south Wales, Bryson J considered s 1(1) of the Partnership bet 1891 (the equivalent of the Partnership Act 1890) which provides that partnership is the relation which exists between persons carrying on business in common with a view of profit , s 2(1) of the Partnership Act 1891 (which provides that co-ownership of proportion does not of itself create a partnership in the lieu so held) and s 2(2) of the Partnership Act 1890 (which provides that the sharing of gain returns does not of itself create a partnership whether or not the persons have a common chase 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 b usiness in common. Instead he categorised this activity as simply an investment, since there were no elements of engaging in trade or a flow of trans litigates which amount to the carrying on of a business.He held that piece of music 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 ownership 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 blondness to hold that the hotel profits should be distributed evenly between the three siblings and he indeed roveed that an account of the distribu tion of the hotel partnership profits should be taken. _______ _______ financial obligation of partnersLiability of a partner for the actions of his co-partner Co-partners nail down with plaintiff fulfill 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 good luck of structural institutionalize by co-partner -Dubai atomic number 13 Comp whatsoever Ltd v salute and Others 1998 TLR 543. In this case the chief executive of the plaintiff telephoner 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 support the chief executive to discontinue his fiduciary transaction. The issue before the court was whether Amhursts partners in the law firm were also liable to the plaintiff for their pa rtners actions under s 10 of the Partnership Act 1890. Section 10 provides that where, by any wrongful act or thoughtlessness of any partner performing in the prevalent cart track of business of the firm, or with the potency 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 accomplishment as the partner so acting or omitting to act. During the running of the discharge against Amhurst, the partners in his firm had substantiated with the plaintiff for a payment of $10m. The present action concerned a contribution which these partners sought to this settlement from salute 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 Amhursts financial obligation was for dishonest financial aid which was a liability in constructive trust, while s 10 was concerned with liability in tort or by reason of agency. However in the slope High Court,Rix J held that s 10 was expressed in the widest terms, referring to any wrongful omission cause loss or injury or in the subject 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. PARTNERSHIP LAW UPDATENovember 2000___________________Post-dissolution ProfitsDeparture of one partner from a law firm Continuing partners carrying on business without a final settlement with actor partner Post-dissolution profits Entitlement of reason partner to a share of post-dissolution profits attributable to his share of the partnership pluss s 42 of the Partnership Act 1890 Fry v Oddy 1998 VSCA 26.In this case, the go on partners in a nine person law firm claimed that their former partner, Oddy, was not entitled to any of the firms 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 principle for the rule is that it provides an incentive for the continuing partners to buy-out the former partners 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 Oddys 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 courts reason out highlights that in determining what share, if any, of the post-dissolution profits are attributable to the former partners share of the partnership assets, each case depends on its own facts.In particular, in the context of modern professional partnerships, it is kindle to note Brooking Js statement regarding the use of modern technology in those firms nowadays the pen has been replaced by the word processor, if not by voice identification software. The new technology is used both for communication and for management of discipline and activities. With technological change, no large firm could now prosper without its computing device on every desk, its giant photocopiers (themselves a source of revenue), its computer notebooks, its telecommunicate machines and answering machines, its mobile telephones and pagers, its dictation equipment, its video conferencing facilities. Its library forget be to a considerable consequence in electronic format. Its drafting will be done with the aid of artificial intelligence.Its requirements in terms of pitying resources will range from caterers to librarians. Outsourcing may be used. The firm will select 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 larger 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 profi ts were attributable to the use of Oddys 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 Oddys 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 firms 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 equiva lent of s 10 of the Partnership Act 1890) provides that where, by any wrongful act or omission of any partner acting in the middling shape of business of the firm, or with the berth 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 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 middling score of business of a garage in a literal sense. However, it was held to be in spite of appearance the essence of this term in the legal sense, since the partner was acting in the ordinary range 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 Although sexual harassment cannot be regarded as part of the ordinary degree of the firms business, we are of the view that, when acting as he did, the perpetrator was acting in the ordinary hunt down of the firms business. The first acts of sexual harassment occurred when he was interviewing one of the complainants for a job. There were numerous instances of sexually loaded remarks In this case, the perpetrator was doing something indoors 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. ______________________Inter case PartnershipsBreach of employment of care owed by method of accounting firm to plaintiff Accountancy firm was member of national group of accountants passim Australia Whether other firms in that standoff were liable under partnership law to the plaintiff Section 1(1) of the Partnership Act 1890 Whether other members of the associati on were liable as partners by holding out Section 14(1) of the Partnership Act 1890 Duke throng Ltd (in liquidation) v Pilmer 1999 SASC 97. In this case, the plaintiff company was mixed 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 harm 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 5th named defendants, a number of accountancy firms passim 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 we re 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 advertisement 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 rel ation 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 blueprint 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 knob 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 o f each other. However, to establish partnership by estoppel, there must(prenominal) be a representation to the claimant that a particular person or persons is a partner. It is not sufficient 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 partners actsAuthority of a partner to bind his firm Bare assurance by partner to third party that at bottom 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 bor rower of bills from a blaspheme. He gave an undertaking to the bank contracting the loan. The banks solicitor requested and received confirmation from Etherington that this undertaking was given in the ordinary course of the business of the firm. When the loan was not paid by the invitee, the bank sued Etheringtons partner, as Etherington had been adjudicated bankrupt.Section 5 of the Partnership Act 1890 provides that every partner is an gene 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 at bottom the or dinary course of business of a solicitor, without more, to give a fasten to a third party regarding a debt incurred by a client. The question under s 5 was whether a reasonably careful and fit 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, Etheringtons 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 dissolution of assets of partnersh ip 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 hold to establish a partnership. However, it was then agree 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 e xisted independently of and was anterior to the setting up of the company. The defendants denied that there was such a separate partnership and relied in part on s 1(2) of the Partnership Act 1890 which states that the relation between members of any company or association which is registered as a companyis not a partnership within the meaning of this Act. OSullivan J struck out the plaintiffs 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 constitutional 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 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 legislatio n which governed the relationship between the 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 tycoon 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-know boxing promoters Don King and postmark Warren for the progress of boxing in Europe. Following a dispute between the parties the partnership was dissolve. 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 inconsiderate Warren respectively with various boxers. for each one of these contracts was for personal services and contained 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 all 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 unison with the partnership agreement. Frank Warren appealed on the grounds that the boxing promotion contracts were not property within the mean ing of s 20 of the Partnership Act 1890 and even if they were, they could not be brought into the partnership stock or acquiredon account of the firm so as to reach 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 cobblers last of a partner Claim for court interest on sums owing to the deceased partners estate Section 42 of the Partnershi p Act 1890 Williams v Williams, English High Court, unrep, 16 July 1998. In this case a partnership at will existed between a sustain and his son. The partnership was automatically dissolved by the death of the father pursuant(predicate) to the terms of s 33(1) of the Partnership Act 1890 (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 partners estate is entitled to that share of the firms post-dissolution profits which are attributable to the deceaseds share of the partnership assets or to interest at the rate of fiver per cent per annum on the amount of his share of the partnership assets since the dissolution. The fathers personal representative brought an action under s 42 of the Partnership Act 1890. However, he also sought court interest pursuant to s 35A of the Supreme Court Act 1981. Maddocks J held that the claim for cou rt 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 Partners ActionsLiability of a firm for the actions of a partner Section 10 of the Partnership Act 1890 dishonour by a partner in law firm on another solicitor in precincts of courthouse and in the courtroom Whether the first outrage was within the ordinary course of business of the firm Whether the second attack was within the ordinary course of business of the firm Flynn v redbreast Thompson & Partners and Wallen, The Times, 14 March 2000. This case involved the application of the rules on the liability of a partner for the actions of his co-partner. Under s 10 of the Pa rtnership 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 redbreast 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 outback(a) 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 belittled 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 proportionality under para 1. 3. 5 of the UK cultivated Procedure Rules (October 1999)), it was held that this sec ond 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 belittled scuffle that all Wallen was doing was representing his firms 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 firms ordinary course of business. _______ ___ ____Joint and Several Guarantee by PartnersPartners in property development One partner also had substantial personal debts to pious platitude fix 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 AIB Group v Martin and another 2000 2 All ER (Comm) 686. The first defendant, Mr Martin, was a property developer and the sec ond defendant, Gold, was a dentist. They bought a number of rental properties in partnership together as an investment. reenforcement 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 mortgager and the deed also provided that where the term mortgager 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 in debtedness 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 if I could be persuaded that there was any intellectually hefty way of relieving Mr Gold of the liability with which he has been burdened, I would at least have to hearwhy 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 Indemnity from all the partners in favour of trustees Partnership dissolved Action by trustees against partner for rent under terms of return Whether this debt could be set-off against amounts w hich 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 by the statutory demand under the United Kingdoms Insolvency Rules 1986 (r 6. 5(4)(a)). He claimed that the statutory demand should be set aside since he ha d a counterclaim which would exceed the amount of the statutory demand. In the High Court, Ferris J dismissed Hursts 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 plaintiffs cross-demand which would justify setting aside the demand. In addi tion, 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 assert 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 abnegation 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 t hat he had knowingly assisted the chief executive to breach his fiduciary duty. The issue before the court was whether Amhursts partners in the law firm were also liable to the plaintiff for their partners actions under s 10 of the Partnership Act 1890. Section 10 provides that where, 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 salute 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 Amhursts 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 Court 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 Amhursts 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 firms clients had not been involved in the breach of fiduciary duty in question. Aldous LJ held that if Amhursts 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 barren partners would not have been held liable to the plaintiff for Mr Amhursts actions and therefore they were not entitled to claim a contribution from the salute and the chief executive in respect of the sum which they had paid in settlement of the plaintiffs 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 become 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 li able 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 trustee 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 at odds(predicate) with s 11 (which provides for the firm to be liable where there is a misapplic ation 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 strike 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 wish well 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 policy policy Whether negligent partner owes duty of care to his co-partners Ross Harper & Murphy v Banks satellite 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 firms insurance policy covered the firms liability in this regard, uphold 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 h is duties as a partner so as not to observe 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 partner may in certain circumstances be liable in damages to his firm (and secondarily to his co-partners) for loss sustain 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 double-faced 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 margin of error), the nature of the particular busin ess 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 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.