Greek/Roman Mythology Essays - Greek Underworld,

Greek/Roman Mythology Parallelisms Between Greek and Roman Mythology Greek and Roman folklore have numerous similitudes between them. Each type has there own arrangement of Gods and Goddesses, in spite of the fact that they were adored for comparative reasons. The accompanying will clarify every God or Goddess and disclose how they contrast with one another. The King of Gods in Greek Mythology is known as Zeus. Zeus was the leader of the sky, and had the ability to make tempests and lightning just as tremors. He was the offspring of Cronus and Rhea. Supposedly he was their 6th kid, and the dad to shield him from being toppled had eaten the five past kids. Zeus was taken to a city called Crete and escaped his dad. As Zeus became more established and realized of what happened he found a mixture to cause his dad to spew different kids. When this happened they all collaborated and murdered their dad. Zeus at that point turned into the leader of Mount Olympus, and leader of the new line of Gods. Jupiter was the overwhelming force holder of Roman Gods. He was leader of the sky, the sunlight, all the climate, and even the thunder and helping. Jupiter helped drive back the Sabines. His sanctuary was worked in the Capitol, and recently chose directs offered their first petitions to him. Hera was the spouse and sister of Zeus, and the High Goddess of the Greeks. She was amazingly desirous of the issues that her better half was having and regularly tormented or hurt the fancy women he was wasting time with. In spite of the fact that, when she went excessively far, or attempted to cause passing, Zeus would intercede and stop her. Hera attempted to deliver unleash Heracles on his arrival from Troy, and with that Zeus had her hung by the wrists from top of the mountain with an iron block attached to every lower leg. The two had four kids together. Juno, Hera's partner, was the spouse of Jupiter. Juno was the defender of ladies, particularly the individuals who are hitched. Ladies regularly offered contributions to Juno to help with their labor. The God of the Underworld, Hades, was the sibling of Zeus. He picked up Hell, as his offer in overcoming their dad. He is generally known for hijacking his significant other, Persephone, while she was picking blossoms in a field. Supposedly, Hades had her eat a bit of food in the Underworld, in this manner she was unable to live on the Earth once more. Her dad, Zeus, made game plans for her to be permitted on Earth for 66% of the year and in the Underworld as Hade's better half for the remainder of the time. This is utilized as the reason for spring and winter. At the point when she comes back to the surface she carries spring with her and when she comes back to the Underworld she deserts winter her. Pluto, the Roman God of the Underworld, who's name additionally implies rich. It mirrors the rich mineral

Discussion Board Assignment Example | Topics and Well Written Essays - 250 words - 1

Conversation Board - Assignment Example Considerably more, the issue of bondage was something that caused tumult, a mix and stalemate inside the passageways legislative issues and the dynamic American culture. Calhoun in his discourse focuses on that the agreeable purge of the subject of subjugation would, if not vetoed by some wise and solid measure, end in difference among the gatherings in question. Calhoun in his conceivable discourse accepts that the anguish had arrived at specific levels that were possibly hurtful to the endurance of the Union. Now, the sort of danger that faces the Union prompts Calhoun to opine the pressing need to save the Union. Interestingly, Webster in his discourse is agreeable to settling. In his discourse, Webster accepts unequivocally so the Constitution ought to perceive property in bondage. Likewise, Seward like Calhoun in his perfect discourse recognizes that the Union was saturated with risk, and that the best way to spare it was through trade off. Conversely, be that as it may, Seward in his discourse has all the earmarks of being questioned towards the consideration of subjection into the Constitution. He opines that the protected acknowledgment of servitude is in contradiction to the law of nature. Significantly, he goes further to communicate the reality we depend upon the laws of God, which ban bondage. Also, that every single human order are re-institutions of God’s law. Notwithstanding it being flowery and spent, I discover Seward’s contention much all the more convincing as it puts the human interests first before anything. His contention is prepared on the bicentenary of the disposal of

Who is Nancy COLUMBIA UNIVERSITY - SIPA Admissions Blog

Who is Nancy COLUMBIA UNIVERSITY - SIPA Admissions Blog Youve read several posts from Nancy Leeds our guest blogger extrodinaire so we thought it would be fun for you to get to know more about her Nancy Leeds is a second year USP concentrator, Management specializer and admissions office PA. She is also participating in SIPAs co-curricular program in Gender and Public Policy. Before SIPA, Nancy spent five years working on Democratic political campaigns in the United States. She even spent three weeks this past semester working on a Congressional campaign in Texas. Nancy writes a popular blog called CampaignSick which focuses on best practices in Campaign Management and Voting Rights. It can be found at campaignsick.blogspot.com. Can you comment specifically on some exciting things about your concentration? I really enjoy the flexibility of the USP concentration. I came into SIPA with a very specific focus (electoral systems and voting rights) and USP has allowed me to explore those interests. I have taken classes in the Law School, Journalism School and Poli Sci PhD department and all have been able to count toward my concentration. The flexibility of the USP concentration can work for those who are less narrowly focused as well because it provides the opportunity to take courses in a multitude of different subjects and really discover where your public policy passion lies. SIPA features lots of events for students to attend. Is there any interesting presentation that you have attended that you could comment upon? Last year President of the NAACP (and Columbia alum) Benjamin Jealous came to talk about voting rights for the David N. Dinkins Leadership and Public Policy Forum. It was in the wake of the Trayvon Martin shooting in Sanford, Florida and Mr. Jealous had just returned from community meetings there. He was able to articulate the history of voter suppression in the United States and link it to race based violence in a way that was profoundly touching and inspiring even to someone like myself who reads and thinks about these issues all the time. You can read more about his talk here: http://storify.com/ColumbiaSIPA/benjamin-jealous-sanford-fl-is-really-sanford-usa What experiences do you think prepared you at attend SIPA? First off, let me allay some common fears. You do not need to have any specific major to handle the course load at SIPA. I was a Russian lit major undergrad and did not have a lot of quantitative courses under my belt. There are resources to help you with econ and stats if you are willing to seek them out. What did help me was professional trial and error. Having some previous work experience helped me crystallize a picture of the skills I still needed to reach my career goals and I was able to learn and hone those skills at SIPA. It also gave me real world experience to apply to theoretical problems in class and to share with my classmates. One of the most valuable aspects of SIPA is learning from your classmates experiences. What has been the best part of your SIPA experience? Thats hard to say. One experience you should NOT miss out on are the student led trips to other countries, which provide perspective and access that you would never get if you just traveled on your own. I went on SIPAs Japan trip last year and we were able to meet with executives at Panasonic, the Finance Minister and the Former Prime Minister, thanks to our classmates connections. There was also plenty of time for cultural immersion including a traditional tea ceremony, kimono wearing and Japanese style karaoke. What advice would you give a first-year student? Think about what you want to get out of SIPA and plan your time accordingly. There is so much to do and see in our school and on our campus. A public policy nerd can feel a bit like a kid in a candy store. You need to set aside time for homework (especially as a first year) and also time for self-care so that you dont get burned out too quickly. I have a litmus test for what lectures/events to attend. Usually I am able to answer yes to at least one of these questions before I attend an event. 1) Would I seek this out on my own? 2) Is it relevant to my professional/personal goals? 3) Will I be kicking myself if I miss out on this opportunity? Believe me, there are still PLENTY of events that meet that criteria.

COM3705 PORTFOLIO - 5312 Words

DECLARATION OF OWN WORK PRODUCED. I, the undersigned, hereby declare that this is my own and personal work, except where the work(s) or publications of other have been acknowledged by means of referencing techniques. I have read and understood the Tutorial Letter CMNALLE/301 regarding technical and presentation requirements, referencing techniques and plagiarism. STUDENT SIGNATURE OR NAME: Leslie Eric Nunu STUDENT NUMBER: 49676288 DATE: 28 / 01 / 2015 WITNESS SIGNATURE OR NAME: Maxine Bianca Nunu TABLE OF CONTENTS INTRODUCTION (3) 1. WHAT IS AN INFORMATION SOCIETY? (4) 2. WRITE A PARAGRAPH IN WHICH YOU ARGUE OR ADVOCATE FOR OR AGAINST THE EXISTENCE ON AN INFORMATION SOCIETY. (5) 3. FRANK†¦show more content†¦The author also adds further that these information intense activities in an information society has also resulted or lead to â€Å"a labour market with a majority of functions largely or completely based on tasks of information processing requiring knowledge and higher education† and also a culture whereby it is dominated by the media and the information products including their signs, symbols and meanings. Meanwhile, an information society is described by Servaes and Carpentier (2006: 5) as a society that is still being put in place and is mainly characterized by the general use of low-cost information, data storage and transmission technologies. As the authors note further that the â€Å"generalization of information and data use is being accompanied by organizational, commercial, social and legal innovations†, which are the catalysts for change of life in an information society â€Å"in the world of work and in society generally.† Kotze and de Beer (2014:30) state that an information society is a society whereby through the exploitation of Information and Communications Technology (ICT), it is able to live, work and play and ultimately transform itself. Browne (1998: 2), quoted by Kotze

Annotated Bibliography On Software Development - 1485 Words

Introduction Checklists have been in wide use within various fields from medicine, construction, aviation, investing, software and many others. It can be used as a guideline when there is need to verify that a particular set of steps were followed. With checklists, we are able to perform simple repetitive tasks in a consistent way. Complex tasks can also be done with minimal errors when checklists are used. A checklist is a comprehensive list of important steps that need to be followed in a particular order so as to successfully complete a process. Description of Topic Here, I will cover the use of checklists in software development. Software development has various stages all of which can benefit from checklists. The stages may consist of requirements gathering, software design, implementation (coding), testing, documentation and maintenance. During requirements gathering, a checklist can be created to determine if requirements are complete and consistent. The checklist can also be used to check if the software product meets requirements (exit criteria). Software design checklists can help verify if everything falls within acceptable standards. In the implementation phase, we can have code review checklists and inspection checklists to ensure that coding standards are followed. Testing checklists can be used to ensure that test scripts for software are well written and that they are traceable to requirements. Documentation checklist can help check forShow MoreRelatedAnnotated Bibliography of Articles on the Development of Linux756 Words   |  3 PagesAnnotated Bibliography Development of Linux. (2012, Apr 21). Retrieved from Operating System: http://www.operating-system.org/betriebssystem/_english/bs-linux.htm The Linux operating system was started by Linus (Benedict) Torvalds in 1986. He got the idea from the MINIX, which was developed as a learning system. MINIX was an open source system. In the process, he developed more and more functions, making it an operating system with a kernel. He made the source code available for other programmersRead MoreResearch Proposal And Annotated Bibliography1098 Words   |  5 PagesProposal and Annotated Bibliography Following the â€Å"Minnesota Career Information System† that Minnesota has a large employment with 9,582 firms for Computer and Information Systems Manager. There have many opportunities for me easy to get a job after graduating college. Moreover, I like to work on the computer to operate the whole system for a company. I also want to lead my team to bring more efficiently and create new computer hardware or software to promote my company development. 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The authors present an exploratory study using purposive testing among four different groups (scientist, non-scientist, agency manager and social scientist) included in the Coastal Landscape Analysis Modelling Study (CLAMS)Read MoreFirst Annotated Bibliography:. The Role Maternal Interaction928 Words   |  4 Pages First Annotated Bibliography: The role maternal interaction plays in gender differentiation in developing children By: Malaysia Clark PSYC 205 Childhood Psychology BL1 Spring 2017 Tompkins Cortland Community College Fausto-Sterling, A., Crews, D., Sung, J., Garcà ­a-Coll, C., Seifer, R. (2015). â€Å"Multimodal sex-related differences in infant and in infant-directed maternal behaviors during months three through twelve of development†. 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Health Insurance Policy Free Essays

HEALTH INSURANCE POLICY Normally the medical insurance will be available through employer. When the individual unable to get the medical insurance from the employer or seek separate coverage is advised to select individual health insurance plans. Such individual health insurance plan also known as private health insurance. We will write a custom essay sample on Health Insurance Policy or any similar topic only for you Order Now The medical insurance coverage under such plans is ideal for the self employed persons. However who desires to have many options can also go for private health insurance. Long-term care insurance which is a different insurance product available in the United States. The product of LTC or Long Term care insurance helps to provide the cost of long-term care for a predetermined period. The LTI insurance not covered by health insurance, Medicare or Medicaid. The individuals who unable to perform the basic activities of daily living i. e. dressing, bathing, toileting, etc can choose the LTC. One advantage with the product is age is not determining factor to purchase the health insurance for Long Term care. The benefits of LTC include home care, assisted living, hospice care, assisted living etc. Even the product allows paying up to 7 days a week of 24 hours a day for rendering services by visiting care giver, housekeeper, duty nurse etc. Tax qualified and Non-tax qualified offered, hence the individual may choose according to availing tax benefits. Tax qualified policy requires the person to take care policy who are expected to require at least 90 days and unable to perform two activities of daily living. In case of Non-tax qualified policy, the person who is unable to perform one or activity of daily living can purchase the policy. Another insurance product is individual disability. Every disability insurance policy is will vary company to company. But it is not such product which can be purchased easily. Of course, the cheapest disability insurance policy can be purchased by just throwing money. It is such product designed to assist the individual when the income of the person is decreased by the illness in the occupation. The disability insurance also known as DI and the policy assures the holder against the risk that will arise from the work place. So paid sick leave, short-term disability benefits, long term disability benefits etc are covered under the product of DI. REFERENCE: 1. http://www. healthinsurancefinders. com/ 2. http://en. wikipedia. org/wiki/Long_term_care_insurance 3. http://www. about-disability-insurance. com/ 4. http://en. wikipedia. org/wiki/Disability_insurance How to cite Health Insurance Policy, Essay examples

The Mistreatment of Slaves free essay sample

In no way shape or form can agree with those that believe slavery was justified or with those that say slavery never existed. Facts have proven these hypotheses otherwise. Also cannot agree with those that believe that slaves were treated fairly. Information passed down through generations as well as concrete written evidence proves the mistreatment of slaves for many reasons. They range from the fact of slaves across the world not being considered a whole person (3/5 of a person to be exact), them being the property of their owner, some even say that slaves were uncivilized and served to be treated as such.The list goes on and on with reasons and ways slaves were mistreated. Will attempt to cover a great deal of them but cannot truly grasp slavery true form due to biases Of authors and an attempt from other authors to cover up the wrong doing on slaves of African descent. We will write a custom essay sample on The Mistreatment of Slaves or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The nature of the way slaves were captured as well as their journey to their slave land predicted their future treatment. From the many sources Eve come across, they all seem to mention how slaves were captured. Whether it be Europeans or French capturers, upon landing in Africa, slaves were taken room their homeland regardless of gender or social position in their tribe.Men were captured more often women. Men could be used for more physical labor and women for physical labor but more housework. In no way am I stating that women did not work as hard as men during slavery. Children were also captured for labor. Some infants were abandoned by their slave parents. They were left to die or to be taken into a family by somebody who passed by. The parents did this because they were not able to take care of the baby. If they did keep the baby, the masters wife would raise it.Parents did to want their children to go through the harsh conditions of slavery. It went from capturing them on the main land to mistreatment on the slave ship. Slaves were squashed into wooden crates where they were then clamped in chains. They were then loaded onto the ships in which there were two ways they could be loaded. There was the tight pack- where they would be laid on their sides like sardines, therefore you cold fit more slaves on a ship and then there was the loss pack where they were allowed to lay on their backs with just 14 inches of space each. Either way no one was particularly comfortable specially because they were laid on rough wooden shelves and clamped together so no one could move without moving the rest of their row with them. The conditions below the deck were very unhealthy. During the 4-7 week journey, the ships may have been cleaned once every few weeks. Most of the time this took place while the slaves were exercised. Below deck the place reeked of urine, vomit, sweat, feces, and was described as a bile puking smell. The excruciating heat made these conditions no better. Many of the slaves got very sick. They either got sick from being so close to other sick laves, lying on their own excretions or from untreated wounds. Friction burns and sores were very common from the rough wooden shelves and the whip. Though the whip was not used very often, when used they left nasty bruises and open flesh wounds. They quickly became infected due to the lack of medical treatment and hygiene. Slave capturers took no proper care of their slaves. A great number of them never made it off the slave ship because of death but, the fact that there were so many of them and capturers saw them as replaceable property didnt help the situation.The actual auctioning off of the slaves was a very demeaning and excruciating process. When the slaves reached their final destination whether it be North America, South America, or another place, they were auctioned off as property. Exhibited in a public space, slaves were examined for their health and physical strength. More muscular, taller male slaves went for a higher price than women and children Prospective slave owners tried to get slaves at a discount and others paid a hefty price after negotiating with capturers.The 1998 film Down in the Delta, is a prime example of the believed value Of slaves during that time. A particular scene showed where two brothers were both sold into slavery. One was sold for money and the other for a mere candlestick. Families were knowingly torn apart due to the lack of sympathy of slave capturers and owners. It was also due to the fact that families or friends would form alliances and revolt and no one wanted that. This leads me to many other reasons why slaves were mistreated.Primarily slaves were mistreated because their captors believed they werent a whole person. Slaves were considered to be 3/5 of a person. Others considered them to be property. Thus they were traded, handled and sold as such with no regard to the slaves feelings, hygiene, physical needs or references. Slave owners feared that slaves would revolt if they had any freedom. Most plantation slave owners did not allow their slaves to be educated. They believed that if they read or write or knew how to communicate effectively with each other, they could plan revolt or an escape.Slave owners also believed that slaves didnt need to be educated. Their only use was physical labor which required no education, just a small amount of instruction in dangerous fields. Later in my paper I will discuss why some slave owners invested in education and training of their more profitable slaves. The life of a slave was very hard and is probably very difficult to imagine now. Whole families would be taken from their homes in Africa and moved into dreadful cramped, harsh conditions on a slave ship. Many slaves died during their journey to their new home. The people would then be sold as slaves and separated from their families. They became property just as you would own a bicycle or car. They had no rights at all. This meant that they had n right to say who they wanted their master to be, where they wanted to live, their length of enslavement and how long they toiled in the dreadfully hot sun or as much as 18 hours a day doing the work for their master. Being a slave meant many things. You were no longer allowed t make decisions for yourself. You did everything on your slave masters time.A slave may have had to change their name to that of their owner. They had no regular diet, poor working conditions, no medical care, which resulted in the average slave only living fro seven years. Their homes were shacks built from whatever leftover material the master may have had. They slept on the cold soil often with no blankets to cover themselves. Their children if they had NY lacked the supplies they needed to survive and often died from starvation or sickness. This is the reason why many slave parents left their infants in their homelands. They would rather abandon them than have them live a life of slavery. Slavery was a very dangerous institution. Sugar planting, harvesting, and processing is tiring, hot, dangerous work and requires a large number of workers whose work habits must be intensely coordinated and controlled. Slaves sustained many injures while working the fields. Their lack Of knowledge Of using equipment if there was any and the equipment itself as dangerous. Cotton plants had many sharp parts that would prick or cut parts of the body and slaves still worked throughout the day with these injuries.From the very beginning of sugar cultivation in the New World, there were not enough European settlers to satisfy the labor requirements for profitable sugar plantations. Native Americans were enslaved to work on the earliest sugar plantations, especially in Brazil. Those who could, escaped from the fields, but many more died due to European diseases, such as smallpox and scarlet fever, and the harsh working conditions on the sugar plantations. A Catholic priest named Barstool De lass Cases asked King Ferdinand of Spain to protect the Taint Indians of the Caribbean by importing African slaves instead. O, around 1505, enslaved Africans were first brought to the New World. For the next three and a half centuries, slaves of African origin provided most of the labor for the sugar industry in the Americas. A healthy, adult slave was expected to be able to plow, plant, and harvest five acres of sugar. Sugar planting was back-breaking work. Lines of slaves, men, women and children, moved across the fields, row by row, hand-planting thousands f seed-cane stems. Between 5,000 and 8,000 pieces had to be planted to produce one acre of sugar cane. Workdays in the fields typically lasted from 6 a. . To 6 p. M. With a noon-time break of perhaps two hours. During harvest, field slaves worked even longer hours, especially in Louisiana where workers raced against the weather to collect the harvest before the first frost and attacks by insects. Mature sugar canes exterior skin is so hard that workers had to cut through the stem with cutlasses or machetes. They also had to Stoop to cut the cane at ground level because the most sugary section of the Anne is the lower stem. Harvesting cane was as backbreaking work as planting cane, and cuts from the sharp tools were common.Once the cane stalk was cut, slaves stripped any remaining leaves and stacked the cane. It then would be tied into bundles and loaded onto donkeys, wagons, or two-wheeled carts to be carried to the sugar mill. Throughout their work, overseers with whips supervised the field slaves. Once the harvest began, it was essential to process the cane immediately. Slaves ran the sugar mills, feeding the stalks between giant rollers. Up to a dozen boys and men typically worked around he clock to process sugar, working with the stench of rotting cane in intense heat.As machinery grew more complex, with conveyor belts, Irelesss sugar processing evaporator and centrifuges, the slaves working the sugar houses became increasingly skilled mechanics. Yet, it was not unusual for slaves to be injured or crushed when trapped and pulled into the rollers as they fed stalks into the mill or tried to untangle stalks from flywheels and gears. Slaves also boiled the cane juice, ladling scum from the surface of the scalding liquid and then transferring it from kettle to kettle, reducing the syrup to crystals.Slaves routinely suffered burns during this process, often referred to as the Jamaica Train, and the heat in the sugar houses was so intense that slaves were rotated Out after four h ours, their limbs swollen from the heat and humidity. Once the crystals formed, there was still heavy labor ahead. The harder the solid cakes of sugar were, the better the sugar quality, but the pieces had to broken up with shovels, picks and crowbars. Finally, sugar was shoveled into hogsheads (wooden barrels) and packed solidly before the barrel holes were plugged with a piece of sugarcane.The sugarcane plug helped to siphon out he remaining molasses from the sugar in the hogshead; the molasses dripped onto a floor angled so it would drain into a trough or cistern. Then, the slaves would scoop molasses into barrels by hand. By the sass, the expected yield from each slaves labor was five hogsheads of sugar and 250 gallons of molasses. During harvest, slaves worked day and night, especially in the mills and guardhouse, so that there would be no bottlenecks in production. Shifts lasted up to 18 hours. Sugar production paused only as slaves cleaned out fireboxes or other equipment.Although some planters revived extra food and drink during the harvest and others encouraged competitions to boost production, sugar production was the result of coercion. Slaves in the sugar fields and mills were controlled by both the threat and use of deadly force. Punishment of slaves was very harsh and frequent. Slaves were punished physically most of the time. They were beaten with objects, whipped, and publicly humiliated in front of other slaves to make an example of them. Slave masters also tried to break the spirit of the proud slaves. They demeaned them and wanted to make them feel as they were worthless.Reasons why they were punished included talking back to a slave master, doing what they wanted instead of what they were told, requesting where they wanted to live and who they wanted to live with. In many cases slaves were publicly punished as a form of entertainment to the people of the town. The life of a slave was not an easy one. Some slaves committed suicide during their time to avoid the tortures of their slave masters. Treatment of slaves also largely relied on where the slavery took place. Slavery took place in many settings but will focus on the difference between urban and plantation slavery.According to Herbert S. Klein, urban slavery was a less restrictive institution than slavery on the plantation. Many urban slave owners invested training and education in their slaves so they would be more productive in their owners businesses. Other slave owners rented out their skilled slaves as professional cooks musicians and other jobs to gain additional money. In this type of arrangement, the slaves would hand over his earnings to his owner even though he might not be living with the owner. For urban slaves, the city provided contact with freemen, other urban slaves, and clubs for recreation. There was plenty of opportunity to escape ND plan revolts. They could blend in very easily with free men, freed slaves, former slaves who purchased their freedom, and slaves living away from their master. Plantation slavery left no room for any of this. Most plantation slaves never left the plantation and those who did were with their master. The Treatment of Negro Slaves in the Brazilian Empire , an excerpt from The Journal of Negro History by Mary Wilhelmina Williams exhibits many of the unjust treatment slaves received particularly in Brazil.The text first provides a historical context of Brazil. It states that the number of Negro slaves in Brazil robbery reached its maximum between 1850 and 1860, estimating that there were a little less than three million Negro slaves in Brazil at the time. Williams like Klein expresses that city slaves had an easier life than those in the country, but no Negroes worked harder than the slaves at ROI, Bah, and other ports. Many of them were owned by clerks who wanted to profit from slave labor. They opposed purchasing wagons and other labor-saving machinery.The few wagons that were seen on the street were usually pulled by slaves. Pulling a wagon required slaves to rest a pole on their shoulders. In there cases, when carrying a sack of coffee weighing one hundred and sixty pounds, slaves had to carry the sack on their head. Carrying such heavy things ruptured the slaves, crippled their legs and damaged many other parts of their body. The text goes on to explain that depending on what part of Africa the Negro slaves came from, the natives were less likely or more likely to adapt to the compulsory labor upon their arrival in Brazil.For example, the natives of Angola and the Congo, in consequence of some familiarity with servitude at home were more likely to adapt to the new conditions in Brazil in imprison to the Gibbons, Mosquitoes, and the Minas from Benign. An excerpt from an article by Jakarta Seventies describes the harsh life of a slave L saw many horrors in the way of punishment under slavery. That was why didnt like the life. The stocks, which were in the boiler house, were the cruelest. Some were for standing, other were for lying down. They were made of thick planks with holes for the head, hands and feet.They would keep slaves fastened up like this for two to three months for some trivial offence. They whipped the pregnant woman too. But lying face down with a hollow in the ground. For their bellies they whipped them hard but took care not to hurt their babies because they wanted as many as possible. The most common punishment was flogging: this was given by the overseer with the rawhide lash which made Wales on the skin. They also had whips made of the fibers of some jungle plants which stung like the devil and flayed the skin off in strips. I saw many handsome Negroes with raw backs.Afterward the cuts were covered with compresses of tobacco leaves, urine and salt. (Supervision From prior knowledge also know that treatment of slaves differed largely depending on which country the slaves were in. In western Colombia ( Choc, Marino, and Caucus) slaves worked on extracting gold deposits from gold mines and extracting sugar cane from the sugar cane plantations. In eastern Colombia (Bevel or Sorrow) the slaves labor was concentrated on textiles in commercial mills. Africans were digging in emerald mines, growing and extracting tobacco, and cotton, artisan work and other domestic work.The Africans in Colombia were Very strong willed though they were stripped of their freedom and had no rights. They began to fight for their freedom upon arrival in Columbia. Some Africans managed to escape their catcher. Slaves that escaped their catcher would flee to a Applique as a safe haven. Paleness are entire towns where escaped slaves found refuge. The slaves who made it to these towns were known as commissioners. Choc was considered by historians to be a Applique.. Some coronaries fought for their freedom when their oppressors came looking for them. Others either ran away else argot caught and were sent back to their master.In 1805, Colombia and went to war with Spain with Simon Bolivar as their leader to gain their independence. Africans from all the countries involved joined in this fight for freedom. A historian noted that every three out Of five oldies were African. Africans participated in all levels of military and political office. The war ended 14 years later in 1819, with the Latin American countries being victorious and gaining their independence. But although Colombia received their independence in 1 819, the abolition of slavery did not occur until 1 851. All the Afro-Colombians were finally free but , their life was still very difficult.They were forced to live in jungle areas as a mechanism of self-protection. In these jungles they learned how to have a harmonious relationship with the jungle environment and shared the ideology of estimate or miscegenation. Slaves in Venezuela were in high demand during the times of slavery in Latin America. The Slaves were used to crop cocoa, a bean that is used to make chocolate, and is the main export of Venezuela. The slaves were referred to as unit s Of commerce, and they were known as pizza De India. This name given to them was a compliment to their great physical strength and their ability to keep working hard.These slaves also worked in places such as copper mines, pearl divers and fishers. These slaves resisted, but unlike most countries, the escape rates of the slaves were high as well. At one point in time, the slavery escape rate was which meant that one in every two to three slaves escaped from their masters. Comparisons in Venezuelan had much to do with this high escape rate. They helped the slaves in these Venezuelan towns. They would raid the towns plantations and assist the slaves in escaping. They would also partake trading for slaves, and once the slave was traded he would no longer be a slave.Ecuador was one of the better places for slaves to be taken to. Ecuador was not a country known to depend highly on slaves. They actually represented a small amount of the labor force. Ecuador had laws that protected slaves from being mistreated. Slaves were also given the rights to sacraments, including marriage, and thereby a right to conjugal life (Vida marriageable). Civil law provided slaves with the right to denounce cruel masters before local courts for gross mistreatment (services). Once a cruel master was denounced, officials launched an investigation in order to evaluate the merits of the claimMasters found guilty of gross mistreatment usually suffered the penalty of having their slaves confiscated and sold to a new owner presumed to be more benevolent. ( De La Tore ; Stiffer 54) Slavery was abolished in 1821 , but it did not eventually end till 1881, 60 years later. Now that weve covered the difference in treatment of slaves across a few Latin American countries, we can discover another major reason saves were treated unfairly There is a vast difference between being treated because you are a slave and being treat unfairly because of your appearance.During slavery, light-skinned African-Americans were perceived as intelligent, cooperative, and beautiful. They were more likely to work as house slaves. Light-skinned Blacks were also given preferential treatment by plantation owners and their henchmen. For example, they had a chance to get an education. Dark African Americans worked in the fields and did not get an education. Light skinned slaves being seen as better than the dark skinned slaves could be viewed as negative though. Slave owners often raped their house slaves for many reasons.The sole reason being exerting power over the oppressed. It s also disputed that slave owners received more pleasure from sexual relations with their because of their bodies. Though many slave owners publicly expressed a disgust of the body of a woman of African descent, many secretly favored their body. Sandra Barman currently known s the 1 SST video vixen was a slave who was publicly ridiculed for her large breast ad wide hips. Ive made the inference that since people found it amusing to touch her expose her, slave owners or sellers may have secretly liked her appearance.It may be in part to the fact that many slave owners and slave had sexual relations for the sole reason of reproduction so they enjoyed sex with their slaves. It also could be that slave owners had sex with their slaves to produce more slaves to work their fields in the future. Pertaining to the different treatment of dark skinned and lighter skinned slaves, C. L. R. James The Black Jacobin, depicts that non slaves that were light often joined with their colonizers to capture slaves that ran away and punish others.The fact that the French colonizers were of a lighter complexion sheds light on the fact that lighter slaves were treated better than darker slaves even though they were slaves. House slaves, which were usually the lighter ones, traveled with the slave masters and were more presentable to visitors than the darker slaves. After the abolition of slavery in every country, the life of the slave was still difficult. Some slaves blended it to their new culture, like he colonial black in panama, who was able to share the culture with the other Panamanian.But for slaves like the canal black in panama, mixing with this culture was impossible. They could barely speak the language that was taught to them by the Europeans, and could not speak the language of the local cultural peoples of South America. Africans like these were seemingly stuck in a hole. They had no culture to return to, they had forgotten their African ways once they became slaves. They could not immigrate to the local culture and the culture they already knew, The European culture, the people refused to help them. They actually tried to bring them down even further. It is considered miraculous in some cases that the African race was able to survive till this very day, considering the circumstances given to them. In conclusion, it is evident that slaves were vastly mistreated. Williams, James and many other sources have provided us with the evident needed to refute the notion that slaves were treated fairly as well as the unjustified reasons slaves were treated as such. It is truly unorthodox and inhumane for humans to treat other humans in such a way they would not like to be treated.Modern day individuals need to realize that many of the discriminatory things we partake in consciously or unconsciously can be traced back to slave days. Though we may not truly understand what a slave went through, we can understand that slaves were not treated as the whole humans they were.

Free Essays on The Role A Citizen Plays In Government

Essay Two The ultimate role a citizen plays in the United States government is the engagement in politics by voting, organizing, and criticizing leaders that he or she does not believe serve them justly. The works of Rousseau, Thoreau, and Jefferson substantiate this assumption by providing intellectual and literary theories about the function of a citizen. Also, the statements that the authors make, though they differ from one another, provide reinforcement to this concept. The first substantial writer mentioned is Rousseau, who in writing â€Å"The Origins of Civil Society,† conveys his belief that government has taken the natural freedoms of man and has replaced it with a more materialistic liberty. Also, in his book, Rousseau describes a term called â€Å"social compact† that a people share with one another to strengthen the community (65). These suppositions all support the fluent author’s theory of a strong government by a mutual agreement between the people, but his most potent statement comes from his description of â€Å"The Sovereign People.† Rousseau states that the Sovereign People â€Å"share a collective name of The People, the individuals who compose it are known as citizens† ( 67). The reader, upon noting the author’s rhetoric, understands the power that Rousseau believed citizens had in a Democratic government. Although influenced by Rousseau, the great American founder Thomas Jefferson expands the latter author’s ideas into one of our most treasured documents, the â€Å"Declaration of Independence.† In the â€Å"Declaration of Independence,† Jefferson addresses the justifications of seceding from the British empire, and laid structure to the conjecture when a government abuses its citizens, it is the direct responsibility of the people to right what has been wronged or overthrow the governing entity entirely. With the belief that every man is free and have the rights of â€Å"life, liberty, and pursuit of... Free Essays on The Role A Citizen Plays In Government Free Essays on The Role A Citizen Plays In Government Essay Two The ultimate role a citizen plays in the United States government is the engagement in politics by voting, organizing, and criticizing leaders that he or she does not believe serve them justly. The works of Rousseau, Thoreau, and Jefferson substantiate this assumption by providing intellectual and literary theories about the function of a citizen. Also, the statements that the authors make, though they differ from one another, provide reinforcement to this concept. The first substantial writer mentioned is Rousseau, who in writing â€Å"The Origins of Civil Society,† conveys his belief that government has taken the natural freedoms of man and has replaced it with a more materialistic liberty. Also, in his book, Rousseau describes a term called â€Å"social compact† that a people share with one another to strengthen the community (65). These suppositions all support the fluent author’s theory of a strong government by a mutual agreement between the people, but his most potent statement comes from his description of â€Å"The Sovereign People.† Rousseau states that the Sovereign People â€Å"share a collective name of The People, the individuals who compose it are known as citizens† ( 67). The reader, upon noting the author’s rhetoric, understands the power that Rousseau believed citizens had in a Democratic government. Although influenced by Rousseau, the great American founder Thomas Jefferson expands the latter author’s ideas into one of our most treasured documents, the â€Å"Declaration of Independence.† In the â€Å"Declaration of Independence,† Jefferson addresses the justifications of seceding from the British empire, and laid structure to the conjecture when a government abuses its citizens, it is the direct responsibility of the people to right what has been wronged or overthrow the governing entity entirely. With the belief that every man is free and have the rights of â€Å"life, liberty, and pursuit of...

8 Pro Tips on How to Write a Breathtaking English Speech Essay

8 Pro Tips on How to Write a Breathtaking English Speech Essay 8 Pro Tips on How to Write a Breathtaking English Speech Essay A speech is similar to an essay, except that a speech is meant to be spoken, while an essay is meant to be read. In fact, most speeches are usually essays that are read aloud, with a few changes made to keep the audience listening. If you wish to write a good English speech essay to keep your audience engaged till the end, here is a list of good speech writing tips that you can follow: 1. Plan the Speech Before getting down to writing a speech, first you should plan it considering the occasion, the audience, the tone and the duration. Speeches can be informal, formal, sombre, humorous or business-like, depending on the event and the audience it is required for. 2. Pinpoint the Main Theme Next, you have to identify the main theme of the speech, and how you are going to deliver it to the audience. If it is a wedding speech, the main theme would be congratulatory, while for business speeches, the theme could range from the launch of a new product to company results. 3. Gain Attention Make the opening lines of your speech interesting enough to make people want to listen to the whole speech. You can use a joke, quotation, an anecdote, an assertion or a thought-provoking question while drafting the introduction. This intro should not be longer than 30 seconds. 4. Make a List of the Points You Wish to Cover Just as you write informative essays, make a list of the things youd like to cover in your speech. Remember that the main goal is to involve the audience, thus, you should mull over the hot point. 5. Organize This List Arrange the collected points, so that they support each other. Add or remove points, as required, to make the overall theme of your speech clear. Also ensure that the speech does not exceed the time limit. 6. Main Content The main content of your speech is nothing but a smooth transition from one point to another. You can use jokes and anecdotes between the points to maintain attention and keep the audience from dozing off (which often happens during the long speeches). 7. Write the Conclusion The conclusion of the speech should be just as strong as the introduction. You should summarize the points you have spoken about in your speech, before wrapping up with the comments or questions that will force your listeners thinking and talking about. 8. Most Speeches Go through a Number of Drafts, before They Are Finally Perfect While drafting your speech, first write it out in full, before putting it away. After some time, go back to it, evaluate it, and make changes if they are needed. Write as many drafts as you need, until you are totally satisfied with your speech. Now your impressive speech is ready for the big occasion! Need speech writing help from experts? Visit our service.

Hate Groups Research Paper Example | Topics and Well Written Essays - 500 words

Hate Groups - Research Paper Example Its main objective was to uplift spiritual social and economic conditions of African Americans. However, the group attracted many critics that it is supporting the Black Separatist ideology. The nation of Islam is not affiliated to any larger hate group but has interacted with many foreign influential persons. These include the dictator of Libya Col Gaddafi and Omar al-Bashir of Northern Sudan. According to Gibson (2012), the nation of Islam advocated for the adherence of the five pillars of Islam faith. It teaches faith, morality, mutual respect and discipline. They discourage premarital sex, abortion and the abuse of substances including the use of tobacco and alcohol. He created the malicious and ‘devil white ‘. Fard preached the coming of an overthrow restoring the superiority of blacks. This group holds that intermarriages or race mixing should be forbidden. Like other Muslims, they believe there is no other God but Allah but to them he came in the form of Fard. On an interview in the media, Fard explained that God used black mud to model a black man who was the first man. The whites emerged from a contraceptive measure generated by Yacub. Wallace further preached that according to the bible the fall of Babylon was symbolic to today’s America to fulfill prophesy of the book of revelation. NOIs ideology of anti Semitism is dominant in the organizatio n with its leader Elijah calling Jews greedy for imposing Jesus to authority. Farrakhan held a lot of prejudice during the early days of civil movement campaigns. Some of his remarkable words were when he called Hitler a very great man and Judaism a dirty religion. His biased remarks against Jews and whites attracted a lot of appeal from many African Americans. This racist ideology by Wallace spread fast, and he gained a lot of fame among the blacks. The United Kingdom forbade him from visiting the United Kingdom as the officials saw his as a

Discussion 2 Article Example | Topics and Well Written Essays - 250 words

Discussion 2 - Article Example t will require continued changes in the nursing practice because the learners and faculty have to learn how to respect the diverse population with different beliefs and values. As noted by Diekelmann, (2012) in page 6, there is also a shortage of nursing faculty which has a constraint on nursing education. There are also changes in student demographics because the racial and ethnic diversity among students in schools is increasing. In addition, students are now entering nursing schools at older ages with different work experiences. Many are raising families and there are those with full-time careers. This has a constraint on their education because it needs a lot of flexible schedules. The other factor affecting nursing education is the technological explosion in the health sector. A look at the current scenario in the health care sector shows that there is rapid growth in technology resulting to a radical impact on how nurses get educated (Willis Commission on Nursing Education, 2012). It has promoted the technological applications for example, telemedicine. Therefore, nurses in this century not only have to learn on concepts of health promotion, reduction of risks and disease prevention among others but need to be skilled in the use of computers. There is also distance learning that links students from different locations with the nursing faculty. The advancing technology continues to stimulate the critical thinking of students and their acquisition of skills in environments which are

Clinico-histopathological Spectrum of Cutaneous Vasculitis

Clinico-histopathological Spectrum of Cutaneous Vasculitis Article Type: Original Title: Clinico-histopathological Spectrum of Cutaneous Vasculitis: A Retrospective Study of 62 cases Running Title: A Clinico-pathological study of Cutaneous vasculitis Authors: Nadia Shirazi*, Rashmi Jindal^, Neha Tyagi*, Samarjit Roy^, Meena Harsh,* Sohaib AhmadÇ‚ Affiliation: Department of *Pathology, ^Dermatology and Ç‚Internal Medicine, Himalayan Institute of Medical Sciences. SRH University. Jolly Grant. Dehradun. Uttarakhand. India Corresponding Author: Dr. Nadia Shirazi ABSTRACT Context: Cutaneous Vasculitis is the inflammation of vessel walls which leads to hemorrhagic or ischemic events. The histopathological classification of cutaneous vasculitis depends on the vessel size and the dominant immune cell mediating the inflammation. Object: We studied the etiological factors and clinico-pathological spectrum of patients with cutaneous vasculitis at a tertiary referral centre of north India. Design: Skin biopsies of all patients with clinically suspected cutaneous vasculitis presenting over 5 years , between 2009-2014 were reviewed. Cutaneous vasculitis was classified on the basis of etiology (primary or secondary), on the basis of size of vessel wall as well as on the dominant inflammatory cell infiltrating the vessels. Results: Over 5 years, 62 / 103 patients evaluated for vasculitic syndromes had histologically proven vasculitis. Clinically, vasculitis was primary (77.4%) or secondary (22.5%) to drugs, infections, underlying connective tissue diseases and malignancy. Neutrophilic (n=30), lymphocytic (n=18), eosinophilic (n=10), and granulomatous (n=4) vasculitis were the major histopathological groups. Small vessel involvement was seen in 97% cases. Conclusion: Skin biopsy remains the gold standard for diagnosing cutaneous vasculitis. Small vessel vasculitis is the most common type of cutaneous vasculitis with the dominant cell type being neutrophilic. Eosinophilic infiltrate was exclusively associated with primary vasculitis. Keywords: Cutaneous vasculitis, Small vessel vasculitis, Skin biopsy INTRODUCTION Cutaneous vasculitis (CV) is an inflammatory process of the vessels leading to the destruction of their wall with subsequent hemorrhagic features with or without ischemic necrosis.1 The incidence of cutaneous vasculitis ranges from 15.4 to 29.7 cases per million per year.2,3 The condition usually affects adults with a slight female predominance, however, all ages may be afflicted. CV is classified histo-morphologically on the basis of size of vessel affected (small or medium vessel vasculitis) and on the basis of the dominant cell mediating inflammation- neutrophilic/leukocytoclastic, lymphocytic, eosinophilic and granulomatous. On the basis of etiology, they are classified as primary/idiopathic or secondary to an underlying cause like drug induced, connective tissue disorders, infections, malignancy, etc. Vasculitis in a medium or large vessel is defined as presence of inflammatory cells within their walls, whereas in small vessels diapedesis of various leukocytes often take place and this criteria alone is not significant. It must be associated with signs of vessel damage, such as fibrin within the walls, thrombi or endothelial necrosis. Veins are involved more commonly than arterioles. Clinically, CV can present with a variety of signs and symptoms like urticaria, palpable purpura, ulcers, maculopapular rash, nodules, hemorrhagic vesicles, etc. It can be limited to skin or manifest in other organs like kidney, lungs and heart. Due to this myriad of presentations, CV can mimic a variety of other dermatological and systemic diseases. Skin biopsy remains the gold standard for diagnosis of cutaneous vasculitis complemented by clinical data and relevant haematological and immunological investigations. In this article, we will be presenting the histopathological spectrum of cutaneous vasc ulitis at a single centre of north India. MATERIALS AND METHODS All patients with clinical suspicion of cutaneous vasculitis attending the dermatology OPD between August 2009 and July 2014 at a single tertiary referral centre of north India were included. An informed consent was taken wherever possible in writing. Approval was obtained from the institute’s research committee for compiling the data from the hospital records. A punch biopsy, 4mm in depth was taken from the edge of the lesion. Though efforts were made to collect most of the biopsies within 48 hours of appearance of the suspected vasculitic lesion, a few patients presented as late as 1 -2 weeks. These biopsies were routinely processed and stained with Haematoxylin and Eosin (HE). Serial sections were taken in which no vasculitis was identified on initial section. Elastic tissue staining to assess the damage to the elastic lamina in muscular vessels was also performed. Simultaneously, a hemogram, ESR, kidney and liver functions, rheumatoid factor and immunological tests like AN A and ANCA were also carried out for assessment. Direct immunoflourescence (DIF) could not be undertaken in any case due to poor patient affordability and lack of infrastructure. Patients with thrombocytopenia ( RESULTS Over 5 years a total of 480 skin biopsies were studied out of which 103 cases were performed in those with clinically suspected vasculitis. However, 62 out of these 103 cases were histologically confirmed to have vasculitis; the remaining had unremarkable and non-specific histologic features. Those with positive histological features had a mean age of 44.5 years [range 6-83 years] with the male to female ratio of 1.1:1. The maximum number of patients (n=15) were seen in the age group 31-40 years followed by those in the second decade. Clinically vasculitis was primary (n=48, 77.4%) or secondary (n=14; 22.5%). (Table I) History of drug intake and presence of recent upper respiratory tract infection was seen in 7 and 3 patients respectively. The commonest offending drugs were antibiotics of ÃŽ ²-lactam group and analgesics followed by anti-histaminics. Connective tissue disorders (n=3) and malignancy (n=1) were also found to be the cause of secondary vasculitis. Clinically palpable purpura was the most common finding followed by maculopapular rash.(Figure I). Three-quarters of granulomatous vasculitis presented clinically with symptoms of allergic granulomatosis; 25% (n=4/17) of leukocytoclastic vasculitis presented clinically with features of microscopic polyangiitis. Among the haematological parameters, a raised ESR was the most consistent finding. (Tables II III). Most of these were small vessel (venules and arterioles) vasculitis (n=60, 97%). Only 2 cases showed medium vessel vasculitis particularly associated with panniculitis. Depending upon the dominant cell mediating inflammation, the dominant cell type was neutrophilic (n=30), lymphocytic (n=18), eosinophilic (n=10), and granulomatous (n=4). Histopathological evaluation in neutrophilic vasculitis showed transmural infiltration of vessel wall with neutrophils (Figure II). Fibrinoid necrosis, neutrophilic debris with or without extravasated red cells were features of leucocytoclastic vasculitis. Lymphocytic vasculitis is shown in Figure III. Epithelioid granulomas were seen surrounding and destroying the vessel wall in granulomatous vasculitis with transmural vessel wall infiltration by lymphocytes and polymorphs (Figure IV). Medium vessel vasculitis showed infiltration by neutrophils in vessel wall which was associated with septal panniculitis. (Figure V). Six of the 10 cases with urticarial vasculitis had an eosinophilic infiltrate; the remaining showed lymphocytes predominantly. Clinically most cases (n=8; 47%) of idiopathic vasculitis were of neutrophilic type. Drug reaction was the commonest cause of secondary vasculitis (n=7) and most of these (n=4, 57%) showed lymphocytic infiltrate (Table IV). DISCUSSION Cutaneous vasculitis presents as a mosaic of clinical and histological findings due to varied pathogenic mechanisms.3 Even in the presence of suggestive dermatological lesions, biopsy showed histological features in nearly 60% cases. We observed primary vasculitic syndromes leading to cutaneous histologic changes in 77% of all cases. Joint pain and swelling was the main presenting feature, palpable purpura and maculopapular rash were the predominant clinical cutaneous markers and raised ESR was a consistent feature. Mostly small vessels were affected and neutrophils predominated in infiltrates. However, there was a substantial overlap in the calibre of the vessel, the cellular infiltrate and the clinical diagnosis. Our observations corroborate with the case series of Carlson et al in terms of the dominance of primary vasculitis and lack of organ involvement.3 Raised ESR was also observed by Ekenstam et al and Gupta et al.4, 5 Arthralgia was the commonest systemic manifestation also observed by Gupta et al. 5 Neural and renal involvement was seen in 15 (24.1%) and 18 (29%) patients respectively in our series. Earlier studies showed visceral involvement is seen in 6, 7, 8 Fatal disease occurs in a minority (3, 8 Different therapeutic approaches are the main reason for sub-classifying vasculitis. Avoidance or treatment of the causative factor may cure or limit the activity of secondary vasculitis; whereas immunosuppressive therapy is the treatment of choice for primary vasculitis. Given this broad range of presentations of cutaneous vasculitis and the numerous disorders that can mimic vasculitis, it is not surprising that it is difficult to correctly and confidently classify these patients. 9 Currently the most widely adopted vasculitis classification system is that of Chapel Hill Consensus Conference (CHCC) which is based on pathologic criteria . 10 The other widely used system is that of the American College of Rheumatology (ACR) which is based on clinical findings. 11-18 As yet, no ideal system of classification exists for vasculitis. 3, 19, 20 The most accepted classification is one which distinguishes between primary and secondary vasculitis, recognizes the dominant blood vessel size involved as well as incorporates patho-physiological markers such as direct immune-fluorescence (DIF) and ANCA.21,22 Therefore the classification of cutaneous vasculitis into specific syndromes is best first approached morphologically by determining vessel size and principal inflammatory response. 3 This is the first case series classifying cutaneous vasculitis based on the vessel calibre and histo-morphologic features from the north Indian state of Uttarakhand. Though, the referral centre caters to a million people, this data cannot be extrapolated to the general population as the people are treated in the periphery by practitioners, the data of which is non-existent. A major limitation of our study was the non-availability of direct immunofluorescence which is considered very important for delineating the immunoglubulin type. Nevertheless, since this facility is not available in most of the Indian subcontinent and there is a lack of expertise in the field of dermatopathology, our data merits attention. CONCLUSION Vasculitis occurs as a primary disorder or secondary to various medical conditions, the treatment differing accordingly. The severity may range from a self-limited condition to a life threatening disorder with multiple organ failure. Skin biopsy is an important tool in arriving at a definitive diagnosis duly complemented by clinical features, pertinent laboratory data, serological evaluation, ANCA with or without direct immunofluorescence. REFERENCES 1. Carlson JA, Cavaliere LE, Grant-Kels JM. Cutaneous Vasculitis: diagnosis and management. Clin Dermatol 2006; 24: 414-29. 2. Chen KR, Carlson JA. Clinical approach to cutaneous vasculitis. Am. J Clin Dermatol 2008; 9: 71-92. 3. Carlson JA, Ng BT, Chen KR. Cutaneous vasculitis update: diagnostic criteria, classification, epidemiology, etiology, pathogenesis, evaluation and prognosis. Am J Dermatopathol 2005; 27 (6): 504-28. 4. Ekenstam E, Callen JP. Cutaneous leukocytoclastic vasculitis-clinical and laboratory features of 82 patients seen in private practice. Arch Dermatol 1984;120: 484-9 5. Gupta S, Handa S, Kanwar AJ, Radotra BD, Minz RW. Cutaneous Vasculitides: Clinico-pathological correlation. Indian J Dermatol Venereol Leprol 2009;75:356-62 6. Fiorentino DF. Cutaneous Vasculitis. J Am Acad Dermatol 2003; 48(3): 311-40 7. Carlson JA, Chen KR. Cutaneous vasculitis update: small vessel neutrophilic vasculitis syndromes. Am J Dermatopathol 2006; 28(6): 486-506 8. Tai YJ, Chang AH, Williams RA et al. Retrospective analysis of adult patients with cutaneous leukocytoclastic vasculitis. Australas J Dermatol 2006; 47(2): 92-6 9. Carlson JA, Chen KR. Cutaneous pseudovasculitis. Am J Dermatopathol 2007; 29(1): 44-55. 10. Jennette JC, Falk RJ, Andrassy K et al. Nomenclature of systemic vasculitides: proposal of an international consensus conference. Arthritis Rheum 1990; 33 (8): 1135-6. 11. Fries JF, Hunder GG, Bloch DA et al. The American college of Rheumatology 1990 criteria for the classification of vasculitis: Summary. Arthritis Rheum 1990, 33(8):1135-6. 12. Leavitt Ry, Fauci AS, Bloch DA et al. The American college of Rheumatology 1990 criteria for the classification of wegener’s granulomatosis.1990;33(8):1101-7 13. Masi AT, Hunder GG, Lie JT, et al. The American College of Rheumatology 1990 criteria for the classification of Churg-Strauss Syndrome (allergic granulomatosis and angitis). Arthritis Rheum 1990; 33(8): 1094-100 14. Hunder GG, Bloch DA, et al. The American College of Rheumatology 1990 criteria for the classification of giant cell arteritis. Arthritis Rheum 1990; 33(8): 1122-8 15. Mills JA, Michel BA, Bloch DA et al. The American College of Rheumatology 1990 criteria for the classification of Henoch-Schonlein purpura. Arthritis Rheum 1990; 33(8): 1114-21. 16. Calabrese LH, Michel BA, Bloch DA et al. The American College of Rheumatology 1990 criteria for the classification of hypersensitivity vasculitis. Arthritis Rheum 1990; 33(8): 1108-13. 17. Lightfoot Jr RW, Michel BA, Bloch DA et al. The American College of Rheumatology 1990 criteria for the classification of polyarteritis nodosa. Arthritis Rheum 1990; 33(8): 1088-93. 18. Arend WP, Michel BA, Bloch DA et al. The American College of Rheumatology 1990 criteria for the classification of Takayasu arteritis. Arthritis Rheum 1990; 33(8): 1129-34. 19. Callen JP. Cutaneous vasculitis: what have we learned in the past 20 years? Arch Dermatol 1998;134(3):355-7 20. Jennette JC, Falk RJ. Do vasculitis categorization systems really matter? Curr Rheumatol Rep 2000; 2(5): 430-8 21. Sunderkotter C, Sindritaru A. Clinical classification of vasculitis. Eur J Dermatol 2006; 16(2):114-24. 22. Watts RA, Scott DG. Classification and epidemiology of the vasculitides. Baillieres Clin Rheumatol 1997; 11 (2): 191-217 Table I. Causes of vasculitis in our study (n=62) Causes Number (%) Histomorphology Primary 48 (77.4) Neutrophilic (n=22) Lymphocytic (n=13) Eosinophilic (n=10) Granulomatous (n=3) Secondary 14 (22.5) Drugs 7 (50) Neutrophilic (n=3) Lymphocytic (n=3) Eosinophilic (n=1) Infections 3 (21.4) Neutrophilic (n=2) Granulomatous (n=1) Connective tissue disorders 3 (21.4) Lymphocytic (n=3) Malignancy 1 (7.1) Neutrophilic (n=1) Table II: Clinical features of cases with histologically proven vasculitis Clinical feature Number (%) Arthralgia/ arthritis 45 (72.5) Palpable purpura 34 (54.8) Maculopapular rash 18 (29.0) Fever 15 (24.1) Urticaria 12 (19.3) Nodule 4 (6.4) Papule 4 (6.4) Ulcer 2 (3.2) Haematuria 1 (1.6) Table III: Laboratory parameters of patients of patients with histologically proven vasculitis Parameter Positive Negative Not done Anemia 12 30 20 Raised ESR 50 12 Leukocytosis with neutrophilia 11 31 20 Eosinophilia 4 38 20 Thrombocytopenia 8 42 12 Kidney function tests 4 58 ANA 12 22 28 Anti-ds DNA 6 28 28 ANCA 16 46 CRP 12 26 24 Anti HCV 5 57 ASO titre 8 15 39 Table IV: Association of histomorphological diagnosis with clinical impression HISTOPATHOLOGICAL DIAGNOSIS CLINICAL DIAGNOSIS Primary Small Vessel Vasculitis (n=48) Neutrophilic / Leukocytoclastic (n=22) Vasculitis(n=8) Pustular dermatosis (n=5) Microscopic polyangiitis (n=4) Rheumatoid vasculitis (n=2) Hypersensitivity vasculitis (n=1) Erythema Elevatun Diutinum (n=1) Henoch-Schonlein Purpura (n=1) Lymphocytic (n=13) Chronic Urticaria (n=4) Perniosis (n=3) Pityriasis Lichenoides (n=2) Atrophie Blanche (n=2) Erythema Annulare Centrifugum (n=1) Polymorphous Light Eruptions (n=1) Eosinophilic (n=10) Urticarial vasculitis (n=6) Prurigo nodularis (n=2) Hypersensitivity vasculitis (n=1) Granuloma faciale (n=1) Granulomatous (n=3) Allergic granulomatosis (n=2) Churg-Strauss Syndrome (n=1) Secondary Small Vessel Vasculitis (n= 12) Neutrophilic (n=6) Drug reaction (n=3) Behcet’s disease (n=1) Sweets syndrome (n=1) Acute neutrophilic dermatosis (n=1) Lymphocytic (n=5) Drug reaction (n=4) Discoid lupus erythematosis (n=1) Granulomatous (n=1) Wegener’s granulomatosis (n=1) Medium vessel vasculitis (n=2) Neutrophilic (n=2) Polyarteritis Nodosa (n=2) LEGENDS Figure I: Palpable purpura Figure II: H E (20x10X): Neutrophilic vasculitis Figure III: HE (10x10X): Lymphocytic vasculitis Figure IV: HE (20x 10X): Granulomatous vasculitis Figure V: HE (20x10X): Medium vessel vasculitis with panniculitis

Partnership Law

The Law of Partnerships:Scott Osborne The applicable law: Partnership Act 1892 (NSW) The relevant law is contained in the Partnership Act (PA) of each of the jurisdictions. All are based on the PA (1890) UK Act. The contractual nature of Partnerships Partnerships are essentially contractual. Defining a Partnership [s. 1 PA 1892 NSW] The PA defines a partnership as â€Å"the relation which exists between persons carrying on a business in common with a view of profit† Partnerships are unincorporated bodies without any separate legal identity of their own.As Justice Barton put it in Cribb v Korn (1911), â€Å"to be partners, they must have agreed to carry on some business†¦. in common with a view to making profits and afterwards of dividing them, or of applying them to some agreed object†. SO†¦.. whether a particular relationship is, in law, deemed a partnership will depend on the parties showing that it exhibits all THREE ELEMENTS that the PA 1892 require. They MUST show that they are; 1 CARRYING ON A BUSINESS; 2 IN COMMON; 3WITH A VIEW TO PROFIT. Defining â€Å"business† [s. PA 1892 NSW] In Hope v Bathhurst City Council (1980) Justice Mason defined the term business as â€Å"activities undertaken as a commercial enterprise in the nature of a going concern for the purpose of profit on a continuous and repetitive basis†. Difficulties can arise at common law whether a particular activity constitutes â€Å"carrying on a business†. It seems to be a question of fact and degree, for example, Evans v FCT (1989) where Evans won $800k from gambling. FCT said he was â€Å"carrying on a business† for claiming tax from him.Held: Evans had not been â€Å"carrying on a business† of punting as his activities lacked system and organization. Justice Hill made the point that â€Å"all indicia to be considered as a whole†. Defining â€Å"carrying on† Seems to mean that there must be a degree of continuity eith er in fact or intention. Normally an isolated transaction will not be â€Å"carrying on a business† as in Smith v Anderson (1880) where LJ Brett said: â€Å"carrying on implies a repitition of acts and excludes doing one act which is never repeated†.The NSW Supreme Court used similar reasoning in Hitchins v Hitchins (1999) where Justice Bryson said: â€Å"it was characterized as an investment rather than a trade and flow of transactions which could be thought of carrying on a business. BUT– a P CAN be entered into for a single venture if that is what the parties intend as in Minter v Minter (2000) where court said: â€Å"Today, a single purpose joint venture does not escape being a partnership IF otherwise it satisfies the criteria for a partnership in the sense of a commercial enterprise with the object of gain or profit†.SO†¦.. while continuity/repetition of operations may be a strong indication of â€Å"carrying on a business† it is probab ly no longer a â€Å"critical† consideration: Chan v Zacharia (1984), Justice Deane. Contemplated Partnerships A mere agreement to carry on a business as partners at some, (even specified), time in the future does not make the participants partners UNTIL THAT TIME ARRIVES. If one of the intending partners starts the business early without the consent of the others this will still NOT constitute a partnership.Engaging in merely preparatory activities will not constitute â€Å"carrying on a business† : Pioneer Concrete Services v Galli (1985) BUT Everything will depend on whether the activities are really merely preparatory: Khan v Miah (2000) – Lord Millett said, â€Å"they did not merely agree to take over and run a restaurant they agreed to find suitable premises, fit them out as a restaurant and run it once they had set it up. It was what they had jointly agreed to do. Definition of â€Å"in common† There must be some joint participation in a common bu siness: Checker Taxicab Ltd v Stone (1930)A driver rented a taxi from the owner and paid him a % of the fares as commission was held NOT to be carrying on a business in common as no joint participation, no shared rights or duties and each person in reality carried on his own separate and distinct business. The â€Å"in common† requirement does NOT mean that all the alleged partners must take an active part in the business. The test seems to be: â€Å"Does the person who carries on the business do so as agent for the persons alleged to be partners? † – Lang v James Morrison & Co Ltd (1911) Definition of â€Å"with a view of profit†Minter v Minter (2000) made clear that â€Å"a view to ultimate profit is essential in a partnership† BUT noted that it has not been essential that there be a profit-making motive in the short term. This means that even though the partners are carrying on their business in the expectation that there could be losses INITIAL LY – the business will still be carried on â€Å"with a view of profit† IF the parties INTEND that it will ULTIMATELY earn profits. SO†¦.. even where an enterprise does operate at a loss, the parties INITIAL INTENTION will invariably have been to run it at a profit (even if the intention was hopelessly optimistic! N. B. Stekel v Ellice (1973) – parties’ stated intention may be overruled. How the contract of Partnership arises 1. formally by deed; 2. more informally but still in writing; 3. by word of mouth agreement; 4. partly written and partly oral; 5. can be implied from the conduct of the parties; Because partnerships are essentially business contracts the law relating to their formation etc is THE LAW OF CONTRACT. There is NO requirement that a WRITTEN AGREEMENT to evidence parties intention to operate as partners†¦ BUT a formal Partnership Agreement has FOUR clear advantages such as: 1. ritten agreement will set out unequivocally who are p artners; 2. it will clearly detail each partners duties, rights and responsibilities; 3. if a dispute arises the written agreement can be referred to or should prescribe some pre-agreed solution or means or arriving at the solution; 4. the written agreement will allow the parties to make express and undeniable provision for things that are not covered by the Partnership Act or which although provided for in the Act canbe altered by some express agreement to the contrary if the parties choose to do so. Relationship of Partners to Each otherThe relationship is both CONTRACTUAL and FIDUCIARY. 1. partners are not normally permitted to act except for the common good; 2. their relationship is governed mainly by parties’ own agreement rather than Statute. The parties’ fiduciary obligations are subject to their obligations under the Partnership Agreement – Justice Mason in Hospital Products Ltd v United States Surgical Corp (1984) when he said â€Å"the fiduciary relat ionship cannot be superimposed upon the contract in such a way as to alter the operation which the contract was intended to have† Duty to act for the common goodMust not carry on another business in competition with the partnership: Lawfund Australia Pty Ltd v Lawfund Leasing Pty Ltd (2008) BUT If they obtain their fellow partners’ fully informed consent they may retain the benefit for themselves: Farah Constructions Pty Ltd v Say-Dee Ltd (2007) Duration of the â€Å"Duty† Fiduciary duties, in some circumstances, can arise before the partnership formally commences AND they will continue even after dissolution UNTIL the final accounts have been taken. Therefore – the obligation not to pursue personal gain can both pre-date and, to a limited extent, survive the partnership itself as in :United Dominions Corporation Ltd v Brian Pty Ltd (1985) UD and B were partners in a shopping centre development project with a third party SPL. UD was a major financier of th e project and SPL had granted it a mortgage over the land. The mortgage apparently secured not only the borrowings for the shopping centre but also borrowings for other projects in which Brian had no interest whatsoever. The mortgage was granted before the shopping centre partnership had formally come into being but well after negotiations for it had commenced (and at a point when it was clear that B would participate).Notwithstanding this, neither UD or SPL told B of the mortgage’s â€Å"collateralisation† clause. When the shopping centre had been completed and sold UD tried to retain all the proceeds of sale (including all the profit) to reduce SPL’s indebtedness to it for the other loans. B objected. HELD: A fiduciary duty exists between prospective partners. As a fiduciary, UD had a positive duty not to seek a private advantage without B prior knowledge and consent. The same reasoning was applied to: Battye v Shammall (2005) Both parties entered into an agre ement to train and race three horses in partnership.The plaintiff agreed to pay the defendant $25,000 for a half-share in the horses, not knowing that he had bought them for a total of $30,000. He therefore made a secret profit of $10,000. This profit had arisen as a direct result of the defendant’s breach of fiduciary duty and he was therefore liable to account for it to the plaintiffs. In terms of surviving the partnership (until final settlement of the accounts) see: Chan v Zacharia (1984) The parties were partners in a medical practice. They dissolved it in 1981.The premises was leased and the option to renew the lease had to be exercised by the doctors jointly. After dissolution, but before final settlement of accounts, Dr Chan not only refused to join Dr Zacharia inexercising the option, he actively sought and gained a new lease of the premises in his own name alone. Because consulting rooms were difficult to obtain in the area and because the renewal was therefore a ve ry valuable asset Dr Zacharia sued for a declaration that Dr Chan held his interest under the new lease as constructive trustee for all members of the former partnership.HELD: Because their fiduciary obligations continued after dissolution, at least as far as was necessary to wind up the firm’s affairs, Dr Chan had NOT been entitled to usurp for his own private profit an asset and opportunity which had properly belonged to the partnership as a whole. He was, therefore, required to account for that private profit. In terms of once the partnership’s affairs have been completely wound up and final accounts have been taken: Metlej v Kavanagh (1981) The parties had practiced as solicitors in a partnership.They had used rental premises and, when they dissolved their partnership, they agreed to continue occupying the premises together but to operate separate practices. Kavanagh subsequently bought the premises and Metlej sued arguing that he was entitled to participate and to buy a one-half interest in the property. HELD: While Kavanagh would have been liable to account to Metlej for the opportunity during their partnership – he was NOT LIABLE after its dissolution. The same reasoning was applied to:Sew Hoy v Sew Hoy (2001) Bindingness of the Partnership Agreement [s. 5 PA 1892 NSW] + [ss. 6-9] The Partnership Agreement is only binding on the partners themselves SO the terms in it do not normally have any effect on the rights or entitlements of third parties doing business with the firm. EG: a Partnership Agreement states that any one partner can sign partnership cheques UP TO $50,000 but cheques in excess need to be counter signed by another partner – That provision would have no effect on the rights of the erson who accepted the cheque for more than $50,000 bearing only ONE signature UNLESS he had been made aware of the restriction before accepting it. TWO KEY POINTS HERE : Restrictions in Partnership Agreements have this limited effect on third parties because of the doctrines of: 1. Privity of Contract; 2. Ostensible (apparent) Authority Under the doctrine of Privity of Contract the terms of the Partnership Agreement (the contract) are only binding on and CAN ONLY BE ENFORCED by the actual parties to that contract i. e. the partners.Under the doctrine of Ostensible (apparent) Authority third parties are entitled to assume that those who occupy positions that normally carry certain authority will have that authority UNLESS there has been some express notification to the contrary. Each partner is the de jure agent of his fellow partners for the purpose of doing those things that are usual for carrying on the business of the partnership in the normal way – therefore each partner has ostensible authority to do everything that might be regarded as part of the everyday normal functioning of the business.THIS CONCEPT IS NOW ENCAPSULATED IN THE PARTNERSHIP ACT (1892) NSW s. 5 BUT – knowledge of the third pa rties IS relevant : Construction Engineering (Aust) Pty Ltd v Hexyl Pty Ltd (1985) Construction Engineering contracted to build houses for Tambel on land that Tambel appeared to own. Construction Engineering was not aware that Tambel was in partnership with Hexyl Pty Ltd. However, their partnership agreement specifically said Tambel was to negotiate and sign the building contract as sole principle (not as agent for Hexyl or the partnership) and that the partnership’s legal interest in the property was not to arise until after he completion of the building. When a dispute arose about payment Construction Engineering alleged that Tambel had entered into the contract on behalf of the partnership and therefore both Tambel AND Hexyl were liable. Held: Hexly was not liable – while partners can bind one another in contract Tambel had been EXPRESSLY PROHIBITED from entering into the building contract as the firm’s agent. AND – partners’ actions must be wit hin the type of business carried on by firm: Polkinghorne v Holland (1934)Thomas Holland and his son Harold and Louis Whitington were partners in a law firm. Claimant Florence Polkinghorne was one of Thomas Holland’s long time clients but much of her business was attended to by his son Harold Holland. Harold advised Florence Polkinghorne to invest money in a Trust Investment Company that he had formed (which he knew was little more than a shell). Harold later advised her to lend ? 1000 to another of his companies called Secretariat Ltd (which again was little more than a shell).Finally, he persuaded her to become a Director of Secretariat Ltd and to guarantee an overdraft in exchange for a share of the profits. All investments failed! Mrs Polkinghorne lost the ? 5000 that she invested plus ? 5475 for which she became liable under her guarantee. Harold disappeared! Mrs Polkinghorne sued his father Thomas Holland and Louis Whitington alleging that as partners they were liable f or her losses. They argued they were not liable because giving financial advice was not part of the â€Å"ordinary course of the business of the firm†.Held: Harold’s partners were liable for the ? 5000 she had lost in the investments BUT NOT LIABLE fir the ? 5475 she had lost by guaranteeing the overdraft. They were liable for the first loss as providing advice WAS a normal part of the business of the firm. They were not liable for the losses on the guarantee as this had NOT INVOLVED HAROLD ACTING IN HIS PROFESSIONAL CAPACITY – THEREFORE NOT IN THE ORDINARY COURSE OF THE BUSINESS OF THE FIRM. BUT – partner’s actions will be looked at subjectively AND objectively when courts decide whether the other partners are liable:There are two limbs: 1. The subjective test is – what kinds of business does this firm actually carry on (and then look at any actions taken by a partner that were not actually authorized) 2. The objective test is – what kinds of business do other firms actually carry on in the same line of business (a sort of reasonable expectation point) It seems that the courts have favoured this approach as in: Mercantile Credit Co Ltd v Garrod (1962) Garrod and Parkin operated a garage in partnership. Parkin ran the business.Garrod was a sleeping partner with no interest in the firm’s day to day running. Their agreement specified that buying and selling cars was NOT to be part of the firm’s activities. In breach of their agreement and without authority from Garrod Parkin fraudulently sold a car to Mercantile Credit who discovered the fraud and sued for the return of its ? 700 purchase price. Garrod denied liability arguing that Parkin had had no actual or ostensible authority as selling cars was not â€Å"business of the kind carried out by the firm†. Held: Garrod WAS liable.Even though what Parkin had done had been without Garrod’s authority (thereby eliminating any liability under the first limb it was AN ACT WITHIN THE SCOPE OF THE FIRM’S BUSINESS. Therefore, Parkin had had the necessary OSTENSIBLE AUTHORITY and both partners were liable under the second limb. Justice Mocatta looked at the type of business that could be expected in garages generally. â€Å"Holding Out† as Partners [s. 6(1) PA 1892 NSW] Authority of those held out as partners Even non-partners can bind the firm if the firm or some of its members hold them out as partners (this is part of the Doctrine of Ostensible Authority).By representing that a particular person is a partner, the partnership is effectively saying, either to the world or to an individual that the person has all the powers of a partner and that he has authority to bind the firm. If someone then deals with that person (in the belief that they are a partner) the firm may not disassociate itself from liability just because that person was not, in fact, a partner. By representing that that person was a partner the firm becomes liable for any actions which it would have been reasonable for him to have taken as a partner: s. 6(1) PA 1892 NSW. Liability of those â€Å"held out† as Partners s. 4 (1) PA 1892 NSW Third parties deceived by a holding out can therefore sue not only the real partners but also all those who were held out, exactly as if they had been real partners, provided they had at least acquiesced in the holding out. Estoppel Those who allow themselves to be held out as partners, knowing or suspecting that this might induce third parties to alter their position in reliance on that representation, will be estopped from denying the fact of partnership if the denial is to avoid liability to those third parties as in: Waugh v Carver (1793) Liability in General Liability of â€Å"general† partnersA general partners liability is unlimited – liable to the full extent of their personal resources for partnership debts and obligations. If called upon they can ONLY seek a contribution from the other general partners. Their rights against the limited partners are restricted to the limited partners’ agreed contribution. A general partner CAN change status to become a limited partner SO LONG AS there is still at least ONE GENERAL PARTNER left. Liability of â€Å"limited† partners Only liable for the firms debts and obligations to the extent of his contribution or agreed contribution to the firm’s capital : ss. 0, 61 and 65(2) PA 1892 NSW. In NSW they can either be in cash or property valued at a stated amount. (In QLD those contributions must be in cash). THIS LIMITED LIABILITY ONLY RELATES TO LIABILITIES THE PARTNERSHIP OWES THIRD PARTIES. THE LIABILITY TO THE OTHER PARTNERS IS GOVERNED BY THE PARTNERSHIP AGREEMENT AND THE RELEVANT PARTNERSHIP ACTS. Losing Limited Liability Can and will be lost – 1. if there are defects in the Partnership Agreement; 2. if the limited partners participate in management; 3. if a limited partn er’s contribution to capital is withdrawn; 4. if the partnership ceases to be a limited partnership . if there is a failure to describe the partnership as a â€Å"Limited Partnership† in business documents; Key point about limited partnerships: They must be registered : s. 50 PA 1892 NSW Terminating a Partnership Can be dissolved in any number of ways. They may terminate their relationship: 1. by agreement; 2. or if they have provided for it in their original Partnership Agreement – one partner may simply give notice of termination; 3. court intervention (in the event of relationship breakdown. Remember†¦. because partnerships are contractual relationships any change in the composition of the partnership (i. e. ny change in the â€Å"parties†) will technically terminate it: Rushton (Qld) Pty Ltd v Rushton (NSW) Pty Ltd (2003). If some or all of the remaining partners want to continue after a change they can – provided there is both an appropri ate agreement and some arrangement to pay out those partners who are leaving. N. B. any continuation will involve a new partnership; the old partnership will have terminated when the change took place. Therefore – at its lowest level termination will occur whenever there is any voluntary (or involuntary) change in the composition of the partnership whether or not the busiess continues after the change.Such changes include changes initiated by: 1. the death of a partner; 2. the expulsion of a partner; 3. the retirement of a partner; or 4. the introduction of a new partner Dissolution and Winding Up At its severest level termination can involve a formal dissolution of the partnership followed by a winding up of the partnership’s affairs. Winding up means that the partnership’s assets are sold, its debts are paid and any residue that remains is then split among the (now former) partners in accordance with either the terms of their Partnership Agreement or the provi sions in the Partnership Act: s. 4 PA 1892 NSW. Difference between â€Å"Dissolution† and â€Å"Winding Up† Critical difference between dissolution and subsequent winding up is described in: Rushton (Qld) Pty Ltd v Rushton (NSW) Pty Ltd (2003) . Death of a Partner s. 33(1) PA 1892 NSW The PA 1892 NSW provides that: â€Å"subject to any agreement between the partners, every partnership is dissolved as regards all the partners by the death of any partner† SO†¦. in the absence of a contrary agreement, the death of any partner must automatically bring the partnership to an end.The firm’s business may then be formally wound up, its assets and undertaking may be sold, its debts will be paid and any balance will be distributed between the deceased’s estate and the surviving partners in accordance with either the terms of the partnership agreement or, if there are no specific terms, the provisions of the Act. Why automatic dissolution? It is designed to protect the deceased’s interest in the partnership. N. B. The Partnership Agreement can stipulate by agreement that the death of a partner is not to result in automatic dissolution.Expulsion of a Partner s. 25 PA 1892 NSW s. 25 PA 1892 NSW provides that: â€Å"no majority of the partners can expel any partner unless a power to do so has been conferred by express agreement between the partners† The â€Å"express agreement† referred to, while it need not be in writing, should be part of the original Partnership Agreement. Partners have no inherent right to expel co-partners. It is not enough that all the partners get together and agree agree to put a power of expulsion into their agreement just to get rid of the disfavoured partner.The â€Å"normal† way of resolving irreconcilable differences is to dissolve and wind up the partnership. There are a number of â€Å"fiduciary safeguards† which include: 1. the expulsion must be exercised in good faith and it must not be improperly motivated; 2. any power to expel a partner will be strictly construed; but 3. unless the Partnership Agreement expressly or impliedly provides for it, a partner being expelled need not generally be told the reason for the proposed expulsion nor given an opportunity to speak in his defence. How the good faith requirement operates is well illustrated in:Blisset v Daniel (1853) – â€Å"where a power of expulsion exists it must be used for the benefit of the partnership as a whole and not for the benefit of particular partners†. Retirement of a Partner s. 26 PA 1892 NSW The effect of one partner retiring (as with death or explulsion) is to dissolve the partnership in its then form. This is the case even so the business of the firm may continue :Hadlee v Commissioner of Inland Revernue (1989). The practical effect raises some sort of indebtedness between all or some of the continuing partners (those who are buying out the retiring partner).The retiring partner loses all rights to have any continuing say in how the business is run. If the firm is going to continue as a new firm after the partner has retired they may well incur an obligation to indemnify the retiring partner against any action by the firm’s creditors after the effective date of his retirement. This will be important to the retiring partner because under the PA NSW he remains liable for all debts and obligations of the partnership before the effective date of retirement unless the remaining partners and the firm’s creditors agree otherwise : s. 7(3) PA 1892 NSW. The Introduction of a New Partner s. 24 (1)(7) PA 1892 NSW s. 24 (1)(7) PA 1892 NSW provides that: â€Å"no person may be introduced as a partner without the consent of all existing partners† This provision follows naturally from the fact that partners have an unlimited liability for partnership debts and obligations and therefore there is a mutual trust, confidence, understandi ng and goodwill presumed to exist. Incorporated Limited Partnerships s. 49 PA 1892 NSW defines them as â€Å"an incorporated limited partnership formed in accordance with the Act† – NOT VERY HELPFUL!Better defined as, â€Å" an association of persons carrying on business as partners where the liability of at least one of them is limited and the funds and business are managed by one or more general partners for the benefit of all the partners collectively† – s. 995-1(1) Income Tax Assessment Act 1997 (Cth). SO†¦these partnerships have a corporate identity, a separate legal personality and perpetual succession. ONLY the limited partners are protected though – unlike all limited liability companies! Therefore the general partners remain liable without limit!Why have an Incorporated Limited Partnership? (ILP) ILP’s were the direct result of the Commonwealth Government’s Venture Capital Act 2002 (Cth) to facilitate non-resident invest ment in Australia. The Act provides concessional tax relief!! This is restricted to those involved in venture capital investments AND REGISTERED under the Act. Limited Liability Issues Normal (unincorporated) limited liability partnerships do not provide VC with the certainty of limited liability as they are NOT incorporated and have no independent legal status. Formation of an ILPThey MUST be REGISTERED – in NSW the Registrar of Business Names. How to Register [s. 54 PA 1892 NSW] Must lodge an application with above signed by existing or proposed partners detailing: 1. that the partnership is to be registered as an ILP; 2. the firms name, address and principle office; 3. full name and address of each partner; 4. status of each partner i. e. â€Å"general† partner or â€Å"limited† partner; 5. for registered VCLP either evidence of registration or a statement outlining the intent; 6. anything else prescribed as required, under regulation or otherwiseOnce REGISTE RED an ILP is in most cases will be subject to the rules of the Corporations Act 2001 (Cth) regarding matters such as directors’ duties and the prohibition of disqualified persons taking part in management. Assumptions those dealing with an ILP are entitled to make: The PA 1892 NSW provides a number of assumptions that those who deal with an ILP are entitled to make (UNLESS they know or suspect that the assumption is incorrect! ) These assumptions are: 1. the Partnership Agreement has been complied with; 2. anyone on Register as a â€Å"general† partner has authority to perform duties; 3. nyone held out as a â€Å"general† partner in, or as agent of, an ILP is a â€Å"general†partner and has such powers/authority; 4. the â€Å"general† partners, and agents of, an ILP properly perform their duties to the ILP; 5. that a document executed by an ILP has been duly executed; 6. that a â€Å"general† partner in an ILP who has authority to issue a d ocument on its behalf has authority to warrant that the document is genuine or a true copy. How are ILP’s Regulated? Not governed by the general partnership rules! Most important perhaps is when it comes to joint/several liability.Partnership Act NSW provides that general law of partnership does NOT apply to ILP’s OR to the relationship between the ILP and its partners: s. 1(C) PA 1892 NSW. Partnerships & Companies – Generally The reason for the distinction between P and C is quite simple. A P is an ASSOCIATION of persons ACTUALLY â€Å"carrying on a business†. Together the partners decide what business will be carried on, they are usually entitled to get involved in the day-to-day operations and they are personally liable for the partnership’s debts and obligations. With C this is not the case.C are INDEPENDENT LEGAL ENTITIES WITH A PERPETUAL EXISTENCE. They obtain their funds from shareholders who are generally, both in fact and in law, passive i nvestors. The difference between P and C can be very important even in small closely held companies where the directors are also the company’s sole shareholders and operate like a P – the legal position is that they are not a P and therefore have NO right to be treated as such by the law. This can have very unfortunate circumstancesas in: Friend v Brooker (2009) The parties incorporated a company and they were equal shareholders.Brooker borrowed funds personally to help the business. The C later went into liquidation and there was not enough money to repay the loan. Brooker claimed that the C had merely been a corporate vehicle for a P between the two men and therefore P law should apply. Held : Brookers action failed. Court said he and Friend had taken a deliberate commercial decision to adopt a corporate structure for their business instead of operating as a partnership therefore no fiduciary duty owed. Advantages of Partnerships Simple and cheap to set up Can be sim ple and cheap to dismantle ConfidentialityParticipation in management and decision-making Flexibility Partners owe a fiduciary duty to one another Can be used to reward and retained skilled/valued staff Disadvantages of Partnerships Have no separate legal existence Continuity problems Limited numbers Capital may be more difficult to raise Unlimited liability Statutory Agency Partnership interests are not freely transferable Some Partnership decisions require unanimity Partnership In Tort [PA 1892 NSW ss. 10-13] The basic provision concerning the way in which tortious (and criminal) wrongs committed by a partner are to be treated reads as follows: where by any wrongful act or omission of any partner†¦. acting in the ordinary course of the business of the firm, or with the authority of the partner’s co-partners, loss or injury is caused to any person not being a partner of the firm, or any penalty is incurred, the firm is liable therefore to the same extent as the partner so acting or omitting to act†. Therefore, all partners will be collectively liable but that is not all. The PA 1892 NSW makes clear that partners’ liability is both joint and several s. 12 PA 1892 NSW – therefore the injured party can sue the whole firm OR partners that he chooses.If he sues only some of the partners – THEY WILL BE PERSONALLY LIABLE (they will also be entitled to seek a contribution from the other partners). If recovery in full cannot be obtained from the sued partners by the injured party they may later sue partners who were not sued for the shortfall!! Breaches of Contract – the partners are simply â€Å"jointly† liable for the firm’s debts and obligations so the injured party generally only gets one opportunity to sue collectively : Kendall v Hamilton (1879) – partners are â€Å"jointly† liable for partnership debts.To succeed the injured party must prove FIVE things: 1 . there was a wrongful act or om ission; 2. it was committed by a partner; 3. partner was acting in ordinary course of firms’ business or with actual or implied or apparent authority of his co-partners; National Commercial Banking Corp of Australia Ltd v Batty (1986) 4. injured party suffered loss or injury; 5. loss or injury resulted from the wrongful act or omission. Also see: Polkinghore v Holland (1934) – SEE ABOVE FOR FACTS AND DECISION