Case Stu

dyCASE STUDY Case 1: Haier in India: building presence in mass market beyond China 1. Why did Haier enter India? What did it plan to achieve in this new market? At First, Haier started as a small refrigerator factory in China. Zhang Ruimin put great emphasis on product quality, so he never tolerated any faulty refrigerators. By creating products under the value of quality awareness, Haier became the world’s biggest appliance seller by retail volume. In 1990s, Haier marched into global markets and used internationalization strategy.Haier made a great effort to break the bias that â€Å"made-in-China† products are of low quality. As Haier achieved success in the US and Europe by creating high quality brand image, it widened its scope more and more. At the time of 1980s, India was not a good target market for Haier to approach because the Indian government was acting very defensive to foreign companies. However in 1991, as India experienced payment crisis, the country had to liberalize and open up the market to foreign investments. As China encouraged companies to go overseas by subsidizing by policy banks’ loans, Haier decided to enter the Indian market.China chose Indian market as a target because India had the world’s second most populated economy and was experiencing rapid economic growth. The growth rate was similar to the one seen when Haier first achieved success in china. Also, Haier could expect several advantages from Indian market such as rising disposable income, an expanding middle class, and a relatively low entry barrier in the white good market. Banerjee, Haier India’s president, noticed that as the company was already gaining power as a major player in global market, appropriate strategy and direction would give Haier huge opportunities in the expanding market of India.Banerjee made specific targets for the company – to garner 20% of India’s white goods market in five years and to become one of the top three industries in seven years. Also he wanted to build an integrated manufacturing facility. The background of entry to Indian market was quite attractive. India’s white goods market, where Haier wanted to penetrate and achieve in top rank, was a growing piece of pie. From the materials offered in the case, [EXHIBIT 3], the home appliance sector was growing between 11% and 14% annually and Consumer Electronics sector was growing from 11% to even 30% in 2003.Economic growth brought increase of household income and middle-class. This is a positive situation for Haier because there would be more double-income and nuclear families which means more demand for house appliances. As Haier was already a global brand, it tried to expand its market more widely. As a result, India seemed to be suitable because its gross population was huge, and India was a developing country where more people would demand appliance as time goes by. Haier regarded India as a chance to generate dispo sable income for electronics purchases.With anticipation of the high market demand, Haier had plans for new plants, new production lines, capacity expansions, and even Greenfield investments. 2. Evaluate Haier’s entry strategy in India. What was and was not working? Why? Although many Chinese companies choose to first enter developing countries and then later more developed countries, Haier approached in an opposite way. So at the time when Haier entered Indian market, the company already had experience in high-end markets in the US and Europe.Because US and Europe market is mature market and competition is more fierce, Haier would have already known some strategies to appeal customers. Although Haier had experience and sources to attract customers, the entry strategies used in India were not all successful. Their production anticipation turned out to be too hasty. On the other hand, image setting strategy was quite successful because their global branding strategy made India n people believe Haier as a high quality brand, not many knowing Haier as a Chinese brand.The price strategy that Haier first adopted was a premium price strategy, which seemed to be appropriate when considering other giant brands such as LG or Samsung were adopting low pricing strategies. It could be a way to set the cost higher than major brands if entering company thinks price would not be a competitive factor in the market. One entry strategy that Haier and other company weren’t successful at first was the anticipation of high market demand in 2004. As Indian market was a growing market, companies expected the demand would rise significantly.As a result, they increased the production capacity. However, they were over-reacting to the market trend. Market demand could not catch up the production amount, so the refrigerator industry should have been overstocked. As an entry strategy, Haier adopted a global branding strategy in 2004. Before, Haier usually had an image as an e xport-based company, but Zhang wanted to create a name brand in the host market so that they could create an image as a global brand. In fact, Haier wanted to hide its â€Å"Made in China† image which implicates cheap and low-quality products.This branding exercise worked quite well, because people perceived the company as a Germany or the US brand. It seems that market positioning strategy adopted by Haier when entering the Indian market was quite tactical. Korean giants such as LG and Samsung took low pricing strategy, and Haier could have felt burdened to lower the price even lower than them. It is because if quality of Haier’s appliances turns out to be similar to those companies, and the price is similar or higher than them, not many customers would challenge to buy Haier’s.Nonetheless, Haier was confident because they already had experiences in Europe and the US market, and was quite well known as a global brand. As a result, instead of participating in a â€Å"price war† with other giant companies, Haier took premium price strategy in India. Haier rather decided to emphasize their quality in the market, which seemed to be the strategy of fighting in a â€Å"value war† The premium price strategy could be seen as both a success factor and failure factor. Overall, Haier succeeded to implant an image of global and premium brand in the Indian market.The perception of customers about Haier was homogeneous to what the company wanted their customers to have about them. However, image does not always make the company become successful. Haier showed quite disappointing revenue growth until 2009, which demonstrates that after all the company might not have won in the â€Å"value war†. Maybe the premium price strategy was not an option but an unavoidable plan, considering that giant brands were placed rigidly in the market already. 3. Discuss Haier’s localization model in India and other markets. Were they different? If so, why?As the [EXHIBIT 1] in the given material shows, Haier adopted different strategy models through timeline. In the early stage of the company, about 1984, Haier adopted Brandbuilding Strategy. The company itself was not settled yet so it had to build a brand image and notify to customers. Then from 1990, the company started to take diversification strategy. It is also the beginning of global strategy, when Haier started to export their products to the US and Germany. From 1998, Haier selected internationalization strategy, which means not merely exporting to overseas but marching to global market worldwide.From 2005, which was right after the company entered Indian market, the corporation took global brand strategy. Haier wanted to appeal itself as a global brand image with high quality and confidence. This flow of strategies proves that Haier incessantly worked hard to broaden its market strategically. From the stage when the company used internationalization strategy, wh en the company starts to actually find market abroad rather than merely exporting, Haier consistently adopted a â€Å"Three-in-One† localization strategy. Three-in-One† localization means that Haier would position itself as a local brand, produce locally, carry out a local sales strategy and create products tailored to locals’ needs. Basically, localization means adapting the production system and product itself to the circumstances of local industry. Through â€Å"Three-in-One† localization strategy, Haier could realize true localization which means the company could follow the local’s needs at maximum level. Haier’s localization strategy was rather tactical than other localization strategies. When Haier began operations in India, the company did not execute rapid localization.Instead, it took a step-by-step approach, starting from outsourcing. When sales volume grew large enough, it was right time to start acquiring local assets and doing l ocal production on its own. Haier’s approach in the US was similar to the one later chosen in India. When sales grew large enough, the company began â€Å"Three-in-One† plan. By building design centre, Haier realized true localization. The material given states that Haier also replicated this model in Europe. After all, Haier’s localization method seems to be basically similar in India and other countries.The difference of localization model in India and other countries would be more developed localization strategies adopted in India from the experiences of other countries. For example, Haier used factory in India to serve as a sourcing hub to markets in Africa, the Middle East, and Southern and Western Asia. Maybe it was the geographical advantage of India that could utilize this localization strategy. Mostly, the localization strategies were similar in various countries, starting from â€Å"Three-in-One† localization. According to the situation of each country, Haier tactically and slowly accessed to the market.After building factories which means actual production being fully held in the specific country, Haier built centers such as showrooms in retail outlets or design centers to make customers feel close to their products. Localization model used in India might not be regarded appropriate because for six years since its launching, the overall result was not satisfactory. However, from the point of arrival in India to the point of becoming as a brand well known in the country, the â€Å"Three-in-One† localization skill seems to be worked effectively.

The Black Jacobins

1. What perspective does C. L. R. James’ The Black Jacobins present on the history of black struggle for freedom? To what extent does it help you better understand the history of African Americans? C. L. R James in The Black Jacobins had gone beyond the recount of an historical event. His work did not only depict the black struggle for freedom but it gives us the opportunity to encounter with various slaves responsible for the fall of the French rule. C. L. R James also offers us the perspective of the empowerment of the black community. Contrary to others authors, James gives us a detailed account of the rebellion of those slaves. He shows us that the slaves (both men and women) were not passive ‘object’ and that they â€Å"constantly rebelled and resisted their fate, whether through organized rebellion, individual violence, or still more subtle means† (Baptist, nd). The Black Jacobins is therefore more that an historical account, it is a heritage that one should take into example and should be proud of. C. L. R James enables us as readers to visualize and participate in the struggle of the black for freedom. He gives us new perspectives and prospects to consider. For example: he shows the rebellious side of the slaves and pay tribute for it. Unlike others authors, James denounces the atrocities endure by the Haitian slaves. In chapter One of The Black Jacobins, he makes a clear account of the punishments that the white owners imposed on the black which he clearly defined as The Property. The various punishments were mutilations, whipping, tortures and death. The author shows that both male and female slaves were tortured and both resisted tortures. They culminated a deep-rooted sense of anguish which lead to resistance. In James’ views, they did not only resist but they struggle too. They attacked their defendless masters, killed them, poisoned them and their wives and made use of Vodou to hurt them. As C. L. R James (1938) states the slaves â€Å"remained, despite their black skins and curly hair, quite invincibly human beings†, whom instinct of survival was to defend themselves by any means available. Another perspective that the author demonstrated in The Black Jacobins is the loyalty and the faithfulness that the Haitian slaves had in their culture and religious beliefs. Even, if they were converted into Catholicism, they remain faithful to their cults and beliefs and continued to practice it into secrecy. Many authors had debated on the role of Catholicism in slavery and many had argued that slaves became submissive and respected the ‘paroles’ of the bible. For example Rodriguez (1997, p165) stated that â€Å"The Roman Catholic Church was firmly established as an expression†¦. Slaves were baptized and instructed to Catholicism, and all subjects were ordered to observe Sundays end church holidays†. However James depicts us another picture of those slaves. Instead of portraying submissive slaves going to the church, he talks about their secret celebrations of vodou which inspired fear to the masters. Vodou was a mean for them to â€Å"cherish a dream of freedom† (James, 1938) and also to some point have a control on their masters who feared the vodou cults. Through those vodou cults, the slaves were able to regroup themselves and thus prepare their revolution. C. L. R James also stresses on the obstacles that the slaves had to face when struggling for their freedoms. He carefully portrays the life and struggle of some particular slaves. One of those slaves is Makandal, an African maroon who attempted a revolution, without success. He also talked about mulattos and their implication in the revolution of the Haitian slaves. Without C. L. R James, those slaves would have remained in anonymity. The author of The Black Jacobins also put forward the perspective that somehow the French were in a way responsible for the revolution of the Haitian Slaves. The French revolution played a significant role in awakening the consciousness of the black. As C. L. R James (1938) stated: â€Å"they had heard of the revolution and had constructed it in their own image: The white slaves in French had risen, and killed their masters, and were now enjoying the fruits of the earth. It was gravely inaccurate in fact, but they had caught the spirit of the thing. Liberty. Equality. Fraternity† This notion of liberty makes them struggle alongside to gain their freedom. C. L. R James also makes a worthy account of Toussaint L’Ouverture’s life, stressing on his contribution in the revolution of the Haitian slaves. In his article C. L. R James and the Black Jacobins, Hogsbjerg (2010) stated that: James demolished the foundations on which over a century of British scholarship on abolition had rested. The Black Jacobins is a book which did not see from the upper class/oppressors perspectives like almost all slavery books. It is a book which enables us to see the revolution through the oppressed one. On reading The Black Jacobins, my visions about slavery changed. Almost every book I read before described slaves as submissive, however The Black Jacobins did the contrary. It helped me understand the courageous and rebellious character that the slaves had. I also acquired a lot of knowledge about the Haitian population, whom in some way resemble the Mauritian population in their struggle. The First chapter of the book, entitled The property is the most touching and also revolting thing I read in my life. Touching, in the fact that, as readers, we penetrated the book and become one of the slaves but on seeing all those atrocities done to slaves, we felt revolted. The Black Jacobins is a heritage which should be forwarded from generation to generation. It did not only talk about struggling in a slave society but it talks about struggling in every day’s life and situation. C. L. R James did not only make an account of the slaves’ tortures and struggle for freedom, he had also make us penetrated in the owners world. Those who dominated society for their own interest. After reading the book, I also become more aware of the humanitarian character of the slaves. Many authors described slaves as objects. But however in The Black Jacobins, we see that those slaves do have feeling. They were in fact jealous, anguish, happy, sad, revolted, etc. To conclude I will say that C. R. L James The Black Jacobins is a chef-d’oeuvre. It revealed the revolt and the true struggle that the slaves had to face in order to obtain their freedom. It is also a tribute to all those who resisted and helped in making the Haitian revolution possible.Bibliography†¢James, C.R.L, 2001. The Black Jacobins. 4th edition. England. Penguin †¢Rodriguez, J, 1997. The Historical encyclopedia of world slavery, Volume 1 ;Volume . California. Library of Congress†¢Hà ¸gsbjerg. C, 2010. CLR James and the Black Jacobins, international socialism a quarterly journal of socialist theory available at < http://www.isj.org.uk/index.php4?id=639&issue=126> [accessed on 23 avril ] †¢Baptist.E.nd. Introduction available through the database of Slave Resistance < http://scholar.library.miami.edu/slaves/index.html> accessed on 23avril]

No topic Essay Example | Topics and Well Written Essays - 1750 words

No topic - Essay Example Thereafter, the local municipal council issued Mrs. Watkin with a notice requiring that the extension be demolished and be replaced to make it comply with the by-laws. Mrs. Watkin filed a case in court for damages and the judge ruled in her favor by declaring that extension was constructed without a building permit, non-compliance with the municipal by-laws and the extension was not in a fit and habitable condition. The plaintiff’s counsel anchored the claim based two cases anchored on the fact that the susceptibility of a building to a local authority requisition constituted a defect in title. (2) The lawsuit for damages was filed in court by Mrs. Watkin as the plaintiff, while the defendant is Mr. Black, and the judge in this case is Judge Henry. (3) The cause of action is not one based on a contract of sale, but on a breach of the duty of care imposed by the common law on a builder in favor of a subsequent owner, to make good title to the estate or property he has contracte d to sell. The issue in this case is whether or not the plaintiff is entitled to claim damages for the breach of the implied term and duty on the part of the defendant that good title would pass on settlement. (4) The case was decided on the basis of common law rule which puts a vendor under a duty to make good title to the estate or property he has contracted to sell. (5) The relevant question of law refers whether or not there was a defect in the title for failure of Mr. Black to comply with the building permit and non-compliance with municipal laws before constructing the extension. (6) Plaintiff’s counsel quoted Australian cases in order support of his argument and justify the claim of damages. One of the sources of the Court in resolving disputes is by using judicially developed principles laid down in previously decided cases based on the Doctrine of Precedent. (7) The four cases were distinguished namely: Vukelic v Sadil1 and Maxwell v Pinheiro2, by relating the mere d efect in quality, as is usually the position in respect of a town planning restriction as discussed in the case of Dell v. Beasley3 and a building line restriction enunciated in the case of Harris v. Weaver4, where the ownership of the land could be vested in the purchaser although its use was restricted. The case of Moss v PTA Company Ltd5 was also quoted at arriving with a decision where it was ruled that a frontage set-back requirement was held to be a defect in title because the vendor was obliged to dedicate a strip of land in question. According to the ruling, the susceptibility of part of the building to a demolition order was not something known to the plaintiff nor was there anything that required her to make enquiry of the local authority and ascertain the existence of the defect. Thus, there has been a breach of the implied term that good title would pass on settlement. The case of Moss v PTA Company Ltd6 was followed by the court in deciding the case. (8) The ‘rati o decidendi’ of this case laid the legal principle that an owner/builder has a duty of care to a subsequent purchase by making sure that good title will pass on settlement, otherwise, failure to comply with the duty makes the owner/builder liable for negligence. The court held in favor of the plaintiff, Mrs. Watkin by finding that there was a breach of duty on the part of Mr. Black. This cause of action is not one based on a

Social responsibility of businesses Essay Example | Topics and Well Written Essays - 1000 words

Social responsibility of businesses - Essay Example If they are to be civil servants taxing and spending for "social" objectives, then they must be elected. Conversely, when the individual proprietor exercises his "social responsibility," he is spending his own money and is justifiable. So the social responsibility of businesses is to increase its profits ethically in free and open competition (Milton, 1970). Stakeholders include owners (who have a financial stake with expectation of returns, employees with their livelihood at stake expectant of security, benefits and meaningful work), suppliers (have their survival at stake and determine the firm's success, customers (exchange resources for products to profit the firm and benefit from the products), the local community (grants the right to firms to construct and returned with good facilities) and management. Management's stake is akin to the employees with the duty to safeguard the welfare of corporation, by resolving conflicts among conflicting stakeholders and balance their interes ts based on a doctrine of fairness (Ed, 1994). The disagreement lies in management. For Ed, the management still fulfils its role as long as the interests of the stakeholders are met with equality (Ed, 1994). As for Milton, once the manager is not an elected civil servant who taxes and spends the proceeds for "social purposes", he seizes to be manager (Milton, 1970). In his article, he explained that w... In his article, he explained that we act as consumers to get what we want for ourselves and we act as citizens to achieve what we think is right or best for the community (Sagoff). This implies that when we will think of national goals, they will go beyond our self-mere interest. Based on this distinction there will be a significant ethical difference between risk that is taken by the consumers (who chooses smoking) and risk that is imposed on them as citizens (subjected to the radioactive waste). Therefore in view of the cost benefit analysis, which sides the consumers, is not an adequate solution to address environmental concerns as it does not allow us "to have power to act as a nation", because we are not "able to acton a public philosophy, conviction, or faith" (Sagoff). 3.2 Name three steps along the roadmap Lovins, Lovins and Hawkin describe. The first step is to dramatically increase the productivity of natural resources by reducing the wasteful and destructive flow of resources from depletion to population through fundamental changes in both production design and technology. The second step is the shift to biologically inspired models where systems can be designed to eliminate the use of toxic materials, which can hamper nature's ability to reprocess materials (closed-loop manufacturing). The third step would be a move to a solutions-based business model where the new relationship from this model of delivering value as a flow of service will align the interest of providers and customers in ways that reward them for implementing the first two steps. 4.1 What are Reich's arguments against corporate social responsibility Make a list, with one sentence summarizing each. "1. Why the interest" describes the increase of interest in "corporate social

Business law Research Paper Example | Topics and Well Written Essays - 1250 words

Business law - Research Paper Example The policies formulated must be taken into consideration for implementation purposes. Due to dispute that may arise either from the residents of United Arab Emirates or investors from other countries, ADNOC is a company which is committed to ensuring that sustainable development or equal share between individuals and the earth is achieved. Due to this fact, it has made the company to be competitive and thus it has substantial business transactions by either transporting, shipping oil to other countries, marketing oil and distributing. The demand of oil from non producing countries has made United Arab Emirates to expand and develop other gas fields. Due to this expansion Abu Dhabi National Oil Company has 14 companies for distributing oil, gas and other crude oil. This paper seeks to discuss and examine the means of dispute resolution used by Abu Dhabi National Oil Company in United Arab Emirates. United Arab Emirates is a country that is known for foreign investments and thus the country does not have domestic laws which protect those individual who invest in the country. Treaties are normally used in United Arab Emirates though there is need to come up with investment protection and legal means which are used when there is an investment opportunity. The Great Britain was the one which granted emirates free from protectorate laws in 1939 to 1953. During this entire period the law to govern the Emirates of Abu Dhabi was not documented and thus no legislative or administrative means could be used to cancel any business operation that was being carried by the investors. In 1960s agreements between Abu Dhabi and other international oil companies were written requiring the applicable law to be used while carrying business transactions either abroad or locally. The agreements which were signed out contained force of law and thus incase of breaking it then one was answerable to the law. The

Thank you later Essay Example | Topics and Well Written Essays - 750 words

Thank you later - Essay Example It tells us that Miss Moore's lesson has had an impact. This is from 'Everyday Use' by Alice Walker and Dee is speaking to her mama regarding the quilts she wanted to take from Maggie. She viewed them as valuable now, having identified herself with her African American roots. She thought Maggie was not worthy of owning such items, would only use them and destroy them, while she would display them for decoration. The quote showed Dee's attitude to her sister and her own heritage.3. This comes from 'Sonny's Blues' by James Baldwin and is the narrator, Sonny's older brother speaking. He realized the power and wonder Sonny created with his music. It also suggested a deeper understanding of himself, society and his and Sonny's place within it. He valued his brother and his talent at last.5. Mrs. Wright would be meek and obedient, rather scared of the others at first, especially Torvald because he is a man. She might look for instructions from the other women, being afraid to draw attention or to assert her independence. Dee would be annoyed at their situation, tidying herself up, concerned with her appearance and status, and maybe a little impatient with Mrs. Wright.Torvald, as the only man, used to having his own way and women running around after him, might try to organize the women into carrying out tasks such as fetching wood, looking for food, making a shelter. Miss Moore would at first observe all that was happening, then talk to everyone to get their views on how to deal with things. Dee would tell Torvald to stop trying to be master over the women, maybe even argue with him, which would annoy him greatly. Once Mrs. Wright felt she was safe, thanks to Dee's brave attitude and Miss Moore's regard for her input, she would become more assertive. All of them would have to change to more cooperative behaviors and accept that in order to survive, they must see each other's strengths and treat each other as equals. 6. This quote forms the last words in 'The Storm' by Kate Chopin. It has ambiguity, after what Calixta did with Alcee while her husband and son took shelter at the shop. The 'storm' could be interpreted as her passion and the 'happiness' of everyone concerned is ironic. Bobinot was blissfully ignorant, Bibi was safe at home, Alcee's passion had been shared, and his wife Clarisse did not have to sleep with him, which made her happy. It was an ironic closure, suggesting more tempests to come. 7. Aunt Jennifer's Tigers 1. Adrienne Rich is the poet. 2. The speaker is a detached observer, and could be the voice of a young person relating what she saw as the sad life of the older woman, told in an ironic tone. 3. This relates to the tigers Aunt Jennifer was embroidering. 4. Metaphor for tigers 5. The wedding ring's "massive weight" that "sits heavily" symbolized the burden she was under in being married to uncle. 6. She was afraid of him, as the tigers are not afraid of men. The poet talked of "terrified hands" and "ordeals" Aunt had suffered. Name Anderson Scholarship Address Address Date: Write in Dear..MrMrs etc. I am writing to thank you for donating the Anderson

The positive changes in the economy of the United States during Bill Research Paper

The positive changes in the economy of the United States during Bill Clinton's term as President of the United States of America - Research Paper Example Clinton also ratified a large deficit reduction plan. One of the main reasons why Clinton was so successful was because he had skilled financial advisers who encouraged him to create practical policy decisions. Clinton’s economic policies would strengthen the American middle class thus assisting low-income families to capitalize on opportunities to lift themselves from the state of disenfranchisement. Clinton’s economic policies also made it possible for grants to be supplied to the science, educational, and infrastructure sectors, while tackling bridging fiscal gap. These policies essentially made it possible for the United States to benefit from the economic success that it would experience in the 1990s. A robust middle class is necessary for any nation to become developed. A weak middle class group can cause the national economy to stagnate. To strengthen the American middle class, Clinton created policies which would help families to be able to rebound from temporary financial stresses. Clinton was lucky in this respect because his actions were supported by congress; which is something that few presidents are lucky enough to experience. Some of these policies included: The Family and Medical Leave Act - This regulation made it possible for parents to be able to benefit from up to 84 days of unpaid leave when they needed to care for sick relatives or their infant children. Business organizations could not dismiss workers who made the decision to take advantage of this act. Increased minimum wages - Congress, in 1996, agreed to a 20 percent increase for workers who subsisted on minimum wage. This meant that those who formerly earned $4.25 per hour would then start earning $5.15 per hour. This increase would positively affect approximately 10 million full-time workers (Wood, 72). This incentive would not impact negatively on American employers. The child tax credit - President

The ideal global citizen Essay Example | Topics and Well Written Essays - 250 words

The ideal global citizen - Essay Example In this regard, one hereby aims to create a personal concept for the ideal global citizen through an exploration of various contentions on education, religious knowledge and moral systems. A more comprehensive picture of a global citizen was expounded through reflecting on the definition of a global citizen. Parallelism with terms such as globalization or multiculturalism; while ultimately deciding to settle on the term cosmopolitanism (Appiah 58) are equally confusing and tend to provide increasing ambiguity, instead of clarity. Intricate as it seems, one perceived that to establish conjectures of ultimately concluding that â€Å"cosmopolitanism is an adventure and an ideal† (Appiah 62), would be the only shared conviction with Appiah’s discussion. For one, the features or traits that make a global citizen ideal are those cited by Appiah of Christoph Martin Wieland’s 1778 essay in the journal Teutscher Merkur, quoted as: "Cosmopolitans . . . regard all the peoples of the earth as so many branches of a single family, and the universe as a state, of which they, with innumerable other rational beings, are citizens, promoting together under the gener al laws of nature the perfection of the whole, while each in his own fashion is busy about his own well-being† (Appiah 59). The ability to acknowledge that citizens are part of one universal family but recognizes individuality, privacy and confidentiality makes the concept ideal and global. Since one recognized that the concept of idealism is analogous to absolute perfectionism, an ideal global citizen, apart from acknowledging universality of being a citizen of the world, should likewise accept the natural law for diversity in values and principles; yet, adhering to moral codes of conduct. As Albright cited Pope John Paul II’s argument that â€Å"if people were to fulfill their responsibility to live according to moral principles, they must first have the right to do so†

Symbolism in Salvage the Bones by Jesmyn Ward Essay

Symbolism in Salvage the Bones by Jesmyn Ward - Essay Example The greatest symbolism that the reader finds in the novel is Esch’s body. Esch is the eldest sister of her siblings. She gets pregnant with Manny’s child, and the reader finds that she views the world though her bodily existence. She wants to touch the world, see it, hear it, taste it, and smell it, in order to love it. The bodily existence of everything is important to her. She says, â€Å"For though I’m small, I know many things/ And my body is an endless eye/ Through which, unfortunately, I see everything† (Ward 66). Esch calls her body an endless eye, with which she sees hunger, poverty, dog fights, devastation, accidents, thefts, and finally, the Hurricane. She has seen how it is being motherless, and now she is experiencing the pregnancy from a man who has fallen in love with another woman. So, her body has also made her seen un-faithfulness from somebody she loved. She describes her brother’s muscles, dogfights, and hunger in such a descripti ve language that the reader feels as if he is seeing over her shoulders into her world. The reader finds that Esch narrates about her world through instinctive vision, making a blend of what she sees around her and her instinctive thoughts, and describes that blend through symbolic, evocative language. The reader finds metaphors in Esch’s language, sometimes so beautifully expressed through simple similes and symbolism that the attention of reader goes beyond Esch’s description of her bodily experiences of her world, and reaches out to Ward’s wonderful handling of figurative language. We read: â€Å"Manny threw a basketball from hand to hand. Seeing him broke the cocoon of my rib cage, and my heart unfurled to fly† (Ward 5), where Esch describes her rib cage as a cocoon, and describes her heart flying. Beautiful symbolism again comes across when we read: â€Å"Manny’s face was smooth and only his body spoke: his muscles jabbered like chickens† (Ward 11). Again, we read about the living expressions of a body, where Manny’s body is shown speaking about his condition when his face remained calm. The muscles’ jabbering like chickens is again a beautiful example of symbolism-cum-metaphor. Ward writes, â€Å"†¦her skin was dark as the reaching oak trees† (22), and â€Å"†¦until his legs turn to noodles and he is sliding down Randall like a pole† (43), which are beautiful expressions of her crafting of symbolism, metaphors, and similes in her novel. So, we see that metaphorical language can be found more often throughout the novel, like when Ward writes: â€Å"We fall into a pace. My face feels tight and hot, and the air coming into my nose feels like water. I am swimming through the air† (66). The beautiful use of symbolism shows itself when the reader reads about China, Skeetah’s dog. We see China tending its puppies like a mother, making us remember the children’s mother, who used to tend the family until Junior was born. Esch talks about her mother when she would cook and bake for them. Esch’s description of her mother’s chores around the house makes the reader think that the past was more civilized than the present. So, the presence of China tending her puppies is a symbol of motherhood. Esch supporting the provision of resources to the puppies is a symbol of her abilities as a mother, since she is pregnant and tries to compare her feeling and situation with that of

Rebuttal on Mark Twains the World Is Not Civilized Essay Example for Free

Rebuttal on Mark Twains the World Is Not Civilized Essay Mark Twain says that the human race I cruel, and uncivilized. Unlike the animals, humans have the ability to care for those who are weak, sick, and otherwise unfortunate. In the wild if an animal is sick or weak, they are abandoned by their own species and are, ultimately, a source of food for another. The wounded are killed without a hesitation. Man has compassion, not only for our species but for the others. There are many organizations that are created to help people in need. There is the Red Cross that steps in during an emergency to provide shelter, blood and food to those who need it. There are homeless shelters that take in the homeless to shelter them from the elements. There are soup-kitchens that feed the homeless. There are childrens homes that provide a safe place for orphaned or abandoned children to grow up. There is Breast Cancer Awareness, AIDS foundations, and a society to end world hunger. All of these organizations are founded to help someone or something that is in need. Twain says â€Å"I was aware that many men who have accumulated more millions of money than they can ever use have shown a rabid hunger for more, and have not scrupled to cheat the ignorant and the helpless out of their poor servings in order to partially appease that appetite. Even though it may be true that rich men want to get richer, the wealthy people are the ones that are most charitable. Bill Gates and Warren Buffett, two of the richest men in America, give millions of dollars annually to various foundations and charities that help people all over the world Man also helps the animals. There are many organizations that help animals and the planet. Some of those include PETA and Green Peace. We even try to help the earth. New inventions are being created just to help the earth. They start business just to keep specific animals from going extinct. We share and support other countries. When the hurricane in Haiti happened people helped. Resources were given because of the generosity of man. When countries are in need they are helped. When the flood came to Tennessee the people gave some time for community service. Some people that didn’t get hit by the flood could have done nothing but they decided to help others. Man created governments to stop the fighting. Laws were created in order to have a calm and safe environment. Man Negotiates to prevent wars and battles from happening. We also come up with compromise and treaties in order to get peace. For example the Treaty of Versailles was ratified after negotiating and finally coming to a compromise. We don’t just go ahead and fight who ever walk across our territories like the lions.

The Whitsun Weddings, Philip Larkin

The Whitsun Weddings, Philip Larkin Many of the poems in Philip Larkins The Whitsun Weddings are concerned with themes such as disillusionment, isolation and the passage of time. However, one common factor that connects the majority of his work in this collection is Larkins seemingly contradictory attitude towards women. Although in many of these poems it can be claimed that Larkin dismisses women as insignificant, there is also sufficient evidence to suggest that his portrayal of them is in fact indicative of their desirability and power, particularly over the male gender. In Afternoons, Larkin seems to directly disregard women in a variety of ways, beginning with the suggestion that they are inferior to men their husbands are occupied in skilled trades whereas the sole function of the women is to produce and bring up their children. The first stanza paints a particularly dreary picture of the routine lives of the mothers, with the gloomy opening summer is fading quickly followed by references to leaves falling and the hollows of afternoons which connote the melancholy image of youth passing. Considering these are young women, however, may suggest that Larkin feels a degree of sympathy towards their plight of gradually being replaced by a new generation as they set free their children. The idea that this change is an inevitable process, indicated by natural words such as wind, thickened, and leaves fall may further imply that the speakers feelings are not as harsh as they initially appear. The symbolism of time passing present in the title is carried through the entire poem, ending in the rather ambiguous something is pushing them/ to the side of their own lives, to add to the sense that the women are continually taken for granted and have no control over the direction of their lives. They are thus rendered insignificant both in the eyes of the speaker, who sees them as inferior to men standing behind them for support and with regard to life: they are gradually upbraided, have no control over the passage of time and the only imprint they leave on the world is their impatient and expectant children. However, in both Afternoons and other poems such as Selfs the Man and Love Songs in Age it becomes clear that rather than simply dismissing women, Larkin is actually struggling to separate his attitude towards women with his perception of marriage a constant dichotomy for Larkin, who Nicholas Marsh describes as being terrified of marrying, and incapable of committing himself, mainly due to witnessing the horror of his own parents marriage. This fear and negative attitude is reflected in the language he uses to depict marriage and weddings, such as farcical and the oxymoronic happy funeral in The Whitsun Weddings. Similarly, the disdain he feels for the routine of domesticity is apparent in Selfs the Man, in which the woman is depicted as a persistent nag: he has no time at all, now shes there all day. In Love Songs, Larkins combination of triviality the covers pleased her and poetic diction -frank submissive chord depict the life of a woman who has been left deeply unfulfilled in her widowhood. Like Afternoons, there is a clear sense of domesticity leaching away the individuality, and thus the human significance, perhaps, of the woman as time passes there is no longer the certainty of time that is present in youth; instead only tidy fits and an estateful of washing remain. Interestingly, there is a sharp contrast between the relatively mature viewpoints in the aforementioned poems, which offer a more sedate commentary on the perceived role of women, and the blatant objectification present in others, most notably A Study of Reading Habits and Sunny Prestatyn. Although the latter could be seen as a commentary on the false, idealised images sold to us by the advertising industry, and social reaction to it, the imagery and language used can alternatively be interpreted as a crude portrayal of archetypal male attitudes towards women. Marsh states that Larkin himself was abusive and contemptuous of women, and the poet was widely known for his view that all women are stupid beings -both statements clearly demonstrated in Prestatyn. The fact that the girl consistently has things done to her she was slapped up and setastride rather than being in control of her actions perhaps indicates a dismissal of women as static beings , yet the coarse and somewhat distur bing language offers a darker perception of women. Similar to in Afternoons, a hunk of coast stands behind her as if for support, but as the poem progresses from the subservient image of the girl kneeling (the use of girl itself suggesting inferiority) the stanzas quickly give way to darker male humour: obscenities such as huge tits and a fissured crotch used to deface her image, until eventually she is stabbed and torn apart. On the other hand, the satirical tone present in the final stanza of Prestatyn (she was too good for this life) could allow readers to make an alternative judgement. In the first stanza, the girl on the poster seems shallow and trite: laughing on the sand in virginal white satin. This image of youth seems hardly likely to provoke such a despicable attack, but the words kneeling and tautened also connote sexual provocativeness. In light of this, the girl seems to bring the victimisation upon herself figuratively prostituting herself as it were. The end of the final stanza, however, subtly seems to mock those (assumedly men) who attempted to punish her (either for her contributions to the idealised images of the advertisement or for her unattainable sexual innuendo) in the end all they had in their power was the ability to tear a picture. The replacement image of Fight Cancer illustrates this futility, and a degree of sympathy is present in the tender observation of a vulnerable hand left behind a body part also focused on in Broadcast. Another poem which deals explicitly with Larkins attitude towards women is A Study of Reading Habits. The language is quite childish, with its simplistic, colloquial vocabulary and references to comic books -the alliterative dirty dogs, or clichà ©d old right hook. This idea is continued in the structure: the excitement conveyed in the repetition of and in me and my cloak and fangs is also present in the irregular rhyme scheme, but the initial shock comes in the second stanza with the introduction of rather sadistic sexual fantasies and violent behaviour towards women. This derogatory portrayal of women ripping times, clubbed with sex, broke them up- seems to suggest that women are solely there for the pleasure of men, sweet meringue-like objects to be enjoyed and consumed without regard to their individuality: the women are turned into mere objects deprived of character or humanity. Moreover, distinct patterns throughout the collection can be seen to emerge. Although a number of the male characters in The Whitsun Weddings have names (Mr Bleaney, Arnold, Dockery and a poem dedicated to Sidney Bechet), women are unfailingly dismissed as insignificant through their lack of them they are only vaguely recognised as her, she, and girl. At best, in Wild Oats, they are titled bosomy and the friend, but that hardly shows a sensitivity towards these women rather, it further degrades them by acknowledging only their physical attributes. Indeed, this poem only briefly (and awkwardly) refers to the friend in specs as someone to talk to, whereas reference to beautiful as the bosomy English rose is rhythmic, lilting and positive. Furthermore, the last stanza of this poem mentions two snaps of the beautiful woman kept in the speakers wallet such static images of women can also be seen in poems including Broadcast and Sunny Prestatyn, again reducing women to objects rather th an living, breathing, accessible people. However, one must also take into account the social conventions of the time in which Larkin lived. He comments in Wild Oats that in those days it was faces that sparked/ the whole shooting-match off, indicating the restrictions and emphasis placed on courting. This consolidates the tone of sexual frustration that is implied in many of Larkins poems particularly the darker ones with their emphasis on male domination and female subservience. When viewed in this way, the collection as a whole- with its subtle emphasis on self-discovery and journeys through life seems to provide a parallel to Larkins experiences with women. One of Larkins lovers, Maeve Brennan, commented that, for Larkin at least, romantic distance isthe most desirable relationship one can have with a woman. Alternatively, therefore, the static photographs and freeze-frames referenced in a number of the poems could symbolise either, in Rossens words a metaphor for not being able to communicate with or touch a woman, or even simply Larkins way of demonstrating and dealing with his affections. Therefore, Larkins portrayal of women in The Whitsun Weddings is complex and nuanced. On one hand, Larkin is often dismissive, even derisive at times, of women, characterising them as insignificant and inferior to men. This can clearly be seen in many of the poems in this collection, significantly in Afternoons, and Broadcast. At times, this dismissal moves into more blatant objectification and sadistic fantasy at the expense of the woman, although often with a slight hint of satire and self-parody, such as in Sunny Prestatyn and A Study of Reading Habits. However, we must also take into account the fact that women feature prominently in a variety of his works, becoming the centre of his focus. Very often, there will be tender details which indicate a more sensitive side of the poet, such as the tiny hands, gloves and shoes in Broadcast. In this manner, the reader is shown that although Larkin can present a crude and unpalatable depiction of the female gender, equally he is able to p resent his underlying emotions in a stark, yet understated, way unique to himself.

Essays --

Early life and military career[edit] Born in Tampa, Florida, Kittinger was educated at the Bolles School in Jacksonville, Florida, and the University of Florida. After racing speedboats as a teenager, he entered the U.S. Air Force in March 1949. On completion of aviation cadet training in March 1950, he received a USAF Pilot rating and a commission as a Second Lieutenant. He was subsequently assigned to the 86th Fighter-Bomber Wing based at Ramstein Air Base in West Germany, flying the F-84 Thunderjet and F-86 Sabre. In 1954 Kittinger was transferred to Holloman AFB, New Mexico, and the Air Force Missile Development Center (AFMDC). He flew the observation/chase plane that monitored flight surgeon Colonel John Stapp's rocket sled run of 632 mph (1,017 km/h) in 1955. Kittinger was impressed by Stapp's dedication and leadership as a pioneer in aerospace medicine. Stapp, in turn, was impressed with Kittinger's skillful jet piloting, later recommending him for space-related aviation research work. Stapp was to foster the high-altitude balloon tests that would later lead to Kittinger's record-setting leap from over 102,800 feet (31,300 m). In 1957, as part of Project Manhigh, Kittinger set an interim balloon altitude record of 96,760 feet (29,490 m) in Manhigh I, for which he was awarded his first Distinguished Flying Cross. Project Excelsior[edit] Kittinger next to the Excelsior gondola Main article: Project Excelsior Captain Kittinger was next assigned to the Aerospace Medical Research Laboratories at Wright-Patterson AFB in Dayton, Ohio. For Project Excelsior (meaning "ever upward"), a name given to the project by Colonel Stapp as part of research into high altitude bailouts,[2][3] he made a series of three extreme altitude parac... ...4-mph wind blowing on you. I could only hear myself breathing in the helmet."[12] Kittinger set historical numbers for highest balloon ascent, highest parachute jump, longest drogue-fall (four minutes), and fastest speed by a human being through the atmosphere.[13] These were the USAF records, but were not submitted for aerospace world records to the Fà ©dà ©ration Aà ©ronautique Internationale (FAI).[14] Kittinger's records for the highest ascent, highest parachute jump, and fastest velocity stood for 52 years, until they were broken in 2012 by Felix Baumgartner. For this series of jumps, Kittinger was decorated with a second Distinguished Flying Cross, and he was awarded the Harmon Trophy by President Dwight D. Eisenhower.[15] The Stargazer gondola on display at the National Museum of the U.S. Air Force at Wright-Patterson AFB in Dayton, Ohio. Project Stargazer[edit]

Point of View on the Cask Bridge Essay -- essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  In the minds of many, legendary director Alfred Hitchcock’s infamous shower scene in the 1960 classic Psycho brought the phrase â€Å"point of view† into the language of the general public. What most do not realize is that those in the many spectrums of entertainment have been taking full advantage of the benefits brought on by an audience being dealt a limited field of vision for hundreds, if not thousands, of years. Prior to the advent of film and theater, the best place to find this method in use was literature. The origin of the point of view in literature can be traced back to the earliest forms of literature, where much of what was dictated and recorded was recounted from life experiences. It is of no surprise to most that the idea of point of view stayed, and evolved into many subsections, thanks in full to the fact that every story has a point of view. In the 19th century, point of view hit a creative peak, with the wildly inventive writers of the period finding new avenues to pursue with their works. Stories from that time period authored by individuals such as Edgar Allen Poe and Ambrose Bierce are still read today. What allows Poe’s â€Å"The Cask of Amontillado† and Bierce’s â€Å"Occurrence of Owl Creek Bridge† to be taught as shining examples of wonderful literature are not expert characterizations, moody settings, or heart-wrenching themes as one may expect after studying their other works. Instead, it is the point of view methods that both authors employ that make their works so revered.   Ã‚  Ã‚  Ã‚  Ã‚  When many think of Edgar Allen Poe, their recollection of the man most likely comes back to his gothic classic, â€Å"The Raven.† Despite parodies of the story appearing on classic television shows such as â€Å"The Simpsons,† â€Å"The Cask of Amontillado† is probably the last Poe story the average person will identify by name. The subject matter of â€Å"Amontillado,† though, is not something that would normally be the topic of ridicule. It’s a frightening tale of revenge, humiliation, and murder. Just as Hitchcock would do over a hundred years later, Poe chooses for his audience to see the story through the eyes of a character that is far from the usual suspect; a murderer. Written forty years before the â€Å"Sherlock Holmes† era of literature, where stories found themselves based on a well-mannered detective who solved crimes instea... ... breaks, leading him to fall into the water beneath the bridge that was to be the sight of his death. The story follows Farquhar as he escapes the barrage of bullets flying at him, even making it far enough to nearly embrace his wife. It is then, unexpectedly, that Bierce introduces the truth to the audience; it was all in Peyton’s head. â€Å"Peyton Farquhar was dead; his body, with a broken neck, swung gently from side to side beneath the timbers of the Owl Creek bridge.† The innovative narration by Bierce, who wrote hundreds of works during his life, marks this tale as a true classic.   Ã‚  Ã‚  Ã‚  Ã‚  Each of these stories both represent two different point of view forms. Originating from two equally amazing writers, â€Å"The Cask of Amontillado† and â€Å"An Occurrence at Owl Creek Bridge† continue to survive the test of time. When one considers that vast amount of literature published before the 21st century, it is a feat in itself to even be a part of a literature anthology. But to be a highlight of that anthology, as Edgar Allen Poe and Ambrose Bierce’s expert use of point of view allows them to, is an even more staggering feat regardless of the eyes being looked through. Point of View on the Cask Bridge Essay -- essays research papers   Ã‚  Ã‚  Ã‚  Ã‚  In the minds of many, legendary director Alfred Hitchcock’s infamous shower scene in the 1960 classic Psycho brought the phrase â€Å"point of view† into the language of the general public. What most do not realize is that those in the many spectrums of entertainment have been taking full advantage of the benefits brought on by an audience being dealt a limited field of vision for hundreds, if not thousands, of years. Prior to the advent of film and theater, the best place to find this method in use was literature. The origin of the point of view in literature can be traced back to the earliest forms of literature, where much of what was dictated and recorded was recounted from life experiences. It is of no surprise to most that the idea of point of view stayed, and evolved into many subsections, thanks in full to the fact that every story has a point of view. In the 19th century, point of view hit a creative peak, with the wildly inventive writers of the period finding new avenues to pursue with their works. Stories from that time period authored by individuals such as Edgar Allen Poe and Ambrose Bierce are still read today. What allows Poe’s â€Å"The Cask of Amontillado† and Bierce’s â€Å"Occurrence of Owl Creek Bridge† to be taught as shining examples of wonderful literature are not expert characterizations, moody settings, or heart-wrenching themes as one may expect after studying their other works. Instead, it is the point of view methods that both authors employ that make their works so revered.   Ã‚  Ã‚  Ã‚  Ã‚  When many think of Edgar Allen Poe, their recollection of the man most likely comes back to his gothic classic, â€Å"The Raven.† Despite parodies of the story appearing on classic television shows such as â€Å"The Simpsons,† â€Å"The Cask of Amontillado† is probably the last Poe story the average person will identify by name. The subject matter of â€Å"Amontillado,† though, is not something that would normally be the topic of ridicule. It’s a frightening tale of revenge, humiliation, and murder. Just as Hitchcock would do over a hundred years later, Poe chooses for his audience to see the story through the eyes of a character that is far from the usual suspect; a murderer. Written forty years before the â€Å"Sherlock Holmes† era of literature, where stories found themselves based on a well-mannered detective who solved crimes instea... ... breaks, leading him to fall into the water beneath the bridge that was to be the sight of his death. The story follows Farquhar as he escapes the barrage of bullets flying at him, even making it far enough to nearly embrace his wife. It is then, unexpectedly, that Bierce introduces the truth to the audience; it was all in Peyton’s head. â€Å"Peyton Farquhar was dead; his body, with a broken neck, swung gently from side to side beneath the timbers of the Owl Creek bridge.† The innovative narration by Bierce, who wrote hundreds of works during his life, marks this tale as a true classic.   Ã‚  Ã‚  Ã‚  Ã‚  Each of these stories both represent two different point of view forms. Originating from two equally amazing writers, â€Å"The Cask of Amontillado† and â€Å"An Occurrence at Owl Creek Bridge† continue to survive the test of time. When one considers that vast amount of literature published before the 21st century, it is a feat in itself to even be a part of a literature anthology. But to be a highlight of that anthology, as Edgar Allen Poe and Ambrose Bierce’s expert use of point of view allows them to, is an even more staggering feat regardless of the eyes being looked through.

Development and Aging Essay -- essays research papers

Below, I will describe many factors that are related to development and aging. First, I will talk about how getting older is not a time to sit out, and think life is over. Second, I will define primary and secondary aging. Third, I will talk about how a good healthy diet can help with many diseases in relation to development and old age. Lastly, I will talk about how technology will help many individuals to live a long and health life. Many times when people think of getting older and the aging process they tend to think of turning gray and sitting in a rocking chair watching their life pass them by. This stereotype is slowly being changed thanks to the developments that are being found in research showing that by staying physically and mentally active can help delay some of the onsets of the aging process and help up to live more fulfilled and healthy lives. We all know that aging is inevitable and a natural aspect of life, defined as the gradual loss of the body's ability to respond the environment. Although there are no ways of preventing the aging process from occurring, or finding the so-called "fountain of youth", there are ways to slow down the process and prevent someone from becoming old. As stated in this chapter, despite good health and the absence of disease, primary aging refers to the normal and intrinsic process of biological aging that are generally programmed and that takes place with the passage of time (Lemme 346). As many already know, and as s...

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

Code Switching Essay

Abstract: Though codeswitching research may vary from context to context and situation to situation, the common factors for code switching will be threefold. That is, code switching deals with languages in contact. In interactive social situations code switching will be the use of more than one language For example the interaction during various social events involving interlocutors who know more than one language. With these common factors of code switching this paper looks into the Malaysian context with special thrust to the various reasons involved for code switching during the social interactions. Data for the present paper were collected from the Tamil speaking undergraduate students of the University Putra Malaysia, Malaysia. Their interaction in different identified domains involving three languages viz. Tamil, Malay and English were looked into. Gumperz (1982) while discussing the communicative function of code switching, claims that the speaker plays upon the connection of the we-code to create conversational effect. Thus code switching is seen as fulfilling the relational and referential functions of language that amounts to effective communication and interlingual unity. Apart from this function of code switching ,this paper could identifies several other reasons for code switching in the situations under study. Communicative functions and Reasons for Codeswitching : Malaysian Perspective . Code switching is an everyday reality in every place where more than one language is spoken in everyday communications. Many scholars have studied  extensively about the patterns of code switching and the reasons for code switching. The present paper discusses the communicative functions of code switching and also the sociolinguistic, cultural and pedagogic reasons for code switching in the Malaysian context. Data for the present study were collected from Tamil speaking University students who have enrolled as undergraduate students in the University Putra Malaysia, Malaysia. The data were collected from these students while they were interacting in different domains viz. classroom, university campus, family, market, neighborhood etc. In all these domains they have to interact with Malay and Chinese speakers apart from as well as with other Tamil speakers. It is observed that all the students from whom the data were collected are competent to a certain extent in Tamil, Malay and English. Communicative Functions of Codeswitching Gumperz (1982) when discussing communicative functions, mentions the discourse function of codeswitching, also called the personalization function of language. A speaker plays upon the connotation of the we-code to create a conversational effect. Thus, code switching is seen as fulfilling the relational and referential function of language that amounts to effective communication and interlingual unity. Halliday (1975) on the other hand, views code switching as fulfilling the interpersonal function of communication. Here the mixed language spoken plays the role of a mediator. In other words, it is the use of language to act as a mediator between self and participants in the communicative event. In fulfilling the relational and referential functions, code switching is seen as the medium to convey both social and linguistic meanings. Gumperz (pg. 144, 1982) lists examples of situations created to convey meaning as given below: to appeal to the literate to appeal to the illiterate to convey precise meaning to ease communication, i.e., utilizing the shortest and the easiest route to negotiate with greater authority to capture attention, i.e. stylistic, emphatic, emotional to emphasize a point to communicate more effectively to identify with a particular group to close the status gap to establish goodwill and support Karen Kow (2003) listed in her article a few possible conditions for code switching. Some of the conditions given are, lack of one word in either language Some activities have only been experienced in one of the languages Some concepts are easier to express in one of the languages A misunderstanding has to be clarified One wishes to create a certain communication effect One continues to speak the language latest used because of the trigger effect One wants to make a point One wishes to express group solidarity One wishes to exclude another person from the dialogue. Kow suggests that from the list above, it may be possible to predict which conditions act on a particular sociolinguistic context for codeswitching, for example, when a person who lacks a word in English due to limited vocabulary code switches by using the lexical component from his/her first language instead of English. Therefore, the function here is to overcome the language barrier to meaning-making. Another example is a condition where the speaker, intending to express group solidarity, employs code switching. The function for the switch in this case is to establish goodwill and rapport. Similarly series of conditions can be established for the phenomenon of code switching depending on the social context. Such communicative functions of codeswitching can also be listed according to the functions that they try to accomplish. Among these, the following ten functions have been described in the professional literature (Malik, 1994): Lack of Facility Lack of Register Mood of the Speaker To emphasize a point Habitual Experience Semantic significance To show identity with a group To address a different audience Pragmatic reasons To attract attention. 1. Lack of facility : According to Malik (1994), bilinguals or multilinguals often explain that they code switch when they cannot find an appropriate expression or vocabulary item or when the language of conversation does not have the particular word needed to carry on the conversation smoothly. He offers the example of â€Å"Charan Sparsh† (touching feet) that does not convey the same meaning in the speaker’s code as it does in Hindi. The reason for switching may however be culturally conditioned and David (2003) notes that an alien concept often has a speaker switch to the language from which the concept is borrowed. For example, like the lexical item social drinker in English that is unacceptable in a Malay situation because of the simple fact that drinking alcohol is prohibited in Islam and the Malay-Muslim world does not have a word for it that is equivalent to its meaning in English. Hence, the phrase social drinker is directly borrowed and used as an instance of phrase level mixing as in the following example: Saya difahamkan bahawa OKS jarang minum, hanya seorang social drinker [I understand that OKS seldom drinks, he is only a social drinker] 2. Lack of register: When speakers are not equally competent in two languages and when the speakers do not know the terms in two languages, then codeswitching occurs. For example, college students often code switch by moving from Hindi to English. In certain occupations code switching takes place in the speech of doctors, lawyers, engineers while they interact among  themselves owing to the fact that proper terms in Hindi or in any other language other than English may not be available to them. As a result, they utilize the English terminology that they are familiar with. Thus, one can identify a great deal of lexical code mixing. As David (2003) notes, it is vital for a courtroom setting in Malaysia that a specific terminology be used to refer correctly to an object or a character. The use of the exact terminology or vocabulary is important in this setting when the terminology plays an important role and has the potentiality to make a major impact on life and death, freedom or imprisonment. Therefore, whichever the code is that enables the speaker to get his/her exact meaning across will be the one that is acceptable to the interactants including one where language mixing occurs. The following example cited by David is to the point: Ujian alcohol telah dijalankan iaitu breath analyzer test. [The alcohol test was conducted, i.e., a breath analyzer test] The term breath analyzer is in English rather than in the matrix language, Bahasa Malaysia, simply because of its context-bound significance. 3. Mood of the speaker: Malik (1994) claims that usually when bilinguals are tired or angry, code switching takes place with a new dimension. This means, when the speaker is in the right state of mind, he/she can find the appropriate word or expression in the base language. Very often he/she knows exactly the word in both the languages (X and Y) but the language Y may be more available at the point of time when the speaker has a disturbed mind. Such circumstances may create a hurdle in getting the appropriate word or phrase in the language in which the speaker may be more proficient if he is not mentally agitated. 4. To emphasize a point: Switching is also used to emphasize a point. Gal (1979) reports several instances in which a switch at the end of an argument not only helps to end the interaction but may serve to emphasize a point.  She has taken an example from English/German code switching and stressed that switching from English to German is a means of adding more force to the statement. Meanwhile, David (2003) uses the courtroom environment to show how a defending lawyer uses dominant Bahasa Malaysia to start with and shifts to English to emphasize an important point to the judge that the accused had not committed any crime for 10 years. Sebelum ini OKT pernah ditangkap pada tahun 1975 dan 1986. There has been a 10 years gap since the last offence Semenjak itu OKT telah berumahtangga, mempunyai kerja tetap dan insaf†. [Before this, OKT was caught in 1975 and 1986†¦..since then OKT has married and has held a steady job] 5. Habitual experience: Malik.(1994) stresses the fact that code switching often occurs in fixed phrases of greeting and parting, commands and request, invitation, expressions of gratitude and discourse markers such as Oyes (listen), you know or pero (but), whereas Hoffman (1971) reports that in Puerto Rican homes, the mother gives short commands to their children in English, such as Don’t do that†¦. and the rest of the mother’s warning will be in Spanish. David (2003), in turn, cites an example of habitual mixed discourse in a Malaysian courtroom where the dominant or matrix language is Bahasa Malaysia: Kes merupakan arrest case atau kes saman? [Is this an arrest case or a summons case?] 6. Semantic significance: Malik (1994), Gumperz (1970, 1976, 1982), and Gumperz and Hernandez (1972) all stresses that switching at a particular moment conveys semantically significant information. It is a communicative resource that builds on participant’s perception of two languages. Lexical choice conveys meaning during codeswitching. Gal (1979) reinforced this view by stating that listeners interpret codeswitching as an indicator of the speaker’s attitude, or communicative intents and emotions as code switching is a tool for conveying appropriate linguistic and social information. By the same token, David (2003) describes a range of speech acts like reprimands, directives, requests, and warnings that are conveyed by using different intricate strategies to show the semantic significance in certain specific situations. It is not only the lawyer who code switches, but also the judge. The example below shows how a judge shifts from Bahasa Malaysia, the national language and the official language at Malaysian courts, to English as a face saving gesture: Kenapa kamu tak setuju, panggilan pertama telah dijawab oleh BG Boy dan dah tentu Das mesti menanya di manakah BG Boy berada? Kamu tak faham soalan, saya maksudkan†¦Ã¢â‚¬ ¦ [Why don’t you agree – Bg Boy responded to the first call and surely Dos asked where he was ? You do not understand the question, I mean†¦.] 7. To show identity with a group: Di Pietro (1977) reports that Italian immigrants would tell a joke in English and give the punch line in Italian, not only because it was better said in Italian but also to stress the fact that they all belong to the same minority group, with shared values and experiences (cited in Malik, 1994). 8. To address a different audience: Malik (1994) states that code switching is also used when the speaker intends to address people coming from various linguistic backgrounds. For example, in India the television announcer often uses Hindi as it is the national language but also switches to English. Also, he often repeats the same in English for South Indians or Indian people who do not know Hindi. Similar types of situations have also been reported in some other settings. Linguistic reinforcement often takes place even in courts, according to David (2003) where counsels tend to speak to a number of different interlocutors at the same time. During such occasions obviously they mix codes or switch codes accordint to the ethnicity of the addressee. One reason for such use of mixed languages is to address simultaneously persons from different linguistic backgrounds. Also, the speaker clearly distinguishes whom he/she addresses and what should be communicated. Hence,  the speaker uses part of the sentence in one language and the other part in another language. In the example below the lawyer used a mixed discourse of English/Malay, and the part of his utterance in English is directed to the judge and the other in Malay is meant for the witness. Objection, ada dua fakta di sini.The facts of the chart sheet are clear; it is a clear indication of misinformation. mana satu nak jawab? [Objection, there are two facts here. The facts of the chart sheet are clear; it’s a clear indication of misinformation. Which one do you want to answer?] The code switch is important as the judgment is dependent on the argument of the lawyer