Company Law Problem Question - Free Essay Example

Sample details Pages: 5 Words: 1410 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? Coursework Question Fred and Anne have been operating in partnership for several years, running a business that renovates flats for rental. Occasionally Fred, who is responsible for repairs, has failed to get urgent repairs carried out when they are notified by tenants. One of the tenants, Lisa, has announced that she intends to raise a legal action against Fred, Anne and the partnership on the ground that the floor of her living room was allowed to become rotten and she fell through it and injured her leg. Inspection confirms the floor is rotten, and Lisa has evidence that she notified this to Fred many months earlier. When Fred heard about this legal action, and in an effort to escape liability, he immediately gave notice to Anne that he wished to terminate the partnership. Anne says that the problem was Fred’s fault and she and the partnership are therefore not liable. Anne spends a lot of her time at social functions where she does a lot of networ king. Recently she heard about an opportunity to purchase a building for conversion to flats. Anne then immediately formed a private company, Cheap and Cheerful Ltd, with her husband as the sole shareholder and director, and without Anne saying anything to Fred, Cheap and Cheerful Ltd has now bought this building at a good price and renovated it and has let it at a good profit. Much later, Fred has found out about this and wishes to make a legal challenge. For his next venture, Fred is wondering whether a private limited company would be a safer business vehicle than a partnership, for a flat renovation business, and would welcome information on how to form such a company. Advise Fred and Anne on all the legal issues relating to the law of partnership and company law that arise in this question. Answer: Partnership according to the Partnership Act of 1890(S.1) is the relationship that subsists between the partners carrying out the business with the view of profit. Ã¢â‚¬Ë œA partnership arises when a number of individuals are in business together, rather than in an employer-employee relationship. The legislation governing partnerships is the Partnership Act 1890.’ (Rati Shah MBE, 2011) Here, we see that Fred and Anne have been engaged in a partnership for many years. They run a business of renovating flats to be given on rent to the people. Fred being the partner in the business would usually take up the responsibility to do the repairs in the rented flats, if any. But he failed to make the urgent repairs when notified by the tenants. Lisa, being one such tenant, said that she would file a case against Fred, Anne, and the Partnership for not fulfilling their responsibility of making the repairs on the floor of her house which was rotten and due to which she fell and injured herself. Fred sent a letter to Anne to terminate the partnership (because he didn’t want to face the liability all by himself). Anne clearly told that the fault l ies in the hands of Fred and that neither the partnership nor she herself can be held liable. Anne later started off a private company, Cheap and Cheerful Ltd. with her husband. Without informing Fred about the new company, Anne through Cheap and Cheerful Ltd has now bought this building at a good price and renovated it and has let it at a good profit. Fred wants to make a legal challenge against Anne. He is also confused as to which would be a safer form of business for his next venture. A partnership or a private limited company? Well, there are many differences between a partnership and a private limited company. A company has more complexity in its structure when compared to a partnership. More people are involved in the decision making process. The shareholders decide as to how they can manage and run the company. Where as in the partnership, the whole business including the liabilities and profits are shared among the two or more partners of the partnership firm and its structure is simple. In a partnership, the partners are held legally responsible for all the debts and liabilities of the firm. On the other hand, in a company, the shareholders are not held accountable for the company’s debts. The company is a separate legal entity. Thus it holds itself liable for all the legal fees and the shareholders of the company are not jeopardy of losing their assets. A company is an artificial person. This makes the company in a position to make legal actions for and against those making legal actions in favor of or otherwise of the company. While, partnership isn’t considered to be a legal person and the partners own the properties of the firm and will be held liable for all the actions undertaken by the firm. The liabilities of the shareholders in a company are limited only to the extent of the shares that he holds. While in the case of partnership, the partners liabilities in unlimited. That is the reason why the partners’ personal a ssets can be taken to pay off the liabilities and debts of the partnership firm. Insolvencies of the company do not make the members of the company insolvent. But in a partnership, if the firm is insolvent, the partners are also considered insolvent. Partnership has lesser formalities and is simple. Whereas, a company is more formal and complex. Like for example, when a company is to be dissolved, strict formal rules are to be heeded while in the case of a partnership, dissolution can take place even by mutual consent. There is a Board of Directors who is elected by the shareholders of the company. But in a partnership, it is different. The firm is looked after by one or a group or by all the partners of the firm. No election takes place. Perpetual succession is present in a company. This means that if a shareholder of a company passes away or is considered insolvent, the company doesn’t cease to exist. It continues. This is in contrast to a partnership firm where if a partne r dies or is considered insolvent, the partnership ends and there is no such perpetual succession. For a company to come into existence, it has to get registered with the Companies Act, 1956. But in a partnership, that isn’t necessary. In a company there must be a minimum of two members (in a private company) and seven members (in case of a public company). But in a partnership there is a need of only two partners. In a public company the maximum number of members can be infinite and in a private company, they can have not more than fifty members. Contrastingly, in a partnership, the maximum number of members is twenty in a trading firm and ten in a banking firm. A shareholder in a company can transfer his shares but a partner can’t transfer his part of the shares without the assent of the other partners of the firm. In a partnership, the profits can be distributed equally or in proportions decided by the partners but in a company, the profits are distributed on the ba sis of the articles provided by the directors. Auditing plays a vital role in a company. But it is not necessary in a partnership. One the basis of the above differences between a private limited company and a partnership, I would advice Fred that a private limited company would be safer to be established for his next venture. They can start their business as soon as they receive the Certificate of Incorporation. There is no requirement of a minimum capital. A private limited company needs only a single director even though more can be elected. But, it is not allowed to have its shares listed on the Stock Exchange. It has lesser obligatory official procedures. All these make a private limited company more advantageous than a partnership firm. Especially when it is a flat renovation business, the risks can be minimized as formalities are less and the liabilities are only to the extent of shares held by the member(s). Excellent identification of relevant facts, making assumptions where appropriate and application of relevant law, covering all legal issues. Excellent use of primary and secondary sources (primary: statutes, cases, secondary: textbooks, journal articles) Answer is well structured with a clear introduction and conclusion, and logical development of argument. Don’t waste time! Our writers will create an original "Company Law Problem Question" essay for you Create order

The Concept of Dualism Essay - 1013 Words

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Health Promotion Substance Abuse Samples †MyAssignmenthelp.com

Question: Discuss about the Health Promotion Substance Abuse. Answer: Substance abuse is a global peril and is a threat to humanity and sustenance of mankind. Substance abuse can affect an individuals life at any point of time. People have been using drugs and alcohol on a long term basis. Drugs find use in the treatment of ailments within an individual. However, the drugs can be further divided into schedule and no-schedule drugs, which is the main contributor to substance abuse. Drugs and alcohol has been doing harm to the society and deaths by substance abuse are reportedly higher in many developing and developed countries. Health promotion motivates us to embrace the idea of well-being. Many programs have been initiated worldwide to eliminate the problem of substance abuse, which is often short term and it is concentrated on simple facts and situational analysis. However, the lack of community based approaches hinders the success of much of the programs. The current study discusses in detail in the generic strategy for health promotion, designing an action plan for promotion of the health objectives. The Ottawa charter for health promotion has also been discussed in the current regards. The generic strategy Health promotion and prevention of disease is two distinct topics and are related. Prevention generally identifies the problem and helps in avoiding similar situations in the future. The focus of prevention in the field of substance abuse is reduction in the drug usage, reduction in the use of alcohol or tobacco. Health promotion works as a broader level of prevention, which mainly focuses on the all-over well being of the patients (Eldredge et al., 2016). Health promotion targets to reduce the stigma along with addressing the root cause of drug abuse. Health promotion is a process of providing sufficient knowledge and autonomy in the hands of the individuals and community in general for controlling their own health. Like every other things which makes human feel good, the psychotic substances like drugs, alcohol and tobacco changes the way we feel. These psychotic substances have the potential to do both good and bad by taking the charge of life from our hands. The traditional prevention programs focuses on the ways to prevent and treat the negative outcomes of this problem (Neiger et al., 2012). This has led the government to apply many policies and legislation, which restricts the supply of the drugs, alcohol and tobacco. Health promotions does not necessarily seek to protect people from harm, it encourages and enables people to gain control over their health (Soubhi, Potvin, 2010). The health promotion interventions always focus on the well-being of the people. Each substance has its associated side effects and produces different symptoms and expressions in an individual; every environment has different cultures, which adds elements of resiliency. In this respect, porters generic strategy model could be used for affective promotion of health objectives within the population. The model was suggested by Michael Porter in 1980 to establish the relation within organizations at the grassroot level and the industry as a whole. The strategy in general believes in maximization of the core capabilities of an organization to provide it with a competitive advantage over other similar market players (Benavides-Vaello, Strode, Sheeran, 2013). The strategic model can be divided into three different objectives such as cost leadership, differentiation, differentiation focus, cost focus, stuck- in-the middle. There are some of different aspects of the model which could be elaborated further based upon the requirements and scope of health promotion. The cost leadership focuses upon designing and promotion of strategies for health promotion which would provide the best in class services to the desired section of audiences. In this context, the target audience would be the one suffering from drug abuse. The goal of the health promotion objective would be to provide them with best possible alternatives or medication for management of the side effects of the drug abuse. Therefore designing health promotion campaign where the patients are provided with cost effective medicines such as opoids for pain management and central nervous system depressant such as diazepam and alprazolam can help in the establishment of cost leadership. The success of the campaign lies in the differentiation of the promotional strategies, which can help in reaching out to the maximum number of audiences. In this respect, using different modes or platforms for promotion such as handmade posters, pamphlets along with large scale online campaign can help in diversification of the audience bases. The differentiation focus here means drafting out promotional plans and awareness messages for individual audience section. The peril of drug abuse is common within the youth as well as the aged who have suffering from long term addiction ("Lives of Substance - personal stories of addiction", 2017). Therefore, the mode of treatment and strategic promotional plan varies according to the section of audiences being addressed. The cost focus here refers to the designing and mitigation of cost effective alternate solutions which could help in controlling and regulating the incidence of drug abuse. There is a need to identify the focus group and reach out to them individually, through effective collaboration with multiple state and federal government health channels. As commented by Loss, Lindacher Curbach (2014), regular blood tests, vaccination, affective medication management along with following a holistic care regimen can reduce the dependence on such illicit sources. The stuck in the middle situation can be encountered in case proper research and evaluation is not done before the implementation of the promotional objectives and campaign. An example of the strategy in action The health promotionstrategies, which are specific to a substance, in general, works to reduce the available supply of that substance, it also works to reduce the individual demand of that particular substance. In another way, these strategy works to reduce the potential of harming the individual and the society using it. The specialty of the health promotion strategies is the works to reduce the risks such a way that the interactions of these risk factors are complex. The substance abuse related health promotion strategies offer many opportunities for the policy change (Bennadi, 2013). The health promotion strategy discussed here is demand reduction. It works at all three level (individual, community and environmental). The demand reduction comprises intervention in such a way that it also aims on to the reduction of the harmful consequences of using alcohol, tobaccos and drug. The scope of the demand reduction intervention is wide. The demand reduction health promotion strategies can be applied in two ways. One is through school-basedcampaign, which works by mass education (Onnela et al., 2014). Another is through providing the abused people with drug dependence treatment. The first approach is focused on the youth. The most effective programs for youth are the one, which are long-term, and comprehensive. The most effective programs can be embedded in the existing curriculum (Kania et al., 2012). It is also necessary to target those people who are not in the school. Therefore, the approach should also be on the street level. The campaigns, which are held in the schools, are often anti-drug.However, through the health promotion approach, it should be pro-heath. These campaigns should emphasize on building self-esteem to the students (Drewitz-Chesney, 2012). However, the first approach could not provide the patients with expected outcome, whereas the second approach is safer and effective. For example, the treatment for heroin independence using the substitution drugs in structured settings with psychological assistance has shown immensely positive response. The intervention method includes the attraction and retention of the substance abuse patientslong enough to make the treatment work. It can make the drug and alcohol demand for this particular community to decrease gradually. This provision is available and affordable. There are many other benefits of this approach such as reduction in the number of drug overdose death. The majority of people who suffers from the addiction problem like alcohol, tobacco and drugs opt for a detoxification prevention program. Detoxification or detox is one of the safe and comfortable management to treat the withdrawal symptoms (Stafford, Allsop, Daube, 2014). The Detoxification program cannot be considered as a distinct form of treatment, rather than it can be considered as a prelude to the treatment. However, the drawback of the det oxification program is that, the addicts availing this service can relapse back into the addiction. This makes them in exposure of drug overdose or alcohol overdose. The heroin users are often treated with supplement drugs such as Methadone. Methadone treatment is the most effective one and is more extensively studied. It reduces deaths by drug overdose, crimes and HIV infection. The main drawback of this treatment is that Methadone is often poorly supervised and is available in the black market. It can be used as another legal medical drug, which can be used again as a substance. The health-promotion strategy approach of using Methadone should be promoted on the community level (Herrman, 2012). The campaign should be focused about letting people know about the bad effect of the drug. Another campaign, which could raise awareness amongst the common people including the young, is the media campaign. Media campaign is also an effective tool to reduce the drug demand. However, intervention campaign through media is often ineffective. Best practiceI: Planning, evaluation, context According to the WHO stated health promotion principles, a successful health promotion strategy will involve the population in a whole rather than focusing on the people with one specific disease. It is directed towards the action on the health determinants. An effective Health promotion strategy, combines many complementary methods or approaches. A particularly effective health promotion strategy aims an effective participation and the health professionals who work to the primary healthcare have an important role in enabling the health promotion (Roden, Jarvis, 2012). Many approaches of theabove-mentioneddrug demand reduction strategies and intervention has maintained the health promotion principles apart from the closed setting treatment. The media campaign approach is cost-efficient and involves the people in mass, but it does not influence the community as a whole. The youth oriented school based interventions also targets a mass population, but is not always effective. The interventions using drugs such as Methadone as a substitute along with psychological counseling is the most effective approach involving substance abuse. Counseling and detoxification therapy can be an effective approach together for any people, who are suffering from any kind of substance abuse. The framework of intervention with many clear goals needs evaluation for effective outcome. Before implementing the framework, consideration of three essential phases needs to be considered. These are, assessment of the strength and framework of the community, planning of the approach and implementation of the approach. To do this connection with the key stakeholders such as school, street, parents is necessary. For planning the approach against substance abuse, nurturing the key partnership among colleagues, peers and community is alsoimportant (Roden, Jarvis, 2012). Identification and evaluation of the intended outcome of the health promotion strategy is necessary. To develop and evaluate a conceptual framework, engagement of stakeholders in developing and disseminating is necessary. Best Practice II: Ottawa Charter in action The Ottawa chartered Health promotion (1986) has been influential in guiding the all over development of the health promotion concept. The Ottawa Chartered can be used at any population settings and the action areas shows more chance of promoting health than when they are in isolation (Woodall, J. R., Warwick-Booth, Cross, 2012). The Ottawa chartered highlights the potential role of the every organization, system and also the community as well as the individual level. The problem of substance abuse, such as alcohol and drug abuse is prevalent among the individuals of Australia. The studies revealed that, in recent years there have been many reports, which highlighted more young people, are consuming more alcohol and drugs. The need of a proper health policy: Building a healthy public policy is necessary to implement this health promotion framework. A healthy policy ensures that the people are safe. This includes about making a policy about increasing the age limit of using alcohol (Ayo, 2012). Create a supportive framework: Creating a supportive framework is important as it ensures the creation of the supportive environment. Misusage of substance is not just affects the young people as it affects the whole community. The supportive environment would help them to be free from the influence of alcohol and psychotic substances. Strengthen community action: Strengthening community action includes the involvement of the whole community to the approach, not just in individual level. If the actions are taken at the community level, it will help all the addicted people within the community to kick of the addiction. Develop personal skills: Development of personal skills is important as people feels more control over their lives. This can empower a person as they can feel that they are empowered enough to not to be dependent over alcohol, tobacco drugs or any substance. Reorient health service: Reorientation of the health care is an important approach as reorienting health service needs that the nurses have an important role in collaboration between the different stakeholders (McPhail-Bell, Fredericks, Brough, 2013). When they are partnered with the other healthcare providers, the nurses can encourage the positive health practices. From a perspective of health promotion, developing health literacy is the most important part of the health promotion. A person should develop certain knowledge and skills to manage its influence over substance abuse rather than about lifestyle marketing. The prevention programs should focus on disrupting the harmful pattern of the use of drugs ande alcohol. The intervention programs should empower the patients to select their own goals, which would meet their individual need. The focus of the health promotion should be the development of capacity in bothindividual and community level. Building a proper health policy is important, rather than on fixing the problems. References: Ayo, N. (2012). Understanding health promotion in a neoliberal climate and the making of health conscious citizens.Critical public health,22(1), 99-105. Benavides-Vaello, S., Strode, A., Sheeran, B. C. (2013). Using technology in the delivery of mental health and substance abuse treatment in rural communities: a review.The journal of behavioral health services research,40(1), 111-120. Bennadi, D. (2013). Self-medication: A current challenge.Journal of basic and clinical pharmacy,5(1), 19. Drewitz-Chesney, C. (2012). Posttraumatic stress disorder among paramedics: exploring a new solution with occupational health nurses using the Ottawa Charter as a framework.Workplace health safety,60(6), 257-263. Eldredge, L. K. B., Markham, C. M., Ruiter, R. A., Kok, G., Parcel, G. S. (2016).Planning health promotion programs: an intervention mapping approach. John Wiley Sons. Herrman, H. (2012). Promoting mental health and resilience after a disaster.Journal of Experimental Clinical Medicine,4(2), 82-87. Kania, A., Patel, A. B., Roy, A., Yelland, G. S., Verhoef, M. J. (2012). Capturing the complexity of evaluations of health promotion interventions: a scoping review.The Canadian Journal of Program Evaluation,27(1), 65. Lives of Substance - personal stories of addiction. (2017). Lives of Substance. Retrieved 14 November 2017, from https://www.livesofsubstance.org Loss, J., Lindacher, V., Curbach, J. (2014). Online social networking sitesa novel setting for health promotion?.Health place,26, 161-170. McPhail-Bell, K., Fredericks, B., Brough, M. (2013). Beyond the accolades: a postcolonial critique of the foundations of the Ottawa Charter.Global health promotion,20(2), 22-29. Neiger, B. L., Thackeray, R., Van Wagenen, S. A., Hanson, C. L., West, J. H., Barnes, M. D., Fagen, M. C. (2012). Use of social media in health promotion: purposes, key performance indicators, and evaluation metrics.Health promotion practice,13(2), 159-164. Onnela, A. M., Vuokila?Oikkonen, P., Hurtig, T., Ebeling, H. (2014). Mental health promotion in comprehensive schools.Journal of psychiatric and mental health nursing,21(7), 618-627. Roden, J., Jarvis, L. (2012). Evaluation of the health promotion activities of paediatric nurses: Is the Ottawa Charter for Health Promotion a useful framework?.Contemporary nurse,41(2), 271-284. Soubhi, H., Potvin, L. (2010). Health Promotion Settings.Settings for health promotion: Linking theory and practice, 44. Stafford, J., Allsop, S., Daube, M. (2014). From evidence to action: health promotion and alcohol.Health promotion journal of Australia,25(1), 8-13. Whitelaw, S., Baxendale, A., Bryce, C., MacHardy, L., Young, I., Witney, E. (2001). Settings based health promotion: a review.Health promotion international,16(4), 339-353. Woodall, J. R., Warwick-Booth, L., Cross, R. (2012). Has empowerment lost its power?.Health education research,27(4), 742-745.