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English Descriptive Essay Samples
Thursday, September 3, 2020
My Life Journey Sandra Reynaga free essay sample
My name is Sandra Reengage Im twenty seven years of age, Im a mother of two marvelous young men that I thoroughly love with all me heart. Im likewise connect with to a magnificent individual that means everything to me. Im initially from Los Angels California; my folks are Mexican with the goal that makes me Mexican American. I originate from a major group of nine kin; Im the second individual in my family to head off to college. I will probably turn into a social specialist and accommodate my family, I need my youngsters to be pleased with me and follow my means that would be my fantasy to see my children attend a university and accomplish their goals.I have a superb family that underpins me on all that I do; I was raise on an exceptionally helpless side of Los Angels California my folks consistently showed us how to be free and buckle down for our objectives throughout everyday life and never surrender. We will compose a custom paper test on My Life Journey: Sandra Reynaga or then again any comparable point explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page At the point when I was youthful my folks gave my kin and I visit addresses about the significance of determination. What amazed me as a grown-up was the amount they experienced their never surrender message toward us, when we required them the most. Furthermore, that is a similar genuine model I need for my children to follow.I will currently proceed onward and proceed with an amazing excursion. Im an exceptionally straightforward lady I state basic since I dont request a lot of just for what I buckle down for and accomplish with my difficult work and exertion. Im as of now an understudy at Fresno City College Im concentrating to turn into a social laborer. During my time without school, I had made It my objective to return to class and addition as much information on my friends and follow my objective. The beginning of school came; I was anxious yet with this anxiety came a staggering feeling of fervor and interest that was longing to be explored.College Is tied in with learning in the study hall, yet additionally learning outside the homeroom. The motivation behind why I chose to go to school Is a result of such huge numbers of reasons one of them Is for my family I need to have the option to accommodate them. I need a superior future and setting off for college Is a great approach, Its quite important. Additionally my sweetheart aides and supports me with all that he generally gives me extraordinary help Im so blessed to have him In my life. Since I have Introduced myself and said some portion of my life Journey.I will center and gain from your insight that you will present to us In class. I will likewise attempt to finish this errand by cutoff time and acquire passing marks. I realize It wont be a simple fight, yet I sure realize that each and every second of me reading for another vocation In my fife would be completely justified, despite all the trouble. With the help, and love that my family gives me and confidence the sky is the limit I see myself as a contender and a survivor, I realize Ill be alright and triumph through this Journey has Just began.My Life Journey: Sandra Reengage By applicant specialist. During my time without school, I had made it my objective to return to of energy and interest that was longing to be investigated. School isn't just about chosen to go to school is a result of such a significant number of reasons one of them is for my family I need to have the option to accommodate them. I need a superior future and heading off to college is a partner decent approach, its entirely significant. Additionally my beau aides and supports me in my life.Now that I have presented myself and said some portion of my life Journey. I will center and gain from your insight that you will present to us in class. I will likewise try to finish this undertaking by cutoff time and gain passing marks. I realize it wont be a simple fight, yet I sure realize that each and every second of me reading for another vocation in my life would be totally justified, despite all the trouble. With the help, and love that my family gives me and confidence the sky is the limit I view myself as a warrior and a survivor.
Saturday, August 22, 2020
Free Essays on T.S. Eliot
T. S. Eliot is, to many, simply one more name heard, yet never genuinely thought about. For a chosen few, he is viewed as one of the most compelling essayists of the twentieth century and ââ¬Å"theâ⬠pioneer artist and pundit ever. T. S. Eliot had a couple of select impacts throughout his life that helped him and pushed him to compose the two his sonnets and his plays. Thomas Sterns Eliot had a couple of significant impacts throughout his life. T. S. Eliot was conceived in Missouri. Living in St. Louis for a long time of his life. He likewise went to Harvard while he was here. He moved to Sorbornne, having just earned both undergrad and experts degrees. He left Paris following a year and came back to Harvard to get a doctorate in theory, yet then left again in 1914 back to Europe where he settled in England. In 1915 he wedded Vivienne Haigh-Wood. He additionally met Ezra Pound, one of only a handful scarcely any significant impacts throughout his life. At the point when Pound saw a portion of his compositions she quickly realized that he had ability. She helped in his distributing on his absolute first book of sonnets, which incorporate ââ¬Å"The Love Song of J. Alfred Prufrockâ⬠. His new spouse undermined him for a brief period, and she deteriorated genuinely and inwardly. Eliot kept on battling to help himself and his wifeââ¬â¢s disinteg rating condition. In 1919, Eliotââ¬â¢s father kicked the bucket, leaving Eliot without the opportunity to make directly past clashes about his union with Vivienne. In 1921 Eliot had a mental meltdown and accepted doctors exhortation to take three months off for rest. During this three months, Eliot finished a sonnet he had been taking a shot at since 1919. Scofield Thayer, a companion from his Harvard days, had at this point become the editorial manager of Dial, a magazine of the time. Thayer granted Eliot with the yearly prize that the magazine gave of 2,000 dollars and to have an article composed by one of the more compelling authors of the magazine, Edmund Wilson. In 1923, Vivienne almost kicked the bucket, which drove Eliot a... Free Essays on T.S. Eliot Free Essays on T.S. Eliot T. S. Eliot is, to many, simply one more name heard, however never really thought about. For a chosen few, he is viewed as one of the most persuasive journalists of the twentieth century and ââ¬Å"theâ⬠innovator artist and pundit ever. T. S. Eliot had a couple of select impacts throughout his life that helped him and pushed him to compose the two his sonnets and his plays. Thomas Sterns Eliot had a couple of significant impacts throughout his life. T. S. Eliot was conceived in Missouri. Living in St. Louis for a long time of his life. He likewise went to Harvard while he was here. He moved to Sorbornne, having just earned both undergrad and bosses degrees. He left Paris following a year and came back to Harvard to get a doctorate in theory, however then left again in 1914 back to Europe where he settled in England. In 1915 he wedded Vivienne Haigh-Wood. He additionally met Ezra Pound, one of only a handful hardly any significant impacts throughout his life. At the point when Pound saw a portion of his compositions she quickly realized that he had ability. She helped in his distributing on his absolute first book of sonnets, which incorporate ââ¬Å"The Love Song of J. Alfred Prufrockâ⬠. His new spouse undermined him for a brief period, and she deteriorated genuinely and inwardly. Eliot kept on battling to help himself and his wifeââ¬â¢s weakeni ng condition. In 1919, Eliotââ¬â¢s father passed on, leaving Eliot without the opportunity to make directly past clashes about his union with Vivienne. In 1921 Eliot had a mental meltdown and accepted doctors exhortation to take three months off for rest. During this three months, Eliot finished a sonnet he had been dealing with since 1919. Scofield Thayer, a companion from his Harvard days, had at this point become the supervisor of Dial, a magazine of the time. Thayer granted Eliot with the yearly prize that the magazine gave of 2,000 dollars and to have an article composed by one of the more compelling authors of the magazine, Edmund Wilson. In 1923, Vivienne almost kicked the bucket, which drove Eliot a...
Friday, August 21, 2020
Essay on Pay Equity; Age Discrimination free essay sample
According to Age Discrimination in Employment Act in 1967, it is unlawful for a business with in excess of 20 representatives to segregate the workers beyond 40 years old dependent on age. A solid 6400 workforce of Allstate Insurance Company recorded an age separation claim against the companyââ¬â¢s choice to move them from worker to self employed entities in the wake of serving the organization for around 20 years. (Allstate specialists despite everything battling contractual worker status). This was done to dispose of these elderly individuals from the organization and disregarding in the process ââ¬Å"federal benefits security, age separation and other laws.â⬠(Allstate specialists despite everything battling temporary worker status). The segregation factor turned out to be increasingly conspicuous when these representatives turned contractual workers were approached to sign a discharge that they won't have the option to sue the organization on any past separation. It is dismal to such an extent that a portion of these individuals had only scarcely any days left for fruition of 20 years administration, after which they can guarantee for early retirement choices. We will compose a custom exposition test on Exposition on Pay Equity; Age Discrimination or then again any comparative theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page The article shows the vulnerability of the elderly individuals working in US workforce. Larger part of operators had to sign the arrangement as they that they had almost no choices in the event that they need to keep on gaining with the organization and get by. This is only one of the great instances of a situation where a gigantic workforce was chopped down dependent on age, however not based on execution. Despite the fact that the organization attorney Richard Godfrey has asserted that their advantage has been cared for, a contractual worker and a casualty of the above conditions Scott M has remarked that whatever the insurance agency has guaranteed is a finished untruth. He has grumbled that the organization has completely destroyed 21 years of his administration life (Allstate operators despite everything battling temporary worker status). à à Works Cited 1)â â â â â Allstate operators despite everything battling temporary worker status: on March 23, 2009, in the site of Chicagobusiness.: 29th March, 2009 : http://www.chicagobusiness.com/cgi-canister/news.pl?id=33427
Thursday, June 18, 2020
College Board and the SAT
College Board and the SAT June 1, 2012 The College Boards summer SAT pilot testing fiasco needs to be addressed by the company. Have you read about The College Board and the SAT scandal? The College Board has received quite a bit of bad press for their summer SAT exam for rich kids. If we had a hand in contributing to that bad press, then were quite proud of that. What was The College Board thinking running a pilot test of a summer administration of the SAT for an exclusive group of students who could afford to go to a fancy summer program at Amherst College? Do they have no one working in their PR department? Is the CEO of Netflix, Reed Hastings, Jr., also running The College Board? Its just utter stupidity. Rich kids arent a random sample. Why would any one run a pilot test on a sample that isnt random? What kind of scientific approach to testing is this? Or are they just trying to throw things at the board to see what sticks? Whose decision was this at The College Board? Who is going to step up and take responsibility? In years past, there have been allegations that the SAT exam is racist and many continue to argue that it caters to the economically advantaged. After all, with great tutoring, students boost their SAT scores. So youd think The College Board would have thought twice before they decided to run this pilot test at a summer program that costs $4,500 to attend. Maybe they could have run pilot tests in New York City public schools. Now that would have been great PR! But The College Board didnt think of that. The College Board brought this negative publicity on themselves for not thinking through the consequences of their actions. The press is now all over this story and its not going to go away until The College Board does something to address it. Silence isnt the answer here. Theyve got to own their mistake and either stop this pilot test or make the summer SAT exam available to all.
Monday, May 18, 2020
Slavery A Rough Draft - 1315 Words
Michael Gaudioso Mr. Alexander Freshman Theology Honors 28 October 2014 SLAVERY IN CHURCH ESSAY ROUGH DRAFT When we think of the word slavery, extremely negative connotations to mind. We think of how millions of African people were rounded up like sheep, stuffed into boats with horrible conditions, and brought to this country where they were treated as lesser people. They were forced to work without pay, in one of the most unforgiving occupations, farming. All this because of where they were from and the color of their skin. Despite this, many people actually defended slavery using the bible. Passages such as St. Paulââ¬â¢s Letter to the Colossians approves slaves where he writes, ââ¬Å"Slaves, obey your human master in everything, not only when being watched, as currying favor, but in simplicity of heart, fearing the Lord.â⬠However, due to the inhumanity of slavery, during Vatican II the Church reversed its ideas on slavery. This massive change took place more than 80 years after the end of reconstruction. This long period of time raises many questions regarding the Churc h s ability to make that big of a change, and why the Church waited so long make those changes. These types of questions can be answered by going back into the bible, and into the Churchââ¬â¢s history through a process called Biblical criticism. The process of Biblical Criticism is when a theologian analyzes a passage of scripture in terms of the time and place of its writing. This process is useful whenShow MoreRelatedAfter the Fact: Declaring Independence Essay1549 Words à |à 7 Pagesexpectations for the colonies to separate. The decision became fixed; Congress appointed a five person committee composed of Jefferson, John Adams, Benjamin Franklin, Roger Sherman and Robert Livingston to draft a document declaring independence. 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SomeRead MoreSchool Should Be More Patriotic1482 Words à |à 6 PagesRough Draft There s nothing wrong with loving your country, but how far could this love go in the classroom? The United States isn t perfect, no one really expects it to be. When teachers teach about the US not so flattering history, it s not to inspire hatred, but to learn from previous mistakes and to not repeat them. Everyoneââ¬â¢s definitions of patriotism is different. If by patriotism, having unwavering support for the principles by which this country was founded upon Life, Liberty, and theRead MoreNative American in the Civial War1380 Words à |à 6 PagesJoel Fernando 11-11-08 HIST-281 WI Research Paper Rough Draft Native Americans in the Civil War The American Civil War was fought between the Unions, from the northern region of America, and the Confederacy, from the southern region of America. A war that was started because of slavery and fought between western europeans and incidentally people who live on the land such as Native American. The battles fought were all over the land in America. So, if a territory was on the land, then the peopleRead MoreThe Legacy Of Abraham Lincoln1036 Words à |à 5 PagesSpencer Hyde Mrs. Salas English 8 4 December, 2015 Abraham Lincoln Research Paper Rough Draft One of the most revered men in US history was Abraham Lincoln. Everything he did throughout his life helped shape our country. He tirelessly worked to purge the country of slavery. He showed the country the importance of remembering those that died for our freedom. He never thought about himself, he always thought of others. Abraham Lincoln helped change America forever. When you look at Abraham LincolnsRead More Thomas Jefferson Essay1185 Words à |à 5 Pagesdrafted a bill for establishing religious freedom in 1777. When it was enacted in 1786, it firmly established the separation of church and state and provided the basis for the First Amendments clause on religion. amp;#9;...War is Peace, Freedom is Slavery, Ignorance is Strength. The First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably toRead MoreImproving The Quality Of Life On A Global Standard957 Words à |à 4 Pagesawareness on the crisis. Though I reserve to reveal the full story board of the flash mob for secrecy purposes, we are contacting the VCU music department as a hopeful helper in the process. Furthermore, I was asked to create a rough draft logo and tag line for sex slavery awareness. Though I do not have much marketing experience, I applied my best knowledge with the help of a few advertising major friends of mine to create a logo to the best of my abilities. As the summer and internship continues
Wednesday, May 6, 2020
The Un Founding Principles - 1222 Words
Recommiting the UN to its Founding Principles William Andel Hello, everyone. I am William Andel, representing the United States of America on a important matter. Many people feel the need for a change. This is not just a simple change,either; it is an international change. Everywhere in the world, people are ravaged by war and suffering. Everyone would like to snuff that out, Iââ¬â¢m sure, but the UN is at the forefront of this change. Why have we ignored the countries that have reached out to help? People have ignored the cries of the weak, innocent, and forgotten for too long. We have a civil and moral duty to not let these cries go unheard. Who are we, if not the peacekeepers of the world? What are we, if not a body of nations, workingâ⬠¦show more contentâ⬠¦Quoting Clinton from October 1, 2012: ââ¬Å"These challengers don t respect international orders, whether it s a global financial crisis or climate change or transnational crime. And none of these problems can be solved by three or four big countries sitting around the table. We need partnerships from large and small nations alike.â⬠Further showing the desperate changes that need to be implemented, current Secretary of State John Kerry commented: ââ¬Å"We all have a responsibility, a universally endowed responsibility, to ensure that a history of violence is not going to be followed by a future of vengeance. The only way to properly honor the millions of lives lost is through peace, and the only way to achieve that peace is for the United Nations... and all of the countries with the capacity to step up and help show the way forward.â⬠And these comments are justified. With Kerryââ¬â¢s perspective in mind, we need to strive for peace. Not just peace, either, but security of peace. Peace means nothing if the world doesnââ¬â¢t have a secure era of peace and justice for all humans, not just the ones that are privileged. Now the US has policies to keep the foreign adversaries of human rights in check, such as: Holding governments accountable to their obligations under universal human rights norms and international human rights instruments. Promoting greater respect for human rights, including freedom from torture, freedom of expression, press freedom, women s rights,
Electric Light and Power Supply Corporation Limited
Question: Discuss about the Electric Light and Power Supply Corporation Limited. Answer: Introduction The legal notion and definition of a company has undergo tremendous change with time as modifications have been made to both legislative and judicial definition of a company. In the judicial interpretation of a company and the following statutes, one case that manages to stand out is the Saloman v Saloman Co Ltd 1897 AC 22 (hl). This case can be considered as the founder of the modern company law as it established one of the central tenets which resolve about the limited liability of the company which is essentially a separate legal entity different from the underlying owners. Before reflecting on the key principles identified in the Solomon case, it is worthwhile to revisit some relevant facts of this historic case (Forji, 2007). Aron Solomon operated his merchant business under the sole proprietor business structure and dealt with leather boots manufacturing. Since, his son took keen interest in the business, he changed the business structure to a limited company which was named Salomon Co. Ltd. At the time, a limited company required atleast seven members or shareholders. As a result, Solomon formed a company with a total of 20,007 shares out of which 20,001 were owned by Solomon and the remaining six shareholders (i.e. his spouse and children) held one share each. The business was sold for a consideration of 39,000 which included a debt payable to Solomon to the tune of 10,000. Thus, this represented an interesting situation where the main shareholder also was acting as the primary creditor.The liquidators later argued that the underlying debentures issued to secure the debt were not valid and hence Solomon was accused of committing a fraud (Cassidy, 2007). The matter landed in court with the court ruling that company creation was to facilitate business transfer only and hence it is an agent for the principal (Solomon), thus holding him liable to pay the outstanding debt of unsecured creditors. The Court of Appeal (CoA) also endorsed the stance taken by the court advocating that company structure was only a means to ensure business activities could be conducted while ensuring protection under limited liability clause available under a company(Harris, 2014).. But the decision taken by the CoA was quashed by the House of Lords which reflected on the literal interpretation of 1862 Companies Act and opined that the act does not have any condition for the minority shareholders and the majority shareholders to be independent of each other(Harris, 2015). Further, it was also opined that judges should not reflect upon the statute limitations and instead implement the same in their existing form. Thus, this verdict in the Solomon case clearly es tablished that the corresponding rights and obligations for members in respect of shares is limited to only the profit share and investment of capital respectively (Parker et. al., 2012). Doctrine Of Seperate Legal Entity It is apparent from the above case verdict that one central tenet that this case developed was that the company needs to be considered as a separate legal which is distinguished from the owners or shareholders and thus particular rule has stood the test of time and in relation to the Anglo-Saxon courts continues till the present day. Since the company is an independent entity, hence for the various actions and decision, only it would be held responsible and not the corresponding agents. This has been highlighted in the Gas Lighting Improvement Co Ltd v Inland Revenue Commissioners [1923] AC 723where Lord Sumner delivered the following commentary (Baxt, Fletcher Friedman, 2008). Between the investor, who participates as a shareholder, and the undertaking carried on, the law interposes another person, real though artificial, the company itself, and the business carried on is the business of that company, and the capital employed is its capital and not in either case the business or the capital of the shareholders. Assuming, of course, that the company is duly formed and is not a shamthe idea that it is mere machinery for affecting the purposes of the shareholders is a laymans fallacy. It is a figure of speech, which cannot alter the legal aspect of the facts. A case in the Australian context which reaffirms the above principle is the MacLaine Watson Co Ltd v Department of Trade and Industry [1989] 3 All ER 523 case in which it was opined that a key aspect which has contributed to the creation of logical symmetry in industrial feudalism is that the various industrial enterprises need to be treated as legal entities akin to individuals. This principle has immense support both from the legislators but also from the judges in various nations that follow the Anglo-Saxon system (Australia being one of them). Consequently, this principle has been explicitly outlined in Corporations Act 2001 in the Section 124 and thus providing it statutory backing. Further, even since the Solomon case, this particular doctrine has received quite an immense support from the judges based on Australian and UK who tend to apply this quite widely (Cassidy, 2013). Another doctrine established by this case is that the liabilities of shareholders in accordance with common law is limited to the only the capital investment made initially and thus these must not be held liable for any debts outstanding or defaulted by the company. This principle has been endorsed in the The King v Portus; ex parte Federated Clerks Union of Australia [1949] HCA 53; 79 CLR 428case where the judge opined that the as the company and the owners are two different entities and hence the obligations arising from the actions taken on the name of the company would have to be directly borne by the company only and not be the shareholders or employees (Li and Riley, 2009). Theoretical Basis Seperate Legal Entity Considering the wide application and popularity of the personification of the company, it makes sense to critically analyze the theoretical and practical basis for the same which hints at the underlying usefulness of this concept. The various theories dealing with corporate entity tend to extend the need that companies must be given artificial personality for practical reasons. The concession theorists opine that the state has given a privilege in the form of corporate personality which tends to enhance the overall convenience in business and legal terms (Pathinayake. 2014). The contractarian viewpoint in this regard debates that there is a reduction in transaction costs brought about by the corporation law as the underlying corporate charter tends to provide for all those rights which a reasonable shareholder would insist on. This understanding forms the very basis of corporate law and is endorsed by various aggregate theorists, Together these theorists are extremely appreciative of the critical part that the Salomon principle plays in identification of corporation as a legal entity and thus providing it with the power to enter into contractual relationship with the outsiders for the performance of business activities (Forji, 2007). Practical Basis Seperate Legal Entity The utility of the Solomon principle is not limited to the theoretical underpinnings but is equally endorsed by the practitioners of the corporate law. It is imperative that providing the company a legal entity and distinguishing the same from the shareholders serves a crucial function of ensuring the business is not constructed around human beings(Cirto Symes, 2013). The main reason for this that the duration of the human being typically is limited and short unlike that of the organizations which are potentially set up to survive till eternity and thus are permanent in nature. In line with s. 124, a company is essentially an artificial person and thus the underlying form is metaphysical and not physical (Parker et. al., 2012). Further, law has also permitted the company to perform various functions that an individual could have performed such as entering into contracts, taking loans and being responsible to the various parties for the conduct. The only difference is that while an i ndividual can perform the above functions on his/her own while the same is not feasible for a company which takes and enacts decisions through the agents which refer to the management and employees (Lipton, 2015). The various powers of the company along with the relevant cases are as listed below (Forji, 2007). Power to sue a particular party and to be sued by other (Foss v Harbottle (1843) 67 ER 189) Continuous and perpetual succession for the corporation (Regal (Hastings) Ltd v Gulliver [1942] UKHL 1) Power to execute contracts with various parties (Macaura v Northern Assurance Co Ltd. [1925] AC 619) Additionally, limited liability upheld through Solomon principle ensures the minimization of costs associated with control and ownership separation. This is because under the limited liability of shareholders and stakeholders, there is a reduced need to monitor the various shareholders along with the management. Also, the transfer of shares in the entity facilitated by limited liability tends to act as an potent management incentive for improving upon their performance. Further, through the aegis of limited liability, shares become tradable and marketable which owing to increased trading and corresponding market transactions leads to better information sharing about the financial performance and corporate decision making. Besides, diversification of share holdings is also made possible through limited liability (Lipton, 2015). Criticism Exceptions Seperate Legal Entity While the above discussion highlights the utility of the Solomon principles in reality, however, the verdict also has faced criticism from various quarters. In wake of these concerns, it is imperative that the Solomon principle need not be applied rigidly but with enough flexibility so as not to shield the parties with wrong intentions. If the legal personification of company is applied without taking into consideration the case facts and the underlying intent of the shareholders, it is quite possible that the demerits of this clause may outweigh the various merits identified above. As a result, in limited circumstances the courts tend to keep aside the immunity offered by limited liability and tend to pierce the corporate veil so as to fix the accountability of the actions taken in the name of the company by the relevant shareholders or management personnel (Baxt, Fletcher Fridman, 2008). There are various circumstances in which the Solomon principle may be overlooked. One of these is fraud which takes place in cases when the shareholders take to company formation only as a means to bypass the legal or fiduciary obligations which it already owed to the various parties particularly creditors (Cassidy, 2013). A relevant case in this regard is the Re Edelsten ex parte Donnelly (1998) 18 FCR 434case whereby the court had to decide if corporation formation was prompted with the sole motive of denying payments to the creditors taking the shield of limited liability. The general accepted principle is that higher conspicuousness associated with the sham tends to increase the possibility of the court ruling that there has been fraud. The honorable judge opined the following in this case (Forji, 2007). The argument of fraud is, of course circular. It can only succeed if the argument ofsham succeeds, because if no property was acquired by, or devolved upon, Edelsten, no duty capable of being evaded could arise under the ActThe submission that the VIP Group had been used to perpetrate a fraud was coincident, and stood, or fell, with the submissions which sought to have the transactions, by which the VIP Group acquired property, treated as shams. For separate legal entity principle to be upheld, it is essential that the entity formed as a company should not be a mere agent for the shareholders acting in the capacity of the principal. In such cases, it is quite possible that the corporate veil may be pierced by the court in order to determine the true centre of control. This was the case in Barrow v CSR Ltd in which the court realized that the subsidiary firm was under the complete and direct control of the parent firm and hence lifted the corporate veil. The court argument is summarized below (Forji, 2007). Now, whether one defines all of the above in terms of agency, and in my view it is, or control, or whether one says that there was a proximity between CSR and the employees of ABA, or whether one talks in terms of lifting the corporate veil, the effect is, in my respectful submission, the same. However, there is reluctance on the part of the courts to apply the same in case of small companies as is apparent from the verdict of the Ampol Petroleum Pty Ltd v Findlay case. Besides, where a judicial question is involved to ascertain whether any agency relationship was present or not, the court tend to be a little reluctant in piercing the veil as is apparent from The Electric Light and Power Supply Corporation Limited v Cormack (1911) 11 NSWSR 350 case ( Pathinayake, 2014). Another ground on which the corporate veil may be lifted is with regard to cases where the court is of the opinion the veil lifting would help in bringing about a more fair and just decision as highlighted in the RMS Glazing Pty Ltd v The Proprietors of Strata Plan No 14442 case. Further, veil lifting is also done in cases of group enterprises where it may not be possible to distinguish between the parent firm and the subsidiary as highlighted in the Bluecorp Pty Ltd v ANZ Executors and Trustee Co Ltd (supra) (1995) 18 ACSR 566 case (Lipton, 2015). Conclusion Thus, it may be concluded from the above discussion that the principles laid down in the Solomon case laid the foundation of modern company law and continue to have immense utility even after more than a century has passed away. However, owing the fraudulent use of this principle in order to minimize their liability or to put disproportionate risk burden on the end of the creditors and lenders, it is essential that courts need to maintain a delicate equilibrium so that the shareholders do not indulge in frivolous use of the protection provided. In this regard, it would not be prudent to include this into any statute but rather let the courts decide on the basis of the individual merits of the case. Also, the corporate veil lifting is in a transition stage in most of the Anglo Saxon jurisdictions and it is expected that the English and Australian courts would prove to be an apt harbinger in this regard and lead by example that could be considered as precedents. References Baxt, R., Fletcher, K.L. Fridman, S. (2008). Corporations and Associations Cases and Materials (10th ed.). Butterworths: LexisNexis Australia. Cassidy, J. (2013). Corporations Law Text and Essential Cases (4th ed.). Sydney: Federation Press. Ciro, T. Symes, C. (2013). Corporations Law in Principle (9th ed.). Sydney: LBC Thomson Reuters. Fisher, S. Anderson, C. Dickfos, (2009). Corporations Law - Butterworths Tutorial Series (3rd ed.). Butterworths, Sydney: LexisNexis Australia. Forji, A.G. 2007, The Veil Doctrine in Company Law, LLRX Website, [Online] Available at https://www.llrx.com/2007/09/the-veil-doctrine-in-company-law/ [Accessed April 24, 2017] Harris, J. (2014). Corporations Law (2nd ed.). Sydney: LexisNexis Study Guide. Harris, J., Hargovan, A. Adams, M. (2015). Australian Corporate Law (5th ed.). Melbourne: LexisNexis Butterworths Australia. Li, G. Riley, S. (2009). Applied Corporate Law: A Bilingual Approach (1st ed.). Sydney: LexisNexis Australia. Lipton, P. 2015 The Mythology of Salomons Case and the Law Dealing with the Tort Liabilities of Corporate Groups: An Historical Perspective, Monash University Law Review, Vol. 40 No.2, pp. 452-487 Parker, Clarke, Veljanovski, Posthouwer, (2012). Corporate Law (1st ed.). South Yarra : Palgrave Machmillan Pathinayake, A. (2014). Commercial and Corporations Law (2nd ed.). Sydney :Thomson-Reuters. Bluecorp Pty Ltd v ANZ Executors and Trustee Co Ltd (supra) (1995) 18 ACSR 566 Foss v Harbottle (1843) 67 ER 189 Gas Lighting Improvement Co Ltd v Inland Revenue Commissioners [1923] AC 723 Macaura v Northern Assurance Co Ltd. [1925] AC 619 MacLaine Watson Co Ltd v Department of Trade and Industry [1989] 3 All ER 523 Re Edelsten ex parte Donnelly (1998) 18 FCR 434 Regal (Hastings) Ltd v Gulliver [1942] UKHL 1 RMS Glazing Pty Ltd v The Proprietors of Strata Plan No 14442 Saloman v Saloman Co Ltd 1897 ac 22 (hl) The Electric Light and Power Supply Corporation Limited v Cormack (1911) 11 NSWSR 350 The King v Portus; ex parte Federated Clerks Union of Australia [1949] HCA 53; 79 CLR 428
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