Marriage Between a Man and a Woman Free Essays

A conventional marriage is a legitimate agreement between a man and a lady. Going into a marriage contract changes the legitimate status of the two individuals giving a couple new rights and commitments (The Free Dictionary). A marriage as per Webster word reference is the inverse being joined lawfully, the express what two individuals of a similar sex combine same as that of a conventional marriage. We will compose a custom paper test on Marriage Between a Man and a Woman or on the other hand any comparative point just for you Request Now Is it since it is put in the word reference that a marriage can be between two individuals of a similar sex it is alright. Individuals would believe that since that since two individuals of a similar sex that are infatuated they reserve a privilege to be hitched. Notwithstanding, many accept that marriage should just stay between a man and a lady. In the event that the U. S. doesn’t permit same sex relationships there would be a resistance on the grounds that because of the social equality of the gay people. Individuals look at homosexuality as a transgression. Others don’t have a strict conviction and feel that it is ignoring them of their established rights. It will debilitate the customary family. Others state since gay people can’t reproduce, the reception rate will increment and will have a more grounded family esteem not founded on a sexual way of life. Homosexuality is an unfortunate way of life causes early passings. The gay way of life is acknowledged in many spots. It could cause an episode of numerous different things, for example, having various spouses or damaging articles. It could debilitate the meaning of marriage. The vast majority imagine that the main thing that should matter in marriage is love. The constitution states in the first revision that we have the opportunity of religion, discourse, press, gathering, and to appeal to the administration. Many imagine that in the event that we place a law on relationships we will drive religion on the individuals who accept extraordinary. Be that as it may, homosexuality is a wrongdoing against God. On the off chance that God needed men to be with people to be with ladies he would have made Adam and Steve in stead of Adam and Eve. Additionally he would have made another path generation to occur rather than infiltration of a male into a female. Numerous individuals state that they were brought into the world gay and can’t change that. Regardless of whether they needed to transform they are anxious about the possibility that that on the off chance that they leave they won’t be acknowledged in different associations. Some imagine that gay relationships debilitate the conventional family and increment the danger of STD’s. The pointless way of life of one individual by having intercourse with various accomplices cause individuals to have less trust which could cause less relationships or more separations. In the event that gay relationships were permitted there would be a great deal of relationships of a similar sex since companions need to get a good deal on their expenses. Numerous individuals state that on the off chance that the gay people were permitted to wed, at that point the STD rate could diminish. Additionally we need to support a way of life of association and individuals to construct lives respectively. Presently numerous spots acknowledge gay people as a customary marriage. Relatively few consider it to be off-base, frightful, or undesirable; they see the open friendship and grasp it. Not realizing that the way of life might slaughter them. Numerous don’t realize that gay relations aren’t just genuinely undesirable. However, gay relations are intellectually and genuinely unfortunate. An examination shows that 78% of male homo-sexual relations last under three years and 12 % last under five years. Most men are miserable in the connections. They are multiple times bound to attempt to end it all. Evelyn Hooker says that gay people have a similar wellbeing hazard that hetero guys have (APA Online). The idea that gay guys have a psychological issue and are maladjusted made her think. At the point when tried the guys found that there was no contrast between the two. On the off chance that gay relationships were permitted there would be an up ascent of individuals needing to wed various individuals or individuals need to wed an item. On the off chance that the up rise happened there might be a disobedience in light of the fact that the law would not go for them to do the craziest things. Permitting gay people to wed it would debilitate the meaning of marriage. It would make marriage resemble a joke. The fundamental explanation individuals get hitched is on the grounds that they love each other not knowing the duties that accompany being hitched. On the off chance that marriage were intended to between the equivalent genders, there wouldn’t be a need to shroud the way that they love each other. Marriage ought to stay between a man and a lady with the goal that the meaning of marriage can remain reinforced, the world won’t go to elimination, thus we can live sound ways of life. ? Work Cited †¢Helium/October 14, 2009/Marriage ought to be a hallowed establishment between just a lady and a man †¢BalancedPolitics. organization/October 14, 2009/Should Same-Sex Marriages be Legalized? †¢The free word reference/October 14, 2009/Traditional Marriage †¢Webster Dictionary on the web/October 14, 2009/Marriage †¢Exodus worldwide partnership/October 14, 2009/Is Homosexuality Healthy? Step by step instructions to refer to Marriage Between a Man and a Woman, Papers

Purpose Of The External Audit Report Accounting Essay

Reason for The External Audit Report Accounting Essay This task will remember a conversation for the view of the outer review report, a clarification how and why wording in the outside review report has advanced, just as a clarification and conversation on the IAASBs proposition and a remark on conceivable future turns of events. Motivation behind the outside review report When managing the motivation behind the outside review report it comes down to who is being posed the inquiry as there are numerous recognitions with respect to what precisely the reason really is. The Institute of Chartered Accountants in Australia trust The target of the budget report review is to add believability to administrations fiscal summaries. (The Institute of Chartered Accountants in Australia 2008). They additionally proceed to state how a review permits distinctive client gatherings to feel increasingly certain about an entitys fiscal summaries on the grounds that there is sensible affirmation that a valid and reasonable view is available. (The Institute of Chartered Accountants in Australia 2008) However a few clients of records see things contrastingly Others felt that the evaluator ought give a review conclusion, yet in addition decipher the fiscal summaries in such a way, that the client could assess whether to put resources into the substance (McEnroe Martens, 2001 : 347). Taking a gander at things from one more point the law additionally has a conclusion on the motivation behind evaluators and review reports, in the renowned instance of Kingston Cotton Mills Co. (1896) Lord Justice Lopez expressed An inspector will undoubtedly be a criminologist, or, as was said to move toward his work with doubt, or with an inescapable result that there is something incorrectly. He is a guard dog, not a dog. (Court of Appeal 1896) Basically meaning the review report can never be ensured to have zero blunders. To sum up things an equitable definition that most likely would be acknowledged by a lion's share of gatherings is that the motivation behind an outer review report is to communicate an assessment with respect to whether the data introduced in the fiscal reports mirrors the money related situation of an association at a specific date, subsequently giving sensible confirmation of a valid and reasonable view. Anyway various clients will in all probability consistently see the reason somewhat diversely to one another, evacuating the desires hole is actually quite difficult. Open bookkeeping callings should respond and advance quick enough to keep up to pace with the changing industry and social condition to totally dispose of the hole. (Sherer Turley, 1997) How and why the wording in the outside review report has developed One explanation with regards to why the wording of outer review reports advanced was the way that phrasing in the reports was not constantly deciphered a similar way, existing review reports are misconstrued by numerous perusers (Bailey, Bylinski Shields, 1983: 355) (McEnroe Martens, 2001: 348) The table above shows how the expression present decently was seen in various manners by speculators as well as by inspectors themselves. Despite the fact that there were proposition to have this expression expelled from the review report solid obstruction from the monetary network implied it was never instituted. Phrasing being deciphered contrastingly prompted a data hole and to counter this just as upgrade by and large correspondence among reviewers and budget summary clients, the Cohen commission and Treadway commission made numerous proposals. One proposition which was fruitful and lead to a change was the expansion of a passage clarifying the extent of the review (PCAOB 2011). Another explanation behind change is the arranged worldwide harmonization of guidelines. With the ASB and IAASB anticipating joining U.S GAAS and the International Standards on examining there turned into a need to give more consistency across worldwide outskirts. (Morris Thomas, 2011) One approach to guarantee the wording is more clear and more clear is the new definitions area, The Definitions segment characterizes any terms or articulations that are being presented in a standard just because. (Morris Thomas, 2011: 2) The wording of the outer review report has developed in light of the fact that what is being requested has changed. Clients need more noteworthy lucidity alongside more straightforwardness since more than any other time in recent memory people need a more profound knowledge in to a reviewed firms fiscal summaries, which is most likely an aftereffect of the ongoing money related emergency which hit the worldwide business world with no unmistakable admonitions. (Bussiere Fratzscher 2006) However the trouble lies in discovering financially savvy arrangements which despite everything empower some type of shared characteristic to keep up consistency universally. IAASBs recommendations The IAASB has proposed the consideration of an Auditor Commentary segment. This would help clients of the announcements see more what precisely the evaluator is doing and the procedures he completes to build up a feeling, which means there might be a decrease in the desires hole. Anyway the analysis depends on the evaluators judgment on what is well on the way to be significant, which means various inspectors may arrive at various resolutions, which could thusly prompt contrasts of feeling; this may influence the harmonization of review reports and similarity. Likewise the analysis would be given at the carefulness of the evaluator, which means additional time and exertion would need to go in to each review yet with no additional expense, one may scrutinize the cost viability. Anyway different elements, for example, speculators may profit on the grounds that expanded comprehension may prompt more noteworthy helpfulness with regards to dynamic. An option could be a widespread area cla rifying reviewed budget summaries or the review; despite the fact that no two reviews are actually similar this methodology could even now help create essential comprehension and would likewise facilitate the inspectors errands. One may expect financial specialists and investors would be supportive of the proposition while examiners may not be as satisfied except if charges likewise increment relatively. Another proposition is to evaluate administrations presumptions in an end. An end including the suitability of the going concern presumption and whether material vulnerabilities have been distinguished may help call attention to early issues that should be managed, this could in actuality forestall future sudden money related emergency from happening and may likewise increment fiscal report straightforwardness. Anyway the report ought to be neither excessively hopeful or skeptical. One may likewise expect a decrease in the data hole. Any reasonable person would agree most partners would be supportive of this proposition, aside from administrators obviously. Additionally proposed was an announcement concerning whether any material irregularities between the evaluated budget summaries and other data have been indentified, this may upgrade the report giving a more clear and perhaps an increasingly complete image of a firm and activities. An issue is that not every single future occasion can be anticipated precisely thus an announcement about the nonappearance of material vulnerabilities isn't an assurance, clients may confound this which would enlarge the desires hole. Noticeable position of the examiners assessment and other substance explicit data alongside further recommendations to give straightforwardness were additionally proposed. This may help with regards to exploring through complex budget reports and will likewise help call attention to explicit zones were the evaluators exertion was engaged. A narrowing of the data and desire hole might be the result anyway one could contend changes to the review report alone may not be sufficient and that data outside of articulations likewise needs to improve to give a progressively important change. A potential option could hence be to give legitimate instructive material kept up by the IAASB, it might be said helping clients explore through reports all the more openly in spite of the fact that the difficult which emerges here is a general guide may not be sufficiently explicit. Conceivable future turns of events Clients of fiscal summaries appear to be in understanding that review reports need to improve and invite the way that the IAASB has looked for development I am completely steady of your present activity (Robert Mednick, 2012), anyway not all clients accept the recommendations made are proper we don't concur with the proposition (Roger Harrington, 2012). To sum up certain partners accept the recommendations given would simply prompt a duplication of data gave by supervisors and that the report would get inclined to standard editorial. (WESTWORTH KEMP, 2012) Although they may give more data to support the pass or bomb conclusion there might be potential for expanded review costs. It might be fitting to not make a few parts of the upgrades compulsory and rather incorporate a deliberate component. Additionally any going concern critique ought to be clear and obvious to clients with the goal that remarks are not taken outside of any relevant connection to the subject at hand. Anyway a gre at deal of clients concurred with the proposed changes and with a couple of minor modifications accepted they would be full of feeling, all in all, the recommended enhancements are fitting( ACCA, 2012), so sooner rather than later one may see the recommendations made put in to impact. End To finish up my exploration recommends that review reports need to advance and improve to stay aware of the changing industry and social condition and the IAASBs recommendations are a positive development. In spite of the fact that the recommendations made could have a backwards sway the potential for advantage unfathomably exceeds this. The recommendations focus on various issues, for example, straightforwardness and handiness and have the capacity to be worked globally. Anyway one might be worried by clients misconception remarks which would then extend the desires hole. Word check: 1541 References Diary Article McEnroe Martens, JEM SCM, 2001. Evaluators and Investors Perceptions of the Expectation Gap. American Accounting Association Accounting Horizons, Vol 15 No. 4 , 345-358. Diary Article with two writers Bussiere Fratzscher, MB MF, 2006. T

Coches.com

Coches.com In Madrid, we met the founder and CEO of Coches.com Iñaki Arrola. Coches.com is the leading platform for new cars in Spain and trying to achieve higher goals at the used car market.Iñaki told us in the interview about the business model of Coches.com, about developments of the new and used car markets in Spain, as well as he shared his advices with first time entrepreneurs.Interviewer: Hi. Today we’re in Madrid with Coches. Inaki, who are you and what do you do?Inaki: I always present myself first as a happy husband of my wife and a proud father of three. But now we are speaking about our businesses, but now because we came here to speak about business, I am the founder of Coches.com, and also I am the founder of a small VC in Spain, which is called Vitamin K or Vitamina K in Spanish.Interviewer: What did you do before your started Coches?Inaki: Different things. I used to work in the finance business. I was a trader in European stocks.Interviewer: Let’s talk about the busines s model of Coches. It is a marketplace where you can sell and buy cars. Is there something unique in this business model?Inaki: The differential part is in the new car business. Coches.com has a new car and a used part. The new car one is the one that has the most differential part, because what we do is we make the dealers fight for the user, they have a reverse auction but they know that their prices only appear if they are the best ones. With that the user always gets the best price. It is supposedly not that good for dealers, but dealers get more people interested in their cars. And the used cars is the place where you and me can sell our cars, but especially the dealers pay us subscription fee to advertise their cars, like monthly fee revenue.Interviewer: Can you briefly walk us through how you started and built up the liquidity in this market, and then how you expanded in terms of regions or products?Inaki: It was like a joke, because my father was a going to buy a car and fri end of mine was going to buy the same car. And my father is the kind of guy that fights with everybody in the street, and he has always been a seller, he used to speak with lots of dealers and he tried to get the best price. And my friend was the opposite, there was a big difference between the price that my father was getting for the same car than my friend. What we said was we could do this as an auction, and that’s the way we started only in the new car business. And this was with a small domain, it’s like autodiscount.com, and after that we could buy Coches.com and we could also do that in the used car business.Interviewer: In terms of regions, how do you expand and where are you currently active?Inaki: We’re only based in Spain. We are the leaders in the new cars and we are not the leaders in the used car part. We started with nothing, with no money. What we did at the beginning was only form a business and we got like a strange webpage. And we would start from the beginn ing, and what we did was every time we earned money we invested in people, especially in people that are at our office, and after that trying to acquire users through the webpage.Interviewer: How hard was to acquire the first 50 dealers?Inaki: We made a party when we got the first customer, the first dealer that called us, we were super happy. It was not that hard because Spain in that moment was in a nice mood in the car business, and they didn’t like the internet but they felt we could help them. Especially we didn’t begin in a subscription model, just in a CPA model, so they were happy with that, because they sold cars, they were paid, and they didn’t have a problem with that. The problem was when we changed the model, because Spain was not in a nice economic moment, and we needed them to pay monthly fee amount, and that was the hard part. But we celebrate a lot of things at our office, not only the first 50.Interviewer: I understand how you try to acquire the dealers, and on the other side of the model how did you acquire the first 10,000 or 100,000 individuals that were looking for cars on your platform?Inaki: Well Coches.com is a really SEO page, because the name is Coches, which means cars in Spanish. It has a nice opportunity with that and does not have a problem to acquire users by SEO. But we did different things, we went to the street and we distributed flyers and things, but the most important part came by the SEO.Interviewer: If today you split your traffic coming from different sources, how much is SEO or social currently?Inaki: About 60% is SEO. Social media is 10% or something like that, and the others come from SEN and from direct traffic.Interviewer: Your revenue model. You said you changed your revenue model and the pricing model, how does it work today, and can you briefly describe how you try to differentiate pricing between different dealers?Inaki: Half of our income comes from the dealers who pay monthly fees, and the other half co mes from the brands that want to do specific things, because we have a lot of data from the users who are going to buy a car right now or have been interested in buying in a car some years ago.Interviewer: Do you mean advertising, or…?Inaki: Yeah, for example if you bought a car four years ago you are a target of our brand. For example, they pay us for advertising or for calling them. Sometimes we call them by phone, because they pay us. And of course there’s always banners and those things, but most of the money comes from dealers and brands that is around 80% or something like that. And of course there is insurance money and finance money that should be around 10% of the model.Interviewer: Is this unique that you are using this kind of transactional data and trying to predict when the next purchase will be?Inaki: Yeah. Our competitors don’t work with this, they just have an advertising model and that is good for them.Interviewer: Let’s talk about the corporate strategy. Wh at do you think are the major two or three drivers for creating competitive advantage for Coches?Inaki: I think we only have one, which is trying to think about the user, because our competitors do not think that much about the user, they think more of their client who is the dealer. What I told you before about the model, that we work out the best option, it is supposed not to be something nice for lots of dealers, and we know that that’s a problem sometimes, but we prefer not to work with those dealers, and not forgetting our user, who is the one that is paying the money, even though the service is free for him. I could tell you more things about that, but it’s always focusing on the user.Interviewer: Is it only that you’re try to deliver the cheapest price, or is there some kind of user experience?Inaki: Yeah, of course the user experience is something that we need and we focus a lot on that, but without the product it won’t work, and we are super-crazy with these things. We have very few advertisements on our webpage because we think that users will need to fight with you to try to acquire your product. But without, for example, the reverse auction we think the usability won’t matter.Interviewer: Imagine another competitor from Germany or the UK who would like to enter Spain, because you’re currently only in Spain, would they have some kind of economies of scale that would generate some competitive advantage over you, or do you think it is not important to have an international or global scale in winning this market?Inaki: You can have some knowledge of how your market works, but when you go to a different market the most difficult part is to select the street, because we tend to analyze the internet business, something that is always scaled, but the fact is that sometimes when you don’t understand that you need to go to the street to sell. For example, right now when you to a dealer, he doesn’t have money to pay to all of us, so he needs t o choose. So if you don’t give him some advantage or something that is different, which is not that common in our market, they won’t buy.Interviewer: One question regarding this revenue model. As you said, there is some kind of subscription element, what are the terms? Is it something like monthly or is it annual or what?Inaki: They can pay annually and they have a different price, but most of them pay monthly and they are happy with that. They have an annual contract but we bill them once a month.Interviewer: Because this strategy would be quite good for protecting your business model, because then the switching costs would be higher?Inaki: Yeah, and they can change once a year. But we focus a lot on the user, and we help them buy cars, so we have our customers more happy with that. For example I was speaking before about that, one thing we do is speaking with the users, which is kind of strange for an internet business because you call people. Yes we do because we understand h ow our webpage is working, we ask them if they are buying cars, and when they do what we know is that our business is working and our dealers will pay more for our model.Interviewer: You said that Coches is the market leader for new cars but not for used cars. How hard is it coming from new cars to conquer the market for used cars?Inaki: A lot, especially because in Spain we had a really serious economic problems, and dealers don’t have money for all of us, and when you need to sell your product they tell you I’m only paying for one because I haven’t got money for more than that, and even if you are great, someone is greater than you and they’re not going to pay for that.Interviewer: So basically it is that the market for used cars and new cars in Spain is very concentrated because if the dealers can only pay for one or two service providers…Inaki: I don’t mean that all of them are in this position, but some of them are, especially in the used cars. In the used cars busi ness in Spain it should be around 8,000 dealers or something like that, and probably 25% of them will have money for one, no more.Interviewer: Let’s talk about the market development in Spain for the new and used cars over the last five years. How large is the market, how did it grow, how is the profitability and how do you perceive the future development?Inaki: Something important changed with the economic change. In Spain in 2007 there were 1.5 million new cars sold a years. That has come down to 700,000, to half of it, but in the used cars it has switched. It used to be like one million and now there are like two million. Spain was one of the strangest countries in Europe because we were selling two new cars for every one used car. For example in the UK that’s five used to one new, and we have changed that a lot. And also what happened is that lots of dealers have disappeared. But there is are bigger groups of dealers right now. So we have less clients but more powerful ones. Interviewer: How do you perceive the future for the next two to four years?Inaki: What I would love is cars getting sold on the internet directly, and we could make the transactions for the brands. But that will depend on the economic moment, and on the relationship between dealers and brands. I cannot tell you when that is going to happen, because we have been telling everybody this is going to happen tomorrow and it hasn’t happened for a lot of years. But not only in Spain, in the rest of the world cars don’t get sold on the internet directly, except from Tesla and things like that.Interviewer: Do you think this is mainly driven by the brands being afraid of putting their brands directly on the platform?Inaki: Well the brands need the dealers and they need to have lots of places to sell their cars in the streets. And if they don’t, there could be other models, but right now they’ve got this relationship that is not that easy to break.Interviewer: I think if I were a brand and if were to do this directly on the platform I would cannibalize my dealer network, and then if I annoy them maybe I will lose revenues with them.Inaki: I guess the model in the future will be that brands could show that cars are on the webpages on Coches.com, but the financial part will be if they’re going to show them physically and how. This is probably what they could do, they could deliver cars to your house and to mine, and if we pay some money upfront they can make us a discount if we buy that car. But they need to get away all the dealers, and that for the moment is not that easy.Interviewer: Inaki, we always try to share some insights from entrepreneurs for new first time entrepreneurs so they can become better entrepreneurs. You have a specific learning about building teams, I would like to know your advice for first time entrepreneurs on that.Inaki: I have probably two advices. One is that you should focus on your team. The most important part is that you are not the best one of your team and you need to work with nice people. And the other one is that you don’t need to read a lot of TechCrunch, and probably you can bottstrap your company without a problem. Try to find a product, and if it’s good you’ll make your money.Interviewer: Totally agree. I love bootstrapping as well. Thank you very much Inaki. Next time you’re in Spain and looking for a new car visit Coches.com.Inaki: Thank you.

Love In Pride and Prejudice Novel - Free Essay Example

Sample details Pages: 4 Words: 1069 Downloads: 10 Date added: 2019/05/29 Category Literature Essay Level High school Tags: Pride and Prejudice Essay Did you like this example? Literary essay on Pride and Prejudice All the plot lines of this novel Jane Austen converge to two main characters Elizabeth Bennet and Mr. Darcy. At first, one can get the impression that each of them embodies one of two traits: Mr. Don’t waste time! Our writers will create an original "Love In Pride and Prejudice Novel" essay for you Create order Darcy pride, Elizabeth prejudice against this rich and arrogant man. In fact, each of them is equally inherent in pride and long-term prejudice against each other. However, the central theme of the novel is the theme of getting rid of erroneous judgments, prompted by the first impressions, correcting them through new impressions and vigorous mental work.In her novel, Jane Austen wanted, first of all, to show a reader the relationship between people and to analyze the individual aspects of human psychology. This explains the absence of the verbal portrait of Elizabeth Bennet: the author only mentions that the girl is pretty and charming, but not so beautiful as her older sister. It is much more important for Jane Austen to tell us about her thoughts, feelings, and actions. Elizabeth does not have exceptional musical abilities, poorly understands painting, and constantly demonstrates energy and liveliness of mind instead of sad languor. Discretion and common sense determine her behavior. Lizzie is not capable of love at first sight: the real feeling is born in her heart not as a result of first impressions, but after a long time, as a result of the process of recognition and experience, supported by deep reflections. That is why she is confident in herself and her feelings. Elizabeth strictly adheres to her own views on what are happiness and marriage, considering the guarantee of family happiness not as class and material criteria, but the sincerity of the feelings of future spouses. Pr ide, or more precisely good self-esteem and her fearlessness, is present in every action and every replica of Elizabeth.Mr. Darcy has his own pride. As soon as he appears on the pages of the novel all the characters become aware of the amount of his income 10 000 pounds a year, the enormous amount for that time. Mr. Darcys appearance was not ignored by the author and he is described as a good-looking aristocratic man. Nevertheless, his beauty and charm are admired, while people know about his wealth when he demonstrates pride and arrogance his appearance starts to produce an unpleasant impression. Although he, trying to explain his behavior, speaks of his inability to easily meet people that does not convince Elizabeth. Moreover, almost simultaneously with him, the author presents Wickham, who acts as the antipode of the main character. Hardly having met Elizabeth, he tells her the story of his life, in which Mr. Darcy played the most indecent, in his words, role. Thus, all the circumstances are not in Mr. Darcys favor, and further development of the plot seems unpredictable. The rebuke, which Elizabeth gives Darcy, should, as if , signify the completion of their acquaintance. However, Elizabeths refusal only gives impetus to a new development of their relations. The refusal received by Darcy was not an easy test for his pride. A man of aristocratic upbringing, he did not show his raging feelings. With his restraint, the most natural way of expressing emotions was not direct dialogue but correspondence with his chosen one.The most important elements of the formation of Darcys image are the judgments made about him by other characters. And if at the beginning of the novel these judgments form a negative image of the character, later, from the moment of Elizabeths visit to Pemberley, the opinions of other people about Mr. Darcy help her to get rid of the formed stereotype. She admires the perfect taste of the owner, who managed not to disturb the natural beauty of the landscape. The interior of the house also gives her pleasure not a tasteless luxury, but genuine elegance. The enthusiastic response about Mr. Darcy from his housekeeper becomes another revela tion for Elizabeth. All these external impressions gradually transform the initially hostile attitude of Elizabeth into completely different feelings.As for Mr. Darcy, when Elizabeth appears in his life, a fierce struggle unfolds in his soul. He struggles against his feelings for Elizabeth, realizing that the girls social position does not match his rank. Although, from their conversations, it is clear that the young man has nothing against her, and even at the most provocative Lizzies replicas he responds with polite kindness. In fact, some of Darcys phrases show his feelings. For example, during Elizabeths visit to tte Collins, he reproaches her for being overly attached to her home, and his words reveal a secret desire to take Lizzy out of Longbourn. The proposal he made to Elizabeth shortly after this conversation is the result of a significant concession of his beliefs in favor of the voice of the heart. It is not easy for Mr. Darcy to admit his love, but he is still a proud person, not doubting that any girl will feel happy with his condescension. Love and pride still have equal power over him, and Elizabeths accusation that he did not explain himself in the way that a noble man should wound him no less than the girls refusal. Indeed, Mr. Darcy considered himself a true aristocrat, and it was the class prejudices that prevented him from giving vent to his feelings. From this moment, the better me of Mr. Darcy begins to struggle with his pride. By doing good things, he makes Elizabeth to change her opinion about him and decides to talk to her again abo ut his feelings. During this explanation, both characters admit their mistakes.Throughout the novel, the development of Elizabeths feelings for Mr. Darcy is shown in all complexity and contradiction: from dislike to doubts, then, to regret about her judgments about him, and finally, to admiration. By the end of the book Elizabeth becomes not only happy but also wise: now she is more circumspect and understands that one cannot rely either on first impressions or on public opinion because everyone looks at things differently. The path of Mr. Darcy towards Elizabeth is the path of getting rid of prejudices and arrogance, the path from vanity and pride to a self-critical reassessment of ones character. Thus, from a lot of observations and meetings, a new image of each other is gradually emerging in the souls of Elizabeth and Darcy. Finally, love replaced pride and prejudice.

The Cold War was the perpetual rivalry that took place...

The Cold War was the perpetual rivalry that took place between the Soviet Union and The United States. The war was called the Cold War because no direct fighting took place between America and Russia. Instead, it was a war of words and threats. It was an ideological war based on ideas of communism and capitalism. The war never fully escalated because both powers knew that use of nuclear weapons would be disastrous, although, there was a nuclear arms escalation between both sides. The Truman Doctrine stated that it was America’s responsibility to contain communism. I think America should not have got involved in a war against communism and neither should China and Russia have rallied against democracy. One of the main causes that led to†¦show more content†¦Many political leaders of that time believed in the Domino theory, in which if you let one country fall to communism, others would follow soon after. Many years of good economic and political relations as well as m any lives were lost on both sides. After the U.S. and the allies won the war in Europe, they began to rebuild Europe with billions of American dollars. The Cold War’s effect on Berlin kept people in East Berlin and Russia in the dark about countries and the world outside because their radio transmissions were blocked. People could not go from East Berlin to West Berlin without being shot. Free people were not trying to break into communist countries, but many oppressed people tried to get through them and the Berlin Wall, losing their lives doing it. The height of the Cold War seemed to be when the Soviet Union put offensive nuclear weapons 90 miles from U.S. shores. Another Cold War incident was the Tu-95 Russian bombing in which they entered American airspace to intimidate us. They were quickly escorted out of our airspace by U.S. fighter interceptor jets. Having studied some of the causes of the war, I believe America should not have engaged in this foreign affair. This wa s an example of American imperialism, whereas the United States was trying to influence democracy behind our own soil elsewhere in the world. The United States had good intentions, however, supporting democracies withShow MoreRelatedA View from the Bridge: Story of a Brooklyn Longshoreman6101 Words   |  25 PagesArthur Miller first heard the story of a Brooklyn longshoreman that would become the basis for his play, A View from the Bridge in 1947. He would not write it until 1955, when it was produced on Broadway as a simple, unadorned one-act. Miller would then develop and expand it into a full-length production with director Peter Brook in London in 1956. 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Rocket Engines One of the most amazing endeavors man has ever undertaken is the exploration of space. A big part of the amazement is the complexity. Space exploration is complicated because there are so many interesting problems to solve and obstacles to overcome. You have things like: The vacuum of space Heat management problems The difficulty of re-entry Orbital mechanics Micrometeorites and space debris Cosmic and solar radiation Restroom facilities in a weightless environment And so on... But the biggest problem of all is harnessing enough energy simply to get a spaceship off the ground. That is where rocket engines come in. Rocket engines are on the one hand so simple that you can build and fly your own model rockets very inexpensively (see the links at the bottom of the page for details). On the other hand, rocket engines (and their fuel systems) are so complicated that only two countries have actually ever put people in orbit. In this edition of How Stuff Works we will look at rocket engines to understand how they work, as well as to understand some of the complexity. The Basics When most people think about motors or engines, they think about rotation. For example, a reciprocating gasoline engine in a car produces rotational energy to drive the wheels. An electric motor produces rotational energy to drive a fan or spin a disk. A steam engine is used to do the same thing, as is a steam turbine and most gas turbines. Rocket engines are fundamentally different. Rocket engines are reaction engines. The basic principle driving a rocket engine is the famous Newtonian principle that "to every action there is an equal and opposite reaction". A rocket engine is throwing mass in one direction and benefiting from the reaction that occurs in the other direction as a result. This concept of "throwing mass and benefiting from the reaction" can be hard to grasp at first, because that does not seem to be what is happening. Rocket engines seem to be about flames and noise and pressure, not "throwing things". So let's look at a few examples to get a better picture of reality: If you have ever shot a shotgun, especially a big 12 guage shot gun, then you know that it has a lot of "kick". That is, when you shoot the gun it "kicks" your shoulder back with a great deal of force. That kick is a reaction. A shotgun is shooting about an ounce of metal in one direction at about 700 miles per hour. Therefore your shoulder gets hit with the reaction. If you were wearing roller skates or standing on a skate board when you shot the gun, then the gun would be acting like a rocket engine and you would react by rolling in the opposite direction. If you have ever seen a big fire hose spraying water, you may have noticed that it takes a lot of strength to hold the hose (sometimes you will see two or three firemen holding the hose). The hose is acting like a rocket engine. The hose is throwing water in one direction, and the firemen are using their strength and weight to counteract the reaction. If they were to let go of the hose, it would thrash around with tremendous force. If the firemen were all standing on skateboards, the hose would propel them backwards at great speed! When you blow up a balloon and let it go so it flies all over the room before running out of air, you have created a rocket engine. In this case, what is being thrown is the air molecules inside the balloon. Many people believe that air molecules don't weigh anything, but they do (see the page on helium to get a better picture of the weight of air). When you throw them out the nozzle of a balloon the rest of the balloon reacts in the opposite direction. Imagine the following situation. Let's say that you are wearing a space suit and you are floating in space beside the space shuttle. You happen to have in your hand a baseball. If you throw the baseball, your body will react by moving away in the opposite direction. The thing that controls the speed at which your body moves away is the weight of the baseball that you throw and the amount of acceleration that you apply to it. Mass multiplied by acceleration is force (f = m * a). Whatever force you apply to the baseball will be

The Common Law Derivative Action in Hong Kong Essay Example

The Common Law Derivative Action in Hong Kong Essay Example The Common Law Derivative Action in Hong Kong Essay The Common Law Derivative Action in Hong Kong Essay School of Accountancy ACY 3151 D– Company Law Preserve The Common Law Derivative Action in Hong Kong Presented to Professor C. K. LOW Submitted by Tony BAI Dongyi; Ashley CHEN Xi; Ri REN Xinyu; Zoe ZHOU Beinan 30 April 2010 Abstract This paper is a response to the First Phase Companies Ordinance Rewrite Consultation Paper Question 7 whether we should abolish the common law derivative action (the CDA) currently retained by sec. 168BC (4) in the amended Companies Ordinance (2004). This paper firstly briefly introduces the current co-existence of the common law derivative action and the statutory derivative action (the SDA) and figure out potential problems which lead us to think about whether we should abolish the CDA. The main part of this paper discusses five arguable aspects from both the con sides and the pro sides of whether abolishing the CDA. This paper discusses the CCASS system which disables many shareholders to use the SDA; the rights f minority shareholders of offshore companies who cannot use the SDA; the international context regarding the CDA in many other common law jurisdictions; the potential confusions and complications with and without the co-existence and some pitfalls of the CDA which are minor and can be ignored. On the discussion of the above five aspects, the authors find that the CDA overrides the SDA in respect of each issue at the current time in Hong Kong, therefore this paper reaches a conclusion that Hong Kong should preserve the CDA at the current stage. Upon the disagreement of the abolishment of the CDA, the authors also provide some further recommendations to help improve the current situations regarding the co-existence of the CDA and the SDA. TABLE OF CONTENTS Abstract2 Table of Contents3 1. Introduction5 1. 1 The Facts of Foss v Harbottle Case5 1. 2 The Rules of Foss v Harbottle Case5 1. 3 The Common Law Derivative Action6 1. 4 The Drawbacks of the Common Law Derivative Action7 1. 5 Introduction of SDA into Companies Ordinance7 1. 6 Problems of the Co-existence of the CDA and the SDA8 2. Five Aspects Regarding the Co-existence of CDA and SDA9 2. 1 The CCASS System9 2. 2 Members of Offshore Companies11 2. 3 The International Context of Derivative Action13 2. 4 Confusions and Complications Arisen without CDA15 2. 4. 1 General Discussion16 2. 4. 2 The MDA May Not Continue to Work17 2. 5 Other Drawbacks of the CDA Can be Ignored at the Current Stage18 3. Hong Kong Should Preserve the CDA19 4. Further Recommendations20 4. 1 Slight Amend sec. 16820 4. 1. 1 Extend the Scope of Qualified Plaintiff of the SDA20 4. 1. 2 Only Keep the CDA for Shareholders of Offshore Companies20 4. Require Offshore Companies to Accept Hong Kong Statue20 4. 3 Similar Legal System in the Region20 5. Conclusions22 Bibliography23 1. Introduction Before we discuss whether we should abolish or preserve the common law derivative action in Hong Kong, we would like to briefly introduce the background of the leading case (Foss v Harbottle) which established the principles of the common law derivative act ion as well as the pitfalls of it. Then we will mention the statutory derivative action which was the statutory regime introduced to deal with these pitfalls of the common law derivative action. At last we present the problems faced by the co-existence of these two derivative actions which lead to this paper’s main topic whether we should abolish or preserve the common law derivative action. 1. 1 The Facts of Foss v Harbottle Case Victorian Park Company was set up to develop parks and gardens. Harbottle was one of the eight promoters of this company. Foss was one shareholder, who brought a law suit alleging that the promoters sold a land to the company at a very high price. But Harbottle argued that Foss, the plaintiff, could not represent the Company to sue the promoters. 1. 2 The Rules of Foss v Harbottle Case[1] The judges in Foss v Harbottle held that the courts should not interfere in the internal management of companies. Because the company is a separate legal entity, if something wrong is done to the company, only the company itself can sue and that is the so called Proper Plaintiff Rule. The effect of this rule is to eliminate vexatious litigation by troublesome minority shareholders. However, the rule was also criticized by many researchers. If the directors of the company do something wrong, they will of course not have the incentive to make the company bring law suits against themselves. Therefore the minority shareholders cannot have the rights to get the wrongdoers to pay remedies to the company and it is to some extent unfair. Due to this reason, later, four exceptions to the rule were established to try to solve this problem. It is held that the Proper Plaintiff Rule will not apply if the relevant transaction ? is ultra vires or illegal; ? requires the sanction of a special majority; ? infringes the personal rights of a shareholder; or ? amounts to a fraud on the minority. 1. 3 The Common Law Derivative Action The exceptions to the Proper Plaintiff Rule in Foss v Harbottle allow the minority shareholders under some limited conditions to sue on behalf of the company. The common law derivative action (the CDA) is applied based on these exceptions. There are two basic requirements for applying the CDA: The alleged wrong or breach of duty cannot be ratified by a simple majority of the members; The alleged wrongdoers are in control of the company, so that the company cannot sue by itself. 1. 4 The Drawbacks of the Common Law Derivative Action Although the exceptions to rules in Foss v Harbottle open a door for the shareholders to take derivative actions, there are still some drawbacks in the CDA which make it not so effective to protect the rights of the minority shareholders. Just like the Australian Senate Standing Committee stated in its Report: Despite a recent tendency towards relaxation, the narrow rules of standing make it difficult for a shareholder to take legal action. There are some obstacles that confront shareholders in bringing litigation in CDA. These obstacles include: ? There are some defects in exceptions to the rule in Foss v Harbottle; ? The expense of litigation is very high; ? It is very difficult for shareholders to obtain information from the company. These drawbacks will be discussed more detailed in later part of this paper. 1. 5 Introduction of SDA into Companies Ordinance Because the CDA have the above pitfalls and cannot adequately protect the rights of the minority shareholders, the SDA was introduced in many common law jurisdictions. For example, SDA was introduced to Singapore and New Zealand in 1993 and Australia in 2001. In Hong Kong, SDA was also written into Companies Ordinance in 2005. Unlike CDA, the court will consider the good faith of the shareholders and the best interests of the company instead of those exceptions to the rule in Foss v Harbottle. In addition, the ratification by a general meeting will not stop the derivative proceedings which mean the hurdle to apply the SDA is relatively lower than that of the CDA. 1. 6 Problems of the Co-existence of the CDA and the SDA Many jurisdictions abolished the CDA after introducing the SDA, for example, Australia, Canada, New Zealand and the UK[2]. But Hong Kong currently reserves the CDA. The co-existence of the CDA and the SDA may cause some problems such as confusions and complications and this was concerned by the Court of Final Appeal in Waddington case in 2008. This directly leads to the Question 7 in the Consultation Paper. In the following session the authors will discuss the potential problems caused by the co-existence and rationally pro ve that indeed these potential problems should not be the reasons to deprive the shareholders of the rights to apply the CDA in Hong Kong because these potential problems are overridden by the benefits brought by the CDA. . Five Aspects Regarding the Co-existence of CDA and SDA In this part the authors will focus on five aspects regarding whether or not abolishing the CDA. In each aspect the authors will compare and analyze both the reasons to abolish and preserve the CDA and rationally prove that the CDA should not be abolished in respect of all the five aspects. 2. 1 The CCASS System Under Section 168BC (Members may bring or intervene in proceedings) (1) of Companies Ordinance, it states clearly that only members of a company can bring a SDA on behalf of company. However, there is no clear requirement whether the plaintiff has to be a member in order to bring a CDA, and the judge is granted discretion to decide. Therefore those shareholders who are not members can still bring a lawsuit on behalf of the company under the CDA. Hong Kong at the current stage still uses the CCASS system for the stock exchange under which the vast majority of shares owned by the public are not held by themselves, but actually held in nominee account which means those shareholders indeed are not registered to be the members of a company even they invest their money and buy shares of that company. 3] Therefore they are not qualified to apply the SDA under sec. 168BC (1). Moreover the nominees who are often huge financial institutions and are custodians of huge numbers of shares from a lot of shareholders may not have the incentive to bring the lawsuit for some minority shareholders. Further even one shareholder wants to suit the directors on behalf of the company ot her directors may not want to do this therefore the nominee may not be authorized to take derivative actions just because one shareholder’s requirement. Then the shareholder may have to withdraw the shares and again deposit them into the CCASS System which is very troublesome in practice and is a waste of money and time. The lag of time is a major concern because it is a great obstacle for the shareholders to take timely action. What is even worse, it is often the case that when the shareholders have the incentive to take such actions the company is already in a difficult financial position and the SFC may block the transaction and register of the shares of the company. Hence the shareholders once withdraw the shares he or she may not be able to deposit them again since the block set up by the SFC. Therefore it is almost very unlikely for a minority shareholder who is not a member of the company to take the statutory derivative action against the directors under the current version of amended Companies Ordinance (2004) and the practical CCASS System. However as stated above the CDA does not strictly require that only members can be qualified to apply. Therefore CDA is a much more feasible proceeding for Hong Kong shareholders than the SDA and actually CDA is almost the only feasible way for the minority shareholders of the listed company to take action (Non-listed companies and private companies do not use the CCASS System to exchange shares). Indeed we observe that from July 15, 2005 when the SDA came into effect most cases applying the SDA are related to private companies which support the opinion the CDA is still very important for shareholders of listed companies. Upon the above discussion the authors reach the conclusion that since the shares of the listed companies are exchanged using the CCASS System and the current SDA is only applicable to members, Hong Kong now should still preserve the CDA. 2. 2 Members of Offshore Companies As will be discussed later in this paper, one of the most important reasons to keep CDA is that it protects the Hong Kong shareholders of companies which are registered outside Hong Kong but have no places of business in Hong Kong in essence offshore companies. However, many people think this is not an effective protection because the procedure is too complicated that it is highly unlikely for small shareholders to take such an action. The right to perform CDA is theoretically feasible but is highly unlikely in reality. Following flow chart shows simply how a shareholder of an oversea company could take action: [pic] First he should go to the Hong Kong court, ideally, get the order. Then the order will be taken to register at a court in Singapore. If that court allows enforcing the Hong Kong order, then they issue another order to enforce it on the company. This might not be the end of the story; the remedy is given to the company, so it is subject to the company’s management’s decision whether to distribute it to the shareholders or not. Again this decision will be made by those directors who are sued in the case and they may not be willing to do so. Therefore this CDA is unlikely to be taken by small shareholders to spend huge cost in exchange of the remedy or no remedy at all. However this cannot constitute the reason to simply abolish the CDA. The CDA is difficult to apply however it is the only way for those shareholders of the offshore companies to protect their rights. To illustrate this section 2 of the Companies Ordinance is reproduced here â€Å"Specified Corporation† means a Hong Kong company or a non-Hong Kong company. (Added 30 of 2004 s. 2)[4] and s168 BC (1) only allows the members of specified corporations to take SDA. As mentioned above, there are a large number of companies (Around 80% according to the HKEX) incorporated outside Hong Kong but with Hong Kong shareholders. It can be inferred that amongst those huge number of companies many have no place of business in Hong Kong, which are neither Hong Kong companies nor non-Hong Kong companies within the definition of specified corporation. Therefore these offshore companies do not qualify under sec. 2 hence sec. 168 BC (1) cannot apply. Analyzing sec. 2 and sec. 168 it is established that shareholders of offshore companies can only apply the CDA because the CDA does not have similar restrictions. The CDA is the only way to help minority shareholders in overseas company therefore Hong Kong should preserve the CDA. The authors recognize that the CDA has high huddle to prove, high costs to incur and complex procedure to apply. However shareholders of offshore companies can only use CDA and we should not deprive the right to use CDA just because that it is complex to use. That is not the purpose of legislation and the spirit of law to develop a fair society. After all, complexity to get the remedies is much better than no way to get the remedies. The CDA can preserve the ability of the members of foreign companies to bring a derivative action in Hong Kong. The rights of these Hong Kong shareholders of such offshore companies to bring a CDA as one more option to defend their own interest may be deprived once CDA is abolished, thus CDA cannot be enforceable in the courts of Hong Kong in any events which is not fair to them. Moreover the existence of CDA also provides a deterrent force to proposed offenders such as offshore companies’ directors seeking for self-interest. 2. 3 The International Context of Derivative Action The judgment given by Ribeiro PJ in the Waddington case might be the most direct fuse for this issue (para. 32)[5]: The co-existence of both the statutory and common law regimes is unusual in an international context and is a source of confusion and complication. It would appear to be appropriate for the statutory regime to replace the common law derivative action altogether. This question deserves to be addressed by the Administration and the Legislature as soon as possible. He addressed that the co-existence is unusual and might raise confusion. This concern is further addressed in the consultation paper. The discussion here then will start with these points in 2. 3 as well as 2. 4 and expand to the inherent weaknesses with CDA in 2. 5. As is mentioned by Ribeiro and the consultation paper, it is unusual in an international context for both the SDA and the CDA to co-exist. So that practices in other jurisdictions where common law applies are reviewed as a reference. Actually, in contrast to Hong Kong, many jurisdictions replaced the CDA after the introduction of SDA. [6] [pic] Take New Zealand as an example, in its s 165(6) Company Act 1993, it regulates: Except as provided in this section (this section refers to section 165 which deals with statutory derivative action), a shareholder is not entitled to bring or intervene in any proceedings in the name of, or on behalf of, a company or a related company. [7] Apparently, the CDA is excluded. However the authors further notice that all above countries are representative ones in terms of developed western countries. The fact that many common law jurisdictions abolish CDA cannot prove the reasonableness of the abolition. This just represents what the situation is in western countries but not represent what we should do in Hong Kong. We should notice that HK has very different economic and political environment as those western jurisdictions and cannot just copy what they do. Thus people cannot suppose this of great value of reference for Hong Kong. Therefore Singapore and Malaysia may be of much more value when considering whether or not abolishing the CDA after introducing the SDA. These three common law jurisdictions have many similarities. All these three are in the Southeast Asia whose economy took off during 1970s and then the structure of the society changed and attention are more focused on developing financial centre and attract more foreign direct investment. Foreign companies are welcomed to be listed in the stock exchanges and local residents get involved in these financial transactions. The economy in these three jurisdictions is now facing similar pressure and the protection of minority shareholders’ is of great importance in order to make the public confident n the financial markets and the economy. Similar stock exchanges, similar financial positions and similar fiscal policies make it valuable to consider what Singapore and Malaysia does in terms of the derivative action when consider the legislation in Hong Kong. Both Singapore and Malaysia preserves CDA after introduction of SDA. Take Singapore as an example it adopted the SDA in its Com panies Bills sec. 216 A and sec. 216 B in 1993 however it still keeps the CDA and only regards the SDA as an addition to the CDA to make the sets of derivative actions complete. [8] Different jurisdictions should consider their own specific situations and only refer to other jurisdictions of the same economy and political situations to establish or revise for the most effective legal system. Regarding to Singapore and Malaysia, as well as the unique situations of Hong Kong to build an international financial centre, the CDA should be preserved at this stage to make sure each investor can be granted sufficient right to protect their investment and make sure that Hong Kong has healthy financial markets and regulated companies’ behaviors. 2. 4 Confusions and Complications Arisen without CDA The second claim made by the CFA in Waddington case is that the co-existence of the SDA and the CDA is a source of confusions and complications. [9] The as was addressed in the Consultation Paper in 2003, the CDA and the SDA differ not only in terms of form, but also in substantive issues. Under SDA, a member could, with leave of court, take the company to the court. According to s168BC (3), grant of leave requires: the action appears prima facie in the interest of the company; a serious question to be tried; the company is actually not acting; and there is a written notice. On the other hand, under CDA, the exceptions to the Foss rule must be proved. Where ultra vires acts, special resolution, infringement of rights, fraud on minority must be proved and satisfied. In addition, the effects of ratification by the board of directors also differ. The most confused part might be that the company is the plaintiff under SDA whilst a defendant under CDA. Some scholar mentioned in his work that: The retention of common law may even create the uncertainty and confusion as to what constitutes the lex fori. [10] Recall that in New Zealand, the CDA is abolished. B. Matthew argued that one of the intentions is to avoid confusion which was raised in an early Canadian case Rogers v Bank of Montreal. : To avoid the uncertainty of whether a derivative action may be brought under the oppression remedy as well as via the statutory leave procedure, and whether the statutory leave requirement acts to the exclusion of actions under one of the exceptions to Foss v Harbottle. [11] However the authors do not regard the above confusions will be sufficient reasons to abolish the CDA. The following are the arguments of some general discussions. 2. 4. 1 General Discussions The co-existence arrangement of the CDA and the SDA has been in place for about 5 years since July 2005, it has not caused any major legal problems. It has never been a source of confusion and complication. Besides, Section 168BC (4) states that the SDA provisions â€Å"shall not affect any common law right of a member of a specified corporation to bring proceedings on behalf of the specified corporation†. 12] In other words, unlike the law in other jurisdictions which abolishes the CDA, the Bill allows the co-existence of the CDA and SDA. This has been done because Hong Kong is unique in the sense that there are a large number of companies incorporated outside Hong Kong, but with Hong Kong shareholders. And there are also safeguards in the Company Ordinance to prevent duplicative CDA and SDA under section 168BE and section 168BC (5) which are reproduced as following. Section 168BE: Where leave has been granted to a member of a pecified corporation under section 168BC(3) and the member, in the exercise of any common law right, subsequently brings proceedings on behalf of the specified corporation in respect of the same cause or matter, or subsequently intervenes in the proceedings in question to which the specified corporation is a party, the court may- (a) order to be struck out or amended any pleading or the indorsement of any writ in the proceedings brought under the common law, or the intervention under the common law, or anything in such pleading or indorsement; and (b) order the proceedings brought under the common law, or the intervention under the common law, to be stayed or dismissed or judgment to be entered accordingly. Section 168BC (5): The court may dismiss an application for leave under subsection (3) if the applicant has, in the exercise of any common law right. [13] This shows that in 2004 when amending the Companies Ordinance, the legislator had ex pressed concern over this problem and tried to avoid confusion. Thirdly, no such confusions regarding which derivative action to use will actually arises because members of private and non listed companies will of course choose the SDA since it is much more convenient and those shareholders of listed companies and offshore companies will of course choose the CDA since they cannot use the SDA therefore we do not see much possibility of confusions arising because of the co-existence. Therefore we should preserve the CDA. 2. 4. 2 The MDA Currently we can take multiple derivative actions (MDA) only under CDA as affirmed by the decision made by Court of Final Appeal in Waddington Ltd v Thomas Chan Chun Hoo. Waddington case introduced a very important way for minority shareholders of the associate to sue the directors of the specific corporation however that case is based on CDA. Although in response to the comments made by the Court of Final Appeal in that case, the extension of SDA to cover MDA has been considered by Standing Committee on Company Law Reform (SCCLR) recently, it has not been really passed yet now. Once we abolish CDA which is the legal basis of MDA Waddington will not longer apply and MDA may come to an end. Therefore that will become a source of confusions as people may wonder whether MDA can be used without the CDA. Therefore the rights of concerned person have to be safeguarded before the legislation of MDA. It is therefore safer to preserve CDA at this stage to protect the rights under the MDA and avoid confusions. 2. 5 Other Drawbacks of the CDA Can be Ignored at the Current Stage Now comes the inherent weaknesses and drawbacks with CDA which can actually be ignored. First, the Foss rule is complicated and instable. Someone even call the Foss rule the deepest mystery of company law. 14] The rule is obscure and outdated. Much of the cases were decided years ago and it’s hard to reconcile all those decided cases. As Parlie Choo mentioned in his work what exactly amounted to a fraud on the minority has been conflicting and difficult. [15] The importance and extent of ratification was unclear And also, the court seems unwilling to get involved with the internal management of companies. [16] Some exemptions are actually hard to be satisfied constitute the second weakness of CDA. Exemptions must be proved under CDA, failing to do so the plaintiff failed the trial. Fraud on minority might be the most representative one. The court will collect shareholders’ opinions as to decide whether fraud exists. In cases where the wrongdoer is also the controlling shareholder, this is extremely difficult to prove. So injustice exists when the wrongdoer got the majority control. The problem is most severe with listed public companies. Thus, CDA easily fails to protect the small shareholders effectively which means it fails the initial purpose of derivative action. Last but not least, in most cases, the costs of the proceedings must be borne by the individual or minority shareholder who commences the action. As we recall from previous, the degree of evidence differs under each scenario. And we make the assumption that the more evidence to be collected the higher cost. Under SDA, the hurdle is actually low and the company may take over the case as well as the cost. However under CDA, the exceptions are very strict requirements and the shareholder is responsible for the case from the beginning to the end. As Dr Y. C. Choong said, under CDA cost can be crippling as they have to show that he has the locus standi (the right) to sue in a preliminary hearing. [17] However as we say above those people can choose the SDA for easy legal proceedings but those people who cannot use the SDA have to use the CDA. And we should not deprive their rights just because that the CDA is relatively complex. Therefore these issues can be regarded as minor issues and should be ignored at the current stage since the Companies Ordinance has not been perfect. 3. Preserve the Common Law Derivative Action in Hong Kong On the balance of the above five issues the authors think that we should preserve the CDA in Hong Kong at the current stage. 4. Further Recommendations 4. 1 Slight amend the Companies Ordinance 4. 1. 1 Option1[18] Abolish the CDA for specified corporations since the shareholders of those companies can use the SDA. Keep the CDA for offshore companies. Furthermore the MDA should be recognized by the Companies Ordinance and base it on the SDA. 4. 1. 1 Option2[19] Extend the SDA to overseas companies and abolish the CDA. any person who, to the satisfaction of the court, has an interest in the relief claimed in the proceedings, whether legal or equitable. [20] Furthermore the MDA should be recognized by the Companies Ordinance and base it on the SDA. 4. 2 Regulate the offshore compani es Hong Kong may amend the Listing Rules to require the offshore companies to sign to accept the regulation of Hong Kong Statue therefore the minority shareholders may be able to sue under the SDA. However even that is the situation the directors may not have the assets in Hong Kong and remedy is still hard to get in practice. Therefore we have the third suggestion which is a similar legal system in the Region 4. 3 Similar law system in the Region Once the law in different jurisdictions becomes much more similar offshore companies are of course regulated and minority shareholders’ rights are well protected because similar legal system in the Region can enhance the cooperation between Hong Kong and neighbor jurisdictions in terms of executing the statue and order granted by the court. Or maybe even better the similar legal system will make Hong Kong court judgments have binding effect on the offshore companies and then in practice the remedy can be got much easily than the current CDA model. 5. Conclusions In this paper we response to the Question 7 of the consultation paper and our answer is we should preserve the CDA currently. We consider five aspects and rationally prove that the CDA should be preserved in respect of each aspect. Although the authors prefer to preserve the CDA, further suggestions are also provided for future improvement of some current practical weaknesses in terms of derivative action in Hong Kong. References The statutory derivative action: now showing near you, Paul von Nessen S. H. Goo Chee Keong Low, 2008, Journal of Business Law Griggs, L. (2002). A Statutory Derivative Action: Lessons That May Be Learnt From its Past. Retrieved April 2010, from Australasian Legal Information Institute: austlii. edu. au/au/journals/UWSLRev/2002/4. html Li, X. (2006). nbsp;

Georg Baselitz, Creator of Upside-Down Art

Georg Baselitz, Creator of Upside-Down Art Georg Baselitz (born January 23, 1938) is a Neo-Expressionist German artist best known for painting and exhibiting many of his works upside down. The inversion of his paintings is a deliberate choice, aimed at challenging and disturbing viewers. According to the artist, he believes that it makes them think more about the grotesque and often disturbing content. Fast Facts: Georg Baselitz Full Name: Hans-Georg Kern, but changed his name to Georg Baselitz in 1958Occupation: Painter and sculptorBorn: January 23, 1938 in Deutschbaselitz, GermanySpouse: Johanna Elke KretzschmarChildren: Daniel Blau and Anton KernEducation: Academy of Visual and Applied Art in East Berlin and Academy of Visual Arts in West BerlinSelected Works: Die Grosse Nacht im Eimer (1963), Oberon (1963), Der Wald auf dem Kopf (1969)Notable Quote: I always feel attacked when Im asked about my painting. Early Life and Education Born Hans-Georg Kern, the son of an elementary school teacher, Georg Baselitz grew up in the town Deutschbaselitz, in what would later be East Germany. His family lived in a flat above the school. Soldiers used the building as a garrison during World War II, and it was destroyed during a battle between Germans and Russians. Baselitzs family found refuge in the cellar during the combat. In 1950, the Baselitz family moved to Kamens, where their son attended high school. He found himself heavily influenced by a reproduction of Interlude During a Hunt in Wermersdorf Forest by 19th-century German realist painter Ferdinand von Rayski. Baselitz painted extensively while attending high school. In 1955 the Art Academy of Dresden rejected his application. However, he began studying painting at the Academy of Visual and Applied Art in East Berlin in 1956. After expulsion due to socio-political immaturity, he continued his studies in West Berlin at the Academy of Visual Arts. In 1957, Georg Baselitz met Johanna Elke Kretzschmar. They married in 1962. He is the father of two sons, Daniel Blau and Anton Kern, who are both gallery owners. Georg and Johanna became Austrian citizens in 2015. Lothar Wolleh / Wikimedia Commons / GNU Free Documentation License First Exhibitions and Scandal Hans-Georg Kern became Georg Baselitz in 1958, when he adopted his new last name as a tribute to his hometown. He began painting a series of portraits based on observations of German soldiers. The focus of the young artist was the German identity in the aftermath of World War II. The first Georg Baselitz exhibition took place in 1963 at Galerie Werner Katz in West Berlin. It included the controversial paintings Der Nackte Mann (Naked Man) and Die Grosse Nacht im Eimer (Big Night Down the Drain). Local authorities deemed the paintings obscene and seized the works. The ensuing court case was not settled until two years later. Various Signs (1965). Hans-Georg Roth / Getty Images The controversy helped propel Baselitz into notoriety as a rising expressionist painter. Between 1963 and 1964, he painted the Idol series of five canvases. They focused on profoundly emotional and disturbed renderings of human heads echoing the emotional angst of Edvard Munchs The Scream (1893). The 1965-1966 series Helden (Heroes) represented Baselitz at top form. He presented ugly images that were designed to force Germans to confront the ugliness of their violent past during World War II and political suppression in East Germany. Upside-Down Art In 1969, Georg Baselitz presented his first inverted painting Der Wald auf dem Kopf (The Wood on its Head). The landscape subject matter is influenced by the work of Ferdinand von Rayski, Baselitzs childhood idol. The artist has frequently stated that he turns the works upside down to irritate the view. He believes that people pay closer attention when they are disturbed. While the paintings displayed upside down are representational in nature, the act of inverting them is considered a step toward abstraction. Some observers believe that the upside-down pieces were a gimmick to draw attention to the artist. However, the prevailing view saw it as a stroke of genius that rattled traditional perspectives on art. St. Georgstiefel (1997). Mary Turner / Getty Images While the subject matter of Baselitz paintings stretches far and wide and defies simple characterization, his upside-down technique quickly became the most easily identifiable element of his work. Baselitz was soon known as the pioneer of upside-down art. Sculpture In 1979, Georg Baselitz began creating monumental wooden sculptures. The pieces are unrefined and sometimes crude, like his paintings. He refused to polish his sculptures and preferred to leave them looking like rough-hewn creations. BDM Gruppe (2012). FaceMePLS / Wikimedia Commons / Creative Commons 2.0 One of the most celebrated of Baselitzs sculpture series is the eleven busts of women he created in the 1990s designed to commemorate the bombing of Dresden during World War II. Baselitz memorialized the rubble women he saw as the backbone of efforts to reconstruct the city after the war. He used a chain saw to hack away at the wood and help give the pieces a crude, defiant appearance. The emotional intensity of the series echoes the 1960s paintings of the Heroes series. Later Career In the 1990s, Baselitz expanded his work into other media beyond painting and sculpture. He designed the set for the Dutch Operas production of Harrison Birtwistles Punch and Judy in 1993. In addition, he designed a postage stamp for the French government in 1994. The first major U.S. retrospective of the work of Georg Baselitz took place at the Guggenheim in New York City in 1994. The exhibition traveled to Washington, D.C., and Los Angeles. Georg Baselitz continues to work and produce new art in his 80s. He remains controversial and is often highly critical of German politics. Georg Baselitz exhibition at White Cube Gallery (2016). rune hellestad / Getty Images Legacy and Influence The upside-down art of Georg Baselitz remains popular, but arguably his willingness to confront the horrors of World War II in Germany in his art has the most enduring impact. The emotional and occasionally shocking subject matter in his paintings exerted a powerful influence on Neo-Expressionist painters around the world. Oberon (1963), one of the most recognized masterpieces by Baselitz, demonstrates the visceral impact of his work. Four ghostly heads stretched into the center of the canvas on elongated and distorted necks. Behind them, what looks like a graveyard is drenched in a bloody red color. Oberon (1963). Hans-Georg Roth / Getty Images The painting represents the rejection of the prevailing winds of the art world in the 1960s directing young artists toward conceptual and pop art. Baselitz chose to dig even deeper into a grotesque form of expressionism laying bare the emotional horrors that continued to impact post-war Germany. Discussing the direction of his work, Baselitz said, I was born into a destroyed order, a destroyed landscape, a destroyed people, a destroyed society. And I didnt want to reestablish an order: Id seen enough of so-called order. Sources Heinze, Anna. Georg Baselitz: Back Then, In Between, and Today. Prestel, 2014.

History Lectures Essay Example | Topics and Well Written Essays - 3000 words

History Lectures - Essay Example In the years that followed, humans started to come up with ways to develop reliable food supplies through the planting of crops and domesticating of animals (Levack, Muir, Mans, & Veldman, 2010). People began to live longer, and as a result, were able to increase their population. Most people became farmers, increasing food supplies to the point of excess, with which they would trade and barter with others (Levack et al., 2010). With these initial commerce practices, the civilized societies slowly emerged. Around 6000 B.C.E., the picture in Southwest Asia presented that of farming and interactive communities. From these communities, the Sumerians from Southern Mesopotamia, slowly emerged, and they built cities to govern their ways of life (World History, 2007). It is important to note that the existence of these cities were dependent on the ability to control the Tigris and Euphrates Rivers because most of these cities relied on water for their sustenance and for the support of their farms and their livestock (Dellapenna and Gupta, 2008). As in contemporary rule, the traditional Sumerian cities were also ruled by a leader; these cities were controlled by kings. The people from these times worshipped the sun and the moon and sometimes inanimate objects and they built temples to honor their gods. They made a valuable contribution to society with their introduction of cuneiform writing which is now the basic foundations of our current writing and reading (Levack et al., 2010). War and conquest were common themes during these early times. The Sumerians were no exception, as they were conquered by the Akkadian empire (Northern Babylonia which is now a portion of Iraq) (Abrams and Wang, 2003) and made a part of a multi-ethnic empire being exposed to various languages and cultures. Other societies emerged at this time, bringing about the Assyrian and Babylonian cultures. A significant contribution by the Assyrians (later

Outsourcing and Offshoring Essay Example | Topics and Well Written Essays - 2000 words

Outsourcing and Offshoring - Essay Example The changes at WW Company are in a bid to achieve 5% economic growth and cut down costs by 5%. The company believes that an incorporation of information technologies will enable it perform competitively in the transportation and distribution industry. In the restructuring process, WW has identified an area in service delivery and customer relationship that would highly benefit the company in achieving its goals. Firstly, the company has identified its existing operational systems as slow and duly lacking in optimal service delivery. Employees in various departments complain of too much work load in accurately feeding the systems with data. They say that the system is error prone due to the fact that most of the input work is done by the employees who are likely to make inaccurate entries. Additionally, employees complain that the existent systems are too slow in execution of tasks, thereby causing a hold up in work management and service delivery. The new changes in IT have seen a range of projects span up at WW. Among the projects includes the development of a Customer Relationship Management Software. Right before the introduction of the changes at WW, the management had a meeting where they decided to change the company’s strategic plan. The changes in strategic planning were essential in that they would suit the new direction that the company was taking, which involved incorporation of information technology. With the introduction of IT at WW, all systems would go upgrades and re-specification so as to ensure that they perform as expected. Additionally, the newly hired Chief Information Officer of WW was expected to introduce technological systems in areas where they had not yet been explored in the company. This includes the newly proposed Customer Relationship Management Software. The proposed project involves

Right Ventricular and Left Ventricular Cardiogenic Shock

Right Ventricular and Left Ventricular Cardiogenic Shock Cardiogenic shock is a major and often fatal complication of a variety of acute and chronic disorders whereby the heart muscle fails to effectively pump blood forward and is unable to maintain adequate tissue perfusion. This ongoing clinical problem of cardiogenic shock often results from cardiac failure. Nurses and physicians need to work together to develop a rapid and well-organized treatment approach to this devastating condition. Acute myocardial infarction (AMI) is the most common cause and early recognition of cardiogenic shock is essential to saving the patient and functional organ perfusion. To help discuss the differences between right ventricular and left ventricular cardiogenic shock as a result of AMI, a case study format has been chosen. Priority nursing diagnoses, interventions and outcomes will also be addressed. Case Study Mrs. Rudd, a 53-year-old woman, is walking her two golden retrievers in Central Park when she starts to develop a nagging left arm pain radiating up her neck and down to her fingers along with diaphoresis, flushing and shortness of breath. She loses grip of the leashes and the dogs, sensing something wrong, get the attention of a young couple sitting under a tree. They see her in distress and call 911 to get an ambulance. Paramedics arrive on the scene within minutes and transport her to the emergency department at Mt. Sinai Hospital. On arrival, Mrs. Rudd continues to complain of the pain getting more intense and a new onset of substernal pain. The paramedics note her to be pale and clammy with cool and mottled extremities. Her vital signs in the ED are heart rate 56 beats/minute, blood pressure 78/53, respiratory rate 24 breaths/min and labored, pain level of 9/10 and temperature 96.9* F orally. The nurse provides supplemental oxygen at 100% via non-rebreather mask and administers 325mg of chewable aspirin, but holds the nitroglycerin because of her already low HR and BP. Then the cardiac monitor leads are placed, which shows sinus bradycardia;18g IV access is obtained in both arms and blood chemistry, CBC and cardiac enzymes are drawn and sent to the lab. A stat 12-lead electrocardiogram is run which indicates that Mrs. Rudd is having ST elevations in leads II, III and aVF suggesting acute inferior wall myocardial infarction. This explains the bradycardia due to damage to the right ventricle and likely an occlu ded right coronary artery. Tachycardia is seen in anterior and lateral wall MI where the circumflex and/or LAD coronary arteries are blocked. The nurse may also see ST depression instead of elevation in leads II, III and aVF with either of these infarcts. Her signs and symptoms upon presentation to the hospital suggest that she is in the early stages of cardiogenic shock, a life-threatening complication of AMI associated with high mortality. Early and aggressive treatment is necessary for her to survive this condition (Lenneman, 2011). Etiology and Pathophysiology With cardiogenic shock, perfusion is affected and delivery of oxygen to the tissues is markedly decreased. Various conditions can lead to cardiogenic shock besides AMI. It can occur as a complication of open heart surgery, myocarditis, valve failure, severe dysrhythmias or from any disease or injury that leads to mechanical failure of the bodys pump. With AMI, the myocardium is starved of oxygen and nutrients and dies (Lenneman, 2011). This leads to diminished contractility, reduced ejection fraction (the percentage of blood present in the ventricle at end-diastole that is pumped out with each heart beat) and disruption of hemodynamic measurements including persistent hypotension, high filling pressures, such as PAWP, PAP, high CVP and SVR, and most importantly reduced stoke volume and cardiac output. As a result of the reduced ventricular emptying, pressure rises within the ventricles, causing dilation of the ventricles, eventually leading the one initially injured to fail and if no t corrected both ventricles. In cases of heart failure in both ventricles, the patient will probably require transplantation and an LVAD to keep them alive while on the list awaiting a donor heart (Holcomb, 2002). Signs and symptoms Clinical signs and symptoms that are associated with cardiogenic shock depend on the ventricle affected. In right heart failure the nurse may observe jugular vein distension, peripheral edema and weak pulses, altered mental status, elevated ICP. Venous congestion and bradycardia are possible due to the heart slowing to allow adequate blood return and filling before pumping, which can be heard on auscultation as a split second heart beat. With left ventricular failure a pathological S3 or ventricular gallop can be auscultated, and pulmonary edema and congestion will likely be present, evidenced by labored breathing, dyspnea, course crackles and wheezing leading to ineffective gas exchange. To improve oxygenation, respiratory rate increases and the patient hyperventilates as manifested by hypocapnia and alkalosis (PaCO2 less than 35 or pH greater than 7.45) measured by arterial blood gases (Holcomb, 2002). Since the heart is unable to recover and maintain adequate perfusion to the kidn eys, they also will fail and subsequent ABGs reveal a shift indicating a worsening condition of both respiratory and metabolic acidosis. Sustained hypotension (systolic blood pressure less than 90mmHg for longer than 30 minutes) and adequate left ventricular filling pressure with signs and symptoms of tissue hypoperfusion are less common definitions for cardiogenic shock. This hypoperfusion may be exhibited by such signs as cool extremities, altered mental status, oliguria (urine output less than 30mL/hour or less than 0.5mL/kg/hour) or all three. Another helpful measurement utilized in assessing shock is drawing a serum lactic acid level, a diagnostic tool for detecting occult tissue hypoperfusion. Even if a patient does not exhibit low blood pressure at onset, a lactic acid value above 4mmol/L can identify organ dysfunction at the cellular level before the patient becomes hypotensive. This can be assessed by the nurse observing skin becoming cool, pale, and clammy as blood is shunted away from the periphery and skeletal muscles back to the vital organs. As a consequence, wasting and lactic acid buildup occur. The ef fects of blood being shunted away from the gastrointestinal tract initially lead to decreased bowel sounds and eventually progress to absent bowel sounds or paralytic ileus (Farwell, 2006). Hemodynamics In the case of Mrs. Rudd, her initial presentation reveals signs of the early compensatory phase of shock. The physicians and nurses need to collaborate and respond promptly to limit permanent damage to her organs and ensure her survival. In the early stage of cardiogenic shock the sympathetic nervous system is activated to respond to a failing heart. The renin-angiotensin-aldosterone system (RAAS) is stimulated to cause vasoconstriction and sodium and water retention to maintain blood pressure (Porth, 2006). To evaluate the effectiveness of organ perfusion cardiac output needs to be monitored and controlled. This is initially sustained with fluid replacement and volume expanders in right heart failure resulting from inferior AMI, to in essence replace oil in the engine to keep it running. In response to heart failure from a lateral or anterior AMI, the patient will exhibit increases in heart rate and/or stroke volume defined as the amount of blood pumped out with each ventricular contraction or the difference between the end-diastolic and end-systolic volumes (Eliott, Aitken, Chaboyer, 2007). The physician often prescribes vasopressors and inotropic medications such as milrinone or dobutamine to improve contractility and pumping efficiency of the damaged heart as well as reduce afterload. In cardiogenic shock, the values of cardiac output (normal range of 4-8L/min) and the more accurate measurement, cardiac index (2.5-4.0L/min), can significantly drop in response to heart failure and the pump not being able to adequately circulate blood through the body. In some cases the physician may order a diuretic such as furosemide to be administered to decrease preload by reducing pulmonary (LV) or systemic (RV) congestion and stasis of blood. Another measurement of end organ perfusion that clinicians rely on is mean arterial blood pressure (MAP) which has a normal range of 60 to 110mmHg. When the body is in a state of shock, at first the body attempts to compensate, however as the condition prolongs the values gradually drop below 60 mm Hg along with a decreasing cardiac output (Holcomb, 2002). Together these hemodynamic values are used to determine if the patient has inadequate organ perfusion and to evaluate the adequacy of interventions by both the physicians and nurses. Subsequently, the body attempts to compensate by increasing heart rate, which decreases diastolic filling time. This faster rate increases the oxygen demand of already damaged heart muscle, which negatively impacts cardiac output even further. Unable to keep pace with the increase in volume, hemodynamic values worsen as the heart fails to perfuse the body. This eventually leads to MODS and unfortunately, as a result, death in around 50% of all patients affected by cardiogenic shock (Babaev, Frederick, Pasta, 2005). Even in cases where the patient is recovered and stabilized, sometimes the damage may be too great for the patient to overcome and within days or weeks they irreversibly deteriorate. Treatments The best chance of recovery for Mrs. Rudd relies on rapid percutaneous or surgical revascularization. While awaiting revascularization there are nursing interventions and pharmacologic measures that can be started to optimize her cardiac output. As mentioned earlier, rapid infusion of fluids is the first line of defense to improve cardiac output and stroke volume in right AMI. Diuretics may be used in left heart failure to decrease preload and improve the hearts pumping ability, however it is contraindicated with right AMI as in the case of Mrs. Rudd. Tachycardia is a common compensatory mechanism of cardiogenic shock to improve perfusion, yet beta-blockers, although they can lower rapid heart rates, are another class of drugs that should be avoided for Mrs. Rudd since they also have a hypotensive effect and could counter the positive effects of fluid resuscitation and further perpetuate severe hypotension, having a bottoming out effect. Therefore beta-blockers should be used careful ly and only in early stages of uncomplicated AMI without heart failure (Eliott, Aitken, Chaboyer, 2007). Providing inotropic support and improving systemic vascular resistance are important in the management of cardiogenic shock. To increase contractility and consequently cardiac output, inotropes, such as dobutamine, dopamine and milrinone, might be started and gradually increased to obtain adequate perfusion. However, because they can increase myocardial oxygen demand in an already ischemic heart, they must be used cautiously in patients, as they may lead to the incidence of fatal dysrhythmias. To treat life-threatening ventricular dysrhythmias (VT or VF), antiarrhythmic medications such as amiodarone or lidocaine are indicated. Additional considerations to treat dysrhythmias or heart block include defibrillators and transcutaneous pacing, or depending on the damage present, a permanent pacemaker (ECC Commitee, American Heart Association, 2005). Another complication of cardiogenic shock that increases oxygen demand is hypoxemia from pulmonary edema and backflow; common in left AMI and often a secondary complication in right AMI. As the patient deteriorates and stops responding to compensatory mechanisms, mechanical ventilation may be warranted to provide adequate oxygenation. By instituting mechanical ventilation the workload of breathing is decreased as the machine takes over. Also anxiety and metabolic demands are decreased when the patient is sedated and intubated. Unfortunately, sedation may cause a further drop in blood pressure and needs to be closely monitored. Maintenance of adequate MAP is also vital to prevent end-organ damage. To increase MAP, norepinephrine may be added to the medication regimen, but it may have a negative effect on cardiac output. Through means of combination therapy in severe hypotension, catecholamines are mainly administered in cardiogenic shock along with monitoring urinary output and calculating cardiac output, to sustain functioning of the patients organs and optimistically to buy time before revascularization and the return of adequate pump function (Eliott, Aitken, Chaboyer, 2007). Unless contraindicated, it is protocol to treat any patient admitted with a diagnosis of acute coronary syndromes, including patients in cardiogenic shock, with aspirin and IV anticoagulation (heparin) to slow the progression of the infarct. Fibrinolytics are not recommended in patients requiring percutaneous coronary intervention (PCI) or surgery, however, improvement in hospital mortality with the use of the glycoprotein IIb-IIIa inhibitor abciximab (ReoPro) has recently been shown to reduce mortality from 40% to 50% down to 18% to 26% in cardiogenic shock treated with stent implantation (ECC Commitee, American Heart Association, 2005). Hospitals have adopted the PTCA guidelines set forth by The American College of Cardiology and the American Heart Association aiming to provide reperfusion of the infarct artery within 90 minutes after arrival to the hospital. These new guidelines also assist in decision making regarding PCI, a nonsurgical coronary revascularization procedure that r elieves the narrowing or obstruction of the coronary artery or arteries to allow more blood and oxygen to be delivered to the heart muscle. This ensures patient safety and improves patient quality of care (ECC Commitee, American Heart Association, 2005). Another intervention that is used to prevent or manage cardiogenic shock is an intra-aortic balloon pump (IABP) which improves coronary artery perfusion and reduces afterload. This mechanical device consisting of a 34- to 40-mL balloon catheter, is placed during PCI and operates by using counterpulsation therapy. The IABP inflates during ventricular diastole (increasing coronary artery perfusion) and deflates during ventricular systole (decreasing afterload or the resistance against which the heart has to pump). By increasing coronary artery perfusion with this device, the patients cardiac output, ejection fraction, and MAP are increased, ultimately improving end-organ perfusion. Heart rate and pulmonary artery pressures, especially pulmonary artery diastolic and wedge pressures are lowered, which essentially decrease the hearts oxygen consumption, blood volume and workload (Holcomb, 2002). Now an hour and fifteen minutes from onset, Mrs. Rudds status continues to worsen and the physicians, noting that they are still within the 90 minute timeframe, rush her directly to the cardiac catheterization laboratory and she undergoes PCI with drug-eluting stent placement in the right coronary artery. During the procedure the surgeon places an IABP to increase coronary artery perfusion and decrease workload of the heart. She is transferred to the surgical intensive care unit for further management and monitoring with a pressure dressing to the femoral artery where the catheter was inserted. After recovery of her strength and hemodynamic stabilization, she is transferred to a medical-surgical unit, then discharged four days later on a new medication regimen prescribed to avoid complications and recurrence of an AMI or lethal dysrhythmias. Nursing Diagnoses Outcomes Prioritizing nursing diagnoses and care depends on which side of the heart is affected. With LV failure, respiratory complications are a primary consideration, whereas with RV failure, presentation of systemic signs and symptoms occur early on. Eventually as the patients condition deteriorates their bodys compensation mechanisms fail and cardiogenic shock worsens. Nursing interventions vary based on what stage of shock the person is in, their etiology and presentation, what procedures are planned or have been performed and when care is assumed. The nursing diagnoses for Mrs. Rudd consist of (in priority): Risk for decreased cardiac output related to altered cardiac rate and rhythm; reduced preload and increased systemic vascular resistance; infarcted muscle. Ineffective tissue perfusion related to reduction or interruption of blood flow. Risk for excess fluid volume related to decreased organ perfusion; increased sodium and water retention; sequestering of fluid in interstitial space and tissues. Acute pain related to ischemic myocardial tissue. Anxiety and fear related to change in health status. Activity intolerance related to imbalance between myocardial oxygen supply and demand; presence of ischemia; cardiac depressant effects of certain drugs, such as beta blockers, antidysrhythmics. Ineffective protection related to the risk of bleeding secondary to thrombolytic therapy. Deficient knowledge regarding cause and treatment of condition, self-care, and discharge needs related to lack of information, misunderstanding of medical condition or therapy needs Some expected outcomes for Mrs. Rudd include: Maintain an adequate cardiac output during and following reperfusion therapy. Demonstrate no signs of internal or external bleeding. Rate chest pain as 2 or lower on a pain scale of 0 to 10. Verbalize reduced anxiety and fear. To recap, cardiogenic shock is a life-threatening complication of AMI. It is important to acknowledge that patient survival and recovery rely on early recognition of signs and symptoms of cardiogenic shock and rapid assessment and interventions by the nurse and treatment team.