You choose Essay Example | Topics and Well Written Essays - 1250 words

You choose - Essay Example The Hammurabi code also devoted some sections to deal with the problems created by alcohol abuse. In the American society, the place of alcohol had been ambivalent. Drinking has been termed as the major cause of economic catastrophe. Drinking has been blamed for causing crimes, military defeats and diseases as well. To manage the crisis, the drinking ages have been increased in order to save young people from the vice. Since the early 1800s, organized efforts have been made to limit drinking and the role of alcoholic beverages in the U.S. However, the subject of alcohol has provoked strong conflict and controversy. Alcohol has proved to be the symbolic issue where the struggle for primacy in social status has been fought between the differing life styles. Although alcohol is associated with numerous personal and social problems, its use is widely accepted. In 1970, congress passed an amendment that granted the right to vote to citizens between the ages of 18 to 21. The movement started to extend other rights and privileges of adulthood to those aged 18. Between 1970 and 1975, some 29 states reduced their minimal drinking age. However, the change provoked even more controversy since a concern arose over the number of young people involved in car accidents that happened to be alcohol related. Certainly, there was need to do something (Hanson). In order to solve the problem, a legal solution had to be sought through legislation. In order to resolve the issue, it would be necessary to determine the age at which young people are mature into adulthood. Alcohol consumption is dangerous and sinful. It can easily lead to problems in behavior. Drinking, in any degree is undesirable because moderate social drinking is the forerunner of chronic inebriations. Young people, if not everyone, ought to be protected from alcohol. Other attempts aside from minimizing the drinking age have been made too. Such

Company law Reform Bill Essay Example | Topics and Well Written Essays - 2500 words

Company law Reform Bill - Essay Example These directors together are called the Board of Directors. Since all the directors cannot execute individually they elect one among them as a Managing Director. The board of Directors will take all policy decisions in the Board meeting and the Managing Director executes the decision taken by the board. The proviso 741(1) deals with the definition of directors, this proviso is an inclusive provision which says the directors include properly appointed directors, "de jure" directors like "governor", not properly appointed directors such as "de facto directors" and "shadow" directors. [Charlesworth & Morse, Company Law (1999)] a De facto Directors: De facto Directors are those who act openly as directors and they claim to be directors on they being performed the functions of the directors, though they are not properly appointed. These directors are recognized as de facto directors for only that period during which they acted so. [Charlesworth & Morse, Company Law(1999)] b It is a decided law that person who claims to be director by de facto has to make a plea and establish that he has undertaken such function of the company which would have been undertaken by the director only, but not simply to show that he has under taken the and discharged the functions which the management below the directors could not be under taken and discharged. Re Richborough Furniture Ltd 2 In this case it was held that De facto director should satisfy either of two tests such as (a) he is sole person directing the affairs of the company or (b) he was acting on par with other directors in directing the affairs of the company, if there are other properly appointed directors. Secretary of State for Trade and Industry v. Lating 3 In this case while approving the two tests it was held that by simply satisfying either of the two test is not sufficient to claim as de fact director, but he should be still acting as such, which means that the de facto director is recognized as director only during the period in which he is acting as per the two tests. Once he ceased to be acting as such he would be ceasing to be de facto director. The court in another case Secretary of State for Trade and Industry v. Hickling 4 approved this Shadow Directors: Section 741(2) of the companies act 1985 defines shadow director as 'a person in accordance with whose directions or instructions the directors of a company are accustomed to act'. Professional persons on whose, advise the directors act are excluded from this definition. Shadow directors are vicariously liable for the action of the directors whom they appoint or control. This provision aims at preventing the persons escaping from the liability under the shelter of a board of marionette. The directors of a subsidiary who are working under the directions of the directors of the parent company then the directors of the parent company are called the shadow directors. (LS Sealy, Cases and Materials in Company Law) c Re Hydrodam(Corby)ltd 1 The court held in this case that one has to satisfy the four conditions for adjudicating a person as shadow director such as (i) he is properly appointed or de facto director (ii) the director directs the other directors in which manner they have to function in relation to the company (iii) the other directo