Monday, January 27, 2020
Language Attitudes And Ideologies English Language Essay
Language Attitudes And Ideologies English Language Essay In a contemporary society especially in a diverse country such as South Africa, language plays an important role in defining identity. As a result of the many diverse cultures, South Africans are exposed to a vast amount of different languages. These languages form part of identity and thus are accompanied by certain language ideologies and attitudes. Language ideology may be defined as shared beliefs about language forms and practices embedded in social conflicts over power (Volk and Angelova, 2007:177). Attitudes on the other hand are closely related to ideologies, and are described as learned reactions toward a person or situation (Steinberg, 2007). This essay aims to research the effects of a multilingual university (UWC) community on language use and ideology. It will also provide reasons for these effects and how attitudes relate to language ideology. To begin the study my research population consisted of a UWC male student, age twenty five and his first language is Setswana. In order to conduct the research I first posed a question to this student. The question was as follows; Given that you have been at UWC for at least two years, what effect is your membership of a multilingual university community having on your language use and ideology? The student answered that being at UWC has changed his ideology of different languages, because of the diverse language speakers and the formation of strong friendships he has been forced to become familiar with other languages. I then used this response as a framework to begin the research. As this is a qualitative research study I have made use of the survey-questionnaire method to gather my data. I have particularly applied the Linkert Scale style questionnaire that consists of statements and of which the participants answers are among the following; strongly agree/ agree/ unsure/disagree/ strongly disagree. The participant would then provide the reasons for their answers. The statements on the Linkert Scale questionnaire were as follows: I am happy with English as the main medium of instruction at UWC I would be more successful in my academic studies if my home/first language could be used in lectures and tutorials The other languages are sufficiently developed for use at tertiary level, and should not only be used for informal communication Its a good thing that we have a common language here at UWC to help us communicate across linguistic boundaries Im pleased that Ive picked up some words and expressions in other languages here at UWC The other part of the questionnaire asked for reasons for answers and provided writing space for the students response. In this case the student then provided reasons for his response to the above statements which made up the full data which I have made use of in this essay. The findings consisted of the responses to the above statements and the reasons for the response. The participants response to statement one was that he strongly agrees with English being a medium of instruction at UWC. His reason for his response was as follows Since different students come from different backgrounds/cultures and languages its only fair to have English as a lingua Franca common to all. Thus in this case I have found that the participant feels that English is a language spoken by all students at UWC. He also suggests that it is fair to have English as a medium of instruction, because all students at UWC share the common understanding of English whether it be a first, second or third language acquisition. This explains English as a lingua franca, the term lingua franca describes a language serving as a regular means of communication between different linguistic groups in a multilingual speech community Holmes (1997:86). The participant in this case is happy with the f act that English is used as a medium of instruction. The students response to statement two was that he disagrees that he would be more successful academically if his first language was a medium of instruction. The students reason for this is as follows No, I am more competent in English than my mother tongue when it comes to reading and writing as I last stopped using my first language for reading and writing in standard 3. It is clear, judging by the participants response, that he has lost proficiency in his first language in reading and writing due to being educated in English for so long. As a result of being educated in English for such a long time the student seems to feel more competent with English. This evidence gives rise to the notion that English may be the predominant language for educating a multilingual society due to its global recognition. The participants response to statement three was that he strongly disagrees with the assumption that, other languages are sufficiently developed for use at tertiary level and should not only be used for informal communication. The students reason for this is When it comes to Afrikaans and Xhosa I understand because these are the languages predominantly spoken in the Western Cape, but if its other languages it would not be fair to the other 11 official languages which are not used in tertiary education. The student in this instance feels as that English, Afrikaans and Xhosa are the only three languages developed at tertiary level as there is predominance in the amount of speakers of these languages. However, the participant disagrees that other languages should be used as a medium of instruction at tertiary level because it would be unfair to those who cannot understand the language. The student also feels that should one language, other than English/Afrikaans or Xhosa, be used as a m edium of instruction at tertiary level it would be unfair to the other eleven official languages that are not used in this way. The students answer to statement four was that he strongly agrees that its a good thing that we have a common language at UWC to communicate across linguistic boundaries. The students reason for this is as follows; If it wasnt for English as a lingua franca we would all be lost unless we share a 1st language, So it very good that we have a lingua franca as we connect/communicate well. In this case it is evident that the participant feels generally pleased that there is a language that can break through linguistic boundaries. The student in this case feels that English has the power to do so as a result of its wide range of speakers. It is also clear that the student agrees that English as a lingua franca helps us to communicate with other students from different linguistic backgrounds. The last statement the partaker responded that he agrees that he is pleased he has picked up some words and expressions in other languages. His reason for this is Yes I am this helps to communicate better with student who I do not share the same 1st language with, helps to build friendships and more, it brings people together. With regard to this response it seems that the student is pleased that he is able to pick up words form other languages that help to form relationships. To conclude the findings it is apparent that language attitudes form part of ideologies. Judging by the data I have gathered the participant provided insight of his attitude toward different languages especially English. It is obvious that English is a medium of instruction that the participant is pleased with as he would not have chosen UWC as an institution for higher education if this was not the case. The participant thus has a positive attitude towards English and the ideology (shared beliefs of language forms and practices) that English is a lingua franca common to all, increases this positive attitude. In this instance it brings to mind the assumption that we attain our attitudes from our ideologies. In essence it is apparent that our ideologies influence our attitudes toward various languages and it is these components that constitute as part of our identity. Language thus forms part of identity and in a modernised multilingual society the choice of identity is open to all. To elaborate one can side with the post-modern researchers who suggest that Post-modern accounts of identity have reacted against traditional and essentialist views by proposing an almost unlimited range of identity choices (Wallace, 2008:61). We as South Africans may be faced with the challenge of the battle between predominant and minor languages in a diverse country that consists of many different languages. Yet it is still astonishing to see that an institution such as UWC is able to bring people together even if it is through the use of English as a medium of instruction.
Sunday, January 19, 2020
Pat Barkers Regeneration Essay -- Pat Barker Regeneration Essays
Pat Barker's Regeneration As Pat Barkerââ¬â¢s ââ¬ËRegenerationââ¬â¢ is set in a mental hospital during World War I many aspects of the novel evaluate and discuss the psychological effects that the War has had on the patients. The novel explores the internal struggles of WWI soldiers and their attempts to overcome the trauma of war experiences. In ââ¬ËStrange Meetingââ¬â¢ a different approach to the war is addressed with much of the novel being set in the trenches and at the front line. The novel closely examines the relationship between two soldiers Barton and Hilliard and the extent of change caused by the war is a prominent theme throughout, showing clearly the emotional and physical changes the war has caused. Prior is an initially difficult patient who suffers from mutism, writing that he has ââ¬ËNO MORE WORDSââ¬â¢ when asked what he could remember from his time served in France. Barkerââ¬â¢s use of block capital letters and short, blunt statements here leads us to at first believe that Prior is not only an uncooperative patient hindering a possible speedy recovery but also inwardly angry and agitated. Although Prior gives the staff at Craiglockhart a hard time, describing the night staff as ââ¬Ëspiesââ¬â¢, and with this sarcastic dismissive attitude is perhaps at first perceived as though he doesnââ¬â¢t want to get better we soon realise that he is simply a difficult character who actually really wants to recover and as fast as possible, ââ¬Ëit isnââ¬â¢t fair to say I donââ¬â¢t want treatmentââ¬â¢. He is one of the many soldiers from WWI who is torn between two desires. On the one hand, he wants to recover, enabling him to return to France as soon as possible, proving himself as a soldier as well as a man. However, he still has a selfish side th... ...Prior share a lot in common both having experiencing trench life and struggling with the brutal truths of war. They both create relationships with people throughout the novels and through Barton and Hilliardââ¬â¢s relationship and the relationships Prior shares with Sarah and Rivers we learn a lot about their characters and the difficulties soldiers experienced in talking about their experiences as there were so many people that ââ¬Ëdidnââ¬â¢t understandââ¬â¢. We see that although the physical scars can be healed quickly it is the emotional scars that do the most injury and ironically are the hardest to heal. Barker and Hill both portray this message about the war using a fragmented discontinuous style, which reflects the disjointed thought process of many of the soldiers. From both novels we are shown just how innocent those back at home are and how they really donââ¬â¢t.
Saturday, January 11, 2020
Annotations to Applied Linguistics books Essay
Annotations 1. Guy Cook (2003). Applied Linguistics.à This book explains applied linguistics in brief. It describes the popular and academic views of correctness. It also discusses the languages in the contemporary world. It presents English and its growth and the many Englishes used nowadays. It discusses some of the English language teaching techniques. It describes communication. It looks at the linguistic changes and second ââ¬â language acquisition. 2. Guy Cook and Sarah North (2010). Applied Linguistics in Action. The book is divided into three parts. The first is about applied linguistics in theory. Itexplains the theory of practice. The second part is about English in the world, being a global language and TEFL. The third part is about applied linguistics in action in details. 3. Judit Sarosdy, Tamas Farczadi Bencze, Zoltan Poor and Marianna Vadnay (2006). Applied Linguistics 1. This book deals with applied linguistic more explicitly in a wider context. It discusses the traditional former methods in teaching English Vs. the communicative approach. It also discusses the learning process and classroom management. It stresses the cultureââ¬â¢s effect on the language. 4. Michael McCarthy (2001). Issues in Applied Linguistics. à The book discusses languages and modeling language. It highlights the second language in speech and writing. It describes applied linguistics through a professional discourse. 5. Patricia A. Duff (2008). Case Study Research in Applied Linguistics. This book tackles case study research in applied linguistics. It defines, describes, and defends case study research, and gives examples to support. It then explains how to make a case study report. 6. Susan Hunston and David Oakey (2010). Introducing Applied Linguistics (Concepts and Skills). This book applies news stories to access the key concepts in applied linguistics and stresses the skills required for appliedà linguistics. 7. Zoltan Dornyei (2007). Research Methods in Applied Linguistics (Quantative, Qualitative and Mixed Methodologies). This book is made up of five parts. Part one is mainly about the key issues in research methology. Part two presents data collection. Part three illustrates data analysis in details. Part four shows the structure of reporting research results in a quantitative report; a qualitative report; and a mixed method report. Part five sums up the book.
Friday, January 3, 2020
Descriptive Essay - Original Writing - 1638 Words
I fan my shirt out and in hoping to copycat some sort of breeze. I turn around to see a large black lake which according to history should have somehow cooled me off, but now you can just see heat rays streaming from the edge of the water. Drops of sweat run down the temple of my face and if I donââ¬â¢t get something in my system soon Iââ¬â¢m sure to pass out again. I reach for my dark brown hair and pull it over my neck. Iââ¬â¢m the weakest in our division, infamous for passing out in the middle of a brigade. I stare out into the deep purple like lakeââ¬âthe largest body of water Iââ¬â¢ve ever seen. I remember my Grandfather telling me stories of swimming in crystal clear waters, so cold you were nervous to jump right in. I knew the lake here in Dinbuaâ⬠¦show more contentâ⬠¦I watch her toes slowly dip further into the water, another violation. She pulls back her long, course black hair and I see a tattoo of a star constellation I canââ¬â¢t quite make out o n the back of her neck. I straighten up. Sheââ¬â¢s an Argan. Iââ¬â¢ve never seen one so close. I ignore the black spots beginning to form around my eyes and watch her intently. The Argans are the ones that started the war years ago, and itââ¬â¢s forbidden for them to be anywhere near a sector. My mother told me that she saw an Argan boy once. He was searching for food in our sector home, when my father nearly beat him off before my mother could give him any. I try to breathe slowly, knowing Iââ¬â¢m on the brink of fainting. Itââ¬â¢s been seventeen hours since Iââ¬â¢ve had any food or water, but I try to hold on. I shut my eyes for a second hoping to erase the black vail across my eyes. When I open them again, the woman is standing tall looking straight at me. There is no one around and I know I canââ¬â¢t try to run for it. My breathing gets heavier and I can feel myself slowly falling backward. The woman seems to be walking towards me, and I canââ¬â¢t tell if Iââ¬â¢m screaming or not. Then, nothing. I try opening my eyes, but a sharp pain from my leg springs up my body and I crunch my face in pain. ââ¬Å"What the hell Sadie. You know of all people, youââ¬â¢re not allowed to go out alone.â⬠Iââ¬â¢m lying on a metal table with a small comforter and can feel the heat from a window behind me. I can feel something being tied to
Thursday, December 26, 2019
The Revision Process Allows Me - 855 Words
The objective of this course is to teach students how to produce and write a not only concise, but compelling essays through one main idea. Throughout the semester, this course has taught me to use outlines and drafts that require further revisions to help interpret each essay and establish the structure in a better order. Specifically, the revision process allows me to take a second look back at my essay and see how I could have ultimately created a more exceptional essay. To start, the revision process allows me to review my thesis and create a better one so that I can have a more defined aspect and get the main point across. Also, the concept of revising an essay can lead to a more easily understood paper with more specific details which would lead to a more structured and evidence based argument. The revision process helps to improve papers to become more effective by creating a better overall thesis which could lead to a more conclusive essay that gets directly to the main point of the desired analysis. Most people would assume that the thesis is considered to be the most critical part of the essay. It investigates what the main idea of the paper will encompass. Usually, the first draft of the thesis for most people is never the thesis that will stay throughout the paper. As one starts to write, they realize how it could be changed to be a more precise and easily understood perception. As I was working on the revision, I realized that the first thesis that I wrote inShow MoreRelatedNarrative Writing : High School917 Words à |à 4 Pagesability as my high school featured a grueling English department and having received high grades on my history and sociology essays in first semester classes, I presumed that I wouldnââ¬â¢t learn anything in FWS. 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The stages of revision were discussed and the students were shown where additional help could be found within the book. Dr. Crisp told the students that the reason that their grades on the essays were significantly lower was because the essays were lacking in detail and had Type One errors. She stated that revision is important and that could help bring up the grades on theRead MoreMetaphors And Material, Tying And Training Texts : Metaphors For Revision, By Barbara Tomlinson1210 Words à |à 5 Pagesused to compare and analyze numerous things like expressions, objects, activities, and how we think. In the book, Tuning, Tying and Training Texts: Metaphors for Revision, Barbara Tomlinson, the auth or, discusses her viewpoints on metaphors and how they relate to the process of revision. She talks about how we come to adopt our writing process which is through, ââ¬Å"â⬠¦metacognitive expressions and culturally shared informationâ⬠(Tomlinson 59). Metacognitive expressions are thought to be moments in life whenRead MorePersonal Narrative : A Challenging Course885 Words à |à 4 Pagesinfluential to my growth as a critical reader or college student. Rather, it was my own analysis of the texts that allowed me to consider other perspectives on technology use in the classroom and the importance of revision when it comes to school work. Writing an essay on the impossibility of multitasking and the learning setbacks caused by technology use in the classroom caused me to reduce my technology use while doing homework. Deak says, ââ¬Å"If you are listening to Mozart while you are going mathsRead MoreLanguage And Literature Courses And Ap U.s. History1281 Words à |à 6 Pagesliterature and write analytically about it. In this course Iââ¬â¢ve grown to change my reading process completely. I had a tendency to read in search of a universal theme while ignoring the physical details. However, the explication process is more meticulous as you analyze the poemââ¬â¢s features including stanza lengths, indentions, and end stops. My poetry explication included in this portfolio, displays my process of close reading as I interpreted William Staffordââ¬â¢s ââ¬Å"Traveling through the Darkâ⬠. For exampleRead MoreA Writers Reflection Essay1100 Words à |à 5 PagesEnglish is a hard language to learn, for there are numerous elements of effective usage and writing. Many people, including me, struggle in writing because of a lack of knowledge. Since middle school, English was not a strong suit of mine. I struggled with the simplest of tasks often taking a considerably longer time to complete a task than the other students. Unmotivated teachers and a lack of interest resulted in remedial writing skills. To put it simply, I had little confidence in my writing and
Wednesday, December 18, 2019
The Between Jewish And Christian Scholars Essay - 945 Words
This makes even more sense, in the light of the fact that Jesus was constantly referred as, among others, of having coming from the same bloodline as the King David, the most righteous among the kings (leaving aside some of his mishaps), as referred in the beginning of the Gospel of Matthew. Among passages in the Old Testament, however, no other passage is as explicit as in describing Jesus as it is in the Book of Isiah, the passage involving the famed ââ¬Å"Suffering Servant.â⬠The servant in this passage was ââ¬Å"pierced for our transgressionsâ⬠, ââ¬Å"led to a lamb to the slaughter.â⬠He was a character who ââ¬Å"had done no violence, nor was any deceit in his mouthâ⬠, and suffered ââ¬Å"the punishment that brought us peace was on himâ⬠. This has been a subject of debate between Jewish and Christian scholars. In Contra Celsus, a writing by an early Christian theologian, Origen of Alexandria, he discusses the incidence where he mentioned this verse to a Jewish theologian: Now I remember that, on one occasionâ⬠¦I quoted these prophecies; to which my Jewish opponent replied, that these predictions bore reference to the whole people, regarded as one individual, and as being in a state of dispersion and suffering, in order that many proselytes might be gained, on account of the dispersion of the Jews among numerous heathen nationsâ⬠¦ Regardless of whether this being a reference to a single individual or a collective group of people, in Christian doctrine this is mostly accepted as a reference to Jesus, andShow MoreRelatedAnalysis of the Documentary The Crucible of Europe Essay1576 Words à |à 7 Pagesreligions met. The Jewish people would transform Europe and be transformed themselves. 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Between the years four andRead MoreThe Podcast For Today Is Sponsored By The Chief Rabbinate Of Israel1317 Words à |à 6 PagesAnchor 1: Srinidhi Anchor 2: Meenakshi Scholar: Ann Advertisements: Srinidhi PSA reciter: Ann --Dreidel, dreidel 20 sec-- Sponsor: The podcast for today is sponsored by the Chief Rabbinate of Israel. A1: Hello. This is Srinidhi! A2: This is Meenakshi! And today we are going to talk about Judaism. Hey Srinidhi, do you know what today is? A1: Yes! Todayââ¬â¢s segment is a special in celebration of Rosh Hashanah. If you didnââ¬â¢t know already, Rosh Hashanah is the Jewish New Year. Many people celebrate it byRead MoreToday s The New Testament And The History Of Interpretation1244 Words à |à 5 Pagesand Muslim communities and with Christians deemed heretical. The article starts off by surveying the New Testament texts that would later be understood to justify violence, particularly those passages regarding the conflicts and Jesus and his followers. During the first centuries Common Era a complex troubled relationship developed between Christians and Jews. Many believers considered themselves to be Jewish followers of Jesus. Christianââ¬â¢s writers wrote anti-Jewish works, known as contra JudaeosRead MoreThe Differences Between Christianity And Christianity1567 Words à |à 7 Pagesacknowledged in all three religions as messengers of God, but the disagreement between the faiths is on which prophet holds the most influential role in their religion. These three figures became leaders for there religions, as well as influenced many different beliefs. Their influence not only created a great sense of religious community but also created divide amongst humanity. This divide is seen in the rift between religious groups, since their varying beliefs collide and lead to a fight to proveRead MoreEssay One: ââ¬ËTo What Is Saint Paulââ¬â¢S Letter To The Galatians1325 Words à |à 6 Pagespath of salvation. However, in more recent times commentators have cast doubt about St Paulââ¬â¢s rejection of Judaism, rather, they argue, that St Paul was only objecting to certain part of the Jewish law. Moreover, there are those who propose that Paul is not objecting to Judaism as a religion but to other Christian teach who cam to Galatia. What really lies at the hear of t, with his knowledge let us attempt to answer the question; ââ¬Ëto what is Saint Paulââ¬â¢s letter to the Galatians a respon se?ââ¬â¢ EarlyRead MoreThe Discovery of the Dead Sea Scrolls Essay1361 Words à |à 6 Pageswere discovered by some travelling Bedouins. These manuscripts were attributed to the members of a previously unknown Jewish brotherhood, and were written approximately between the years of 100BCE and 68CE. While these scrolls provide scientists and historians with a window into a previously undiscovered community, the Dead Sea Scrolls are of particular interest to biblical scholars in that they shed light on the intertestamental period, and the religious atmosphere prior to, during and, immediatelyRead MoreThe Demon s Parchment By Jeri Westerson999 Words à |à 4 Pagesand political overturn. Westersonââ¬â¢s setting incorporates elements of religion and politics, offering a view of Medieval England from Guestââ¬â¢s perspective; the narrative also does a thorough job accurately describing the breadth and depth of the Christian-Jewish hostility of the era, as well as portraying the enormous ro le of the English Church in everyday life. First, Westerson correctly places the Jews of 1300s England at the bottom of the social hierarchy, a result of centuries of anti-semitism.Read MoreEssay about Bibles Book of Esther is Full of Mysteries999 Words à |à 4 PagesThe book of Esther is full of mysteries that has grasped the attention of Biblical scholars and audiences throughout ages and still presents some challenges to the contemporary audiences. It is important to understand the purpose and theme of the book in order to better understand the text in its context. Many Christian scholars and audiencesââ¬â¢ alike eisegesis the text instead of using exegesis therefore there have been many misconceptions regarding Esther. The book of Esther is a very important bookRead MoreThe Unconverted Self By Jonathan Boyarin Essay1673 Words à |à 7 PagesIn The Unconverted Self, author Jonathan Boyarin reexamines the relationship between Christian Europe and the world around it, especially in the context of interreligious dialog ue as a means of defining Christian identity. The common school of thought, as presented in this book, is that European identity reaches modernity after 1492 with the discovery of the radically different culture of Indigenous Americans (p. 9). Boyarin argues that this is untrue, as this belief operates under the incorrect
Monday, December 9, 2019
Plutus Payroll and Associated Companies-Free-Samples for Students
Question: Plutus Payroll and associated Companies Case Study. Answer: Introduction The corporate veil, the piercing of the corporate veil and the duties of the directors are terms associated with the issue which is surrounding modern day corporate governance. The purpose of this paper is to through light upon SYNEP, PLUTUS PAYROLL (PP) and other Syndicate companies (SC) in relation to corporate veil, the piercing of the corporate veil and the duties of the director[1]s. Every company is a separate entity and its identity is different from its members in addition the liability of the members of the company is only restricted to the amount they owe to the company in form of shares or guarantees. As the company does not act on its own and where there are various shareholders each of them cannot be a part of the management for the proper functioning of the company the governance of the company is vested in the selected board of directors[2]. The paper analyzes the significance of the corporate veil, when it may be pierced and the implications of the directors duties. Corporate Veil Issue The issue which has to be discuss the corporate veil in relation to relation to Synep, PP and Syndicate companies. Rules As provided by LordMcNaughton in the case of Solomon v Solomon and Co[3]at law a company is a totally different person as compared to those person who have subscribed to its memorandum. In this case it is irrelevant that even after incorporation the business is same as it was before and the same heads receive profit and the same person are manager. As provided by Macaura v Northern Assurance Coat law the company is not an agent of the trustees or subscribers of the memorandum and nor the members as subscribers are liable in any form or shape except to the manner and extent provided by the act to the liabilities of the company[4]. Application The provisions laid down by this case are often considered the route on which corporate personality jurisprudence is been practiced around the world. The concept of a separate legal entity have successfully been continued in an uninterrupted manner for more than 100 years in Australia. Thus as Synep, PP and SC are all incorporated companies the liability of the company is not the same as its members as they are protected by the corporate veil. The actions of a company and based on its own authority and the company does not act as the agent of its owners of the subscribers of its memorandum. However there have been various circumstances where this feature of the company has been taken up as a way to introduce fraud to the corporate world which is also highlighted in the present case of the three companies. There are many instance where the owners of the company hide behind the corporate veil in order to take advantage of it and defraud the creditors of the company. As the concept of c orporate veil protects and limits the liability of the owners of the company they are provided with a scope of committing such acts which may ensure them illegitimate profit without being held liable for it. The concept can be taken to Be as both an advantages and disadvantages in relation to the corporate world. However if a proper system was not initiated in order to restrict such acts the system of corporations would have been a total failure. The selected case for the purpose of this paper the director of the SC along with PP and Synep are protected to the principles of corporate veil. Conclusion The members of the companies are protected through the concept of corporate veil Piercing of corporate veil Issue Whether the corporate veil should be pierced or not in relation to Synep, PP and Syndicate companies Rules In order to ensure the proper functioning of the Corporate Law system a concept was developed by the courts which is known as piercing the corporate veil. It has been recognized by the courts in Lee v Lees Air Farming at the same time that the corporate veil of the corporation may be pierced to deny the shareholders any protection which is provided to them by the provisions of limited liability[5]. According toGilford Motors Co Ltd v Hornethe piercing of the corporate veil may be referred to as exception which is imposed judicially to the principles of separate legal entity through which the courts do not take into regard the different identity of the corporation and hold its members liable for the actions of the corporation in the same way as if they were committed by the members themselves[6]. The piercing of the corporate veil may also be initiated by the court when a request to do so has been made by the company itself or its members so that they can attain a remedy which would be denied to them otherwise or create a right which is enforceable or impose a penalty on the board of directors as provided by Creasey v Breachwood Motors Ltd[7]. In the case of Equiticorp Finance v BNZit was provided by judges that piercing the corporate veil is a term which is reserved for treating the liabilities and rights call functions of a corporation as the liabilities and rights or functions of its members. On the other hand to lift the corporate veil or to have a look behind it means having a regard to the shareholders of the company in relation to a legal purpose. Never the difference between the two phrases as yet to be properly recognized in Australia as the quote most of the times refer to lifting then the effect of such lifting is piercing of corporate veil[8]. In the case of Pioneer Concrete Services Ltd v Yelnah Pty Ltd it was provided by young J that even though when an individual company is incorporated it creates a separate legal person only on occasions the court will look behind the legal person to determine its real controllers[9]. Application Since the Solomon case there have been various instances in the United States the United Kingdom and Australia where the courts have found general to the principles of corporate veil and have pierced it in order to reveal those who have control over the companys affairs. Thus the courts have the power to look behind for lift the corporate veil whenever they want to determine the operational mechanism running the company. It is clear that the corporate veil is only lifted or pierced when the actual purpose of the company is to do fraud. From the provided facts it is difficult to say that Synep or PP had been incorporated for a fraudulent purpose. When it comes to syndicate companies the actual purpose for which they had been formed has to be analyzed in order to determine whether the corporate veil should be pierced or not Conclusion The corporate veil of Synep ,PP and other SC may only be pierced if it is found that the company was formed in an illegitimate way for a fraudulent purpose Directors duties Issue Whether directors duties have been breached by Adam Cranston who is the director of Synep, PP and the syndicate companies. Rule The duties of directors in Australia is controlled by the provisions of common law along with statutory provisions provided by the Corporation Act 2001[10]. The Corporation Act 2001through Section 181- 84 provide the statutory duties which are imposed upon the directors of companies operating in Australia. According to Section 181 it is the duty of director to act in good faith and in a way which will enhance the interest of the company in the best possible outcome what is of the director have to be disposed for a proper purpose. According to Section 182 of the act the directors of the company are forbidden from using their position in such a way so as to bring detriment to the company in order to achieve personal gain. Section 183 states that the directors of the company must not use the information which is gained by them through position in the company in such way so as to make personal profits at the cost of the company without disclosing such situation to the other directors. As provided by section 184 anything in relation to the above sections done intentionally is a criminal offence. There had been various instances in Australia such as the case of ASIC v HealeyOrs[11]and Asic v Adlerand 4 Ors[12] where the directors have been made personally liable for their actions and breach of duties. Application As they have been imposed with the duty to control the affair of the company the directors are expected to provide high standard of skill, care and diligence while disposing their duty towards a company. There is a duty imposed on the directors which raises Expectations of the shareholders towards them that they will always act in good faith to enhance the success of the company In the provided scenario the government companies have themselves admitted that they should have observed due diligence while providing authority to another company to deal with public money. Whether Adam Cranston had breached his duties as director or not is still under the scanner but as provided by the article that the public had not been paid their money he can be held liable for not abiding by his duties to act in the best interest of the companies owned by him. It is not suitable to comment on a case which is under investigation and yet to be decided. However as of now it appears that Synep, PP and the Syndicate companies had not been initiated for the purpose of doing fraud and the customers were initially being paid properly by the company. However a few directors of the companies were fake as provided by the ATO investigation as their residential address was not proper. In case the ATO is able to provide it would be a strong evidence to establish that PP had not been incorporated properly and the corporate veil may be pierced. Conclusion Apparently the duties of directors have been breached by Adam Cranston Bibliography Asic v Adlerand 4 Ors [2002] NSWSC 171 ASIC v HealeyOrs [2011] FCA 717 Corporation Act 2001(Cth) Creasey v Breachwood Motors Ltd (1992) 10 ACLC 3052 Equiticorp Finance v BNZ (1993) 11 ACLC 952 Gilford Motors Co Ltd v Horne [1933] 1 Ch 935 https://www.abc.net.au/news/2017-05-18/tax-fraud-allegations-could-risk-investigations-senator-says/8537608 Lee v Lees Air Farming [1961] AC 12 Macaura v Northern Assurance Co (1925) Ac 619 Pioneer Concrete Services Ltd v Yelnah Pty Ltd (1986) 5 NSWLR 254 Smith Stone and Knight [1939] 4 KB 116 Solomon v Solomon and Co (1897) A.C 22 (H.L) https://www.abc.net.au/news/2017-05-18/tax-fraud-allegations-could-risk-investigations-senator-says/8537608 Smith Stone and Knight [1939] 4 KB 116. (1897) A.C 22 (H.L). (1925) Ac 619. [1961] AC 12. [1933] 1 Ch 935. (1992) 10 ACLC 3052. (1993) 11 ACLC 952. (1986) 5 NSWLR 254. Corporation Act 2001 (Cth). [2011] FCA 717. [2002] NSWSC 171.
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