China s Foreign Policy Record - 967 Words

Through examination of China’s foreign policy record, particularly post-Cold War, a better understanding of the distinct approaches a realist theorist and a liberal theorist may have to the same event or policy, can be further explored through the lens of China. In his book, International Politics of the Asia Pacific, Yahuda states, â€Å"It is only since the end of the Cold War that China’s leaders have developed policies that recognize that the future security and prosperity of their country requires the cultivation of close relations with the Asia-Pacific as a whole and with its neighbors in particular.† (Yahuda 2011, 137) Yahuda points out, significantly, that only with the Cold War coming to a close, did China start to develop policies aimed at working together with other regional states in order to steer the country in the right direction and towards growth. It is within only the last 25 years following, has China implemented the foreign policies that have allowed more foreign investment than ever before. This foreign investment has both fueled China’s development and had a significant role in allowing for even more outside influence to enter China. Along the fall of the Soviet Union, the largest hurdle to the worldwide spread of Capitalism faded as well. With this, a new era of globalization was ushered in. As a result of both globalization and the adoption of new economic and trade policies, China was able to flourish (Yahuda 2011, 183). Though globalization was seen asShow MoreRelatedChinas Ultimate Goal of Returning to the Middle Kingdom Essay752 Words   |  4 PagesChinas Ultimate Goal of Returning to the Middle Kingdom China is aiming to regain its position as ‘The Middle Kingdom’, the center of the world. They wish to become a major political player through their military and economic prowess. They aim to gain the strength to flex their political will throughout the world. I believe their goal is to become united once again as ‘One-China’. When China totally regains its territories, such as Hong Kong, they plan on being a dominant world power onceRead MoreProblem: Human Rights Violations In Sino-Africa Cooperation1321 Words   |  6 Pagesbecome protuberant, impeding the progress of China’s â€Å"Going-Abroad† strategy in Africa. Take China’s footprint in the African agricultural sector, for example. According to Human Rights Watch in 2012, the agriculture investment contract between China and Ethiopia helped foment the legitimacy of the notorious â€Å"Villagization† program through which the Ethiopian government forcibly relocated 70,000 indigenous people from the western Gambella region to new villages that lack adequate food, farmlandRead MoreEast Asia is a diverse region housing some of the largest nations in the world as well as some of1300 Words   |  6 PagesAsia has experienced overwhelming success and growth rates. East Asia currently ranks as one of the top regions in the world in terms of economic success and growth. According to Thomas Leipziger, (Leipziger, 3) The East Asian countries have a record of maintaining political and economic stability and of pursuing long-term economic goals. The success of East Asia has led to much scrutiny over the role of the Government contributing towards its success. Although there might be many factorsRead MoreA Brief Note On The International Business Situation1473 Words   |  6 Pages economic information important to your proposed business/product/service, the level of foreign investment in that country According to China Highlights, prior to 1978, China maintained a command economy. Then, China launched multiple economic reforms. The central government made incentives for farmers. It also established Special Economic Zones along the coast of china for the purpose of attracting foreign investors. China’s entry into the WTO in 2001 has been one of the best influential factorsRead MoreEconomic And Political Challenges Facing China1474 Words   |  6 PagesHaving a historical record of over three thousand years, China is considered as one of the few countries with a significant continuous civilization. Before the twentieth century, it was under the rule of various dynasties. â€Å"The Xia dynasty was the first dynasty to rule in the country† (Tanner 35). The bureaucratic systems of these regimes resulted to the agrarian civilization that was much better off than the existing nomadic cultures. â€Å"Through the entire period from the 1990s, the country has regainedRead MoreThe Taming Of General Macarthur1712 Words   |  7 Pagesperson can lose their authority and trustworthiness. President Harry S. Truman terminated General Douglas MacArthur from his position as the leader of the U.S. forces in Korea after General MacArthur escalated the conflict, going against the U.S. policy and igniting a huge argument between the Chinese and the Americans. MacArthur also went against Truman s diplomatic policy directly and taunted the People s Republic of China by leaking news to a congressman about his desire to involve Chinese NationalistRead MoreDomestic Policy : Chinese Political Transition914 Words   |  4 Pagesdomestic policy Chinese political transition officially ended March 17, 2013, with the closing of the annual parliamentary session. It helped to endorse the renewal of the management team, the first stage took place at the 18th Congress of the Chinese Communist Party, which was held in Beijing from 8 to 14 November 2012. XI Jinping appointed Secretary General Party in November, became President of the Republic following HU Jintao and Li Keqiang succeeded as Prime Minister Wen Jiabao. The compositionRead MoreFiat Launches Cars in China: A Global Marketing Strategy1513 Words   |  6 Pagesï » ¿FIAT launches FIAT cars in China FIAT launches FIAT cars in China Introduction Global competition in all industry especially the automobile increases every time. Since 2009, China has become the worlds largest automobile producer with an annual sale of over 14 million vehicles. This means it had surpassed Japans previous records since by 2010 the government had focused their records to over 17 million. This growth has been elevated by the high demands due to the rising incomes. The middleRead MoreThe World Economy Has Been Growing Constantly Last 55 Years1371 Words   |  6 Pagesnet benefit to individual economies around the world, by making markets more efficient, increasing competition, limiting military conflicts, and spreading wealth more equally around the world. 1. Some of the benefits of globalization include: Foreign Direct Investment, Technological Innovation and Economies of Scale. 2. Some of the risks of globalization include: Interdependence, National Sovereignty and Equity Distribution. India got independence in 1947 and even after many years of independenceRead MoreThe Impact of Globalisation on Japan1638 Words   |  7 PagesGlobalisation has had a profound impact on the Japanese economy influencing levels of international trade, business operations, financial flows, government policy, labour markets and even environment. This movement has been driven primarily by numerous TNCs, trade liberalization, and the deregulation of the financial system, and numerous strategies adopted by the Government and Economy, resulting in the creation of a new Japan. ECONOMIC GROWTH AND DEVELOPMENT The Japanese economy, the 2nd largest

Emily Dickinson’s Imagery and Symbolic Creations - 592 Words

Dickinson’s Imagery and Symbolic Creations In many of Emily Dickinson’s pieces of poetry that she has created are notoriously known for being very innovative of all poetry. Emily the author of the poems, â€Å"Because I Could Not Stop for Death† and â€Å"I Heard a Fly Buzz – When I Died† is made very vivid and extraordinary to the reader with the amount of symbolism and imagery she uses. Imagery used inside of Dickinson’s poems create a bigger picture in the readers minds that let them almost feel some of the words talking to them. Where as symbolism in her poetry work shows how an object or piece inside the poem can represent a meaning behind it. Both of which the symbolism and imagery that Dickinson uses in her poems creates the overall effects that she as a writer is looking to achieve. Dickinson’s poetry develops her reader’s minds by using the two primary sources such as imagery and symbolism that are being imaged by the r eader, the overall meanings behind her poetry, and the symbolic representation in her work. Dickinson’s works of poetry like to incorporate many elements that help the overall structure of the poem. She uses grave detail inside some of her stanzas that support each other and reflect back to the reader’s minds so they have a detailed perspective of the scenes in the poem. For example, in â€Å"Because I Could Not Stop for Death† of stanza three, Dickinson creates this scenery where she is crossing through town but does not just tell the reader but creates thisShow MoreRelatedAnalysis of Because I Could Not Stop for Death2013 Words   |  9 Pagesbeen approached in many different ways. Emily Dickinson is one of the numerous poets who uses death as the subject of several of her poems. In her poem Because I Could Not Stop for Death, death is portrayed as a gentleman who comes to give the speaker a ride to eternity. Throughout the poem, Dickinson develops her unusual interpretation of death and, by doing so, composes a poem full of imagery that is both unique and thought provoking. Through Dickinsons precise style of writing, effective useRead MoreHow Fa Has the Use of English Language Enriched or Disrupted Life and Culture in Mauritius15928 Words   |  64 PagesREADINGS CLOSE READINGS Post your close reading posts here. Share this: †¢ Twitter †¢ Facebook †¢ Like this: Like Loading... [pic] 26 Comments on â€Å"CLOSE READINGS† 1. [pic]John Cooper says: July 13, 2011 at 3:36 pm Emily Dickenson’s poem â€Å"Because I could not stop for Death† details the events the narrator experiences after dying. In the poem, the narrator is driven around in a horse-drawn carriage to several places, including a schoolyard, a field of wheat, and a houseRead MoreAmerican Literature11652 Words   |  47 Pagesthey use a variety of tools to enrich their purpose, and these tools are the elements of poetry. The combination of elements the poet uses makes up the code of the poem. Analysis means literally picking a poem apart--looking at elements such as imagery, metaphor, poetic language, rhyme scheme, and so on--in order to see how they all work together to produce the poem s meaning. By looking at a poem in terms of its elements, one decodes the poem. This guide is to help readers learn what to look for

Complexity Theory as Applied to Nursing Essay - 4022 Words

Complexity Theory as Applied to Nursing, 2005 Abstract Many conventional ideas about the world we live in have been shaken to their foundations by the emerging concepts of chaos and complexity. Insights are now being gained from the application of complexity theory into phenomena varying in scale from the natural sciences such as biology to the concept of caring in the nurse-patient relationship. These new scientific ideas have significant implications for the theory and practice of nursing. This paper will cover four key concepts from complexity theory that will be introduced as relevance to nursing. These include: unpredictable dynamic systems; the whole is greater than the sum of its parts; fuzzy and permeable boundaries;†¦show more content†¦If nothing is done, body mass will decline at a steady and predictable rate due to a catabolic metabolism. However, dynamic systems can produce startling variability over short time-scales due to their sensitivity to feedback. This variability can make the system appear chaotic and unpredictable, rather like the weather. However, computer analysis of such systems reveals that there is a deeper underlying order within the apparent chaos. There are rules governing the behavior of the system over a short range in space and time, therefore it is referred to as deterministic or predictable chaos. The challenge is to discover the rules and determine how they operate so that we might gain insight into the apparently chaotic behavior before us. Deterministic chaos should be distinguished from unpredictable chaos which refers to random fluctuation or background noise, often distractingly superimposed upon the bigger picture. This is often the case over long ranges and periods of time and cannot be predicted. It is not possible in human experience (Stacey, Douglas, Shaw, 2002). An individuals health behavior is influenced by feedback from his or her actions. Small decisions made today can have major, unforeseen consequences tomorrow. A moments reflection also reveals that the health care system and nursing has the characteristics of a dynamic system in that what happens today affectsShow MoreRelatedSymptom Management Theory ( Smt ) Of The University Of California1560 Words   |  7 PagesSymptom Management Theory The symptom management theory (SMT) of the University of California, San Francisco (UCSF), was revised by its faculty and students in 2001 (Smith Liehr, 2014). According to Dodd et al. (2001), the subjective experience that suggests alterations in an individual’s functioning, sensation, and cognition is called a symptom. Dodd et al. state that their theory provides a nonspecific symptom management model to guide nursing practice and research. The SMT has three overlappingRead MoreThe Complexity Of Complexity Science984 Words   |  4 PagesComplexity Science According to Butts and Rich (2015), complexity science is a knowledge founded on physics and mathematics that operates using basic principles to elucidate the connection between variables. Butts and Rich add that complexity science is a developing field of interest that is catching the attention of scholars from different disciplines because it provides a different viewpoint on various phenomena of interest. According to Sturmberg and Martin (2009), although there has been anRead MoreThe Development Of Middle Range Theory1474 Words   |  6 Pagesstarted to incorporate nursing theories into their research and clinical practices. The most of the early theories fell into category of â€Å"grand theory†. While nursing researchers initially tried to utilize the grand theory in to their research, due to its wide range of information it made the effort difficult. The development of middle range theory started to emerge in attempt to incorporate in nursing research and practice. Mi ddle range theory extend the understanding of nursing practice relevant toRead MoreTheory Analysis Essay712 Words   |  3 PagesNotes The ultimate goal of theory evaluation is to determine the potential of the theory to scientific knowledge. Hardy †¢ Theory evaluation: o meaningful and logical adequacy o Operational and empirical adequacy o Testability o Generality o Contribution to understanding o Predictability o Pragmatic adequacy Logical adequacy (diagramming) - identifying all theoretical terms (concepts, constructs, operational definitions, referents). Theory is a set of interrelated concepts and statements Read MoreThe Synergy Model For Patient Care1380 Words   |  6 Pagescare is a nursing model that is widely used in evidence-based research and nursing practice. This model is predominantly used in the critical care setting and was created as a framework for certified nursing practice (McEwen, 2014). Theory Classification It is categorized as a middle range theory, but according to McEwen (2014), it is considered a high middle range theory (Hardin, 2013). A high middle range theory is defined as â€Å"being the most abstract and nearest to the grand theories† (McEwen,Read MoreBertalanffys Systems Theory vs. Everett Rogers Diffusion of Innovation Theory1256 Words   |  5 PagesSystems theory versus diffusion of innovation theory Discuss the relationship between Bertalanffys systems theory and healthcare delivery in the U.S. Ludwig von Bertalanffys systems theory was not created as a healthcare-specific theory, although Bertalanffys concepts have been extremely influential in the medical field. Simply put, his theory is that the whole is greater than the sum of its parts. Von Bertalanffy was not a biologist but he believed that the biological principles of cellularRead MoreTheory / Author Name And Background1361 Words   |  6 PagesTheory/author name and background Theories are used in nursing practice for various reasons to describe, explain, predict and prescribe. Grand theories (or conceptual models), provide a framework model for clinical practice, education, administration, methodology, and discipline inquiry, however, they cannot be applied directly to practice. As an alternative, middle-range theories are the ones that are applied directly into nursing practice and they must be consistent with the adopted conceptualRead MorePender s Health Promotion Model1128 Words   |  5 Pageson eight beliefs that can be assessed by nurses and are critical points for nursing interventions (Pender, 2011). The model posits that each person has unique personal characteristics and experiences that impact future actions. The Expectancy-Value Theory and the Social Cognitive Theory are the underlying theories of Pender’s model and are important in understanding the concepts she defines. The Expectancy-Value Theory proposes that the individual engages in actions to achieve goals that are perceivedRead MoreQuality Dimensions And Measures Tables882 Words   |  4 PagesQuality Dimensions and Measures Tables In 2000, a Cincinnati nursing home had an unfortunate accident in which a bottle of nitrogen was mistaken for pure oxygen. As a result, four residents passed away. This situation provides an opportunity for organizations to look at how their processes may lead to potential failures. It is also important to understand how certain conditions can influence errors and violation within the workplace. In this incidence, OSHA turned the case over to the FDA forRead MoreVirtual Reality and Nursing Essay1016 Words   |  5 Pagesreality is to help the user relate, assess, as well as manipulate the environment, which is computer generated (Weiss, and Jessel, 1998). The practice and use of computerized capability is swiftly increasing in nursing school and in healthcare. An evolving computer technology tactic for nursing learning is the application of virtual reality simulation. This computer built three dimensional information tool mimics patients in real life in a safe environment, allow ing recurring rehearsal sessions, it

Personality Theory - 2846 Words

personality theories, types and tests personality types, behavioural styles theories, personality and testing systems - for self-awareness, self-development, motivation, management, and recruitment Motivation, management, communications, relationships - focused on yourself or others - are a lot more effective when you understand yourself, and the people you seek to motivate or manage or develop or help. Understanding personality is also the key to unlocking elusive human qualities, for example leadership, motivation, and empathy, whether your purpose is self-development, helping others, or any other field relating to people and how we behave. The personality theories that underpin personality tests and personality quizzes are†¦show more content†¦Understanding personality - of your self and others - is central to motivation. Different people have different strengths and needs. You do too. The more you understand about personality, the better able you are to judge what motivates people - and yourself. The more you understand about your own personality and that of other people, the better able you are to realise how others perceive you, and how they react to your own personality and style. Knowing how to adapt the way you work with others, how you communicate, provide information and learning, how you identify and agree tasks, are the main factors enabling successfully managing and motivating others - and yourself. Importantly you do not necessarily need to use a psychometrics instrument in order to understand the theory and the basic model which underpins it. Obviously using good psychometrics instruments can be extremely useful and beneficial, (and enjoyable too if properly positioned and administered), but the long-standing benefit from working with these models is actually in understanding the logic and theory which underpin the behavioural models or personality testing systems concerned. Each theory helps you to understand more about yourself and others. In terms of motivating others you cannot sustainably impose motivation on another person. You can inspire them perhaps, which lasts as long asShow MoreRelatedPersonality And Theory Of Personality Essay2250 Words   |  9 PagesPersonality Examined Personality is deeply complexing subject that cannot be easily summed up. There is no concrete right answer, or only one way to evaluate any given subject, as every aspect of personality has more than one view point or angle. Famous psychologists such as Freud, Adler, Jung, Erickson, Eysenck, and Skinner all shaped and conducted the research that would come together and be taught to generations as the foundations of personality and the theory of personality. To better understandRead MorePersonality Theory And Personality Theories1441 Words   |  6 PagesIntroduction Personality can be defined in many ways due to the individual and unique aspects of personality, and there is yet to be a definitive answer for what personality is and how it comes into being. Generally personality can be defined as the relatively constant, individual and unique characteristics and traits which present themselves to others in different circumstances. Due to the many unknown factors of personality psychologists have suggested many ways in which personality is created,Read MoreTheories Of Personality And Personality1039 Words   |  5 PagesTheories of Personality At one point in life, at a young age or as a resident in an elderly home, the question of who am I will arise. It is a convoluted mesh of thoughts and feelings that a person will go through before coming up with an answer. Some people may even experience cognitive dissonance in trying to explain different stages of life, while others will be comfortable in responding instantaneously with minimal cognition. In going through this process and drawing up the ‘who am I’ andRead MorePersonality Theory : Personality Theories2989 Words   |  12 Pages Personality Theories Personality Theories: Of the many varieties of personality theory on offer, do you think any offer distinct advantages over the others, and if so, why? The personality of the man has been under study since the existence of man himself. It has been hard to understand the human personality due to the fact that one man is different from another. There are different aspects of life that have made the study of the human personality to be a challenge. Such factors include cultureRead MorePersonality Theory And Personality Theories3650 Words   |  15 PagesPersonality is the unique, relatively enduring internal and external aspects of a person’s character that influences behavior. Personality is something we deal with on a daily basis. We question people s behavior based on their motivations; like what childhood experiences did they go through to make them behave in a certain way. Many personality theorists present their own definitions of the word, personality, based on their own theoretical positions. These theorists try to explain people’s actionsRead MorePersonality Theory And Personality Theories1845 Words   |  8 P agesIt is important for psychologists to understand the factors of personality to understand cognitive, emotional and behavioural characteristics required when treating clients. Personality is described as a range of characteristic that controls the way a person thinks, feels and acts that deliver coherence and direction in one’s life. A group of theorists once said, â€Å"each of us is in a certain respect like all other people, like some other people and like no other person who has lived in the past orRead MoreThe Theory Of Personality Theories2646 Words   |  11 PagesThe personality theories available, as a collective whole, allow for the complete analysis of the developing personality of an individual. The emphasis of this specific paper focuses on the development of the author, Bryan Barker’s personality. The theories that will be discussed in the relation to the development of personality are the Big Five trait theory, with emphasis on neuroticism, a phenome nological approach, and finally the learning and cognitive approaches. A synthesis of the approachesRead MorePersonality Theory Of Personality Development1325 Words   |  6 PagesMany personality theorists offered different explanations for human behaviors as well as established specific stages of personality development. However, person centered theory does not have a theory of personality structure, rather believes that it is essential to follow certain principles in order to develop the self-concept. Rogers’s theory of personality is based on the notion that all individuals have the innate ability to reach actualizing tendency and establish a self-concept, which is congruentRead MoreCarl Rogers’ Theory Of Personality. Personality Theories1093 Words   |  5 PagesCarl Rogers’ Theory of Personality Personality theories suggest explanations for behaviors and how to change them. Multiple personality theories exist however one of the most interesting is the theory of personality by Carl Rogers. Rogers writes, â€Å"the core of man’s nature is essentially positive† (1961, p.73). â€Å"Carl Ransom Rogers (January 8,1902- February 4, 1987) was an influential American psychologist who, along with Abraham Maslow founded the humanistic approach to psychology† (â€Å"Carl,† 2017,Read MorePersonality theory1733 Words   |  7 Pagescore personality traits described in the big five theory of personality. This trait is characterized by sociability, assertiveness, emotional expressiveness and excitability. People who are high in this trait are often described as being outgoing ad talkative, while those low in this trait are described as quiet and reserved. An extroverted disposition ; concern with what is outside the self rather what is inside. Introversion is one of the major personality traits identified in many theories of

The Use Of Dna Databasing Is Not Only A Controversial Subject

The use of DNA databasing is not only a controversial subject, but a very complex one. On the surface, the Fourth Amendment seems to guard against keeping a database full of individual’s DNA without their will. However, DNA databasing has been used successfully to solve crimes, as well as prove people’s innocence. Does this fact allow investigators to use DNA without a person’s full consent for the greater good? The concept of bodily autonomy says no, but laws and court cases have been interpreted as to say keeping DNA databases are lawful. The morality of keeping DNA databases are up to interpretation of various factors. The purpose of DNA databasing is to assist investigators in solving crimes, as shown by several states’ codes on DNA databasing. Each code has specific criteria and when and why DNA should be taken. The North Carolina code says, â€Å"The Crime Laboratory may contract out DNA typing analysis to a qualified DNA laboratory that meets guidelines as established by the Crime Laboratory.† (DNA Database and Databank Act, 1993) It says nothing about whether the person who donated the sample could have a say in what happened to it. This allows the possibility of the government to infringe upon a suspected criminal’s rights. In the Alabama code, multiple scenarios that can benefit from DNA databasing are listed, but one in particular is intriguing: The DNA of an individual can be taken if it â€Å"assist[s] in other humanitarian purposes including the identification of

My Future in Law Enforcement Essay Example For Students

My Future in Law Enforcement Essay The entry level position that I would like to attain upon graduation from college would be in a medium to large sized police department, or a job in a federal law enforcement agency such as the ATF or the US Marshalls. If I dont get a job in a federal agency, I would like to work in a police department in the cities or Duluth. I am also planning on applying to the FBI as soon as I gain my three years of work experience that they require. According to the General Occupational Themes, I have a strong interest in investigative and social aspects and some interest in enterprising. The investigative and social parts will definitely be of help in law enforcement. The investigative area will help in solving cases, and the social part will be useful in working with different people and listening to their complaints and their side of the story. According to the personal style inventory, I am an INFP (introversion, intuition, feeling, perceiving). The I, F, and the P are all qualities that are helpful for a career in law enforcement. I have been preparing for a career in law enforcement by double majoring in criminology and sociology and getting my minor in psychology. I have taken many courses that are related to my potential field, like law enforcement administration, law enforcement and society, delinquency and juvenile justice, correctional continuum, deviance, research methods, sociology of rape, social psychology, law and society, social stratification, sociology of criminal law, abnormal psychology, developmental psychology, and psychology of food abuse. I am also planning on taking psychology of drug abuse, sociology of gangs, correctional agency administration, Victimology, criminal investigation, criminal evidence and procedures, and Minnesota statutes and traffic laws. I have also attended a Minnesota Corrections Association training seminar, which had classes that are applicable in the law enforcement world as well as corrections. I have spent time watching court proceedings this past summer because I have a friend who is a judge. This past summer I took a handgun safety and familiarization class, and I have been shooting a few more times to get used to firing different kinds of handguns. My internship will give me a wide range of experience of police operations. I will most likely get to see every area in the police department, as well as working with city council and the people of the community. I will gain experiences working with all sorts of different people, which will be a great deal of help when I graduate and get a job. I would have this internship help me grow in several areas, knowledge, skills, and personal development. I would like to know more about policing and how the police environment operates. I want to learn how police officers act in different settings with different types of people. I want to learn the training that the officers go through, both before they become an officer, and during the course of their occupation. I would like to see what kind of skills I may need to learn to become a good officer. I would also like to become more self-confident in interacting with different people. I hope that I will not be intimidated by working with police and many people in authority, and if I am intimidated that I would learn how to not be intimidated. I would also like to make sure that I could remain calm and function normally in various stressful situations.

Business and Corporations Law Seperate Legal Studies

Question: Discuss about the Business and Corporations Law for Seperate Legal Studies. Answer: 1. A company has a separate legal status. In the case of a company, the liability of the owners, that is, the shareholders is limited to the amount unpaid on the number of shares held by them. On the other hand in case of a sole tradership business, the liability of sole trader who is the owner of the business for the debts of the business is unlimited[1]. If David incorporates Daves Boating Pty Ltd, then the individual would owe to the company only the amount left unpaid on the shares held by him in the company. David would not be personally liable for the debts incurred by the company. A company can appoint individuals as its agents who can enter into contracts and make sales on behalf of the company[2]. In this case Dave would not be held personally liable for any liabilities or obligations arising out of contracts entered into by such agents of newly formed company Daves Boating Pty Ltd. On the other hand if Dave is operating as a sole trader and enters into contracts on behalf of the business, then Dave would be personally liable for any such contracts as there is no legal difference between the owner and the business in case of a sole tradership. If Dave gets the individuals business registered as a company, the person would still be the owner of the business as holder of shares of the new company. Moreover, Dave would be entitled to a part of profits in the form of dividends. 2. David would have to choose a name for the company which is not identical to the name of an existing company. Further the individual would have chosen the type of company the person wants its business to be, like a public or private company or a not for profit company. Then the individual would have decided that the company would be governed by its own constitution or replaceable rules or combination of both. Further the individual is required by law to understand the persons obligations like maintain records of the company as its officeholder. Then the individual would have had to obtain consent of future directors, secretary and members of the company. David would have to submit an application with Australian Securities And Investment Commission in the prescribed form in accordance with the provisions of Section 117 of Corporations Act 2001 for the registration of Daves Boating Pty Ltd[3]. This application would contain information like the type of company to be registered, its proposed name, names and addresses of its proposed members, address of its proposed registered office and place of business. After the above application is processed by Australian Securities And Investment Commission, it would issue the company an ACN, register the company and give it a certificate of registration along with the corporate key. A companys internal management would be done according to the provisions of Corporation Act 2001 (Replacement rules), its constitution or a combination of both[4]. A companys constitution mentions the rules that its directors and members will follow with regard to their actions that influence its functioning. The constitution defines the relationship of these entities with the company. David would also have to construct a constitution, a document containing rules for internal management of Daves Boating Pty Ltd. A company can adopt a constitution before or after its registration. If Dave wants to adopt a constitution before the registration of the company, then a written consent of each member would be needed. If the constitution is to be adopted after registration, a special resolution of the members of the company is needed according to the provisions of the Corporation Act 2001. 3. Area of law applicable David entered into the contract with Perth Sea Rescue on behalf of Daves Boating Pty Ltd. As given this contract was entered in January 2016 and Daves Boating Pty Ltd got registered as a company in July 2016. In this case the relevant law is section 131 of the Corporation Act 2001 in which it is given that if a person enter into a contract on behalf of a company that has still not come into existence that, is, has not been registered by Australian Securities And Investment Commission, then the person would be personally liable for the contract unless the company is formed and it ratifies this contract within agreed or reasonable time. If this happens the company would be responsible for carrying out its obligation under the contract[5]. Discussion of law and relevant cases According to section 131 of the Corporation Act 2001 a person entering into a contract on behalf of a company that does not exist would be held personally liable if the company after coming into existence does not ratify and perform its obligations under the contract. In the past there have been cases where the individual entering into a contract on behalf of a non existing company could escape liability on the basis that a non existing company has no legal status and cannot enter into a contract. So the contract is not binding on the company as well as the person who claimed to be an agent of the company. This becomes clear in a judgement in a case Black V Smallwood Cooper (1966) where the High Court of Australia decided that there was no personal liability of persons who claimed to be agents of a non existing company and entered into a contract with two persons to work as directors of the company. In another case Newborne V Sensolid (GB) Ltd [1954] tinned ham was sold to Sensolid by a person in the name of a company that did not exist. Sensolid refused to take delivery of tinned ham and the contract could not be enforced as the company selling the product did not exist, had no legal status and could not enter into a contract[6]. The provisions of section 131 of the Corporation Act 2001 are meant to discourage promoters from entering into irresponsible contracts before the registration of the company by making them personally liable for such contracts. Application of law to given case Dave entered into the contract with Perth Sea Rescue in January 2016 when Daves Boating Pty Ltd was not yet registered as a company. According to Australian Law, a company which is not registered, does not exist in the eyes of law and does not have the legal capacity to enter into a contract even through an agent. But if the company is formed subsequently and someone has entered into a contract on its behalf before its registration, the company can ratify this contract. So the personal liability of Dave for the above contract depends on whether the members of Dave Boating Pty Ltd after its registration, approve the contract or not. Section 131 (4) of the Corporation Act 2001 provides that even if the company ratifies such a contract but fails to perform its obligations under the contract, the person, in this case, Dave would be personally liable for the contract. Conclusion The provisions given in section 131 of the Corporation Act are fair because a company is owned by its shareholders who should have an ultimate authority to enter into a contract on its own or give certain powers to its agents to enter into contracts on its behalf. Therefore any contracts entered into by a person on its behalf before its registration should need the approval of the members of the company after its formation to encourage more responsible behavior from promoters. 4. Area of the law applicable According to Australian common law, a company has contractual capacity to the extent provided by the constitution of the company[7]. Those parties that enter into an agreement with the company with the purpose of forming a valid contract should be aware of any restrictions contained in the constitution of the company. In this case constitution refers to a document that contains the rules that govern the internal management of the company. However section 124 of the Corporations Act 2001 (Cth) provides same legal capacity to a company as an individual in the form of power to enter into a contract[8]. A company can enter into a contract either by using its common seal (Section 127(2) ) or through an agent acting on behalf of the company. According to section 125(2) an agreement by a company with outside parties will not be an invalid contract just because it is beyond the scope of the companys constitution. Such a company would not be able to escape its obligation under the contract if the court of law decides that the outside party had acted in good faith and was not responsible for any irregularities being committed in the other company or done by its agent[9]. In the given case, the court of law would decide whether the contract between Daves Boating Pty Ltd and Bioplastic Ltd is enforceable or not on the basis of the above provisions of the law. Section 129 provides for the protection of outsiders who have entered into a contract with the company through its agent which has acted beyond the persons authority. This is similar to the rule of Indoor Management. Discussion of law and relevant cases The Australian law has made provisions for protecting the rights of outside parties which enter into a contract with a company on the basis of good faith. The judgements in Australian courts in such cases have been based on case Royal British Bank Vs Turquand[10]. The judgement in this case led to the development of what came to be known as Indoor Management Rule. In this case Royal British Bank sued Turquand, the official manager of a company in Britain. A loan of two thousand pounds had been taken from Royal British Bank by Turquands company by issuing a bond which carried the common seal of the company and signatures of two of its directors. The company sought to escape its liability on the loan by arguing that any such loan by the company needed to be approved by a resolution of its shareholders in the general meeting. The company asserted that no such resolution had been passed. The judge held in this case that the company was liable to Royal British Bank for repayment of the loan as the bank was not supposed to be aware of the internal irregularities in the company regarding the procurement of the loan. The bank had advanced the loan in good faith and the other company should repay. The above provision contained in section has diluted substantially the application of doctrine of ultra vires in such cases, which states that companies cannot do what is beyond its powers or contents of the object clause of its constitution. The ultra vires assumption was applied in a case Ashbury Railway Carriage Iron Co. V Riche. In this case the company entered into a contract to construct actual railway when its object clause permitted making only actual railway. The contract was held ultra vires and thus void by court of law[11]. Application of law to the given case As given in the case, the sales manager of Daves Boating Pty Ltd entered into a contract with Bioplastic Ltd for purchase of high tensili plastic machine. Now the company is arguing that this contract is unenforceable. Each of the reasons given by Daves Boating Pty Ltd has been discussed below. The first argument provided by Daves Boating Pty is that the given contract is invalid because its constitution provides that it can make only fibre glass boats[12]. This argument by is not sufficient. In this case Bioplastic Ltd entered into the contract in good faith believing that the other company was acquiring the plastic machine for carrying out its usual business activities. There were no circumstances to create suspicion in Bioplastic Ltd regarding the contract and the company need not have made any further enquiries. Moreover, the sales manager did not mention to Bioplastic Ltd that the plastic machine was being purchased to make plastic boats, an act not allowed by the constitution. So the circumstances are similar to the case Royal British BankVs Turquand[13] , the contract is enforceable. The second argument put forward by Daves Boating Pty is that its contract with Bioplastic Ltd is not valid because Angela, its sales manager had no authority to purchase $ 40000 machine[14]. This argument by Dave Boating Pty Ltd is invalid. It is given that the constitution of Dave Boating Pty Ltd contains that the sales manager could make purchases upto $ 25000 without the approval of the managing director of the company. But the managing director could have approved purchase of $ 40000 by the sales manager. But the individual did not do so. Bioplastic Ltd is not expected by court of law to know about how the day to day activities of Dave Boating Pty Ltd are being carried out. The former is not expected to keep itself informed of any irregularities being committed in Daves Boating Pty Ltd, nor it can be held responsible for them. Daves Boating Pty Ltd would not be allowed to escape its liability under the contract on the basis of any such irregularities. Conclusion The contract between Daves Boating Pty Ltd and Bioplastic Ltd would be held enforceable. The Australian law has also drawn from the judgement given in the case of Royal British Bank Vs Turquand and the Indoor Management rule. The provisions given in the Australian law have been made to protect the rights of parties like creditors and customers who enter into contracts with a company. This protection for such parties by law seems justified but the rights of the companies also need not be ignored by law. Referencing Accountlearning.com, What Is Ultra Vires? (21 October 2016) https://accountlearning.com/doctrine-of-ultra-vires-objectives-effects-ratification-types/ Australian Contract Law.com, Capacity To Contract (21 October 2016) https://www.australiancontractlaw.com/law/formation-capacity.html Australian Securities And Investments Commission, Constitution And Replaceable Rules (21 October 2016) https://asic.gov.au/for-business/starting-a-company/constitution-and-replaceable-rules/ Australian Securities And Investments Commission, Starting A Company How To Start A Company (21 October 2016) https://asic.gov.au/for-business/starting-a-company/how-to-start-a-company/ Clarkson, Kenneth and Miller, Roger, Business Law: Text And Cases (Cengage Learning, 13th ed, 2015) Furmston, Michael, Law Of Contract (Oxford University Press, 16th ed , 2012) Legal Process Outsourcing Services, Pre- Incorporation Contracts : Legal Enforceability (21 October 2016) https://legalonline.blogspot.in/2011/03/pre-incorporation-contracts-legal.html Lexology.com, The Indoor Management Rule Explained (21 October 2016) https://www.lexology.com/library/detail.aspx?g=469212cf-f6d8-458d-8a5d-2722c5d4ba99