How to write a essay
Marine Life Research Paper Topics
Tuesday, August 25, 2020
Death of a Salesman: Discuss the importance of dreams in the play Essay
In Death of a Salesman, there are a few kinds of dreams that are obvious. These are the expectations and aspirations of the characters, wanders off in fantasy land dreams and recollections and national and social dreams, for example, the American Dream. Dreams are a significant piece of the play. They spur the characters into their activities and clarify their conduct both previously and the ââ¬Ëreal timeââ¬â¢ that the play is set in. The fantasies likewise influence how the entire play is organized. The play is set in the time after the American Dream had begun to blur. This is significant, on the grounds that Americans no longer put stock in it. Willy thought that it was difficult to acknowledge that his children didnââ¬â¢t have confidence in what he had accepted for his entire life. The American Dream influenced all Americans when Willy Loman was more youthful, and despite the fact that Willy fell foul of the framework, he was a lot of influenced by it when he was a youngster, and it is still with him. The American Dream was a perfect, which indicated the longings of individuals who needed to kick off something new in a creating nation, to acquire and set aside their cash and appreciate an agreeable way of life and to work for themselves. The significant variables of the American Dream, were having the best of everything, being fruitful and famous, having cash to spend, and the perfect of rustic living near nature, just as claiming your own business. Industrialism was a lot of connected to this. Publicizing was being utilized for the absolute first time, on announcements, radio and even TV. Large scale manufacturing empowered more extensive accessibility, and sales reps were being utilized less and less as individuals purchased on layaway at across the nation stores. A few people figured out how to be fruitful inside this general public. Others experienced expanded strain to succeed and a sentiment of deficiency and disillusionment in the event that they were not procuring enough and are subsequently couldn't accepting the best of everything. Entrepreneur society likewise prompted individuals being laid off when they were not, at this point monetarily helpful, as happens to Willy in the play. These are on the whole significant thoughts in Death of a Salesman. Willy experiences the new society and blows up when the cooler breaks more than once and he can't stand to just supplant it. To Willy it is significant that he has the best of everything and it is significant that he is effective and mainstream and he alludes to this multiple times during the play. ââ¬Å"Heââ¬â¢s loved, however heââ¬â¢s not well liked.â⬠Willy not just needs to be the best, he needs to be regarded. His language discloses to us that he doesn't have a favorable opinion of the individual that he is discussing. He is very deigning. The repeat of purchaser products in the play, for example, the vehicle and ice chest, disclose to us that these things are vital to Willy, in light of the fact that they are a piece of his social standing. Be that as it may, these things are not all that essential to Linda. She is progressively worried about Willy and her children. Material articles don't make a difference to her, she is too stressed over Willyââ¬â¢s satisfaction. All the male characters in the play are influenced by the American Dream and feel the strain to succeed. Willy and Happy, especially, endeavor towards something that would not really ever satisfy them throughout everyday life. Biff addresses the American Dream and appears to defy it. He needs a straightforward life, since he has seen what the American Dream has done to Willy and he has never subsided into anything, along these lines. He doesnââ¬â¢t need to wind up like Willy. Biff challenges the American Dream along these lines, since he doesnââ¬â¢t need the items that make up the way of life. The lifestyle around America by and large, was materialistic. Individuals must be believed to possess everything. Every individual from the Loman family has various expectations and aspirations, which have transformed from the past into the present. Willy has a great deal of expectations and aspirations, the greater part of which are unreasonable and are in his creative mind. He generally had huge designs for himself, and in one of his recollections, we see him tell Happy and Biff his primary desire throughout everyday life. ââ¬Å"Someday Iââ¬â¢ll have my own business, and Iââ¬â¢ll never need to venture out from home anymore.â⬠Willy is consoling himself of his fantasy and that one day it will work out as expected, as opposed to the young men. He discusses the future, and the utilization of the word ââ¬Å"somedayâ⬠immediately causes us to feel this is a fantasy. Willy needs to be the best and regularly communicates this in one he had always wanted. ââ¬Å"Bigger than Uncle Charley.â⬠Charley is by all accounts the one individual that Willy needs to beat and he is serious towards him. Towards the finish of the play, Willy is as yet attempting to promise himself that he is the best. ââ¬Å"I am not extremely common! I am Willy Loman.â⬠Willy still urgently needs to succeed and pick up the regard of Biff. He utilizes an ordinary expression, and attempts to promise himself that he isn't just a regular expression or individual. He is in any case, starting to surrender expectation and it is soaking in that he is not much. Biff has altogether different dreams to Willy, in light of the fact that he is attempting to think outside the box that Willy has made for him. Biff tried to do what Willy needed him to before all else, yet he loses regard for Willy and his fantasies change. ââ¬Å"I went through six or seven years after secondary school attempting to work myself up.â⬠Biff did this for Willyââ¬â¢s purpose, to substantiate himself to Willy. Biff talks in past tense, since he is done attempting to develop himself, to substantiate himself to Willy. Biff feels now, that since he hasnââ¬â¢t done what was anticipated from him, he has squandered his life. ââ¬Å"Iââ¬â¢ve consistently tried not squandering my life, and each opportunity I return here I realize that all Iââ¬â¢ve done is to squander my life.â⬠Biff feels that he has squandered his life when he returns home, in light of the fact that Willy causes him to feel thusly, while, as a general rule, Biff hasnââ¬â¢t had the option to settle down. Glad cheerfully acknowledged the job that Willy made for him, since he was rarely aspiring, and it fit him. Cheerful has been very fruitful, and has a large number of the things he generally needed. Be that as it may, he has discovered that not all things are comparable to it appears when you donââ¬â¢t have it. ââ¬Å"But at that point, itââ¬â¢s what I generally needed. My own condo, a vehicle, and a lot of ladies. What's more, still, goddammit, Iââ¬â¢m lonely.â⬠Cheerful has got what he needed, yet he understands that once you have all that you need itââ¬â¢s not the equivalent, and on the off chance that you donââ¬â¢t have somebody to cherish, you get forlorn. He understands that individuals are what is important, not objects, yet toward the end, he moves from this once more. Upbeat swears, on the grounds that he is attempting to pass on to Biff his point. Upbeat follows the American Dream and frequently considers him and Biff having their very own organization. ââ¬Å"The Loman Brothers, heh? â⬠¦ Thatââ¬â¢s what I long for Biff.â⬠Cheerful needs his own business, as did Willy, yet he needs it with Biff. He asks Biff an inquiry, since he needs Biff to promise him that his fantasy is the correct dream. Linda Loman is a basic character, and is, regardless of anything else, faithful to Willy and his expectations and thoughts. She wants just to be content with what she has, and she needs Willy, Biff and Happy to be prosperous, content and satisfied with what they have accomplished. She has never completely seen Willy or her children, and their longing for opportunity away from the city confounds her. She might want to be liberated from budgetary concern, and sees her life in the city, not anyplace else. Lindaââ¬â¢s job is to depict the run of the mill American lady. She is dedicated to her significant other and remains at home to take care of the family. She fits in with the American dream, which is appeared in the play. The expectations and desire of the characters are not all exceptionally sensible. Linda is the pragmatist in the family, and concurs with Willy to keep him upbeat. The characters all live their lives around their expectations and aspirations. They treat others as though they ought to have indistinguishable expectations and desire from them. A portion of the fantasies of the characters are essential to them, and this is on the grounds that these fantasies are the main way that they can get away from their existence. They are despondent, yet these fantasies fulfill them. Biff altogether changes his fantasies and desire after some time. At the point when he was youthful, he needed to resemble Willy and regarded Willy a lot. At the point when Biff discovers that he has failed at school, he goes to see Willy, who is away on an excursion for work, and discovers him with a youngster. This decimates Biffââ¬â¢s picture of Willy as his guide and adoring dad. Biff never recuperates from this, and a short time later, defies Willy and all that he has been in Biffââ¬â¢s life. Different characters don't change their fantasies as altogether. Cheerful understands that he is stuck in an impasse work, yet he can't get away, and doesn't wish to do as such, in light of the fact that he is agreeable where he is. Linda still has her fantasies despite the fact that she no longer endeavors to accomplish them, since she has understood that her children currently lead their own lives. Willy still needs to be the best, and thinks that its exceptionally difficult to acknowledge that he is becoming unreasonably old for his activity. Toward the finish of the play, Willy ends it all, and at his burial service, Biff says ââ¬Å"He had an inappropriate dreams. All, all, wrong.â⬠Biff accept that Willy had an inappropriate dreams, though, Willy had the correct expectations, he simply pointed excessively high. Biff is persuaded that his fantasies are the correct lifestyle, and that Willy was childish and living under a fantasy. Biff utilizes the word ââ¬Å"wrong,â⬠which drives us into accepting that Willyââ¬â¢s dreams were in truth wrong, in spite of the fact that we realize that Willy was only a survivor of the American Dream. Dreams bigly affect the structure of the play, as we see Willyââ¬â¢s dreams and recollections carried on before us as though they were flashbacks in a film, they are without a doubt flashbacks in Willyââ¬â¢s life. Willy is sixty, and as he gets more established, he recollects portions of his life in these flashbacks. He is reminisci
Saturday, August 22, 2020
Greek History Essays - Polis, Coin, Roman Currency,
Greek History Traditional Studies (OFC304C) Abilities Practice Task Short Answers 1) The hotspots for antiquated history are partitioned into four classes. Name every one of them, and quickly depict two of those classes. ?h Archeology: Archaic exploration is the science or investigation of history got from the proof of the relics and stays of early human societies as found mainly by precise unearthings. The Oxford Classical word reference characterizes antiquarianism as the investigation of the entire material culture. By this definition, archaic exploration is the investigation of history through the examination of substantial proof. for example streets, structures, figures, devices ?h Coins (Numismatics) Numismatics is the study of coins and decorations. As a source, coins are of specific significance. A great deal can be resolved concerning metal utilization, amount of metals, craftsmanship, personality (as far as starting point) and exchange. Coins were commonly made of gold, silver, electrum, bronze and copper. Very little has changed in the method of coins. The plans are effectively recognizable with respect to which period and starting point they had a place with. Also, the multifaceted nature of the plan work shows the overall capacity of the individuals of that time as far as workmanship. Roman coins can be discovered all over Europe. Considering this, it is conceivable to reason that Romans had contact with different nations. Additionally the amount of coins at a specific area could give some thought regarding the measure of exchange that existed. What's more coins are staggeringly solid, in this manner being a perfect hotspot for archeological proof. ?h Inscriptions ?h Literature 2) What was a Greek Polis? The Poleis were a collection of urban communities in an independent state. There are numerous sources that characterize the Polis in one manner or the different as a city-state. In all effortlessness, it is a network of residents (grown-up guys), ladies, kids, slaves and inhabitant outsiders. It was independent, had its own administration, constitution, special culture (religion, convention, etc) and a characterized domain. Some poleis were unbelievably little and others, for example, Athens and Sparta have been evaluated to have populace figures over a hundred thousand. In spite of the fact that they were individual Heles and battled each other as often as possible over the rare assets (concerning arable land, metals and so on.), they united to battle a shared adversary in the Persian Wars. 3) Did the geology of Greece influence the improvement of the Polis? How? The geography of Greece is rocky, rough and there are just little fixes of land that are appropriate for horticulture. Poleis were expected to be little, it was a reality that the Greeks couldn't bolster huge populaces because of an absence of food assets among different lacks. Socrates said that a perfect populace for a poleis would be that of 5000 residents, which thinking about of non-residents went to a figure of around 15000 to 20000 individuals. These absence of assets had constrained gatherings of individuals to wander and make states that could act naturally supporting and all the time those Poleis were arranged on the meager and isolated patches of reasonable land all over Greece. This later stretched out to islands and land that was far expelled from the Greek landmass. Not exclusively did the absence of assets influence them, yet the sheer physical divisions, which were the aftereffect of mountains and other normal land developments. These physical arrangements influenced the improvement of Poleis with respect to area. Numerous Poleis could be found close to the beach front territories where the ocean was open and the land less tough. 4) What was an Agora and for what reason was it significant in a polis? The Oxford History of the Classical World characterizes the public square to be a position of get together, a seat of equity and of government. The marketplace was the point of convergence for the citys regular issues and exchange of assorted types. Houses of ill-repute, staples, hair stylists and all degrees of business occurred here. A few Agoras were somewhat extensive, with measurements up to the size of 100m by 200m. Likewise there was a region known as the colonus agoraeus which was arranged by the slope close to the commercial center in Athens. Significant open structures and similarly significant open authorities were positioned here. Indeed, even of more noteworthiness was the Council House where the Boule sat. These were the oldest and most extravagant in the city (committee of
Thursday, August 6, 2020
Home Is Where the Red Phone Is
Home Is Where the Red Phone Is I donât enjoy traveling as much as some people. Unless Iâm touring (which Iâm doing at the time of this writing, and which I enjoy because the people are amazing) I tend to avoid extensive travel, opting instead to stay in my home town most of the time. All my clothes likely fit in a single suitcase, but I donât enjoy living out of a suitcase. I find value in traversing the globe, in discovering new cultures, in learning more about myself in the processâ"but I truly enjoy living in a home, a place I can call my own. The problem with homes, however, is once we establish a long-term dwelling, itâs easy to accumulate a bunch of junk we donât need. I built my first house when I was 22â"a feat that seems ridiculous nowâ"but its size was even more ridiculous: it contained three bedrooms, even though only my former spouse and I lived there; it had a huge basement, which was a great place to hide last monthâs discarded new possessions; it featured not only a gigantic living room, but also an âentertainment roomââ"which is just a fancy way to say, âroom with a too-large TV and expensive surround-sound system.â We think we must fill all our spaceâ"we must cram every corner nook and hidden cranny with supposed adornments. We believe if a room is nearly empty it is underutilized. So we buy stuffâ"silly stock paintings, decorative thingies, and IKEA furnitureâ"to fill the void. What weâre doing is attempting to establish the place in which we live as our home, an extension of ourselves. And so the logic goes: the more I buy, the more this place is my home. The problem with this line of thinking is itâs circuitous. Your home is your home for one reason: you call it your home. The stuff doesnât make it your homeâ"you do. If you need a reminder, do what I do: find one thing, something unique, and display it somewhere prominent. For me, itâs a red phoneâ"a relic from my twelve years in the telecom industry. Itâs a simple, beautiful design that stands out (the same phone is in the Museum of Modern Art), and whenever I see it, I know Iâm home. For you, your red phone could be a one-of-a-kind painting, a photograph, a childâs framed drawing. When you have a single reminder of home, everything else begins to look superfluousâ"even silly. What is your red phone? Read this essay and 150 others in our new book, Essential.
Saturday, May 23, 2020
Psychoanalytical Analysis of Bram Stokers Dracula
Carlos Dena Honors English 11 5/20/13 Critical Analysis on Dracula With several illicit subjects listed throughout Bram Stokerââ¬â¢s Dracula, the book becomes a playground for psychoanalysts. Whether it be to see a subjects as simple as the conscious take over a character, or a characterââ¬â¢s surroundings corrupting its victims, Dracula intrigues in more ways than just its vampiristic features. The following is a psychoanalytic study with a focus on vampirism imitating sexual practice and drug usage today while shining a light on the complex psychology of characters, and how even the author can influence the course of its story. Key Principle #1: Human activity is not reducible to conscious intent. The complexity of the human mind has alwaysâ⬠¦show more contentâ⬠¦Here, Harker has fallen victim to the vampireââ¬â¢s lustful attraction. This also demonstrates an undertone of eroticism within the story since the three vampires ââ¬Å"get much closer to Jonathan Harker than proper Victorian ladies shouldâ⬠(Pikula 291). Harker also seems to develop signs of paranoia. An early sign of this paranoia is when Harker accepts the rosary from the old lady at the inn before he continued on with his journey. He did not know how to react to this, stating in his journal that ââ¬Å"as an English churchman, I have been taught to regard such things as in some measure idolatrousâ⬠This shows the opening signs of paranoia, having neurotic ideas. He does not accept that he is the one going against his views, he instead decides to pin it on the old lady for being so kind in her offer. As he stays in Draculaâ â¬â¢s castle, Harker begins to feel trapped, as well stated on page 27. He fights this feeling in many ways. One that stands out though is his method of writing the letters heââ¬â¢s allowed to write by Count Dracula. He keeps them short and concise, for fear that the Count may read them. This demonstrates a fear of being watched, and can also be accounted for as paranoia. Key Principle #5: Characters in texts may also have a complex psychology. Another character worth analyzing is Renfield. Curiously enough, Renfieldââ¬â¢s Syndrome was a term coined by psychologist Herschel
Tuesday, May 12, 2020
Effect Of Contrasting Cultures On Amy Tan S The Joy Luck...
The Effect of Contrasting Cultures in Amy Tan?s ?The Joy Luck Club? Culture is best described as a common set of core values, traditions, and rituals that a specific group of people share. With that being said, as more and more cultures begin to blend together and migration becomes a larger part of modern life, new cultures are always forming and being adopted. Even though cultures are always changing, they can still be categorized according to two types of culture. The first type of culture is ?high? culture, which refers to a more aesthetic and advanced culture such as that of the Chinese.[endnoteRef:1] ?High? culture is usually characterized by refined and complex values, whereas the second type of dynamic culture, ?low? culture, is sometimes seen as less refined and aesthetic.[endnoteRef:2] In addition, ?low? culture refers to the general life and traditions in countries such as the United States.[endnoteRef:3] Not only are Chinese and American Culture defined in two distinct way s, but they also have completely different views on family, commitment, competitiveness, and much more. With that being said, Amy Tan?s esteemed novel ?The Joy Luck Club,? not only chronicles the struggles of melding traditional American and Chinese views, it also shows how the cultural differences that result lead to miscommunication and separation between the daughters and their mothers. [1: Joel Dubois, ?The Essential Element of Culture,? Arts and Ideas of Asia: Medieval and Modern, 2009,Show MoreRelatedHuman Oppressiveness in Two Kinds and AP Essay2357 Words à |à 10 PagesIt was Emerson who said it best, ââ¬Å"For nonconformity, the world whips you with its displeasureâ⬠(Porter 1155). With a detailed look of Amy Tanââ¬â¢s ââ¬Å"Two Kindsâ⬠and John Updikeââ¬â¢s ââ¬Å"AP,â⬠you will find that this quote is entirely applicable in the context of oppressiveness and in the likeness of ââ¬Å"coming of age.â⬠These two stories document the different p erspectives of two charactersââ¬â¢ growing up and how the role of the invisible hand of oppression guides developing adolescents into mature adults; withoutRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words à |à 1573 Pagesand permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please submit a written request to Pearson Education, Inc., Permissions Department, One Lake Street, Upper Saddle River, New Jersey 07458, or you may fax your request to 201-236-3290. Many of the designations by manufacturers
Wednesday, May 6, 2020
Succubus on Top CHAPTER 16 Free Essays
I rang Bastienââ¬â¢s doorbell for the third time and then glared peevishly at the house. Where the hell was he? I was a little earlier than our agreed meeting time but not significantly. I gave the door a petulant kick as I imagined Bastien ââ¬Å"held upâ⬠in the arms of some panting housewife. We will write a custom essay sample on Succubus on Top CHAPTER 16 or any similar topic only for you Order Now ââ¬Å"Heââ¬â¢s not here,â⬠said a cool voice nearby. I looked over and saw Dana standing there, a small leashed dog by her feet. It looked like the product of a tragic accident at the cottonball factory. ââ¬Å"Nice dog,â⬠I said. ââ¬Å"My sisterââ¬â¢s. Iââ¬â¢m taking care of him for a few days. You want to walk with us?â⬠No, but I had promised myself the other day that I would pick Danaââ¬â¢s brain to figure out how I might aid Bastien, and this seemed as good an opportunity as any. Besides, heââ¬â¢d kill me if he knew Iââ¬â¢d passed up a chance for ââ¬Å"reconnaissance.â⬠I fell into step beside Dana and the fluff ball, congratulating myself for the hundredth time on being smart enough to choose cats over dogs. Tutu ââ¬â yes, that was his name ââ¬â pranced along daintily, small tongue hanging out. His beady black eyes peered everywhere as he trotted merrily, but otherwise seemed oblivious to the wet sidewalk dirtying his tiny white feet. ââ¬Å"Howââ¬â¢s your rally going?â⬠I asked after weââ¬â¢d exhausted dog topics. ââ¬Å"Excellent. Iââ¬â¢m surprised you havenââ¬â¢t heard about it in the news. Weââ¬â¢re getting a lot of press.â⬠ââ¬Å"Havenââ¬â¢t paid that much attention to the news.â⬠She told me the date and time. ââ¬Å"Think you can make it?â⬠ââ¬Å"I think Iââ¬â¢m working that day,â⬠I said automatically. Dana gave me a knowing look. ââ¬Å"Tabitha, I get the impression youââ¬â¢re not entirely settled on that issue.â⬠You think? I looked away, again fighting the mental battle of speaking my mind versus causing trouble for Bastien. I finally opted for something that sounded vaguely like the truth. ââ¬Å"I just thinkâ⬠¦thereââ¬â¢s a lot of different ways to look at it, thatââ¬â¢s all.â⬠ââ¬Å"Itââ¬â¢s okay to be unsure, you know.â⬠That was astonishing, coming from her. ââ¬Å"Is it?â⬠ââ¬Å"Of course. Thatââ¬â¢s why groups like the CPFV exist. To help you see the truth of an issue.â⬠I repressed a snort. Iââ¬â¢d thought for a moment she might startle me with a display of open-mindedness. I let the silence collect again. ââ¬Å"So,â⬠she began after a moment, ââ¬Å"what do you believe then?â⬠ââ¬Å"Er, on what? Homosexuality? Or homosexual marriage?â⬠ââ¬Å"Either.â⬠My opinion was simply that people wanted who they wanted, end of story. There was no regulating love or saying it was wrong. But Danaââ¬â¢s views on that were religiously based, and I of all people knew better than to argue the right or wrong of faith. ââ¬Å"Iââ¬â¢m just not sure people choose who theyââ¬â¢re attracted to,â⬠I explained, not exactly attacking her question head-on. ââ¬Å"So, I guess, it seems weird to me to talk about ââ¬Ëhelpingââ¬â¢ or ââ¬Ëchangingââ¬â¢ people who canââ¬â¢t really do anything about their natures, regardless of whether that nature is right or wrong.â⬠ââ¬Å"So you think homosexuality is inborn?â⬠That sweet voice couldnââ¬â¢t entirely hide her scornful surprise. ââ¬Å"For some people. I think there are those who engage inâ⬠¦uh, same-sex activities for the fun of it, but for others, itââ¬â¢s biological.â⬠I had a feeling Dana wouldnââ¬â¢t describe same-sex activities as fun, but I still felt better at having voiced my opinions. ââ¬Å"You express yourself very well,â⬠she admitted. ââ¬Å"Even if I donââ¬â¢t necessarily agree with you.â⬠I laughed out loud, and she looked at me strangely. ââ¬Å"No, I didnââ¬â¢t think you would.â⬠We grew quiet again, and I remembered I was supposed to be sounding her out on what she found romantic for Bastien. ââ¬Å"I wish I could choose who I was attracted to,â⬠I said out of the blue, bringing up personal matters in a manner that was out of character for both Tabitha Hunter and Georgina Kincaid. Dana seemed appropriately startled. ââ¬Å"Things arenââ¬â¢t going so well with your boyfriend? What was his name? Sven?â⬠ââ¬Å"Seth,â⬠I corrected, feeling only a little bad at dragging him into the cover story. Things with Seth were actually beautiful at the moment, but for the sake of appearances, I kept lying. ââ¬Å"Heââ¬â¢s okay, I guess, and I like himâ⬠¦but heââ¬â¢s not very, you know, romantic. ââ¬Å" ââ¬Å"Ah,â⬠she said neutrally. ââ¬Å"Am I crazy? Is that too much to ask? Maybe I should focus on other things.â⬠ââ¬Å"What do you consider romantic?â⬠ââ¬Å"I donââ¬â¢t know. Little touches and flourishes here and there. Gestures to show how important you are, how much the other person cares about you.â⬠Irises, smiley-face pancakes. ââ¬Å"What do you think it is?â⬠She shrugged. We were rounding the corner back to Bastienââ¬â¢s now. ââ¬Å"Iââ¬â¢ve come to see romance as not quite so important anymore,â⬠she admitted. ââ¬Å"Neither Bill nor I have time for it.â⬠ââ¬Å"Oh.â⬠ââ¬Å"Thatââ¬â¢s not a bad thing. Iââ¬â¢d say, more important than superficial flourishes is being able to connect with someone. To talk openly with them and share yourself. To know theyââ¬â¢re feeling what youââ¬â¢re feeling.â⬠ââ¬Å"Oh,â⬠I said again, surprised. Her comments almost made sense. In some ways, they were a variation of Sethââ¬â¢s views on honesty in a relationship. Biting my lip, I plunged on. ââ¬Å"And what aboutâ⬠¦you know, attraction and sex appeal?â⬠She gave me a sidelong glance. ââ¬Å"What about it?â⬠I shrugged. ââ¬Å"I donââ¬â¢t always feel it around him.â⬠Liar, liar, pants on fire. ââ¬Å"Do I have the wrong ideas about it? What do you think is sexy?â⬠Her answer took a long time in coming. ââ¬Å"I donââ¬â¢t know.â⬠Bastien stood by his front door as we approached. He waved a hand in greeting. ââ¬Å"Hello, ladies.â⬠He looked pleasantly astonished to see us together ââ¬â and getting along. Dana thanked me for the company and returned to her own home after refusing Bastienââ¬â¢s automatic invitation to come inside and stay a while. Once she was gone and we were in the car headed to my photo shoot, I gave him the scoop on our talk. ââ¬Å"She doesnââ¬â¢t know whatââ¬â¢s sexy?â⬠he exclaimed. ââ¬Å"Sheââ¬â¢s practically begging for me to ravage her. Hmph. And Billââ¬â¢s not romantic. Well, no surprise there. You think she was lying about saying it wasnââ¬â¢t important? Sort of a defense mechanism?â⬠ââ¬Å"I donââ¬â¢t know. Possibly. But even if she does miss romance, I think too many over-the-top gestures would throw up a flag. She isnââ¬â¢t stupid. Profound conversation might be the way to go.â⬠ââ¬Å"Then the cooking thing is a good idea. Lots of talking there.â⬠ââ¬Å"I guess.â⬠I didnââ¬â¢t tell him that I had doubts about the efficacy of that method. Honestly, I wasnââ¬â¢t sure what he could do anymore. Weââ¬â¢d decided to pull out all the stops for my pictures. He drove us downtown to the Hotel Andra, one of the nicest local spreads, despite its plain exterior. Through some charm I didnââ¬â¢t know about, heââ¬â¢d even managed to book us the hotelââ¬â¢s one-of-a-kind Monarch Suite on practically no notice. It had more room than we could possibly need, but its true selling point ââ¬â for me ââ¬â was an utterly sumptuous, utterly sexy bed. Enclosed in its own romantically lit alcove, it had a deep, royal purple spread and a headboard of gleaming, black wood. The whole effect was dark and sensuous. We shape-shifted out of Mitch and Tabitha upon clearing the door. ââ¬Å"This bed alone,â⬠declared Bastien, ââ¬Å"will sell these pictures. Well, that and your naked flesh. But really, itââ¬â¢s a tough call.â⬠He raided the mini-bar and made us improvised Grand Marnier martinis, which I gulped down with surprising eagerness. Suddenly, facing these pictures seemed a lot more daunting than Iââ¬â¢d originally believed. ââ¬Å"Nothing to it,â⬠he said, sensing my nervousness. ââ¬Å"Put on something sexy and sprawl on the bed.â⬠I hadnââ¬â¢t brought anything in particular to wear, for once willingly opting for shape-shifting. I started with a basic black nightgown. Super short, super low-cut. It seemed like a safe bet. Bastien positioned me on the bed, lying back in a sort of languid pose. He mussed my hair and requested a lazy pout. ââ¬Å"The point here, Fleur ,is to make it look like if you donââ¬â¢t get fucked again soon, youââ¬â¢re going to be very, very upset. Men go for that.â⬠My apprehension melted away as Bastien took over, directing my postures and expressions, snapping away with his digital camera. We ran the gamut. Some shots I did completely naked, hiding nothing. For others, we found the suggestion of nudity could almost be more provocative. The way the slipped strap of a chemise could nearly reveal a breast. The way a sheer bra and panty set could cover and yet not cover. Nor did we give all of them the just-got-fucked look. In some, I was very elegant, unbelievably perfect in every possible way, not a strand of hair out of place. In others, however, we played up the messy, wild look ââ¬â ââ¬Å"unplanned,â⬠as Seth would say. We also didnââ¬â¢t limit ourselves to the bed, as gorgeous as it was. I posed by windows, by a sofa, by the bathtub, in the bathtub. Both of us, as was requisite for our jobs, had pretty good imaginations for what was sexy and alluring. Nonetheless, we had brought along a few lingerie catalogs and adult magazines for inspiration. We would take breaks to plan, both of us frowning and giving each new pose serious thought. All in all, it was an exhausting endeavor, but Bastienââ¬â¢s energy never flagged as he guided me through it all with a professional ease. And honestly, after a certain point, I didnââ¬â¢t need his coaching. I knew I was sexy, and it was easy to play that up, especially knowing that Seth would view all of this. When the incubus had filled up the memory card, we finally called it quits. Sprawling on the bed beside me, he called room service and ordered us some professional martinis, since weââ¬â¢d run out of Grand Marnier. They arrived, and we luxuriated in a well-deserved rest, sipping our drinks. ââ¬Å"Thanks Bas,â⬠I told him, touching his arm. ââ¬Å"Youââ¬â¢re a good friend.â⬠ââ¬Å"Easy to be one when the subject matter is so nice to look at. Youââ¬â¢re going to have a bitch of a time getting these printed, though. Take them to a store, and you wonââ¬â¢t get them back.â⬠Iââ¬â¢d already thought of that. ââ¬Å"Hugh has a snazzy, state-of-the-art printer. Iââ¬â¢ll do it there.â⬠I considered. ââ¬Å"Although, he might keep a few too.â⬠ââ¬Å"I wouldnââ¬â¢t blame him.â⬠Bastien set his drink down and rolled over to regard me affectionately, face almost serious for a change. ââ¬Å"Youââ¬â¢re a beautiful woman, Fleur ,and that means something when you can perfectly control your appearance. Itââ¬â¢s not your physical side ââ¬â as nice as it is. Itââ¬â¢s something in here.â⬠He tapped my breastbone. ââ¬Å"Something warm and sensual and lovely that shines out. Iââ¬â¢d know you in any body, in any place. ââ¬Å" I curled up against him, happy. ââ¬Å"Iââ¬â¢m glad youââ¬â¢re here. Even if itââ¬â¢s because of the Barton and Dana mess. Weââ¬â¢re going to fix that for you, you know. I promise. Iââ¬â¢m not letting them ship you off somewhere horrible.â⬠A faint, playful smile curled his lips. Affection shone in his dark eyes, affection that was no doubt mirrored in my face. Suddenly, he leaned over and kissed me. Whoa. It wasnââ¬â¢t a friendly kiss either, not the kind we so regularly planted on each otherââ¬â¢s lips in a careless way. This was a deep kiss, an erotic kiss. His lips felt like velvet, his tongue slowly sliding over mine. I was so floored by what was happening that for a moment I couldnââ¬â¢t do anything except sink into that kiss and let it send shockwaves through my body. My senses returned to me, and I broke away, sitting up. ââ¬Å"What the hell are you doing?â⬠He sat up as well, as surprised by my reaction as I had been by what triggered it. ââ¬Å"What do you mean?â⬠ââ¬Å"You kissed me. I mean, really kissed me.â⬠He grinned, sensual and provocative. I shivered. When incubi targeted you with that charm, it was bewildering, even for a succubus. ââ¬Å"Whatââ¬â¢s wrong with it? You mean more to me than anyone else in the world. This is a natural step for us. We should have been doing it a long time ago.â⬠I shook my head, backing away. ââ¬Å"I like the way weââ¬â¢ve always been.â⬠ââ¬Å"Only because you havenââ¬â¢t tried anything else. Look, Iââ¬â¢m not asking you to run off into the sunset here. Weââ¬â¢re friends. I know that, and I like that. But youââ¬â¢ve said it yourself ââ¬â sleeping with people you donââ¬â¢t care about is wearying.â⬠ââ¬Å"Yeah, butâ⬠¦I donââ¬â¢t think this is necessarily the answer.â⬠ââ¬Å"Then what is the answer?â⬠he demanded. ââ¬Å"Sleeping ââ¬â or rather not sleeping ââ¬â with a mortal you do care about?â⬠I climbed out of bed. ââ¬Å"That was harsh. And itââ¬â¢s unrelated. I donââ¬â¢t want us to be anything more than friends, Bastien. Sex,ll mess things up.â⬠He stayed on the bed, watching me pace. ââ¬Å"Sex will fix a lot of things. Itââ¬â¢s about time we got some satisfaction that wasnââ¬â¢t all business. Itââ¬â¢ll be therapeutic for both of us. We need it.â⬠I turned away, staring out the window without seeing. ââ¬Å"I donââ¬â¢t need it.â⬠ââ¬Å"Donââ¬â¢t you?â⬠Only the voice that asked me that wasnââ¬â¢t Bastienââ¬â¢s. It was Sethââ¬â¢s. I spun around, eyes wide. ââ¬Å"Stop that! Change back right now!â⬠Bastien ââ¬â as Seth ââ¬â lay back easily against the pillows. He wore jeans and a Whitesnake T-shirt, just as Seth might have. His hair was unkempt. Heââ¬â¢d even perfected that cute, distracted smile. ââ¬Å"Whatââ¬â¢s the problem, Thetis?â⬠I stormed up to the bed, wanting to give him the full force of my fury even as I longed to run away. ââ¬Å"This isnââ¬â¢t funny! Change back now.â⬠Sitting up again, he slid to the edge of the bed. ââ¬Å"Come on, how have you not seen this coming? This is the perfect solution to all your problems.â⬠ââ¬Å"No, itââ¬â¢s not. Itââ¬â¢s really not.â⬠He stood up and walked toward me, not touching me but coming close enough to make my heart race. I stood rooted, unable to move. ââ¬Å"Of course it is. If you ever want to get Seth out of your system, this is the way to do it. You spend all this time pining for him, wondering what itââ¬â¢d be like to touch him and be with him. Well, this is your chance. This is the only safe way, your chance to do everything you want without hurting him. Do this now, and you could save yourself a lot of grief in the future. ââ¬Å" I shook my head, as my mouth apparently couldnââ¬â¢t move now either. Too many conflicting feelings. The entire scene was unreal. Mind blowing. I was still shocked by Bastienââ¬â¢s audacity in doing it in the first place. I knew he was rash and bold, but this was crossing the line, even for him. On the other hand, Bastien had mimicked Seth down to the last detail, and seeing him had the effect it always did on me. Everything was the same. Cute and flawless. More intoxicating still was the truth of Bastienââ¬â¢s offer. I really could do what I wanted here. It was wrong on so many levels, but I couldnââ¬â¢t deny the pull. The perfect temptation. ââ¬Å"I wonââ¬â¢t cheat on Seth.â⬠ââ¬Å"Whatââ¬â¢s cheating between you guys? You do it all the time.â⬠ââ¬Å"Then Iââ¬â¢m not going to be one of your conquests,â⬠I snapped. ââ¬Å"Fine.â⬠He shape-shifted the shirt away so I saw only lovely, bare chest now. He drew my hands forward, resting them on his skin. I discovered it was almost entirely smooth; there were just a few soft and silky golden hairs. ââ¬Å"You do the conquering.â⬠ââ¬Å"Iââ¬â¢m not doing any conquering.â⬠ââ¬Å"All right. Then take your hands away.â⬠I stared at where my hands lay on his chest. On Sethââ¬â¢s chest. He was warm. My hands matched him almost perfectly. We both had light, barely tanned, golden skin. Take your hands away. Thatââ¬â¢s all I had to do. I just had to move my hands, step away, and leave this ridiculous game behind. I was only a hairââ¬â¢s breadth from normalityâ⬠¦yet I couldnââ¬â¢t seem to move away. I knew it wasnââ¬â¢t Seth, but the illusion was so powerful, I could easily imagine that this was exactly how it would feel to touch him. Without thinking, I ran my fingers down his chest, down to his stomach. Seth was no bodybuilder, but he was lean and trim from swimming and running. I had seen him in boxers before; the strong muscles were firm and exactly where they should be. Again, a perfect illusion. My hands had brushed this same part of Seth in bed before, but I never allowed myself to sensually explore him, the way I could now. I moved my fingers further, tracing the lines and contours. For his part, he didnââ¬â¢t say or do anything. But whenever I looked up, those brown eyes were on me, brimming with heat. They made my body respond with a heat of its own. Would Seth look at me the same way if we were together like this? Somehow, I expected the answer would be yes. I knew Seth viewed sex as a serious matter, despite his charactersââ¬â¢ casual attitudes. He would treat such an encounter seriously. Also ââ¬â although I had no proof ââ¬â I thought Seth would be just as cautious as Bastien was being now, letting me take the lead. Nothing aggressive. My hands slid farther, down to the edge of his jeans where blue flannel boxers barely peeped out. I ran my fingers under the edge, arousing myself further with this dangerous game. Being this close to hitherto forbidden territory was heady. My scouting fingers started to tremble. Never, never would I have let things reach this point with Seth. Not with both of us pressed together. Not with both of us in so little clothing. My common sense would have long since kicked in before something dangerous might happen. But Bastien was right: nothing dangerous could happen tonight. At least not physically. I looked back up. His own breath had quickened. The space between us sizzled. He was so like Seth, I realized. So very much like him. It would be so easy. Easy to pretend. I leaned up and kissed him, again tasting those soft lips, pushing my tongue past them so I could fully savor him. His hands moved around my back, touching silk and bare skin. I was in the same outfit I wore for the last picture: another chemise, this time with a revealing top of ivory lace and a rose-pink silk skirt. I pushed into that kiss, letting it burn me. He kept his hands carefully neutral the whole time, not taking liberties, instead letting me dictate the terms. Reaching around, I grabbed a hold of his hands and moved them over me. I wanted to know what it was like to have him ââ¬â Seth ââ¬â touching me. I moved them down to my backside, then over to the sides of my thighs, urging him to push the chemise up. He did, letting silk gather up in his fingers as it slid up, up over my breasts and then over my head. I exhaled as those hands traveled up my body, every part of my skin electric and alive as I stood completely naked now. ââ¬Å"Lay down,â⬠I said, surprised at the rough note in my voice. He obliged, and I crawled onto the bed after him, straddling his hips with my legs so I leaned over him, letting my hair brush his chest as it had that night at Terry and Andreaââ¬â¢s. Seth. I had Seth. And I could do anything I wanted. I kissed him again, harder than I had before, as if my mouth realized this could stop at any moment and had to get as much as it could right now. Pulling back slightly, I placed his hands back on me. ââ¬Å"Donââ¬â¢t stop touching me.â⬠I returned to his lips, crushing his in return, letting my teeth nibble that soft flesh. All the while his hands roved over me as Iââ¬â¢d commanded, coming to rest under my breasts so that he could cup them and stroke them. His fingers trailed to the nipples, which were already standing erect, brushing them lightly at first and then squeezing with greater intensity. I cried out, my own savage urges stoked, and I moved my lips to his neck. My mouth worked fiercely against that tender skin, pressing and biting, as though by leaving a mark I could somehow brand Seth as mine forever. Breaking away at last, I raised myself up slightly on my knees and moved his hand between my legs. He stroked me without being told to, letting his fingers slide over my clitoris, building up the mounting, scorching sensation in my lower body. His fingers moved easily, aided by my own wetness. Greater and greater that swelling ecstasy grew until it was almost agony, but I stopped him before I peaked and could find release. Frantically, I tore at his jeans and boxers, getting them off as fast as I could. I sighed shakily, looking at that long, perfect hardness as though it could keep me alive when nothing else could. I moved myself back down and ground myself against him, rubbing myself against that hardness, letting it finish the job his fingers had started. I came almost instantly, having been already on the edge, and before those spasms could even begin fading, I slid him inside of me, letting him fill me up entirely until it seemed there was nothing left of me in my own body, only him. He was still letting me take charge here, but he wasnââ¬â¢t unaffected. His breath came heavy and hard now, his own lips parting slightly with desire, eyes begging me to do more. As for meâ⬠¦I was losing myself. I didnââ¬â¢t care about anything else but him inside me, as close as Iââ¬â¢d ever been able to get to Seth. It still seemed like something had to give, something had to stop us. But it didnââ¬â¢t. I became more than a conqueror. I was a ravager, taking what I wanted with no thought of the consequences. I rode on top of him, bringing myself down hard each time, willing him to pierce right through me. My hands held him down as I thrust, not that he was trying to get away. My breasts shook as our bodies moved together, the nipples still hard and sensitive. I heard the slap of skin on skin each time I moved down, forming a rhythm with our ragged breathing. I was drowning in Seth, in his sweat and in his touch. I was liquid and golden, merged into him. My body ached, unable to get enough of him, and I moved harder still. I knew exactly which angle I needed to make myself come, and I didnââ¬â¢t even try to hold back the waves and waves of pulsing bliss that racked my body. Small crackles of energy passed between us occasionally ââ¬â not the usual absorption that occurred with a victim, but the inevitable sharing that happened between an incubus and succubus, two creatures whose bodies were made to collect the power of life. I needed to consume Seth, take as much of him as I could. I had no other purpose. Time passed. My body took its pleasure greedily and often. I said his name over and over, sometimes whispering it, sometimes screaming it, until finally exhausted, I couldnââ¬â¢t move anymore. I stopped, nearly collapsing against him. Barely able to work my lungs anymore, I struggled to get the air I needed. He was still inside me, still ready, but I had nearly rubbed myself raw. My throat was dry and painful. Sweat formed a slick coating on me, and I hung over him panting and desperate, an animal who had just sated her hunger with no concern for who lay beneath. He watched me intently, running a careful hand over my damp cheek. Then, at some unspoken signal between us, he flipped me over onto my back to at last finish himself off. Gripping my ankles and putting them over his shoulders, he knelt before me and pushed back inside. A soft whimper passed over my lips. I was jelly now, unable to do anything but lay there and let him have his way with me. My arms spread out carelessly over my head, fingers brushing the black headboard, and I closed my eyes, just letting myself feel Seth taking me now. I was weak and spent, but it still felt wonderful. I opened my eyes and watched him working hard against my body, at last able to give in to his own pleasure. Heââ¬â¢d held back for so long for my benefit, waiting until I had satiated my lust. Now he was the greedy one, ravaging me in the way he wanted. At last, he climaxed with a small groan, closing his eyes briefly, holding himself against me as he came into me. When he finished, he slumped forw ard and pulled out, lying beside me. We stayed like that for several moments, and then he pulled me roughly to him so we spooned, the back of my body pressed against the front of him. Both of us still breathed in heavy, torn gasps as our hearts gradually slowed. I let my cheek rest against his arm. I still shook all over from sex with Seth, with the feel of Seth inside of me and the way he had broken my body with that devastating ecstasy. Then, as one hand tightened on me and his other ran gently over my hair, I noticed something. He didnââ¬â¢t smell right. I donââ¬â¢t mean to imply that he smelled bad. He didnââ¬â¢t. He just didnââ¬â¢t smell like Seth. The sweat wasnââ¬â¢t the same. There was no fleeting smell of apple, leather, and musk, no unique Seth scent. He smelled like Bastien. He was Bastien, I reminded myself sternly, and with that, the illusion shattered, the spell broke. I wasnââ¬â¢t with Seth, no matter how perfect the shape. I was with my friend the incubus. ââ¬Å"Change back,â⬠I whispered. ââ¬Å"What?â⬠ââ¬Å"Change back to yourself.â⬠He didnââ¬â¢t ask why, and a moment later, I rested in Bastienââ¬â¢s arms. It wasnââ¬â¢t Seth, I realized with a dull and terrible emptiness, but it was the truth. We said no more after that, staying in bed together for the rest of the night. Sleep never came for me, however. I lay awake the whole time, staring off into the shadows. How to cite Succubus on Top CHAPTER 16, Essay examples
Friday, May 1, 2020
Meaning of Phoenix Activity and Law Samples â⬠MyAssignmenthelp.com
Question: Discuss about the Phoenix Activity and Law. Answer: Meaning of phoenix activity In case of companies the activities that include registration of a new company for the purpose of taking over the insolvent or failed business, that can be considered as rebirth of a precursor company such activities are considered to be phoenix activity. It is mentionable here that for a phoenix activity to be legal in nature, should be performed by genuine company that failed and took the decision of liquidation (Asic, 2017). In those cases it is legitimate use of the corporate form. Under the concept of limited liability, the shareholders and directors are excused under thelaw from personal liability associated with the debts of the failed company. Thus, in other words, it can be stated that the wide range of activities with the help of which, when a company fails, the present business activities is taken over by another entity can be referred as phoenix activities of companies (Asic, 2013). Phoenix business activities range from complex illegal behavior real business rescues. Benefits of phoenix activities to the society It is a fact that, if phoenix activities are undertaken by a company with malicious motives like getting relieve from debts, such phoenix activities are indeed harmful and have negative impact. However, phoenix activities have certain benefits associated with it that turn out to be beneficial for the society it is it performed legally (Martin, 2007). Firstly, on the part of the company that decides to undertake phoenix activities due to complex situation experienced on its part like burden of huge debts which makes it difficult for the company to be functional can be prevented from getting closed completely and allow it to be functional with the help of its old set of employees with the help of undertaking phoenix activities. Thus the economic growth of the nation from the productivity of the particular company, also, does not get hindered. In addition to the above discussed aspect, with the help of phoenix activities the present employees of the company can be retained (Anderson et al., 2014). This would act as a contributing for the society in terms of maintaining the employment level and prevent adverse impact on the employment status of the society. The motives behind phoenix activities On the part of the companies undertaking phoenix activities, there can be more than one motive. From a generic perspective, companies undertake phoenix activities in situations when it is in a troublesome condition, which generally includes huge debts on these companies. The difference of motives of these companies undertaking phoenix activities usually arises from the motives and ethics associated with it (Anderson, 2015). Ethically, the difference of motives of the companies undertaking phoenix activities can arise from the fact that, certain companies undertake these activities due to the fact that it will not be able to survive otherwise with the huge debts on these companies which they are liable to pay to banks. On the other hand, there are certain companies which have unethical motives behind taking up such activities that result in different purposes behind the phoenix activities (Anderson et al., 2015). In other words, there are certain companies that perform phoenix activit ies for the purpose of avoiding making payments to the suppliers. This results in having two different sets of purposes behind phoenix activities on the part of the companies. Individuals benefiting and losing from phoenix activities In case of phoenix activities there are two parties mainly associated with it. One party is the responsible authority/ owner of the present company and another party is the person undertaking the company declared to be failed and liquidation. In case when an individual declares the company to be failed and undertake phoenix activities, there are certain advantages the person can enjoy. As already stated, legally, phoenix activities are undertaken on the part of a company only when it experiences complex situation like that of huge debts it is responsible to pay to the bank (The Joy of Business, 2017). In such cases the directors, shareholder, owner of the company is benefited under the concept of limited liability. Under the concept of limited liability, the mentioned responsible authorities of the company are generally excused by thelaw from personal liability due to the failed debts of the company. Thus, this turns out to be beneficial for the owner, directors and shareholders of t he company. Other than that, they can also keep the company running is another advantage associated with phoenix activities for the directors, shareholders and owner of the company (Anderson et al., 2017). However, the mentioned responsible authority of the company also experiences certain losses, which not only includes losing the ownership or hold on the company but it also results limited scope of getting personal credit which is also applicable for small items. In certain cases, the owner or responsible authority of the company also experiences difficulty in opening bank accounts or making online payments even after long period of occurrence of the incident. Similarly, on the part of the individual undertaking the bankrupt company, the major advantage is getting a set of experienced employees in the particular field along its expansion (The Joy of Business, 2017). However, on the part of the company undertaking the bankrupt company becomes liable to pay the debts of the previous company is the major disadvantage of the company undertaking the bankrupt company. Thus, it can be stated that, in case of phoenix activities both the parties have certain profits and losses associated with it. Section of Corporations Act 2001 prohibiting phoenix activity Various legislations have been formed for the purpose of prohibiting illegal phoenix activities. One of the mentionable legislation is Corporation Act 2001 (Cth). There is more than one section of the legislation attempting the prohibition of illegal phoenix activities (austlii, 2017). One of the mentionable sections of the legislation is 596AB according to which individuals are prohibited from entering into transactions or agreements having the intention of denying entitlements. This clearly reflects that phoenix activities of companies with the motive of getting rid of personal debts and liabilities are prohibited under the legislation. Section of Corporations Act 2001 that may be breached by phoenix activities Performing illegal phoenix activities may result in breaching various sections of Corporations Act 2001 which have been formulated with the purpose of preventing it occurrence. One of the mentionable sections of the legislation in this context is Section 181. Illegal phoenix activities usual lack good faith. Under Section 181 of Corporations Act 2001, it has been stated that under the common laws, the directors are obliged to discharge their duties and exercise their power in such a manner which demonstrates good faith intended for the best interests of the company along with having proper purpose (austlii, 2017). In case of illegal phoenix activities undertaken by companies the intention is to get rid of debts and ensure personal benefits, which would result in breach of Section 181 of Corporations Act 2001. Another section of the legislation which may be breached due to illegal phoenix activity is Section 182 (1) according which a director is prohibited from improperly using the position for the purpose of gaining an individual advantage or advantage for another individual or cause damage to the benefits of the company. In case of illegal phoenix activities the responsible individual usually misuses his/her position for the purpose of personal gain that would result in breach of Section 182 (1) of Corporations Act 2001 (austlii, 2017). Due to the breach of the above discussed sections of the act the authority of the company may be awarded with pecuniary penalties of up to $ 200, 000. Case involving phoenix activity Cook v Deeks and Hinds: PC 23 Feb 1916 is a mentionable case which includes dispute with phoenix activity undertaken by the involved parties. The case included Hinds and Deeks who were directors of a construction company. A negotiation was held between them which were considered to be lucrative and involved a construction contract with Canada Pacific Railway. In this process it was decided by them that they wanted to enter into the contact on a personal basis which also included incorporation of a new company- Dominion Construction Company for the purpose of performing the work (swarb, 2017). Dominion Construction Company taken over the contract who performed the work and make the profit. Toronto Construction Company, a shareholder took a derivative action against Dominion Construction Company as well as against the directors. The court held Hinds and Deeks to be guilty of breach of their duty in regards to their position which occurred in the process of securing the contract. It was further held that the actions they performed were also required to ensure the benefit of the shareholder- Toronto Construction Company. However, it was observed that they conducted the company affair in such a manner which deliberately exclude the interest of the shareholder and further use their influence and position to exclude the company whose interest were required to be protect by them under their duty (swarb, 2017). On this basis, it was legally concluded that the individuals having control of the company would operate in manner so as to secure the interest of the company as well as act for the benefit of the company rather than their personal interest that can be seen to be absent in case of Cook v Deeks and Hinds: PC 23 Feb 1916 due to performance of illegal phoenix activity. Effectiveness of prohibiting phoenix activity There has been various efforts in prohibiting illegal phoenix activities with the help of creating phoenix offence. However, the success of these actions is required to be analyzed. There are various legislations like Corporations Act 2001- Section 596 AB, Section 180-184 , Section 121 of Bankruptcy Act 1966 (Cth) with the help of which efforts have been made towards creating offence. However, as major issue with these phoenix prohibitions is it will be able to capture posh phoenix arrangements that exist within corporate groups which prevents involvement of assets transfer (Anderson et al., 2017). The fact cannot be ignored that with the help of such activities clear demonstration regarding the severity of with which government along with its agencies consider phoenix conduct and consider it in their mechanism can be identified. Other than that, prohibiting phoenix activity by phoenix offence also becomes inactive in case of illegal phoenix activity with the help of pre-insolvency a dvice. It is further mentionable that, in spite of applicability of duties on the part of the directors to illegal phoenix activity and the presence of civil sanctions which are formulated for enhanced level of enforcement the approximate costs of phoenix activity to the economy indicates that these activities are still prevalent indicating the failure of enforcement activities. The lack of available data also makes it difficult to identify the occurrence of these activities. The lack of affectivity of the phoenix offence actions can also be established with the help of the fact that the maximum penalty due to failure in providing liquidations with records and book is $ 9,000 which is beneficial for an individual with large sum of debts to get rid of it. According to (squarespace, 2009) it can be noticed that 75% of insolvent trading cases are won by liquidator further establishing the lack of affectivity of phoenix prohibition activities. Other than that, in only 64% of cases compe nsation order was less than $ 200,000 in only 11$ of the cases compensation order was more than $ 500,000 also establishing its limited effectively. In addition to this, approximately, 8,5000 insolvency appointment every year in which only 2 judges every year provides an average compensation order of less than $200k reflects the fact that phoenix prohibition activities in insolvent trading is not effective and in case of pre-pack of directors it provides limited barriers (squarespace, 2009). Ways in which prohibition can be structured In order to make prohibition activities more structure like phoenix prohibition activities, in a generic sense, enhanced level of detect of the activities which are prohibited like phoenix activity is required. The key of achieving success in these cases are sharing and gathering information. In order to make phoenix activities more structured, all directors are required to have direct identification number with the help of which they can link with previous and present directorships (Anderson et al., 2017). This will help in having the present company scenario along with its management which would further help in scrutiny. With the help of sharing this information to regulators associated with tackling illegal phoenix activity the occurrence can be further managed effectively. In addition to this, liquidators reports to ASIC regarding prior misconduct along with misconduct during liquidation would help in gathering and sharing meaningful information (Anderson et al., 2017). It is also important to provide the public with required information for the purpose of protecting themselves in the process of dealings with a particular company. Such initiatives would help the businesspeople to identify and protect themselves from shonky operators and help them run legitimate businesses in a fair manner. It is mentionable that disruption can be achieved easily than prevention. For the purpose of achieving this, a probationary category i.e. restricted directorships is required to be imposed on directors followed by five corporate failures on their part during a period of 10 years. These directors are then required to be restricted in the companies in which they would be eligible to manage (Anderson et al., 2017). Their names are also needed to be made available on a register. These identified directors are required to be made subjected to increased number of reporting requirements and regulatory scrutiny. Prosecution of pre-insolvency advisers helping in illegal phoenix activity is also required due to the roles played by them in the wrongdoing. With the help of meaningful penalties and the ability it prevent new company from enjoying the benefits by the court are also important in structuring prohibition. References Anderson, H. (2015). Phoenix activity-a context not a crime. Australian Insolvency Journal, 27(2), 35. Anderson, H. L., Hedges, J., Ramsay, I., Welsh, M. A. (2017). Illegal Phoenix Activity: Is a'Phoenix Prohibition'the Solution?. Anderson, H. L., O'Connell, A., Ramsay, I., Welsh, M. A., Withers, H. (2014). Defining and Profiling Phoenix Activity. Anderson, H. L., O'Connell, A., Ramsay, I., Welsh, M. A., Withers, H. (2015). Profiling Phoenix Activity: A New Taxonomy. Anderson, H., Ramsay, I., Hedges, J. and Welsh, M. (2017). Here's what must be done to detect, disrupt and deter phoenix activity in Australia. [online] The Conversation. Available at: https://theconversation.com/heres-what-must-be-done-to-detect-disrupt-and-deter-phoenix-activity-in-australia-73367 [Accessed 14 Sep. 2017]. Anderson, H., Ramsay, I., Hedges, J. and Welsh, M. (2017). How director ID numbers and "restricted directorships" could help stamp out phoenix activity in Australia. [online] SmartCompany. Available at: https://www.smartcompany.com.au/business-advice/legal/director-id-numbers-restricted-directorships-help-stamp-phoenix-activity-australia/ [Accessed 14 Sep. 2017]. Asic. (2013). Small business-illegal phoenix activity. [online] Available at: https://asic.gov.au/for-business/your-business/small-business/compliance-for-small-business/small-business-illegal-phoenix-activity/ [Accessed 14 Sep. 2017]. Asic. (2017). Illegal phoenix activity. [online] Available at: https://asic.gov.au/about-asic/contact-us/how-to-complain/illegal-phoenix-activity/ [Accessed 14 Sep. 2017]. austlii. (2017). CORPORATIONS ACT 2001. [online] Available at: https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/ca2001172/ [Accessed 14 Sep. 2017]. Martin, A. (2007). Director Duties and Phoenix Companies. Allen Arthur Robinson, Sydney. squarespace. (2009). Pre-Pack: A Legitimate means to Phoenix an Insolvent Company. [online] Available at: https://static1.squarespace.com/static/55ecf59ee4b01655ac9ab08c/t/55efa4ffe4b0a4ee627c43c3/1441768703387/Pre-Pack+170510.pdf [Accessed 14 Sep. 2017]. swarb. (2017). Cook v Deeks and Hinds: PC 23 Feb 1916. [online] Available at: https://swarb.co.uk/cook-v-deeks-and-hinds-pc-23-feb-1916/ [Accessed 14 Sep. 2017]. The Joy of Business. (2017). The Ethics Of The Phoenix. [online] Available at: https://www.thejoyofbusiness.co.uk/how/the-ethics-of-the-phoenix/ [Accessed 14 Sep. 2017].
Subscribe to:
Posts (Atom)