Case Laws for Commercial Laws

LGEAL PERSONALITY Foss v Harbottle (1843) 67 ER 189 is a leading English precedent in corporate law. In any action in which a wrong is alleged to have been done to a company, the proper claimant is the company itself. This is known as â€Å"the rule in Foss v Harbottle†, and the several important exceptions that have been developed are often described as â€Å"exceptions to the rule in Foss v Harbottle†. Amongst these is the ‘derivative action', which allows a minority shareholder to bring a claim on behalf of the company. This applies in situations of ‘wrongdoer control' and is, in reality, the only true exception to the rule. The rule in Foss v Harbottle is best seen as the starting point for minority shareholder remedies Judgement The court dismissed the claim and held that when a company is wronged by its directors it is only the company that has standing to sue. In effect the court established two rules. Firstly, the â€Å"proper plaintiff rule† is that a wrong done to the company may be vindicated by the company alone. Secondly, the â€Å"majority rule principle† states that if the alleged wrong can be confirmed or ratified by a of members in a general meeting, then the court will not interfere, Edwards v Halliwell [1950] 2 All ER 1064 is a UK labour law and UK company law case about the internal organisation of a trade union, or a company, and litigation by members to make an executive follow the organisation's internal rules Some members of the National Union of Vehicle Builders sued the executive committee for increasing fees. Rule 19 of the union constitution required a ballot and a two third approval level by members. Instead a delegate meeting had purported to allow the increase without a ballot. Jenkins LJ granted the members' application. He held that under the rule in Foss v Harbottle the union itself is prima facie the proper plaintiff and if a simple majority can make an action binding, then no case can be brought. But there are exceptions to the rule. First, if the action is ultra vires a member may sue. Second, if the wrongdoers are in control of the union's right to sue there is a â€Å"fraud on the minority†, and an individual member may take up a case. Third, as pointed out by Romer J in Cotter v National Union of Seamen[1] a company should not be able to bypass a special procedure or majority in its own articles. This was relevant here. And fourth, as here, if there is an invasion of a personal right. Here it was a personal right that the members paid a set amount in fees and retain Salomon v A Salomon ; Co Ltd [1897] AC 22 is a landmark UK company law case. The effect of the Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company's shareholders to pay up outstanding debts. membership as they stood before the purported alterations. Facts Mr Aron Salomon made leather boots and shoes in a large Whitechapel High Street establishment. He ran his business for 30 years and â€Å"he might fairly have counted upon retiring with at least ? 10,000 in his pocket. † His sons wanted to become business partners, so he turned the business into a limited company. His wife and five eldest children became subscribers and two eldest sons also directors. Mr Salomon took 20,001 of the company's 20,007 shares. The price fixed by the contract for the sale of the business to the company was ? 9,000. According to the court, this was â€Å"extravagent† and not â€Å"anything that can be called a business like or reasonable estimate of value. † Transfer of the business took place on June 1, 1892. The purchase money the company paid to Mr Salomon for the business was ? 20,000. The company also gave Mr Salomon ? 10,000 in debentures (i. e. , Salomon gave the company a ? 10,000 loan, secured by a charge over the assets of the company). The balance paid went to extinguish the business's debts (? ,000 of which was cash to Salomon). Soon after Mr Salomon incorporated his business a series of strikes in the shoe industry led the government, Salomon's main customer, to split its contracts among more firms (the government wanted to diversify its supply base to avoid the risk of its few suppliers being crippled by strikes). His warehouse was full of unsold stock. He and his wife lent the company money. He cancelled his debentures. But the company needed more money, and they sought ? 5,000 from a Mr Edmund Broderip. He assigned Broderip his debenture, the loan with 10% interest and secured by a floating charge. But Salomon's business still failed, and he could not keep up with the interest payments. In October 1893, Mr Broderip sued to enforce his security. The company was put into liquidation. Broderip was repaid his ? 5,000, and then the debenture was reassigned to Salomon, who retained the floating charge over the company. The company's liquidator met Broderip's claim with a counter claim, joining Salomon as a defendant, that the debentures were invalid for being issued as fraud. The liquidator claimed all the money back that was transferred when the company was started: rescission of the agreement for the business transfer itself, cancellation of the debentures and repayment of the balance of the purchase money. Lee v Lee’s Air Farming Ltd [1961] AC 12 is a UK company law case, concerning the veil of incorporation and separate legal personality. The Privy Council reasserted that a company is a separate legal entity, so that a director could still be under a contract of employment with the company he solely owned. Facts Mrs Lee’s husband formed the company through Christchurch accountants, which worked in Canterbury, New Zealand. It spread fertilisers on farmland from the air, known as top dressing. Mr Lee held 2999 of 3000 shares, was the sole director and employed as the chief pilot. He was killed in a plane crash. Mrs Lee wished to claim under the Workers’ Compensation Act 1922, and he needed to be a ‘worker’, or ‘any person who has entered into or works under a contract of service†¦ with an employer†¦ whether remunerated by wages, salary or otherwise. The company was insured (as required) for worker compensation. The Court of Appeal of New Zealand said Lee could not be a worker when he was in effect also the employer. North J said[1] â€Å"the two offices are clearly incompatible. There would exist no power of control and therefore the relationship of master-servant was not created. ADVICE The Privy Council advised that Mrs Lee was entitled to co mpensation, since it was perfectly possible for Mr Lee to have a contract with the company he owned. The company was a separate legal person. Lord Morris of Borth-y-Gest said It was never suggested (nor in their Lordships’ view could it reasonably have been suggested) that the company was a sham or a mere simulacrum. It is well established that the mere fact that someone is a director of a company is no impediment to his entering into a contract to serve the company. If, then, it be accepted that the respondent company was a legal entity their Lordships see no reason to challenge the validity of any contractual obligations which were created between the company and the deceased†¦ It is said that the deceased could not both be under the duty of giving orders and also be under the duty of obeying them. But this approach does not give effect to the circumstance that it would be the company and not the deceased that would be giving the orders. Control would remain with the company whoever might be the agent of the company to exercise†¦ There appears to be no great difficulty in holding that a man acting in one capacity can make a contract with himself in another capacity. The company and the deceased were separate legal entities. Perpetual Real Estate Services, Inc. v. Michaelson Properties Facts Aaron Michaelson formed Michaelson Properties, Inc in 1981. Aaron was the sole shareholder and the corporation's president. It was a business for real estate joint ventures. It entered a joint venture with Perpetual Real Estates (forming a partnership called â€Å"Arlington Apartment Associates†) to build condominiums. As they were building, further finance was needed. Michaelson Properties Inc could not put up its share, so Perpetual loaned it $1. 05m, and got a personal guarantee from Aaron. The apartments did not turn out to be built that well. Purchasers sued the partnership successfully for $950,000. Perpetual Real Estates paid it off on the partnership's behalf. Then they sought Michaelson Properties Inc to contribute its share. It did not have the money, and went bust. So they sued Aaron to pay. He argued that Michaelson Properties, Inc was a separate legal person to him, and it was inappropriate to pierce the corporate veil. At first instance the jury held Aaron should pay. Aaron appealed. Judgment Wilkinson J noted that Virginia law had assiduously upheld the â€Å"vital economic policy† of respecting a corporation as a separate legal entity, since it underpinned the operation of vast enterprises. He emphasised that the veil would only be lifted where a defendant exercises â€Å"undue domination and control† and uses the corporation as â€Å"a device or sham†¦ to disguise wrongs, obscure fraud, or conceal crime. â€Å"[1] He said the description of the law which the jury had heard was in a â€Å"rather soggy state† and emphasised that it was not enough that â€Å"an injustice or fundamental unfairness† would be perpetrated. â€Å"The fact,† he continued, â€Å"that limited liability might yield results that seem â€Å"unfair† to jurors unfamiliar with the function of the corporate form cannot provide a basis for piercing the veil. Because there was no evidence that Aaron was attempting to defraud anybody, the veil could not be lifted. There was no â€Å"unfair siphoning of funds† when Aaron paid himself a dividend, because distribution was entirely foreseeable when the money was given, and the distribution happened well before any suit was filed. The fact that Aaron had given personal guarantees strengthened the corporate veil presumption, because the transactions recognized it existed. Veil lifting by the courts (1) Where company is a Sham or Facade Adams v Cape Industries English law has suggested a court can only lift the corporate veil when (1) construing a statute, contract or other document; (2) if a company is a â€Å"mere facade† concealing the true facts, or (3) when a subsidiary company was acting as an authorised agent of its parent, and apparently not so just because â€Å"justice requires† or to treat a group of companies as a single economic unit, in the case of tort victims, the House of Lords suggested a remedy would in fact be available. In Lubbe v Cape plc[1] Lord Bingham held that the question of proving a duty of care being owed between a parent company and the tort victims of a subsidiary would be answered merely according to standard principles of negligence law: generally whether harm was reasonably foreseeable. the decision in Yukong Line Ltd of Korea v Rendsburg Investment Corpn of Liberia (No 2) [1998] 2 BCLC 485 was timely in pointing out that creditors have no standing, individually or collectively to bring an action in respect of any such duty. Toulson J, held that a director of an insolvent company who, in breach of duty to the company, transferred assets beyond the reach of its creditors owed no corresponding fiduciary duty to an individual creditor of the company. The appropriate means of redress was for the liquidator to bring an action for misfeasance (the Insolvency Act 1986, section 212). ?Notwithstanding the logistical issue of locus standi raised by Toulson J. the question of directors’ duties to creditors again emerged in two recent decisions of the Companies Court 2) Where the company is used for a fraudulent purpose Sri Jaya Berhad v RHB Berhad The courts in Singapore thus far have been reluctant to pierce the corporate veil when called upon to do so and indicated that they would only exercise their power when called upon to do so sparingly . Re Darby, ex parte Brougham [1911] 1 KB 95 is a UK company law case concerning piercing the corporate veil. It is a clear example of the courts ignoring the veil of incorporation where a company is used to conceal a fraudulent operation. Facts Darby and Gyde were undischarged bankrupts with convictions for fraud. They registered a company called City of London Investment Corporation Ltd (LIC) in Guernsey. It had seven shareholders and issued ? 11 of its nominal capital of ? 100,000. Darby and Gyde were the only directors and entitled to all profits. The company purported to register and float a company in England called Welsh Slate Quarries Ltd, for ? 30,000. It bought a quarrying licence and plant for ? 3500 and sold this to WSQ for ? 18,000. The prospectus invited the public to take debentures in WSQ. It stated the name of LIC, but not Darby and Gyde, or the fact that they would receive the profit on sale. WSQ failed and went into liquidation. The liquidator claimed Darby’s secret profit, which he made as a promoter. Darby objected that the LIC and not him was the promoter. Judgment Phillimore J rejected the argument. LIC ‘was merely an alias for themselves just as much as if they had announced in the Gazette that they were in future going to call themselves ‘Rothschild ; Co’. They were ‘minded to perpetrate a very great fraud’ __________________________ Creation of Agency (1) Actual Authority The doctrine of estoppel comes into play here to prevent a principal from asserting to a third party that the agent has authority when in fact he does not, and then subsequently the principal seeks to renege on an agreement on the basis that the agent never had actual authority. In law, apparent authority refers to the authority of an agent as it appears to others,[3] and it can operate both to enlarge actual authority and to create authority here no actual authority exists. [4] The law relating to companies and to ostensible authority are in reality only a sub-set of the rules relating to apparent authority and the law of agency generally, but because of the prevalence of the issue in relation to corporate law (companies, being artificial persons, are only ever able to act at all through their human agents), it has developed its own specific body of cas e law. However, some jurisdictions use the terms interchangeably. In Freeman and Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480 the director in question managed the company's property and acted on its behalf and in that role employed the plaintiff architects to draw up plans for the development of land held by the company. The development ultimately collapsed and the plaintiffs sued the company for their fees. The company denied that the director had any authority to employ the architects. The court found that, while he had never been appointed as managing director (and therefore had no actual authority, express or implied) his actions were within his ostensible authority and the board had been aware of his conduct and had acquiesced in it. Diplock LJ identified four factors which must be present before a company can be bound by the acts of an agent who has no authority to do so; it must be shown that: 1. a representation that the agent had authority to enter on behalf of the company into a contract of the kind sought to be enforced was made to the contractor; 2. uch a representation was made by a person or persons who has ‘actual' authority to manage the business of the company, either generally or in respect of those matters to which the contract relates; 3. the contractor was induced by such representation to enter into the contract, i. e. that he in fact relied upon it; and 4. under its memorandum or articles of association the company was not deprived of the capacity either to enter into a contract of the kind sought to be enforced or to delegate authority to enter into a contract of that kind to an agent. The agent must have been held out by someone with actual authority to carry out the transaction and an agent cannot hold himself out as having authority for this purpose. [5] The acts of the company as principal must constitute a representation (express or by conduct) that the agent had a particular authority and must be reasonably understood so by the third party. In determining whether the principal had represented his agent as having such authority, the court has to consider the totality of the company's conduct. 6] The most common form of holding out is permitting the agent to act in the conduct of the company's business, and in many cases this is inferred simply from allowing the agent to use a particular title, such as ‘finance director'. The apparent authority must not be undermined by any limitations on the company's capacity or powers found in the memorandum or articles of association, although in many countries, the effect of this is reduced by company law reforms abo lishing or restricting the application of the ultra vires doctrine to companies. 7] However, statutory reforms do not affect the general principle that a third party cannot rely upon ostensible authority where it is aware of some limitation which prevents the authority arising, or is put on enquiry as to the extent of an individual's authority. [8] In some circumstances, the very nature of a transaction would be held to put a person on enquiry. Facts Lord Suirdale (Richard Michael John Hely-Hutchinson) sued Brayhead Ltd for losses incurred after a failed takeover deal. The CEO, chairman and de facto managing director of Brayhead Ltd, Mr Richards, had guaranteed repayment of money, and had indemnified losses of Lord Suirdale in return for injection of money into Lord Suirdale's company Perdio Electronics Ltd. Perdio Ltd was then taken over by Brayhead Ltd and Lord Suirdale gained a place on Brayhead Ltd's board, but Perdio Ltd's business did not recover. It went into liquidation, Lord Suirdale resigned from Brayhead Ltd’s board and sued for the losses he had incurred. Brayhead Ltd refused to pay on the basis that Mr Richards had no authority to make the guarantee and indemnity contract in the first place. Roskill J held Mr Richards had apparent authority to bind Brayhead Ltd, and the company appealed. That has been done in the judgments of this court in Freeman ; Lockyer v Buckhurst Park Properties (Mangal) Ltd. [1] It is there shown that actual authority may be express or implied. It is express when it is given by express words, such as when a board of directors pass a resolution which authorises two of their number to sign cheques. It is implied when it is inferred from the conduct of the parties and the circumstances of the case, such as when the board of directors appoint one of their number to be managing director. They thereby impliedly authorise him to do all such things as fall within the usual scope of that office. Actual authority, express or implied, is binding as between the company and the agent, and also as between the company and others, whether they are within the company or outside it. Ostensible or apparent authority is the authority of an agent as it appears to others. It often coincides with actual authority. Thus, when the board appoint one of their number to be managing director, they invest him not only with implied authority, but also with ostensible authority to do all such things as fall within the usual scope of that office. Other people who see him acting as managing director are entitled to assume that he has the usual authority of a managing director. But sometimes ostensible authority exceeds actual authority. For instance, when the board appoint the managing director, they may expressly limit his authority by saying he is not to order goods worth more than ? 00 without the sanction of the board. In that case his actual authority is subject to the ? 500 limitation, but his ostensible authority includes all the usual authority of a managing director. The company is bound by his ostensible authority in his dealings with those who do not know of the limitation. He may himself do the â€Å"holding-out. † Thus, if he orders goods worth ? 1,000 and signs himself â€Å"Managin g Director for and on behalf of the company,† the company is bound to the other party who does not know of the ? 00 limitation (2) Apparent Authority An ‘apparent’ or ‘ostensible’ authority, on the other hand, is a legal relationship between the principal and the contractor created by a representation, made by the principal to the contractor, intended to be and in fact acted upon by the contractor, that the agent has authority to enter on behalf of the principal into a contract of a kind within the scope of the ‘apparent’ authority, so as to render the principal liable to perform any obligations imposed upon him by such contract. To the relationship so created the agent is a stranger. He need not be (although he generally is) aware of the existence of the representation but he must not purport to make the agreement as principal himself. The representation, when acted upon by the contractor by entering into a contract with the agent, operates as an estoppel, preventing the principal from asserting that he is not bound by the contract. It is irrelevant whether the agent had actual authority to enter into the contract. In ordinary business dealings the contractor at the time of entering into the contract can in the nature of things hardly ever rely on the ‘actual’ authority of the agent. His information as to the authority must be derived either from the principal or from the agent or from both, for they alone know what the agent’s actual authority is. All that the contractor can know is what they tell him, which may or may not be true. In the ultimate analysis he relies either upon the representation of the principal, that is, apparent authority, or upon the representation of the agent, that is, warranty of authority. The representation which creates ‘apparent’ authority may take a variety of forms of which the commonest is representation by conduct, that is, by permitting the agent to act in some way in the conduct of the principal’s business with other persons. By so doing the principal represents to anyone who becomes aware that the agent is so acting that the agent has authority to enter on behalf of the principal into contracts with other persons of the kind which an agent so acting in the conduct of his principal’s business has usually ‘actual’ authority to enter into. | First International v Hungarian International Bank| An agent who had no apparent authority to conclude a transaction might nevertheless have apparent authority to make representations of fact concerning it, such as the fact that his principal had given the necessary approval for it. The Court of Appeal dismissed an appeal by the defendant, Hungarian International Bank Ltd, and upheld a decision of Judge Michael Kershaw QC, sitting as a deputy High Court judge in the Commercial Court on 23 October 1991, giving judgment for the plaintiff, First Energy (UK) Ltd. The case concerned an alleged contract under which the defendant was to provide the plaintiff with business finance. One of the issues was whether the defendant's agent had ostensible authority to communicate the offer upon which the contract was based. The judge held that he did, and that the plaintiff accepted that offer, so creating the contract. Mary Arden QC and Michael Todd (Chaffe Street, Manchester) for the defendant; Giles Wingate-Saul QC and Andrew Sander (Davies Arnold Cooper) for the plaintiff. LORD JUSTICE STEYN said a theme that ran through the law of contract was hat the reasonable expectations of honest men must be protected. It was not a rule or principle of law. But if the prima facie solution to a problem ran counter to reasonable expectations of honest men, this criterion sometimes required a rigorous re-examination of the problem to ascertain whether the law did compel demonstrable unfairness. In the present case, if their Lordships were to accept the implication s which the defendant had placed on observations of the House of Lords in Armagas Ltd v Mundogas SA (1986) 1 AC 717, it would frustrate the reasonable expectations of the parties. The plaintiff's case was that the defendant's agent, while not authorised to enter into the transaction, did have ostensible authority to communicate his head office's approval of the financing facility. He had sent the plaintiff a letter to this effect, which the judge held amounted to an offer capable of acceptance by the plaintiff. The law recognised that in modern commerce an agent who had no apparent authority to conclude a particular transaction might sometimes be clothed with apparent authority to make representations of fact. A decision that the agent did not have such authority would defeat the reasonable expectation of the parties. It would also fly in the face of the way in which in practice negotiations were conducted between trading banks and trading customers who sought commercial loans. RATIFICATION The agent whose act is sought to be ratified must have purported to act for the principal: Keighley, Maxstead ; Co v Durant [1901, UK], endorsed by Crowder v McAlister [1909, Qld] per Cooper CJ – â€Å"There can be no ratification of a contract by a person sought to be made liable as a principal, unless the person who made the contract professed to be acting on behalf of the other at the time. Keighley, Maxstead ; Co v Durant [1901, UK]: An agent had authority to purchase grain up to a particular price. Ended up contracting to pay too much, KMCo first decide to ratify, then change their minds. Problem was that the contract was in the name of the agent and of D. D sues, but loses. a. At the time the act was done the agent must have had a competent principal: Corporations Law – s 131(1). b. At the time of ratification the principal must be legally capable of doing the act himself. c. The principal must have full knowledge of all material facts relating to the act to be ratified. Ratification must take place within a reasonable time of the agent’s act unless the contract stipulates another more specific timeframe. The principal has no right to see if market conditions improve, or similar, before ratifying: Prince v Clark (1823). Ratification: entering into an unauthorised contract The principles of ratification Where an agent enters into an unauthorised contract, the principle may be happy to adopt it. This can be done by the process of ratification. For ratification to be available, however, the agent must purport to act on behalf of a principle, the principle must be in existence at the time of the contract, and the principle must have capacity. The agent must purport to act on behalf of a principle Because the agent must purport to be acting on behalf of another, ratification is not available where the principle is undisclosed. The third party must know that there is, or is supposed to be, a principle in the background. If the third party thinks that the agent is acting on his or her own account, no later ratification will be possible. The principle must be in existence at the time of the contract The second requirement for ratification, that is, that the principle is in existence at the time of ratification, arises mainly in relation to contracts made on behalf of new companies which are being formed. In Kelner v Baxter, it was held that if the company was not existence (in that it had not been incorporated) at the time of the contract, it could not later ratify the agreement. The purported ‘agents’, the promoters of the company, were therefore personally liable. Such personal liability is now imposed by statute, by virtue of s 36C of the Companies Act 1985. The principle must have capacity The final requirement is that the principle must have capacity. There are in theory two aspects to this rule. The first rule is that the principle must have capacity to make the transaction at the time of the contract. This has most obvious relevance to minors, who want to ratify after reaching majority. It could also apply to contracts made outside the powers of a company. The second aspect is that the principle must have capacity at the time of ratification. This was applied in Grover and Grover Ltd v Matthews. A contract of fire insurance was purported to be ratified after a fire had destroyed the property which was the subject of the insurance. It was held that this was ineffective because at the time of the purported ratification the principle could not have made the contract himself (because the property no longer existed). ‘Capacity’ is thus being given a rather broader meaning than usual, to cover the issue as to whether the principle would have in practice been able to make the contract in question. Ratification is retrospective in its effect, and the original contract must be treated as if it had been authorised from the start. This was confirmed by the Court of Appeal in Presentaciones Musicales SA v Secunda. The implications of this rule are clear from the decision in Bolton Partners v Lambert. Bolton Partners owned a factory, which Lambert offered to buy. This offer was accepted by the managing director, though in fact he had no authority to do this. On 13 January, there was a disagreement, and Lambert withdrew his offer. On 17 January, Bolton Partners started proceedings for breach of contract. On 28 January, the Board of Directors of Bolton Partners ratified the actions of the managing director. Lambert argued that this ratification came too late, but the Court of Appeal held that it had retrospectively validated the original contract, and that Lambert’s attempt to withdraw was therefore ineffective. INDOOR MANAGEMENT RULE and LIABLITY OF CRIMINAL and TORTOUS ACTS Royal British Bank v Turquand (1856) 6 E;B 327 is a UK company law case that held people transacting with companies are entitled to assume that internal company rules are complied with, even if they are not. This â€Å"indoor management rule† or the â€Å"Rule in Turquand's Case† is applicable in most of the common law world. It originally mitigated the harshness of the constructive notice doctrine, and in the UK it is now supplemented by the Companies Act 2006 sections 39-41. The rule in Turquand's case was not accepted as being firmly entrenched in law until it was endorsed by the House of Lords. In Mahony v East Holyford Mining Co[1] Lord Hatherly phrased the law thus: When there are persons conducting the affairs of the company in a manner which appears to be perfectly consonant with the articles of association, those so dealing with them externally are not to be affected by irregularities which may take place in the internal management of the company. So, in Mahoney, where the company's articles provided that cheques should be signed by any two of the three named directors and by the secretary, the fact that the directors who had signed the cheques had never been properly appointed was held to be a matter of internal management, and the third parties who received those cheques were entitled to presume that the directors had been properly appointed, and cash the cheques. The position in English law is now superseded by section 40 of the Companies Act 2006,[2] but the Rule in Turquand's Case is still applied throughout many common law jurisdictions in the Commonwealth. According to the Turquand rule, each outsider contracting with a company in good faith is entitled to assume that the internal requirements and procedures have been complied with. The company will consequently be bound by the contract even if the internal requirements and procedures have not been complied with. The exceptions here are: if the outsider was aware of the fact that the internal requirements and procedures have not been complied with (acted in bad faith); or if the circumstances under which the contract was concluded on behalf of the company were suspicious. However, it is sometimes possible for an outsider to ascertain whether an internal requirement or procedure has been complied with. If it is possible to ascertain this fact from the company's public documents, the doctrine of disclosure and the doctrine of constructive notice will apply and not the Turquand rule. The Turquand rule was formulated to keep an outsider's duty to inquire into the affairs of a company within reasonable bounds, but if the compliance or noncompliance with an internal requirement can be ascertained from the company's public documents, the doctrine of disclosure and the doctrine of constructive notice will apply. If it is an internal requirement that a certain act should be approved by special resolution, the Turquand rule will therefore not apply in relation to that specific act, since a special resolution is registered with Companies House (in the United Kingdom), and is deemed to be public information. Liability In English law, a corporation can only act through its employees and agents so it is necessary to decide in which circumstances the law of agency or vicarious liability will apply to hold the corporation liable in tort for the frauds of its directors or senior officers. If liability for the particular tort requires a state of mind, then to be liable, the director or senior officer must have that state of mind and it must be attributed to the company. In Meridian Global Funds Management Asia Limited v. Securities Commission [1995] 2 AC 500, two employees of the company, acting within the scope of their authority but unknown to the directors, used company funds to acquire some shares. The question was whether the company knew, or ought to have known that it had acquired those shares. The Privy Council held that it did. Whether by virtue of their actual or ostensible authority as agents acting within their authority (see Lloyd v Grace, Smith ; Co. [1912] AC 716) or as employees acting in the course of their employment (see Armagas Limited v Mundogas S. A. [1986] 1 AC 717), their acts and omissions and their knowledge could be attributed to the company, and this could give rise to liability as joint tortfeasors where the directors have assumed responsibility on their own behalf and not just on behalf of the company. So if a director or officer is expressly authorised to make representations of a particular class on behalf of the company, and fraudulently makes a representation of that class to a Third Party causing loss, the company will be liable even though the particular representation was an improper way of doing what he was authorised to do. The extent of authority is a question of fact and is significantly more than the fact of an employment which gave the employee the opportunity to carry out the fraud.

Psychology of a Serial Killer Essay

Abstract Serial killings are defined as â€Å"having three or more victims in as many locations and as different events with the killer having a ‘cool off’ between each attack† (Fox & Levin, 2005, p. 17). Serial killings also happen over a period of months or years with the killer leading a normal life in between. Psychology is the scientific study of behavior and mental process. â€Å"There are grounds for the point of view that serial killers act from a conscious perspective but are influenced by a variety of unconscious drives† (Holmes & Burger, 1988, p. 98). There are different views of what makes a serial killer, ranging from mental instability or defect to problematic and abusive childhoods. Looking at the murders, methods, victims, and motivations of three different serial killers received from coroner reports, witness accounts, and their own point of view provides an opportunity to see any similarities behind what drove them to kill. Psychology of a Serial Killer Jack the Ripper Considered one of the most infamous of the world’s serial killers, Jack the Ripper’s murder spree lasted from 1888 to 1892 in the East End of London. Also known as the Whitechapel Murderer, he attacked prostitutes during late night and early morning hours, mutilating his victims’ bodies with the skill of someone who knows basic anatomy. Jack the Ripper’s first known victim was Mary Nichols, a prostitute, who was found early in the morning in a gateway in Bucks Row, Whitechapel on 31 August 1888. â€Å"She was lying on her back with her legs straight out, skirts raised almost to her waist and throat slashed almost to the point of beheading† (Jones, 2010). His second victim was Annie Chapman, another prostitute, found 8 September 1888 in the backyard of 29 Hanbury Street at 6am. The official coroner report stated: The left arm was placed across the left breast. The legs were drawn up, the feet resting on the ground, and the knees turned outwards. The face was swollen and turned on the right side. The tongue protruded between the front teeth, but not beyond the lips. The tongue was evidently much swollen. The front teeth were perfect as far as the first molar, top and bottom and very fine teeth they were. The body was terribly mutilated†¦the stiffness of the limbs was not marked, but was evidently commencing. He noticed that the throat was dissevered deeply; that the incisions through the skin were jagged and reached right round the neck. On the wooden paling between the yard in question and the next, smears of blood, corresponding to where the head of the deceased lay, were to be seen. These were about 14 inches from the ground and immediately above the part where the blood from the neck was pooled. (Jones, 2010) Later, after the body was moved to the morgue, the autopsy conducted revealed Annie Chapman was missing her womb. The third victim was Elizabeth Stride on 30 September 1888. She was found at one in the morning in Dutfield Yard. Her throat was cut but, â€Å"she was lying on the ground as though quietly placed there† (Jones, 2010), obviously, one of Jack the Rippe r’s less horrific murders. Roughly forty-five minutes after finding Stride, the body of Catherine Eddowes was found in Mitre Square laying on her back, clothes thrown above her waist and her throat slit as well. Jack the Ripper’s fifth and supposedly final victim was Mary Kelly on 9 November 1888. She was found that morning at 10:45 in the morning in her room at Millers Court. The coroner report stated: The body was lying naked in the middle of the bed, the shoulders flat, but the axis of the body inclined to the left side of the bed. The head was turned on the left cheek. The left arm was close to the body with the forearm flexed at a right angle & lying across the abdomen. The right arm was slightly abducted from the body & rested on the mattress, the elbow bent & the forearm supine with the fingers clenched. The legs were wide apart, the left thigh at right angles to the trunk & the right forming an obtuse angle with the pubes. The whole of the surface of the abdomen & thighs was removed & the abdominal Cavity emptied of its viscera. The breasts were cut off, the arms mutilated by several jagged wounds & the face hacked beyond recognition of the features. The tissues of the neck were severed all round down to the bone. The viscera were found in various parts viz: the uterus & Kidneys with one breast under the head, the other breast by the Rt foot, the Liver between the feet, the intestines by the right side & the spleen by the left side of the body. The flaps removed from the abdomen and thighs were on a table. The bed clothing at the right corner was saturated with blood, & on the floor beneath was a pool of blood covering about 2 feet square†¦ The face was gashed in all directions the nose cheeks, eyebrows and ears being partly removed. The lips were blanched & cut by several incisions running obliquely down to the chin. There were also numerous cuts extending irregularly across all the features. (Jones, 2010) Police later found that at four in the morning, neighbors had heard muffled calls of murder but had ignored them believing them to be from a case of domestic violence. Little else is known of Jack the Ripper as he was never caught. Speculations about his identity range from the severely impoverished to the very wealthy, and suspects are being added to the list to this day. John Haigh A respectable, well dressed, middle-class man of the 1940’s, John Haigh was a depraved killer who frequently blamed his strict religious upbringing for his actions. He was raised in a purist and anti-clerical household where he was cut off from normal society and his only source of entertainment came from the Bible. According to Haigh’s father, the world was evil and a person who sinned became marked and evil. The fear of gaining such a mark caused Haigh to be terrified of doing anything wrong. â€Å"It is said that a turning point in the boy’s developing psyche came when Haigh realized that no such blemish would appear, despite having lied or committed some other questionable behavior. He then started to believe that he was invincible and could get away with anything† (UK, 2005-2011) thus causing Haigh to become a manipulating and compulsive liar. After leaving his parents’ home, Haigh became a salesman and took to illegal activities such as fraud that usually landed him in prison serving short sentences. Haigh’s first victim was from the McSwan Family, a family he had come to know well; he lived with them and worked for them before marrying the daughter later. September 1944, Haigh took Donald McSwan to his residence where he then killed him; â€Å"the murder was carefully planned – having bludgeoned his victim with a club (or a similar weapon); Haigh then destroyed the body in a vat of acid. When bone and flesh had been reduced to a sludge-like mess, he poured the gooey residue onto the dirt surface of an open yard behind the building† (John Haigh-Acid Bath Killer, n.d.) When Donald’s parents began asking Haigh about their son’s disappearance, he concocted a lie then lured them to his residence and disposed of them in the same fashion. He forged all their assets into his name and then promptly lost it gambling and began looking towards murder again. Haigh’s next victims were old retiree’s, Rosalie and Archibald Henderson that he met by acting as though he was going to buy a house from them. February 1948, he drove Dr. Henderson to his workshop where he shot him in the head and disposed of the body by dumping it into a vat of sulphuric acid. He then returned to Mrs. Henderson and told her that her husband had taken sick and needed her. She accompanied Haigh to his workshop where she met the same lethal fate as her husband. In both the McSwan and Henderson murders, Haigh emulated his victims’ handwriting and sent notes to their servants, relatives and friends; he explained that they had moved to Australia or some other distant place, mentioning that ‘Mr. Haigh’ would settle their affairs. (John Haigh-Acid Bath Killer, n.d.) Haigh gained a substantial amount of money from the Henderson’s which he again lost to gambling. Haigh found and killed his next victim on 18 February 1949. Mrs. Durand-Deacon accompanied him to the Gloucester Road address. As soon as she entered the basement premises, Haigh shot her in the back of the head, killing her instantly. He stripped her and dumped her body into a 40-gallon vat of sulphuric acid. Haigh drained the receptacle through a basement sewer; afterwards, he scraped the sludge from the vat and dumped this onto the dirt of the back yard. This was hard work and Haigh, according to his later statements, paused to go to the nearby Ye Olde Ancient Prior’s Restaurant where he ate an egg on toast. He then returned to his workshop to â€Å"tidy up†. (John Haigh-Acid Bath Killer, n.d.) This would be the murder that got him caught. Haigh decided to play the concerned citizen since his latest victim was so close to home so he approached her closet friend, Mrs. Lane, and asked about Mrs. Durand -Deacon. After replying that the friend had thought Mrs. Durand-Deacon had left with him, Haigh quickly denied the accusation. The following day, he asked the same question to Mrs. Lane who decided to report the disappearance to the police. Haigh accompanied her to the police station to navigate suspicion away from himself, but one police officer preformed a background investigation on Haigh and because of what he saw became suspicious. Haigh was arrested and sentenced to death regardless of his claims and demonstrations of insanity. Jesse H. Pomeroy â€Å"The Boy Fiend, Jesse Pomeroy, is the youngest convicted serial killer in history† (Wilhiem, 2010). Starting with a troubled childhood due to a birth defect, Pomeroy was the subject of ridicule among his peers and his father couldn’t stand the sight of him and would viciously beat him when angry before his mother chased him off. It was stated that; Jesse was an intelligent boy, if somewhat anti-social. He would not join the other boys in baseball games or other athletic pursuits, but he was fond of playing ‘scouts and Indians’ where he would invariably be an Indian and devise elaborate imaginary tortures for captive scouts (Wilhiem, 2010). Pomeroy’s mother was the first to notice something was wrong with her son after finding the heads twisted off her parakeets’ heads. The start of Pomeroy’s decent into murder began in Boston with Billy Paine who was found beaten in an outhouse. Soon after the police found Tracy Hayden in the same outhouse where â€Å"He was tied, stripped naked, and whipped across the back. The boy hit him in the face with a board, breaking his nose and knocking out two teeth. Then he threatened to cut off Tracy’s penis† (Wilhiem, 2010). Pomeroy’s third victim was Robert Maier who withstood the same brutal treatment. Chelsea police interviewed hundreds of boys but received no leads. Rumors began to circulate about the description of the killer and the picture people portrayed were that of the devil. Pomeroy was named â€Å"The Boy Torturer† after stripping and beating Johnny Balch. Pomeroy’s mother, suspected her son, and moved to South Boston with her family where the assaults continued only more often and more inhumane. â€Å"On August 17, seven-year-old George Pratt was abducted and wa s not just flogged. This time the abductor stuck a needle in his arm and his groin, and bit chunks of flesh from his face and buttocks† (Wilhiem, 2010). Pomeroy began using a knife to stab his victims repeatedly before attempting to cut off their genitalia. Robert Gould was the eighth victim and able to give police a useful description of his assailant. The parents of Gould refused to allow him to be escorted around to identify his attacker, and police were forced to ask Pomeroy’s seventh victim, Joseph Kennedy, who was then shown around the local schools and even came face to face with Pomeroy and was unable to identify him as the killer. That day, after school, for reasons Jesse was never able to explain, he went to the police station. Seeing Joseph Kennedy there, he quickly turned and left the station, but a policeman followed him out and brought him back. Now, looking closer, young Joseph saw the white eye and identified Jesse as his torturer. Jesse was held in a cell overnight and was persuaded to confess. The next day all of the victims identified him as their attacker. Jesse, then 12 years old, was sentenced to the reformatory, ‘for the term of his minority’ – a period of six years. (Wilhiem, 2010) Pomeroy acted as though he was better within the reformatory and seventeen months after his arrest, Pomeroy was placed on probation and set free. â€Å"March 18, 1874, 10-year-old Katie Curran left her home to buy a notebook for school and never returned. She was last seen entering Mrs. Pomeroy’s store. Everyone in the neighborhood knew Jesse’s history and the Corrans feared the worst.† (Wilhiem, 2010) At the police station Captain Dyer assured Mrs. Curran that Jesse could not be involved—he had been completely rehabilitated; besides he was only known to attack little boys. â€Å"Katie’s father was a Catholic and reflecting the attitudes of the time; local rumors said he sent her to a convent† (Wilhiem, 2010). Thirty-six days later a little boy, Horace Millen, was seen walking toward the wharf. Later that day Millen’s body was found half naked on the beach; he was stabbed multiple times in the chest, almost beheaded and half castrated. Pomeroy was the first person to come to the police chief’s mind upon hearing about the murders, but he quickly dismissed it on the assumption that Pomeroy was still in the reformatory, his men quickly corrected the assumption and were ordered to arrest Pomeroy. Pomeroy denied all charges, even when confronted with forensic evidence, until he was taken to see the dead body of Millen where â€Å"He admitted he killed Horace, something made him do it. He was sorry and wanted to leave. He told the policemen: ‘Put me somewhere, so I can’t do such things’† (Wilhiem, 2010). Pomeroy’s mother’s business suffered due to the recent events with her son, and she was forced to sell to a grocery chain. During renovations the decomposing body of Katie Curran was found under a heap of ashes and was only identifiable from her clothing. Pomeroy’s mother and brother were arrested for murder but were cleared by Pomeroy confessing to Curran’s murder after interrogation. Later, Pomeroy claimed to have only admitted guilt to save his mother. Pomeroy’s lawyers fought for the insanity plea but were denied because prosecution proved he knew right from wrong, Pomeroy was proven guilty for first degree murder at the age of 16 and sentenced to life in prison. Conclusion Looking at all three killers penchant for mutilating their victims’ bodies, the almost randomness in choosing of their victims, and the childhoods of at least two of the killers, mental trauma sustained during adolescence played a large part in the decline into becoming killers where they took the atrocities they viewed or had been done to them and focused them on their victims as a form of control and improper coping. Unfortunately, in the case of Jack the Ripper, we cannot look into his childhood and compare it to that of Pomeroy or Haigh, but we can deduce that with his choosing of female prostitutes and his horrific mutilation of them, he was traumatized as a child by his mother whether it was because she herself was a prostitute and he often saw her in-coitus with her customers or his mother was extremely controlling like that of the mother of Ed Gein, and after her death, possibly caused by him, he started reaching out and punishing her over and over again using local pr ostitutes as the subjects of his disdain. Pomeroy’s abuse and actions against his victims were a reflection of his father’s actions upon him that, as a way of control, he chose victims younger and smaller than himself to take control of the situation that he couldn’t at home; in essence, he was abusing himself for not being able to do anything against his own father. Haigh, though having an abusive and extremely volatile childhood, did not kill or choose his victims out of anything other than financial gain. Looking at his case files, we see the pattern that after he gambled away the profits of his previous killings he would then find new ‘prey’ to lure into his killing trap. His attempts at pleading insanity fell through because of his pattern of choosing only wealthy or profitable victims that benefitted him in the end and elevated his status. Applying criminological theory to these serial killers is possible, but narrowing their actions to just one is impossible. Some would say that Pomeroy was showing differential association and he had learned his behavior from his father or that strain could apply to both him and Haigh, though Haigh’s was from a financial stand point rather than from an inability to cope with his father beating him. Jack the Ripper is the only killer who would be difficult to apply any theory to with as little as we know of him or his childhood. References David Lester, P. (1995). Serial Killers: The Insatiable Passion. Philadelphia: Charles Press Publishers, Inc. Fox, J. A., & Levin, J. (2005). Extreme Killing: Understanding Serial and Mass Murder. Thousand Oaks, London, New Delhi: Sage Publications, Inc. Holmes, R. M., & Burger, J. D. (1988). Serial Murder. London: Sage Publications, Inc. John Haigh-Acid Bath Killer. (n.d.). Retrieved from horrorfind.com: http://usersites.horrorfind.com/home/horror/bedlambound/library/haigh.html Jones, R. (2010). Jack The Ripper: History, Victims, Letters, Suspects. Retrieved from Jack The Ripper History: http://www.jack-the-ripper.org/ Pomeroy, J. (2002). Autobiography of Jesse H. Pomeroy. Retrieved from http://kobek.com: http://kobek.com/autobiography.pdf UK, A. (2005-2011). Bibliography- John Haigh: The Acid bath Murderer on Crime and Investigation Network. Retrieved from CRIME FILE – Famous criminal: John Haigh: The Acid Bath Murderer : http://www.crimeandinvestigation.co.uk/crime-files/jo hn-haigh-the-acid-bath-murderer/biography.html Wilhiem, R. (2010, August 7). Jesse Pomeroy: â€Å"Boy Fiend†. Retrieved from Murder By Gaslight: http://murderbygasslight.blogspot.com/2010/08/jesse-pomeroy-boston-boy-fiend.html

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Property Market - Essay Example Lack of infrastructure and basic facilities would lead to downfall in prices of the land and investors will lose faith and retract the investment. This would be huge disaster for any businessman. Therefore before putting a land to sale check the basic amenities and infrastructure and the price of the land accordingly. Apart from state owned properties commercial and residential properties are in boom these days. Resident localities are fast growing and becoming some of the costliest living areas. Commercial properties that fetch income are of many kinds. Commercial show rooms and establishment of corporate offices are touching the heights of the real estate business. Commercial show room owners are ready to pay any amount of money to get a place in the most commercially viable areas. The reasons for the properties producing high income is leasing it out or renting the property for a specified period of time. The value of the commercial and office property keeps growing with the development of the city. With increasing number of tourists visiting the revenue increases. Tourism also plays an important in increasing the price of the land. As population of the country increases the cities start expanding and drag the outskirts into city limits.

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Proposal 1 - Assignment Example The primary focus of DroneIn will cater for developing more friendly and wholesome drones. Since there is an increasing rate of insecurity, my firm will create drones that cater for the growing market. I am not ignorant of the fact that, there are other established firms, which seems to have a relatively large share in this market. As such, i have established prior mechanisms that will enable me to cater for what the big players have left out. Although there are many player in this sector, there has VectorCal appears to be more established than a vast majority of other firms in this sector. It is a long way ahead, though there are promising results a willing heart. There are a number of weaknesses that I have seen in VectorCal, this create a open gap for exploitation. As mentioned earlier, VectorCal has not fully met the growing needs of a vast majority of consumers, additionally; this firm has a relatively weak forecasting method that have mainly focussed on short term goals success, poses clear threats. Ultimately, DroneIn will seek to be the leading entity in this sector with regards to provision of friendly but yet sophisticated drones that will serve the needs of the ever change consumers. Additionally, my firm will establish long term relationships with the consumers through offering affordable and easily controllable drones (Barnhart, 2012: pg 240-241). Conclusively, my firm will strive to give the consumers a reason to continuously work with us. My target consumers mainly involve governments, private security agencies and individuals. There are prior measures that have been established to cater for the different needs that are evident in the three groups. As for the government, I have ensured that there will be more faster and yet stable drones. Since private agencies have a growing need for drones that are smaller, I have sourced out relevant technologies that will

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Math word problems Essay In a right angled triangle, the square of the hypotenuse side of the triangle is equal to the sum of the opposite side and adjacent sides of the triangle (Eves, 1997). This is known as the Pythagoras triangle. There are various applications of Pythagoras theorem in day-to-day situation that involves right angled triangles. An example of the application of Pythagoras theorem involving right angle triangles in day-to-day situations is in the determination of the height of a window from the foot of the ground. It is quite difficult to accurately determine the height of a window from the foot of the ground, but with the application of Pythagoras theorem this makes it easier. Assuming, we have a rigid ladder that leans against a vertical house, touching the window whose height is to be determined. This forms a right angled triangle. The distance from the base of the ladder to the foot of the building represents the adjacent side of the triangle and the length of the ladder is the hypotenuse side of the triangle, the height of the window whose length is to be determined is the opposite side of the triangle. Let the length of the ladder be represented by h, the distance between the foot of the ladder and the foot of the building be represented by a, then the height of the window from the base of the building be represented by o. Each parameter represents the hypotenuse, adjacent and the opposite sides of the triangle. Mathematically, applying Pythagoras theorem, h2= o2 + a2 The length of the window is the opposite side of the triangle and is represented by o above. Therefore making o the subject of the formulae, We have o= v (h2 – a2). So given that we know the length of the ladder and the horizontal distance between the foot of the ladder and the foot of the building, then the height of the window can be calculated using the above formulae. The application of Pythagoras theorem in the determination of the height of a window further validates the authenticity of the theorem. Reference Eves, H. (1997). Foundations and Fundamental Concepts of Mathematics. New York: Dover Publications.

Sexuality at Different Life Stages Essay Example for Free

Sexuality at Different Life Stages Essay Anna, an adolescent girl, is very much in love with her boyfriend who is three years older than she. He is putting a lot of pressure on her to have sex. At the same time, she is anxious about her parents’ attitude towards her boyfriend. Her mother constantly warns her about dating an older boy and assumes that he intends to take advantage of her. Young Anna is experiencing new emotions along with new physical sensations triggered by hormones and the lives of her peers. There are several topics Anna needs to discuss in order to make the best decision without feeling uncomfortable or forced by her parents, her boyfriend, or even her therapist. Anna’s Age Anna needs to discuss the difference between what she is feeling now versus how she will feel as an adult, once the hormone levels have evened out. It is important for her to understand that what she thinks may be a long term, emotional, attachment, may end much sooner than she think and that making a decision based on these emotion may end up causing her emotional pain. By explaining to Anna that, if the love is as strong as she believes it to be, her relationship will last long enough for her to be able to make this decision without all of the physical, emotional, and peer pressure she may feel more comfortable in waiting to make such a major move with her boyfriend. Self Esteem Anna is feeling pressure from her boyfriends and may fear the relationship will end if she does not have sex with him. Anna and her therapist need to take time to discuss how she sees herself and how she feels others view her. With a higher self esteem, Anna may come to understand that she doesn’t have to give in to his pressure and, if the relationship does end, that she will have plenty of chances to find someone else who she will see as just as good, or better, than her current boyfriend. Raising her self esteem may also help her feel more confident in making decision that may go against what her peers are doing or trying to convince her to do. If she can feel strong in her decisions, there may be less of a chance of others changing her mind simply because â€Å"everyone else is doing it†. Sexual Realities Many adolescents may believe that engaging in sexual activities makes them more mature or helps them reach adulthood faster than others. Helping Anna understand the truth about what sex may or may not change about her body and personality could give her a better understanding about herself and her peers as she tries to make the difficult decisions that come with growing up. It may also help calm some fears that she may have about sexuality that she may have receive from listening to misinformed peers. Contraception and Sexually Transmitted Infections Whatever Anna decides, she needs to know how to protect herself from unwanted pregnancy and sexually transmitted infections. Since there are many myths on how to prevent pregnancy and STIs, she needs to know the truth so she can avoid potentially dangerous or negatively life altering situations. With this knowledge, Anna may decide to wait until she has more understanding or, at least, until she can feel sure that sex with her boyfriend is safe and they are both willing and able to take on the responsibilities of contraception, or of raising a child if they choose not to prevent pregnancy. Conclusion Whatever Anna decides, the best thing is that she makes an informed decision. With proper knowledge, she can prevent much of the emotional and physical pain that can come from a misinformed decision and possibly even decide to wait until her body, and her emotions are fully matured and she is truly ready to take on the responsibility of sexual activity. Her therapist needs to help her communicate openly about her fears, wants, and needs and show her what she needs to be happy and healthy through this stressful and confusing time in her life. Before and after Anna decides, she needs someone who is well informed to speak to openly about sex and the different feelings that come along with each activity.

What Is The Multiparty System Politics Essay

What Is The Multiparty System Politics Essay Multiparty system is a system where two or more political parties dominate voting process in almost all elections at every stage of government. This results in almost all elected offices being members of one of the two or more major political parties. In a multi party system, one party typically holds the majority of the sits in the parliament and mainly known as the majority party while the rest are minority parties (Sarma 2007, p.1). Germany is a federal republic based on a representative democracy. German politics for instance take place in the perspective of parliamentary representative perspective. The Chancellor heads the German government. The German republic has of late experience a lot of political instability and due to the existence of more than one political party. Initially, the German republic experienced a lot of political threats due to political issues. In 1919-1933 there was what it was termed as spartacist uprising. The movement had a lot of left wing political views. The group came up from the independent socialists movement after being subjected to a lot of frustrations in the government. Currently, the question is not dictatorship or democracy but the history has put the question and reads as; socialists democracy (Dalton 1981, p. 74) On 1 January 1919, the followers of the Spartacist movement came up in an attempted revolution. At first, the move was resisted by the movement leaders. The new government reacted quickly and in a brutal manner. The government ordered the army to terminate the revolution with the help of a paramilitary group made up of the former service men. The city of Berlin came back to normalcy in two weeks time. The two leaders of the movement were executed in cold blood while in police custody (Rupnik 2003, p.237). Great movement of workers answered the call to struggle. They had a favorite slogan dubbed Down, down, down (with the government) resounded once more. According to the eyewitness, he says that he had to cross the Brandenburg procession at the gate near Tiegarten and also in front of the main staff headquarters. Most of the marchers were well armed and many trucks equipped with machine guns stood at Siegessaule. The witness says he repeatedly asked to be allowed to pass since he had an urgent task. They obligingly allowed him to pass. If the crowds had determined and conscious leaders instead of just windbags, Berlin would have been in their hands that very same day at noon (Baker 1981, p.75) Roadblocks were raised and fighting started as the Freikorps tried to bring back order. Noske was immediately given dictatorial powers across Berlin through the swift action by the government. Noske immediately ordered for 30,000 Freikorps troops to enter Berlin. By March 9th, the councils soldiers and workers decided to terminate the strike. However, this did not placate Noske together with the Freikorps. In contradiction, Noske announced that any individual who bears weapons against the government troops will be shot on sight. By the time the fighting was over, some 2000-3000 workers had lost their lives and nearly 10,000 were seriously wounded. On the same month, the communists party was murdered in a police station while attempting to escape (Zielonka 2003, .p 200). These events give us the picture of how multi party system can lead to political instability in any country. Germany experience a lot of unrest during the First World War then it was also affected by political unrest in 1920s. At this stage, Germany was yet to experience more of political storms for decades (Mattox 2001, p. 35). Recently, in 2005, a general election was held and was highly competitive. The same elections led to the Left Party coming up as a force to the left of SPD (Schweitzer 1995, p 244). Concurrently, the country is going through an increasing level of trade union militancy. This trend gives the impression of a growing malaise inside the German society as a layer of youth and workers look for an alternative (Rachwald 2000, p. 40) The strike to demand for higher wages in the public sector and the coming up of a newly created Left Party in the Western part of the country have covered the larger portion of the political scene in the country of late (Jones 2005, p.11). Whereas the Chancellor Angela Merkel with her Grand Coalition of Christian Democrats (CDU) and Social Democrats (SPD) pride themselves on issues concerning economic growth as well as the reduction in the figures of un-employment with tens of millions of German working class citizens living in a different reality (Pedley 2000, p. 62). In contrary to some of the European countries, the German real wages have fallen drastically in the recent years. In various economic sectors without strong unions even the most absolute level of income has considerably reduced. The process of labor casualization is going on. Millions of working poor citizens cannot sustain themselves with the wages and have to look for or ask for more welfare benefits (Collier 2003, p.13). Hessen is the worst hit area of Germany by the political crisis. This state in the heart of the country with a population of six million inhabitants, the local Christian democrats had got overall majority seats with more than 48% of the votes cast in the year 2003. CDU used the position to come up with a neoliberal attack. This year, the January elections were highly competitive and it was a tough race between the CDU and SPD (Schofield 1998, p. 267). This is significant because the CDU in Hessen is known to be notorious for being especially reactionary and when it was only two weeks before the elections, they that they would not win. This led to the launching of a vicious and desperate racists and anti-communist operation, arguing that if the left were to be elected to legislature and possibly take in a regional government would gradually change Hessen into another Stalinist state in Germany (Roberts 2003, p 91). This reactionary propaganda failed to get the needed effect. It was followed by a huge liberal operation of posters with catchphrases such as freedom or socialism. However, it failed to win most of the two traditional bourgeois parties. On the other hand, the greens and SPD who had stated that they were intending to come up with a coalition in the region also failed to capture the majority seats between them and therefore had to rely only on six members of parliament elected on the Die Linke party to get the regional SPD leader (Siaroff 2009, p. 202). The Hessen case for instance, the need for Deutsche Telekom re-nationalization with compensation based on the proven need, was highly accepted by Die Linke conference during the last summer without any resistance at all (Fairclough 2002, p 123). All these events in Germany were dictated by the countrys political climate. The political climate in Germany has proven beyond any reasonable doubt that a multiparty state is likely to realize political turmoil because of the misunderstanding between the party leaders. Another country in Europe that experiences a lot of polital instability due to multiparty system is Ireland. These two countries have become the central focus in Europe due to the nature of their party organizations. Ireland is an independent democratic nation with a parliamentary system of government. The president is the head of state and mainly ceremonial. He is elected for a term that lasts seven years. The current president is called Mary McAleese, who is serving her second term after taking over the leadership from President Mary Robinson (Prager 2009, p. 133). So far, the Irish politics remain dominated by two main political parties that came up out of the countrys worst civil war in early 1920s. Those who resisted the 1921 agreement that separated the island (Boyce 1995, p.76) formed the Fianna party. Although the opponents of the treaty lost in the war, Fianna soon became the countrys biggest political party. The countrys second largest party is called Fine Gael. Other significant parties include the Greens, Sinn and Labor (Foley 1992, p. 20). The May 2007 general elections brought the countrys largest party Fianna and its leader Bertie back to leadership in a coalition government for un-expected five-year term. Members of the coalition who joined the leading party were the Green party as well as the progressive democrats (Boyland 1990, p. 30). In early 2008, the countrys president announced his intentions to resign as the president. On April the same year, a new party leader was elected and assumed office in May. All these events played a major role in shaping the Irish political landscape. However, in June 2009 Fianna suffered the biggest defeat through the European and local elections. Fine Gael, independent and Labor parties got healthy margins (Farrell 1978, p.29). In the referendum that was held on October the same year, the voters approved the Lisbon treaty and European Union 33% and 67 % respectively. The politics have however made the popularity of the current government to decline because of the poor economic performance (Penniman 1989, p.45). In Northern Ireland, the conflict comes out of the history of the British rule. The historical animosity between the Protestants and the Catholics with various armed political efforts to unite the country with other parts of the island. Republican and Nationalists groups were looking for a united country whereas the unionists and loyalists want the country to remain part of United Kingdom (Richard 1992, p.47). After many years in war by the Loyalists and the Republicans paramilitaries especially the provisional Republican Army of Ireland, the Irish and the British governments agreed fro a PIRA ceasefire in 1994, which was then followed by the famous U.S Good Friday treaty in 1998 (Cox 2006, p. 60). The GFA came up with a power sharing executive and assembly to serve as the local government of Northern Ireland. The countrys assembly had 108 elected. The main political parties in Northern Ireland are the Democratic Unions Party (DUP), Sinn Ulster Unionist Party (UUP), Fein and the Social Democratic and Labor Party (Stephen 2005, p.200).

Napoleon :: essays research papers

Napoleon Bonaparte’s natural character can best be exemplified of that being of a revolutionary and nationalist individual. The political, social, and economic reforms personify Napoleon Bonaparter’s natural characteristics as both a revolutionary and a nationalist. Napoleon Bonaparte’s characteristics as a revolutionary can be seen is his consolidation and institutionalization of many reforms of the French Revolution during his leadership of France. In addition, Napoleon’s nationalist attributes can be best expressed in his ambitions to strengthen the power of France and the waging of the many wars in Europe historically referred as the Napoleonic Wars. Napoleon Bonaparte’s revolutionary and nationalist attributes are characterized in his political reforms. At first Napoleon favored the republic established by the French Revolution and he supported the Jacobins. Soon after he joined Abbe Sieyes in a successful coup d’ etat to overthrow the Directory. In overthrowing the Directory, Napoleon issued the Constitution of the Year VIII. The new constitution was established universal male suffrage that suggested democratic principles, a complicated system of checks and balances that appealed to republican theory, and a Council of State the evoked memories of Louis XIV. The new constitution in fact established the rule of one man—the First Consul, Bonaparte. He was elected the First Consul, he was the first modern political figure to use the rhetoric of revolution and nationalism, to back it with military force, and to combine those elements into a mighty weapon of imperial expansion in the service of his own power and amb ition. He can also illustrate his characteristic as a revolutionary by establishing an empirical government in France. As First Consul, Napoleon issued a general amnesty and employed in his own service persons from all political factions. He was ruthless and efficient in suppressing opposition, he established a highly centralized administration in which prefects directly responsible to the central government in Paris managed all departments, and he also employed secret police. All of these political reforms characterized his revolutionary attributes due to the fact that he embodied reforms that changed the political structure of France; also these reform characterized his nationalist attributes in that these political reforms were for the good of the state of France.   Ã‚  Ã‚  Ã‚  Ã‚  The social reforms that Napoleon Bonaparte instituted distinguish his traits of an individual as a revolutionary and nationalist. Napoleon continued the policy, of the French Revolution, of abolishing all the social inequality that marked the Old Regime.

Healthier Living Practices Essay -- Health, Public Spaces, Walking Env

Research has made it clear that healthier living practices need to be implemented in our daily lives. Health concerns have raised awareness and motivation throughout the world in recent years. An interest in more physically interactive public areas and spaces has been a proposed idea to the matter. The Chicago’s World Fair became a catalyst of sorts to organized, active and functional landscaping. Funding is provided from both state and federal agencies but has recently been an area of less concern. Ignoring potential health benefits from public areas by not constructing them is perhaps worth the extra available budget to some but recent studies show that the populous needs the areas to live healthier lives. Nevertheless, the success of these outdoor areas has left many questioning why their local community or city does not have such a place. More specifically explained by Joachim P Sturmberg, Carmel M. Martin and Di O’Halloran’s Journal, Music in the Park, parks offer â€Å"universal access and equity to be shared by all who want to go there (409).† Public spaces like parks and plazas offer many features that make them positive investments. Lavish open green lawns are a key factor and are the most notable characteristic of a park today. â€Å"The possibility of being physically active is greater among those living in areas with a larger proportion of land dedicated to public parks (1420).† The quote from Eduardo J. Simoes’ article concerning physical activity in public parks suggest that simply having more available recreational areas will influence the public to be active. Setting aside land for public space is done at both state and federal levels but at times get wasted and not used to its upmost potential. An organization out of Fl... ...ivity promotion and parks and recreation, the role of public parks and recreation setting has been acknowledged only recently by public health professions.† An area that has been revolutionized within the last century and only has room to grow, innovate and change the lives of all. â€Å"Despite the increasing recognition of the growing role of parks and recreation, a number of questions remain unanswered about how park and recreation programs are central to physical activity promotion within communities. (1)† Regardless the fact that these public places are positively influencing our communities, children lives, and inevitably paving the way for a healthier tomorrow should be reason enough to support the construction and use of more public spaces. Healthier, happier people are the outcome of these areas, lets embrace these spaces and make an effort to keep them clean.

Music And Ednas Awakening :: essays research papers

In Kate Chopin’s The Awakening, the romantic and lyrical nature of Frederick Chopin’s Impromptu, as well as its originality, are the vehicle by means of which Edna realizes her love for Robert and her desire to be free and self-determined. Chopin’s Impromptu arouses "the very passions ... within [Edna’s] soul"(p.34). The harmony, fluidity, subtle rhythm and poetic beauty of the Romantic composer make Edna loose herself in the music that stirs her emotions. The art completes, for her, what nature cannot bring to a finish. The exquisite, looping, and often fiery melodies of the Impromptu make a cut in Edna’s mind through the conventional beliefs about people and society. Because she is not a musician, her listening is based on intuition, allowing for a direct apprehension of the music by the soul and leading to a confrontation with the reality itself — the reality of "solitude, of hope, of longing, ... of despair"(p.34). This is the beginning of Edna’s awakening, for such emotions, especially despair, are not an end but a beginning because they take away the excuses and guilts, those toward herself, from which she suffers. This revelation of previously hidden conflicts gives birth to dramatic emotions within Edna. It is so powerful that Edna wonders if she "shall ever be stirred again as...Reisz’s playing moved" her that night (p.38). For Edna, the times that Reisz plays are times when she "take[s] an impress of the abiding truth" and realizes her true desires(p.34). When Edna visits her, Reisz first improvises at the instrument and then plays the Impromptu which itself has original and adventurous themes. Through music Edna realizes the importance of being self-actualized and making choices. She again feels the same as that night when "new voices awoke in her"—when through music, the way to genuine freedom was revealed to her (p.84). However, having freedom comes with responsibility, which like giving birth to art, requires special skill. For Edna, the fantasies of freedom are transformed into reality wholly only in music and possibly the inability to acquire the skill to deal with her new emotions in life explains the dramatic conclusion to the journey and exploration of the passions that begin on the island.

Chapter 9 Grim Defeat

Professor Dumbledore sent all the Gryffindors back to the Great Hall, where they were joined ten minutes later by the students from Hufflepuff, Ravenclaw, and Slytherin, who all looked extremely confused. â€Å"The teachers and I need to conduct a thorough search of the castle,† Professor Dumbledore told them as Professors McGonagall and Flitwick closed all doors into the hall. â€Å"I'm afraid that, for your own safety, you will have to spend the night here. I want the prefects to stand guard over the entrances to the hall and I am leaving the Head Boy and Girl in charge. Any disturbance should be reported to me immediately,† he added to Percy, who was looking immensely proud and important. â€Å"Send word with one of the ghosts.† Professor Dumbledore paused, about to leave the hall, and said, â€Å"Oh, yes, you'll be needing†¦Ã¢â‚¬  One casual wave of his wand and the long tables flew to the edges of the hall and stood themselves against the walls; another wave, and the floor was covered with hundreds of squashy purple sleeping bags. â€Å"Sleep well,† said Professor Dumbledore, closing the door behind him. The hall immediately began to buzz excitedly; the Gryffindors were telling the rest of the school what had just happened. â€Å"Everyone into their sleeping bags!† shouted Percy. â€Å"Come on, now, no more talking! Lights out in ten minutes!† â€Å"C'mon,† Ron said to Harry and Hermione; they seized three sleeping bags and dragged them into a corner. â€Å"Do you think Black's still in the castle?† Hermione whispered anxiously. â€Å"Dumbledore obviously thinks he might be,† said Ron. â€Å"It's very lucky he picked tonight, you know,† said Hermione as they climbed fully dressed into their sleeping bags and propped themselves on their elbows to talk. â€Å"The one night we weren't in the tower†¦Ã¢â‚¬  â€Å"I reckon he's lost track of time, being on the run,† said Ron. â€Å"Didn't realize it was Halloween. Otherwise he'd have come bursting in here.† Hermione shuddered. All around them, people were asking one another the same question: â€Å"How did he get in?† â€Å"Maybe he knows how to Apparate,† said a Ravenclaw a few feet away, â€Å"Just appear out of thin air, you know.† â€Å"Disguised himself, probably,† said a Hufflepuff fifth year. â€Å"He could've flown in,† suggested Dean Thomas. â€Å"Honestly, am I the only person who's ever bothered to read Hogwarts, A History?† said Hermione crossly to Harry and Ron. â€Å"Probably,† said Ron. â€Å"Why?† â€Å"Because the castle's protected by more than walls, you know,† said Hermione. â€Å"There are all sorts of enchantments on it, to stop people entering by stealth. You can't just Apparate in here. And I'd like to see the disguise that could fool those Dementors. They're guarding every single entrance to the grounds. They'd have seen him fly in too. And Filch knows all the secret passages, they'll have them covered†¦Ã¢â‚¬  â€Å"The lights are going out now!† Percy shouted. â€Å"I want everyone in their sleeping bags and no more talking!† The candles all went out at once. The only light now came from the silvery ghosts, who were drifting about talking seriously to the prefects, and the enchanted ceiling, which, like the sky outside, was scattered with stars. What with that, and the whispering that still filled the hall, Harry felt as though he were sleeping outdoors in a light wind. Once every hour, a teacher would reappear in the Hall to check that everything was quiet. Around three in the morning, when many students had finally fallen asleep, Professor Dumbledore came in. Harry watched him looking around for Percy, who had been prowling between the sleeping bags, telling people off for talking. Percy was only a short way away from Harry, Ron, and Hermione, who quickly pretended to be asleep as Dumbledore's footsteps drew nearer. â€Å"Any sign of him, Professor?† asked Percy in a whisper. â€Å"No. All well here?† â€Å"Everything under control, sir.† â€Å"Good. There's no point moving them all now. I've found a temporary guardian for the Gryffindor portrait hole. You'll be able to move them back in tomorrow.† â€Å"And the Fat Lady, sir?† â€Å"Hiding in a map of Argyllshire on the second floor. Apparently she refused to let Black in without the password, so he attacked. She's still very distressed, but once she's calmed down, I'll have Mr Filch restore her.† Harry heard the door of the hall creak open again, and more footsteps. â€Å"Headmaster?† It was Snape. Harry kept quite still, listening hard. â€Å"The whole of the third floor has been searched. He's not there. And Filch has done the dungeons; nothing there either.† â€Å"What about the Astronomy tower? Professor Trelawney's room? The Owlery?† â€Å"All searched†¦Ã¢â‚¬  â€Å"Very well, Severus. I didn't really expect Black to linger.† â€Å"Have you any theory as to how he got in, Professor?† asked Snape. Harry raised his head very slightly off his arms to free his other ear. â€Å"Many, Severus, each of them as unlikely as the next.† Harry opened his eyes a fraction and squinted up to where they stood; Dumbledore's back was to him, but he could see Percy's face, rapt with attention, and Snape's profile, which looked angry. â€Å"You remember the conversation we had, Headmaster, just before — ah — the start of term?† said Snape, who was barely opening his lips, as though trying to block Percy out of the conversation. â€Å"I do, Severus,† said Dumbledore, and there was something like warning in his voice. â€Å"It seems — almost impossible — that Black could have entered the school without inside help. I did express my concerns when you appointed –â€Å" â€Å"I do not believe a single person inside this castle would have helped Black enter it,† said Dumbledore, and his tone made it so clear that the subject was closed that Snape didn't reply. â€Å"I must go down to the Dementors,† said Dumbledore. â€Å"I said I would inform them when our search was complete.† â€Å"Didn't they want to help, sir?† said Percy. â€Å"Oh yes,† said Dumbledore coldly. â€Å"But I'm afraid no Dementor will cross the threshold of this castle while I am Headmaster.† Percy looked slightly abashed. Dumbledore left the hall, walking quickly and quietly. Snape stood for a moment, watching the headmaster with an expression of deep resentment on his face; then he too left. Harry glanced sideways at Ron and Hermione. Both of them had their eyes open too, reflecting the starry ceiling. â€Å"What was all that about?† Ron mouthed. ******** The school talked of nothing but Sirius Black for the next few days. The theories about how he had entered the castle became wilder and wilder; Hannah Abbott, from Hufflepuff, spent much of their next Herbology class telling anyone who'd listen that Black could turn into a flowering shrub. The Fat Lady's ripped canvas had been taken off the wall and replaced with the portrait of Sir Cadogan and his fat gray pony. Nobody was very happy about this. Sir Cadogan spent half his time challenging people to duels, and the rest thinking up ridiculously complicated passwords, which he changed at least twice a day. â€Å"He's a complete lunatic,† said Seamus Finnigan angrily to Percy. â€Å"Can't we get anyone else?† â€Å"None of the other pictures wanted the job,† said Percy. â€Å"Frightened of what happened to the Fat Lady. Sir Cadogan was the only one brave enough to volunteer.† Sir Cadogan, however, was the least of Harry's worries. He was now being closely watched. Teachers found excuses to walk along corridors with him, and Percy Weasley (acting, Harry suspected, on his mother's orders) was tailing him everywhere like an extremely pompous guard dog. To cap it all, Professor McGonagall summoned Harry into her office, with such a somber expression on her face Harry thought someone must have died. â€Å"There's no point hiding it from you any longer, Potter,† she said in a very serious voice. â€Å"I know this will come as a shock to you, but Sirius Black –â€Å" â€Å"I know he's after me,† said Harry wearily. â€Å"I heard Ron's dad telling his mum. Mr. Weasley works for the Ministry of Magic.† Professor McGonagall seemed very taken aback. She stared at Harry for a moment or two, then said, â€Å"I see! Well, in that case, Potter, you'll understand why I don't think it's a good idea for you to be practicing Quidditch in the evenings. Out on the field with only your team members, it's very exposed, Potter –â€Å" â€Å"We've got our first match on Saturday!† said Harry, outraged. â€Å"I've got to train, Professor!† Professor McGonagall considered him intently. Harry knew she was deeply interested in the Gryffindor team's prospects; it had been she, after all, who'd suggested him as Seeker in the first Place. He waited, holding his breath. â€Å"Hmm†¦Ã¢â‚¬ Professor McGonagall stood up and stared out of the window at the Quidditch field, just visible through the rain. â€Å"Well†¦goodness knows, I'd like to see us win the Cup at last†¦but all the same, Potter†¦I'd be happier if a teacher were present. I'll ask Madam Hooch to oversee your training sessions.† ******** The weather worsened steadily as the first Quidditch match drew nearer. Undaunted, the Gryffindor team was training harder than ever under the eye of Madam Hooch. Then, at their final training session before Saturday's match, Oliver Wood gave his team some unwelcome news. â€Å"We're not playing Slytherin!† he told them, looking very angry. â€Å"Flint's just been to see me. We're playing Hufflepuff instead.† â€Å"Why?† chorused the rest of the team. â€Å"Flint's excuse is that their Seeker's arm's still injured,† said Wood, grinding his teeth furiously. â€Å"But it's obvious why they're doing it. Don't want to play in this weather. Think it'll damage their chances†¦Ã¢â‚¬  There had been strong winds and heavy rain all day, and as Wood spoke, they heard a distant rumble of thunder. â€Å"There's nothing wrong with Malfoy's arm!† said Harry furiously. â€Å"He's faking it!† â€Å"I know that, but we can't prove it,† said Wood bitterly, â€Å"And we've been practicing all those moves assuming we're playing Slytherin, and instead it's Hufflepuff, and their style's quite different. They've got a new Captain and Seeker, Cedric Diggory –â€Å" Angelina, Alicia, and Katie suddenly giggled. â€Å"What?† said Wood, frowning at this lighthearted behavior. â€Å"He's that tall, good-looking one, isn't he?† said Angelina. â€Å"Strong and silent,† said Katie, and they started to giggle again. â€Å"He's only silent because he's too thick to string two words together,† said Fred impatiently. â€Å"I don't know why you're worried, Oliver, Hufflepuff is a pushover. Last time we played them, Harry caught the Snitch in about five minutes, remember?† â€Å"We were playing in completely different conditions!† Wood shouted, his eyes bulging slightly. â€Å"Diggory's put a very strong side together! He's an excellent Seeker! I was afraid you'd take it like this! We mustn't relax! We must keep our focus! Slytherin is trying to wrong-foot us! We must win!† â€Å"Oliver, calm down!† said Fred, looking slightly alarmed. â€Å"We're taking Hufflepuff very seriously. Seriously.† ******** The day before the match, the winds reached howling point and the rain fell harder than ever. It was so dark inside the corridors and classrooms that extra torches and lanterns were lit. The Slytherin team was looking very smug indeed, and none more so than Malfoy. â€Å"Ah, if only my arm was feeling a bit better!† he sighed as the gale outside pounded the windows. Harry had no room in his head to worry about anything except the match tomorrow. Oliver Wood kept hurrying up to him between classes and giving him tips. The third time this happened, Wood talked for so long that Harry suddenly realized he was ten minutes late for Defense Against the Dark Arts, and set off at a run with Wood shouting after him, â€Å"Diggory's got a very fast swerve, Harry, so you might want to try looping him –â€Å" Harry skidded to a halt outside the Defense Against the Dark Arts classroom, pulled the door open, and dashed inside. â€Å"Sorry I'm late, Professor Lupin. I –â€Å" But it wasn't Professor Lupin who looked up at him from the teacher's desk; it was Snape. â€Å"This lesson began ten minutes ago, Potter, so I think we'll make it ten points from Gryffindor. Sit down.† But Harry didn't move. â€Å"Where's Professor Lupin?† he said. â€Å"He says he is feeling too ill to teach today,† said Snape with a twisted smile. â€Å"I believe I told you to sit down?† But Harry stayed where he was. â€Å"What's wrong with him?† Snape's black eyes glittered. â€Å"Nothing life-threatening,† he said, looking as though he wished it were. â€Å"Five more points from Gryffindor, and if I have to ask you to sit down again, it will be fifty.† Harry walked slowly to his seat and sat down. Snape looked around at the class. â€Å"As I was saying before Potter interrupted, Professor Lupin has not left any record of the topics you have covered so far –â€Å" â€Å"Please, sir, we've done Boggarts, Red Caps, Kappas, and Grindylows,† said Hermione quickly, â€Å"and we're just about to start –â€Å" â€Å"Be quiet,† said Snape coldly. â€Å"I did not ask for information. I was merely commenting on Professor Lupin's lack of organization.† â€Å"He's the best Defense Against the Dark Arts teacher we've ever had,† said Dean Thomas boldly, and there was a murmur of agreement from the rest of the class. Snape looked more menacing than ever. â€Å"You are easily satisfied. Lupin is hardly overtaxing you — I would expect first years to be able to deal with Red Caps and Grindylows. Today we shall discuss –â€Å" Harry watched him flick through the textbook, to the very back chapter, which he must know they hadn't covered. â€Å"– werewolves,† said Snape. â€Å"But, sir,† said Hermione, seemingly unable to restrain herself, â€Å"we're not supposed to do werewolves yet, we're due to start Hinkypunks –â€Å" â€Å"Miss Granger,† said Snape in a voice of deadly calm, â€Å"I was under the impression that I am teaching this lesson, not you. And I am telling you all to turn to page 394.† He glanced around again. â€Å"All of you! Now!† With many bitter sidelong looks and some sullen muttering, the class opened their books. â€Å"Which of you can tell me how we distinguish between the werewolf and the true wolf?† said Snape. Everyone sat in motionless silence; everyone except Hermione, whose hand, as it so often did, had shot straight into the air. â€Å"Anyone?† Snape said, ignoring Hermione. His twisted smile was back. â€Å"Are you telling me that Professor Lupin hasn't even taught you the basic distinction between –â€Å" â€Å"We told you,† said Parvati suddenly, â€Å"we haven't got as far as werewolves yet, we're still on –â€Å" â€Å"Silence!† snarled Snape. â€Å"Well, well, well, I never thought I'd meet a third-year class who wouldn't even recognize a werewolf when they saw one. I shall make a point of informing Professor Dumbledore how very behind you all are†¦Ã¢â‚¬  â€Å"Please, sir,† said Hermione, whose hand was still in the air, â€Å"the werewolf differs from the true wolf in several small ways. The snout of the werewolf –â€Å" â€Å"That is the second time you have spoken out of turn, Miss Granger,† said Snape coolly. â€Å"Five more points from Gryffindor for being an insufferable know-it-all.† Hermione went very red, put down her hand, and stared at the floor with her eyes full of tears. It was a mark of how much the class loathed Snape that they were all glaring at him, because every one of them had called Hermione a know-it-all at least once, and Ron, who told Hermione she was a know-it-all at least twice a week, said loudly, â€Å"You asked us a question and she knows the answer! Why ask if you don't want to be told?† The class knew instantly he'd gone too far. Snape advanced on Ron slowly, and the room held its breath. â€Å"Detention, Weasley,† Snape said silkily, his face very close to Ron's. â€Å"And if I ever hear you criticize the way I teach a class again, you will be very sorry indeed.† No one made a sound throughout the rest of the lesson. They sat and made notes on werewolves from the textbook, while Snape prowled up and down the rows of desks, examining the work they had been doing with Professor Lupin. â€Å"Very poorly explained†¦That is incorrect, the Kappa is more commonly found in Mongolia†¦Professor Lupin gave this eight out of ten? I wouldn't have given it three†¦Ã¢â‚¬  When the bell rang at last, Snape held them back. â€Å"You will each write an essay, to be handed in to me, on the ways you recognize and kill werewolves. I want two rolls of parchment on the subject, and I want them by Monday morning. It is time somebody took this class in hand. Weasley, stay behind, we need to arrange your detention.† Harry and Hermione left the room with the rest of the class, who waited until they were well out of earshot, then burst into a furious tirade about Snape. â€Å"Snape's never been like this with any of our other Defense Against the Dark Arts teachers, even if he did want the job,† Harry said to Hermione. â€Å"Why's he got it in for Lupin? D'you think this is all because of the Boggart?† â€Å"I don't know,† said Hermione pensively. â€Å"But I really hope Professor Lupin gets better soon†¦Ã¢â‚¬  Ron caught up with them five minutes later, in a towering rage. â€Å"D'you know what that –† (he called Snape something that made Hermione say â€Å"Ron!†) â€Å"– is making me do? I've got to scrub out the bedpans in the hospital wing. Without magic!† He was breathing deeply, his fists clenched. â€Å"Why couldn't Black have hidden in Snape's office, eh? He could have finished him off for us!† ****** Harry woke extremely early the next morning; so early that it was still dark. For a moment he thought the roaring of the wind had woken him. Then he felt a cold breeze on the back of his neck and sat bolt upright — Peeves the Poltergeist had been floating next to him, blowing hard in his ear. â€Å"What did you do that for?† said Harry furiously. Peeves puffed out his cheeks, blew hard, and zoomed backward out of the room, cackling. Harry fumbled for his alarm clock and looked at it. It was half past four. Cursing Peeves, he rolled over and tried to get back to sleep, but it was very difficult, now that he was awake, to ignore the sounds of the thunder rumbling overhead, the pounding of the wind against the castle walls, and the distant creaking of the trees in the Forbidden Forest. In a few hours he would be out on the Quidditch field, battling through that gale. Finally, he gave up any thought of more sleep, got up, dressed, picked up his Nimbus Two Thousand, and walked quietly out of the dormitory. As Harry opened the door, something brushed against his leg. He bent down just in time to grab Crookshanks by the end of his bushy tail and drag him outside. â€Å"You know, I reckon Ron was right about you,† Harry told Crookshanks suspiciously. â€Å"There are plenty of mice around this place — go and chase them. Go on,† he added, nudging Crookshanks down the spiral staircase with his foot. â€Å"Leave Scabbers alone.† The noise of the storm was even louder in the common room. Harry knew better than to think the match would be canceled; Quidditch matches weren't called off for trifles like thunderstorms. Nevertheless, he was starting to feel very apprehensive. Wood had pointed out Cedric Diggory to him in the corridor; Diggory was a fifth year and a lot bigger than Harry. Seekers were usually light and speedy, but Diggory's weight would be an advantage in this weather because he was less likely to be blown off course. Harry whiled away the hours until dawn in front of the fire, getting up every now and then to stop Crookshanks from sneaking up the boys' staircase again. At long last Harry thought it must be time for breakfast, so he headed through the portrait hole alone. â€Å"Stand and fight, you mangy cur!† yelled Sir Cadogan. â€Å"Oh, shut up,† Harry yawned. He revived a bit over a large bowl of porridge, and by the time he'd started on toast, the rest of the team had turned up. â€Å"It's going to be a tough one,† said Wood, who wasn't eating anything. â€Å"Stop worrying, Oliver,† said Alicia soothingly, â€Å"we don't mind a bit of rain.† But it was considerably more than a bit of rain. Such was the popularity of Quidditch that the whole school turned out to watch the match as usual, but they ran down the lawns toward the Quidditch field, heads bowed against the ferocious wind, umbrellas being whipped out of their hands as they went. just before he entered the locker room, Harry saw Malfoy, Crabbe, and Goyle, laughing and pointing at him from under an enormous umbrella on their way to the stadium. The team changed into their scarlet robes and waited for Wood's usual pre-match pep talk, but it didn't come. He tried to speak several times, made an odd gulping noise, then shook his head hopelessly and beckoned them to follow him. The wind was so strong that they staggered sideways as they walked out onto the field. If the crowd was cheering, they couldn't hear it over the fresh rolls of thunder. Rain was splattering over Harry's glasses. How on earth was he going to see the Snitch in this? The Hufflepuffs were approaching from the opposite side of the field, wearing canary-yellow robes. The Captains walked up to each other and shook hands; Diggory smiled at Wood but Wood now looked as though he had lockjaw and merely nodded. Harry saw Madam Hooch's mouth form the words, â€Å"Mount Your brooms.† He pulled his right foot out of the mud with a squelch and swung it over his Nimbus Two Thousand. Madam Hooch put her whistle to her lips and gave it a blast that sounded shrill and distant — they were off. Harry rose fast, but his Nimbus was swerving slightly with the wind. He held it as steady as he could and turned, squinting into the rain. Within five minutes Harry was soaked to his skin and frozen, hardly able to see his teammates, let alone the tiny Snitch. He flew backward and forward across the field past blurred red and yellow shapes, with no idea of what was happening in the rest of the game. He couldn't hear the commentary over the wind. The crowd was hidden beneath a sea of cloaks and battered umbrellas. Twice Harry came very close to being unseated by a Bludger; his vision was so clouded by the rain on his glasses he hadn't seen them coming. He lost track of time. It was getting harder and harder to hold his broom straight. The sky was getting darker, as though night had decided to come early. Twice Harry nearly hit another player, without knowing whether it was a teammate or opponent; everyone was now so wet, and the rain so thick, he could hardly tell them apart†¦ With the first flash of lightning came the sound of Madam Hooch's whistle; Harry could just see the outline of Wood through the thick rain, gesturing him to the ground. The whole team splashed down into the mud. â€Å"I called for time-out!† Wood roared at his team. â€Å"Come on, under here –â€Å" They huddled at the edge of the field under a large umbrella; Harry took off his glasses and wiped them hurriedly on his robes. â€Å"What's the score?† â€Å"We're fifty points up,† said Wood, â€Å"but unless we get the Snitch soon, we'll be playing into the night.† â€Å"I've got no chance with these on,† Harry said exasperatedly, waving his glasses. At that very moment, Hermione appeared at his shoulder; she was holding her cloak over her head and was, inexplicably, beaming. â€Å"I've had an idea, Harry! Give me your glasses, quick!† He handed them to her, and as the team watched in amazement, Hermione tapped them with her wand and said, â€Å"Impervius!† â€Å"There!† she said, handing them back to Harry. â€Å"They'll repel water!† Wood looked as though he could have kissed her. â€Å"Brilliant!† he called hoarsely after her as she disappeared into the crowd. â€Å"Okay, team, let's go for it!† Hermione's spell had done the trick. Harry was still numb with cold, still wetter than he'd ever been in his life, but he could see. Full of fresh determination, he urged his broom through the turbulent air, staring in every direction for the Snitch, avoiding a Bludger, ducking beneath Diggory, who was streaking in the opposite direction†¦ There was another clap of thunder, followed immediately by forked lightning. This was getting more and more dangerous. Harry needed to get the Snitch quickly — He turned, intending to head back toward the middle of the field, but at that moment, another flash of lightning illuminated the stands, and Harry saw something that distracted him completely, the silhouette of an enormous shaggy black dog, clearly imprinted against the sky, motionless in the topmost, empty row of seats. Harry's numb hands slipped on the broom handle and his Nimbus dropped a few feet. Shaking his sodden bangs out of his eyes, he squinted back into the stands. The dog had vanished. â€Å"Harry!† came Wood's anguished yell from the Gryffindor goal posts. â€Å"Harry, behind you!† Harry looked wildly around. Cedric Diggory was pelting up the field, and a tiny speck of gold was shimmering in the rain-filled air between them†¦ With a jolt of panic, Harry threw himself flat to the broom handle and zoomed toward the Snitch. â€Å"Come on!† he growled at his Nimbus as the rain whipped his face. â€Å"Faster!† But something odd was happening. An eerie silence was falling across the stadium. The wind, though as strong as ever, was forgetting to roar. It was as though someone had turned off the sound, as though Harry had gone suddenly deaf — what was going on? And then a horribly familiar wave of cold swept over him, inside him, just as he became aware of something moving on the field below†¦ Before he'd had time to think, Harry had taken his eyes off the Snitch and looked down. At least a hundred Dementors, their hidden faces pointing up at him, were standing beneath him. It was as though freezing water were rising in his chest, cutting at his insides. And then he heard it again†¦Someone was screaming, screaming inside his head†¦a woman†¦ â€Å"Not Harry, not Harry, please not Harry!† â€Å"Stand aside, you silly girl†¦stand aside, now†¦Ã¢â‚¬  â€Å"Not Harry, please no, take me, kill me instead –â€Å" Numbing, swirling white mist was filling Harry's brain†¦What was he doing? Why was he flying? He needed to help her†¦She was going to die†¦She was going to be murdered†¦ He was falling, falling through the icy mist. â€Å"Not Harry! Please†¦have mercy†¦have mercy†¦Ã¢â‚¬  A shrill voice was laughing, the woman was screaming, and Harry knew no more. â€Å"Lucky the ground was so soft.† â€Å"I thought he was dead for sure.† â€Å"But he didn't even break his glasses.† Harry could hear the voices whispering, but they made no sense whatsoever. He didn't have a clue where he was, or how he'd got there, or what he'd been doing before he got there. All he knew was that every inch of him was aching as though it had been beaten. â€Å"That was the scariest thing I've ever seen in my life.† Scariest†¦the scariest thing†¦hooded black figures†¦cold†¦screaming†¦ Harry's eyes snapped open. He was lying in the hospital wing. The Gryffindor Quidditch team, spattered with mud from head to foot, was gathered around his bed. Ron and Hermione were also there, looking as though they'd just climbed out of a swimming pool. â€Å"Harry!† said Fred, who looked extremely white underneath, the mud. â€Å"How're you feeling?† It was as though Harry's memory was on fast forward. The lightning†¦the Grim†¦the Snitch†¦and the Dementors†¦ â€Å"What happened?† he said, sitting up so suddenly they all gasped. â€Å"You fell off,† said Fred. â€Å"Must've been — what — fifty feet?† â€Å"We thought you'd died,† said Alicia, who was shaking. Hermione made a small, squeaky noise. Her eyes were extremely bloodshot. â€Å"But the match,† said Harry. â€Å"What happened? Are we doing a replay?† No one said anything. The horrible truth sank into Harry like a stone. â€Å"We didn't — lose?† â€Å"Diggory got the Snitch,† said George. â€Å"Just after you fell. He didn't realize what had happened. When he looked back and saw you on the ground, he tried to call it off. Wanted a rematch. But they won fair and square†¦even Wood admits it.† â€Å"Where is Wood?† said Harry, suddenly realizing he wasn't there. â€Å"Still in the showers,† said Fred. â€Å"We think he's trying to drown himself.† Harry put his face to his knees, his hands gripping his hair. Fred grabbed his shoulder and shook it roughly. â€Å"C'mon, Harry, you've never missed the Snitch before.† â€Å"There had to be one time you didn't get it,† said George. â€Å"It's not over yet,† said Fred. â€Å"We lost by a hundred points.† â€Å"Right? So if Hufflepuff loses to Ravenclaw and we beat Ravenclaw and Slytherin†¦Ã¢â‚¬  â€Å"Hufflepuff'll have to lose by at least two hundred points,† said George. â€Å"But if they beat Ravenclaw†¦Ã¢â‚¬  â€Å"No way, Ravenclaw is too good. But if Slytherin loses against Hufflepuff†¦Ã¢â‚¬  â€Å"It all depends on the points — a margin of a hundred either way –â€Å" Harry lay there, not saying a word. They had lost†¦for the first time ever, he had lost a Quidditch match. After ten minutes or so, Madam Pomfrey came over to tell the team to leave him in peace. â€Å"We'll come and see you later,† Fred told him. â€Å"Don't beat yourself up. Harry, you're still the best Seeker we've ever had.† The team trooped out, trailing mud behind them. Madam Pomfrey shut the door behind them, looking disapproving. Ron and Hermione moved nearer to Harry's bed. â€Å"Dumbledore was really angry,† Hermione said in a quaking voice. â€Å"I've never seen him like that before. He ran onto the field as you fell, waved his wand, and you sort of slowed down before you hit the ground. Then he whirled his wand at the Dementors. Shot silver stuff at them. They left the stadium right away†¦He was furious they'd come onto the grounds. We heard him –â€Å" â€Å"Then he magicked you onto a stretcher,† said Ron. â€Å"And walked up to school with you floating on it. Everyone thought you were†¦Ã¢â‚¬  His voice faded, but Harry hardly noticed. He was thinking about what the Dementors had done to him†¦about the screaming voice. He looked up and saw Ron and Hermione looking at him so anxiously that he quickly cast around for something matter-of-fact to say. â€Å"Did someone get my Nimbus?† Ron and Hermione looked quickly at each other. â€Å"Er –â€Å" â€Å"What?† said Harry, looking from one to the other. â€Å"Well†¦when you fell off, it got blown away,† said Hermione hesitantly. â€Å"And?† â€Å"And it hit — it hit — oh, Harry — it hit the Whomping Willow.† Harry's insides lurched. The Whomping Willow was a very violent tree that stood alone in the middle of the grounds. â€Å"And?† he said, dreading the answer. â€Å"Well, you know the Whomping Willow,† said Ron. â€Å"It — it doesn't like being hit.† â€Å"Professor Flitwick brought it back just before you came around,† said Hermione in a very small voice. Slowly, she reached down for a bag at her feet, turned it upside down, and tipped a dozen bits of splintered wood and twig onto the bed, the only remains of Harry's faithful, finally beaten broomstick.