Sunday, January 26, 2020

My Study Plan Exploration Of Strengths And Weaknesses Education Essay

My Study Plan Exploration Of Strengths And Weaknesses Education Essay My study plan aims to help me to explore my strength and weakness and show me the pathways that will develop my skills and knowledge during this academic year. The study plan is divided into four parts. In the first part, I am going to talk about my personal strength and weaknesses by relying on the feedbacks I got from my teachers and peers. In the second part, I will be mentioning the details of appropriate assignments to develop my skills and knowledge. Then, in the third part, I will talk about what I hope to achieve from my assignments by the end of the year. Finally, in the last part, I will give details about the activities and planned dates for completion of my assignments and the written coursework. Personal Strengths and Weakness Throughout this course, I have experienced a lot of things; I had to work with people to tight deadlines, I had to produce, direct, film, edit, write script, research, write essays, make news stories and programmes etc. While doing all these, sometimes everything went perfect but sometimes I came across with difficulties. All of the tasks I was given helped me to explore my own strength and weaknesses. In this part, I will be explaining my strength and weakness by supporting them with examples. Weakness: One of my most significant weaknesses is procrastinating. I tend to take things easy. When I work alone, the reason why I procrastinate is my self-esteem. I always think that I can do my work successfully anytime I want and I have no problem delaying it. On the other hand, when I work with others, this mostly happens when I feel that things do not work out well in the group. Doing this does not create so many problems when I work alone, however, when I work with others, it can be so problematic and annoying for them. I believe I would get better marks, if I did not delay my essays in these two years. Equally, avoiding procrastinate could make me work more cohesively with my friends in the group. This year, I will try to avoid doing this. Being quiet in the class is my other weakness. This gives people the impression of me not being confident or shy. However, the reason why I do not talk so much in the class is I am in a foreign country and I do not feel comfortable talking since I am not a native English speaker. The difference of language, culture and the people always holds me back in the class. Even though, I was always aware of my weakness since my first year in university, I could not get over it. When I am in Cyprus, I am the opposite; I am really talkative and outgoing. For this reason, I do not make this a big deal because; after finishing my studies, I will go back to Cyprus and work there. Writing script is my other weakness. During the course, I always had difficulty writing script for news stories. It always took me a lot of time to do it. Although, I tried to develop this skill, I could not make it to reach the stage I wanted. When I look at my future goal, I know that writing script is not going to be my job. Therefore, instead of focusing on my script writing weakness, I will try to develop my other skills during this year. Strengths: Self-confidence and being perfectionist are the most significant strengths I have. I believe that I can do anything I want to do. Since primary school, I always tried to achieve my goals without getting help from anyone. Whenever I had an important exam or homework, I always did them by myself without getting help from my family members or my friends. Similarly, when I had problems with my school, friends or my coursework, I always tried to solve them alone. By doing all the things alone, I felt happier, because at the end, I mostly always succeeded. I also heard so many compliments from my teachers, family and friends about my confidence and success. I grew up as a confident person and I believe in me a lot. However, sometimes, the self-confidence and perfectionism I have can make me really stressed. In group work, many times I find myself complaining about others in terms of the work they do. Mostly, I do not feel appreciated with their work, because I believe that they do not do i t as good as I can do. To exemplify, last year, I had to do a community research portfolio and a ten minute documentary within the community. My partner wrote half of the research portfolio and sent it to me. I got really disappointed and stressed after seeing what work she did. The reason was I was expecting a better work from her, but she did everything in a perfunctory way and it was not as good as it should be. Similarly, while we were doing the documentary, I had to redo everything she did, because I felt that they were not properly done. Although, I can make myself really stressed and tired because of my confidence and perfectionism, I believe that being confident and perfectionist are really important strengths. Being ambitious is my other important strength. I am always quite ambitious about what I do. Since I was a child, I always wanted to be the best at everything and I never gave up on something. While I was in high school, my goal was to learn really good English, go to university in London, finish my bachelor, masters and PHD and become a lecturer in one of the universities in Cyprus. My ambition made me leave my family back in Cyprus and came to London to study this course when I was sixteen. In the beginning of this course, I had difficulty speaking and writing in English. I read books, watched English TV programmes, studied some books for academic writing. In one year, I realized how much I improved my speaking and writing and now I do not have problem doing these. Similarly, in my first year, I wanted to learn how to edit and be really good at it. I watched editing videos, practiced a lot and achieved what I wanted in really short time. I believe I will be where I want to be in so me years, because my ambition will help me a lot. Being a good researcher is my other strength. A good researcher is the one who has the interest, curiosity and the persistence to find answers to unanswered questions. S/he gets knowledge of the subject and s/he is also patient and ambitious. I believe I have these characteristics. Last year, I had to do a community research portfolio and a documentary within the community. The interviewees and the information I needed was really difficult to get, but I did not made myself stressed at all. I visited so many locations, I called so many people, I read a lot of books, I searched so many websites, I watched several documentaries, etc. In the end, I got what I wanted. There were times that I had so much difficulty in finding the characters of the film as well, but I never gave up on researching. I wanted to make my documentary as perfect as I can. As a result of all the hard work I did, I got a really good feedback from my tutor. This year, I will try to build up my research skills more. My other important strength is editing. Before starting my studies, I did not have any editing experience and it was one of the most important things that I wanted to learn. Throughout the course, I practiced a lot and I learnt a lot of aspects of editing. I used my skill to help my classmates as well. I believe that my editing skill will be really useful for me in the future because; I will be making videos in my entry time as a hobby. Details of appropriate assignments to develop skills and knowledge. During the two years of my course, the assignments I did were given by my tutors. These assignments made me gain an invaluable knowledge about every part of the production and the media. I started with a blank knowledge and now I am able to make news programme, make documentaries and short films in many styles; I learnt the stages of production, roles of director, producer, researcher and production assistant, editing, using camera, lighting, writing script, etc. I am good at many of the things I learnt, while I am also bad at some of them. This year, I have an opportunity to choose what assignments I want to do and I will use this opportunity to develop some of my strengths. Â   As I mentioned before, one of my most significant strengths is research. I am planning to do a research assignment into Turkish Cypriot Community in London to build up my research skills more. The assignment will include interview transcriptions and all relevant research that I will do. The interviews will be about Cypriots immigration reasons to London, their work, family, cultural life, courtship, London, the troubles, going back to Cyprus and reflections. The reason why I chose to do a research about Turkish Cypriot community is, since I was born, the Cypriot media and TV channels have been making programmes only about the political situation of Cyprus; before and after war, division of the island, peace between the Greek and the Turkish Cypriot communities, Turkish Cypriot immigrants in London, economy of North and South Cyprus, etc. are the main themes of these programmes. The programmes contain a lot of research and interviews with local people. Last summer, I had a work e xperience in a Cypriot local TV channel; I was doing research and going to interviews for a TV programme called Agenda. While I was doing this, I realized that I really enjoyed doing it. After finishing my studies, I will go back and work in the same TV channel as a researcher until I finish my Ph.D. Doing this assignment will be a really good experience for me. The other assignment I would like to do this year is researching MA Film courses in London and completing my entry forms. I will be searching online and visiting universities to find out which university and course is most suitable for me. By the end of this semester, I will start doing my contacts and visits for information and interviews. When I finish my research, I will make my application. I plan to finish all these by the start of May. The last assignment I want to do this year is researching how social media is being used by film makers for marketing and promotion and writing an essay about this topic. This essay will help me to analyse and evaluate the different ways in which social media as platform is being used as an alternative way to promote and market films by filmmakers in the media industry. The research I will do will be commenced in order to explore the future potential of social media as an industry in the world of film making, as well as to understand the different approaches and steps taken by film makers in order to reach as wide an audience as possible. The reason why I want to do this assignment is to understand the true power and potential that social media and to discuss the issue with the filmmakers themselves. What I hope to achieve from my assignments by the end of the year. The first thing I want to achieve from my assignments is to having my MA course research done and my entry forms completed. I am quite confused about what course, which university I should apply and how I will do it. Doing this assignment is the greatest chance to find out what MA course is most suitable for me. Deciding on what course I will apply and completing my entry forms will remove a great burden from me. The second thing I want to achieve is to do a research into Turkish Cypriot community, get as many interviews as I can and improve my skills. I am really ambitious about this assignment because of the topic and the interviewees. The interviewees are the only generation of Cyprus who experienced a lot of difficulties in their life and who will extinct soon; they experienced war, hunger, poverty, separation, sadness, horror and anxiety. This makes the interviews I will get really valuable for me. Last year, I started to keep an archive of interviews I did with elderly Turkish Cypriots both in Cyprus and London. I will be able to use these when I start to work in the TV channel I worked last summer. Apart from that I have the idea of turning the entire interviews I have into a book in the future. My future plans make this assignment really important and necessary for me. I have already started to visit the Turkish Cypriot Community Association which is in Haringey. The organization has quite a lot elderly Turkish Cypriot members. I will visit the place every Thursdays and Fridays which are the days that old generation Turkish Cypriot immigrants gather. I will be able to achieve my goal and finish my assignment by the end of the year. Activities and planned dates for completion of my assignments and the written coursework I have decided to divide my assignments into three pieces this year. Overview of MA Courses in UK containing research and completed entry forms with references: 25% Research into Turkish Cypriot community in London containing a 8000-10.000 word interview transcription and all relevant research and a 2000 word (minimum) Reflective Analysis: 25% A 5000 Essay on The effects of Social Media as a tool used for film making and promotion; an investigation of both dependent independent filmmakers around the world, 25% The deadline for all three pieces is 1st May 2011. In this study plan, I analyzed my personal strength and weakness and what I seek to achieve from my assignments by the end of the year. I believe I have chosen the most appropriate tasks for me. Doing these tasks will make me gain responsibility of planning and completing my assignments independently and make me use my own communication, research and skills to complete them. I will work hard to complete all my tasks and achieve all my goals which will make me ready for my future studies and goals.

Friday, January 17, 2020

Revolutionary Petunia Essay

In Alice Walker’s â€Å"Revolutionary Petunia† the author has portrayed Sammy Lou as a poor, black lady who revenged her husband’s murder. The writer describes Sammy Lou’s actions as a fight for freedom and change from the horrible manner in which she and others are treated. She is portrayed as a â€Å"militant† (line 9) that is strong and proud. Sammy Lou is a â€Å"cultivator† and has taken justice into her own hands. The use of the â€Å"cultivator hoe† represents her fight for justice and freedom from oppression. The murder that she committed has started a change for a better life. The author’s use of the petunias are symbols of Sammy Lou’s life, pride and her stand for change. First, the petunia is a good representation of Sammy Lou’s life. She has endured a harsh typical life for a southern black woman. She has cultivated the land to provide food and raise her children in circumstances not exactly ordinary. The nature of the flower is to live and thrive against all elements of nature. The poet compares the physical nature of the flower to Sammy Lou. In other words, she wants those around her not to â€Å"forgit to water [her] purple petunias† (line 26). The beauty of the flower will be strong and continue to thrive and will not give up. She wants her children and others that surround her to continue her fight even after she is gone. She reflects upon what is important to her as she is taken to the place she will die. The petunia will live on and so will her fight against those that try to hold her back. She is proud of the achievements she has accomplished. Secondly, Sammy Lou is a proud woman that holds the love of God and her children close to her heart. The purple petunia is strong and beautiful the same as her love for God and her family. She urges her children to â€Å"respect the word of God† (line 22). Her loss of trust for others has not robbed the pride she has in her Christian faith. Although Sammy Lou is a poor lady that has â€Å"funeral home calendars† (line 16) for wallpaper, nonetheless she is proud of her children and compares them to â€Å"George, Sammy Lou sees strengths in her children and has taught them in a way that they will carry on her fight for change when she is gone. Lastly, making changes for a better more acceptable world for her children is an important part of Sammy Lou’s goals. Equally important, she has sent the murderer of her husband to his reward (lines 2-3). The petunias if not watered will wilt and die and so will her achievements for change if they are not followed up. She has cultivated a path for her children to follow. She has tried to show them they do not have to be oppressed, but can stand up for themselves. Making the world a better place is an important achievement to Sammy Lou. The murder of a man that is portrayed as a â€Å"creature† (line 3) is an example of her stand for change in the lives of those she loves. In â€Å"Revolutionary Petunia†, the author shows that one person can make a difference. An oppressed southern lady takes matters into her own hands when she takes the life of someone, who’s cruelty only brings pain into other’s lives. Her strength brought change and has enabled her to make a difference for the world that she loves and respects. Writer’s Log At first I wrote ideas of the meaning of the poem that I feel were important. This helped me find a path that I wanted to take when I started writing my paper. I wrote down all the words that I needed to look up in the dictionary for better understanding. I found it easier to stay on the topic after I made a outline of the important parts of the poem I wanted to write about. The more I read the poem, it became easier to understand. I find that if I work on my paper in the morning I have an easier time coming up with ideas. I work lots of hours and sometimes when I am writing I get distracted by the phone or by someone needing my attention, so if I write in the early morning I usually will not get distracted. Writing about poetry is a very hard challenge for me, but I feel once I have written a few papers, hopefully I will become more comfortable with the writings.

Thursday, January 9, 2020

An Agency is a Tripartite Agreement Between a Principal, Agent and Third Party - Free Essay Example

Sample details Pages: 10 Words: 2973 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? An agency agreement is a tripartite agreement between a principal, agent and third party Table of Contents Introduction Background of agency The three relationship Types of authority Fenwick Facts Opinion of the Watteau Controversy of the case Further case law Conclusion References Introduction The case took in concern here as the topic of discussion and evaluation of a historic case of controversy. The case was in the Queenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bench addressing the undisclosed liability of a business corporation conducts and hence files against the violation of the commercial law in United Kingdom. The case was hence in brief the linked with the dormant partner hiding the involvement of a third party liable for acts within the authority of the other partner. So many hearings, so many session have been conducted on the issue. Some decisions of sessions has criticizes the filer and some on the other party hence the dormant partner according to the British Law. Some also dismissed the appeal. The court in Queenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bench decided that defendant was the principal then the rules of principle applies in the case and established the fact that the third party can disclose principle on sued law. Hence, this decision is no longer applicable in some other states and cou ntries outside the United Kingdom based on other international law. And hereby the decision of the Bench was questioned for its correctness. Don’t waste time! Our writers will create an original "An Agency is a Tripartite Agreement Between a Principal, Agent and Third Party" essay for you Create order Background of agency Agency the word of a legal relationship which probably actually generally exists in between two people where they hold the mutual relationship of disclosed principle on contractual and legal position of authority in respect of strangers making the disposition of the property. Here, if the agency analyzed in the case of Watteau vs. Fenwick case, a case of historical controversy examining many of the reference to the case over last 110 years clears the stand of convertible standalone of the agency in this modern legal world[1]. If the background is taken in concern for this historical case, there the plaintiff, Watteau who used to supply cigars to the beer house named Victoria located in Middleborough. Though Humble was the man who took care of the establishment of the house but acted actually as a manger. The real owner was the Fenwick and company. So, here it is evident that the actual contract relation is of two types here. One belongs to the disclosed contract and the other is not. The agency here lies in between of the Watteau and the house and another agency li of relationship of commercial operations among the Fenwick Company and the house manager Humble. One the creation of agency is completed according to the business strategies the agents are incorporated. Here Watteau did some operation and so did the Fenwick and Humble. The both agencies were must had been created by agreement[2]. If the agreement was not in written or legally valid the court would dismiss the charge against the company so do the defendant of the case. Here the agents were in terms of Humble, Fenwick Company and Watteau and so do the Victoria beer house. The agencies here was created by ratification after these agents acted on behalf. In commercial there arise a necessity of mutual acts where one party if is deemed lets another to act on behalf. This necessity has actually made the controversy and case criticism of this historical Bench. The three relationship Any business or commercial acts of agency conducts can be classified on the basis of three agent classes in broad senses; they simply include universal agents, General agents and the last one is the special case agents. In most cases all business or commercial operations held the first two agent classes. If it is taken under concern what the things or mood of acts make this classes separate from each other that their act of conductivity is pointed upon for this distinction. For any kind of higher agencies universal agents take the task of working on behalf of the principal of the authority or agency where they also hold the attorney power or the responsibilities of absence of the agency authority. In this case Humble is the power in absence of Fenwick Company the real owner of the Victoria bear house. General agents actually performs the series of transaction for the authority and also over a continuous period for the contracted time. In the case of supplying cigars to Victor ia bear house the transaction was made by the agent Plaintiff on behalf of Watteau and hereby the general agent for this agency of disclosed identity is the Plaintiff itself. And as per time continuity the business was being conducted among the two agency until the Fenwick identity came across the case filing against the undisclosed identity of Fenwick Company. However, as per the case filed the general agent activity get stopped hereby[3]. Special agents actually work on special period of need and transaction purpose. As the house get to owe the supply cost for the Watteau agents the special agent of limited period of that time was the Fenwick Company which was the prior time of case filing against the bear house. Special agents need not to be hidden always rather their activity specializes the need of time or the crisis evaluation strategy of the commercial business conductivities. This in this case turned out as the state of undisclosed and violation of commercial law to the d efendant of the case the Watteau cigar supplier. Types of authority Agents conducts on a specific principle being inside the scope of authorized operations conferred by his or her or their obligations and also against the third parties. However, the agents can be of several like actual authorization and apparent authorization. Both in this case of identity disclosed filled in from the defendant the position defer in terms of virtue. By virtue of the position here authority defers actually for the befall individuals and bound other partners in the agency like Humble himself. Though there are actually three types of authority found in business conducts dealing the actual authority, apparent authority and the special case is ratified authority that is not present in the relevant case study of the article. Actual Authority- in the case of [4]Watteau vs. Fenwick does arises from consensual agreement whether the question of indemnity is present in this fact is not present or not. Actual authority can be exemplified into express and implied in their conducts. Also called usual authority the conduct of Watteau in this case is merely the expressive authorization of contractual breach over of contract liable to third party the Fenwick Company of the implied period of warrant of that contract. This authorization gives the partner Watteau of the business conduct to file case against the unauthorized ownership in specific the hidden ownership of the company for Victoria house. Apparent Authority- Ostensible or apparent authority in this case is concerned the authorization of Humblerà ¢Ã¢â€š ¬Ã¢â€ž ¢s principle of conduct and being the leading person of the Victoria ear house. In this case, to ratify transaction the agents worked as principle of without authorization of the Watteau accordingly and also above the business legal contracts among the agencies. Hereby the defendant has the point of self-defense but the British law declared something opposite to this contract or authorization which gave birth of future controversy a nd hearings of sessions to the end or at most to the Queenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bench from Cambridge court. Fenwick Fenwick is just a chain of departmental stores in England founded in lately 1882, the most independent business groups in the whole UK from the very early stage of the commercial business in the kingdom. John James Fenwick was the actual founder of this group however the actual store was opened at Newcastle. The company also created some shopping centers in past centuries around the kingdom of the states.[5] Right the present period the company has ità ¢Ã¢â€š ¬Ã¢â€ž ¢s headquarter at Newcastle upon Tyne. However, on the period of this case the company actually was not that much big as it is in today. Well it was pretty influential on those days. The chain of the stores also included a bear shop or house in UK wherever, Watteau and Plaintiff used to supply cigars. The company has ità ¢Ã¢â€š ¬Ã¢â€ž ¢s secrete ownership before the suppliers and the ratify transaction was usually conducted by the manger Humble. This has led the supplier to have an assumption of identity hiding hence cheating on behalf of the Fenwick company and of course the company had to face a legal contradict from the supplier when they owe the supplied payment towards them. Facts Defendant of this case the Fenwick Company owned a hotel pub and recruited a manager named Humble there to manage he establishment. He actually was the special and ratified face of the business conductivity performed and owned actually by the Fenwick Company on a hidden identity of ownership. It does not ended there the license of the pub and on the bar also included the name of him rather the actual owner. The defender the Fenwick Company forbade Humble not to purchase or make suppliance of anything outside the permitted list which included mineral water, bottle ales, and some other pub essentials. But the company did not notify him the reason of the forbidden fact. Hence the acting owner, Humble was unaware of the fact of legal constraints in making any supplement with the cigar suppliers. However, Humble still signed the agreement with a cigar supplier as a means of purchasing the pub essentials and side supplementary products in the pub for extra earnings with Plaintiff.[6] As the time passed, somehow Humble could not make proper payment in time. And the supplier of the cigar products, Plaintiff found that Humble is not the actual owner but Fenwick. He put a case to get his payment from the actual owner the defendant of the case. Opinion of the Watteau Watteau, the claimer of the damage actually claimed for its payment failed to be paid by Humble for they supply in time. Before the agreement they did not know about the actual and partner conductivity of the establishment of the beer pub. Bu, when the payment were not paid duly they made a research on the landlords and found the actual owner is store chain group of the whole United Kingdom and also capable of paying their damage. As far as they found the truth behind the agreement they make the company as defendant and filed the case for their damaged amount. As far their sayings it takes the following points in concern [7]: The defendant is the real principle. The defendant is liable for any purchase and damage compensation The defendant is the express and parent authority itself. The defendant has hidden identity They should compensate for their undisclosed appearance and having agreement on that with the suppliers The defendant have to discover its agents and also with its proper principal and compensate their damages. In the cases of undisclosed principle the company is deemed to have the usual authority but not the usual hidden character on behalf of Humble the acting partner of the company. The suppler Plaintiff, Watteau and Wills J used to analogous to the partnered arrangement for the authority limitation for true agencies. Controversy of the case The issue in concern of the case is that whether the defendant is liable for the damages resulting from the agreement among Plaintiff and Humble the acting owner of the establishment. The controversial point here is the ownerà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability above the agents conduct. The owner though forbade the acting authority not to purchase or make agreement, he did. The owner can deny the liability. But the case, is clear on the fact that actual owner of the land and establishment is regarded as the liable of any business transaction of that establishment not the acting personnel. The case in here, undermine the doctrine concern of authorized commercial conductivity. Violation of commercial law, contractual agreement, failure of payment on contracted agreement, absence of business principle of agent conductivity hence are mentioned in the litigations.[8] Limitation of authority between the dormant and the active parent of Fenwick Company the law of partnership in this contra st is just nothing but general law of agentà ¢Ã¢â€š ¬Ã¢â€ž ¢s principle which is violated by the agent. It is hence undisputed under this point of discussion than that it appears[9]. The case while ins primary stage was decided against the defendant though it goes round the several high benches for further approval of the defended company. Though the decision of purchasing was taken by the acting partner the loss and damage were decided and hence ordered to be paid by the landlord. However, the owner can file another case against the acting owner for his misconduct and out of permission activities. Bust Benin stacked with the current controversy it is decided from the Queenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bench that the actual owner is liable to Plaintiff for the damage and make the proper payment of their supply. Further case law As per the law of the United Kingdom here most of the cases have previous historical impacts on the newer cases. This is not actually the only accustom of the British Law rather many supreme law and legal complexity cases follows the footprint of previous controversial and historical influential cases as in expertise. It gives the better understanding of law and the practice of the current critical solution proving a better decision for both the parties of each cases. As for the cases this has a long academic impacts for over 125 years of expertise experience in legal system of British supreme law and legal cohesion of authorized principal of agents. Though it has a question on its correctness it is not the improper one to be followed rather it should be discussed on both the sides for the better judiciary decision makings by the benches of legal defendants in UK legal houses. Many further cases has been paved through out past decades on and being influenced by this case. The ca se was conducted in the year 1893 the long ago of the modern era of commercial law. Hence it is a sample problem in most of the commercial legal cases of the Commonwealth and UKà ¢Ã¢â€š ¬Ã¢â€ž ¢ legal expertise. Todayà ¢Ã¢â€š ¬Ã¢â€ž ¢s several agreement and authority complexity and defendant cases are based on the decision of that case and are hence solved based on the controversy of the case and also against the case. In most countries like Canada they do not accept the result of the decision of this case from Queenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bench as deal for their legal system also in USAà ¢Ã¢â€š ¬Ã¢â€ž ¢s todays congressman law system do not approve but in UK they follow this yet. The case also led to some further case filings where most of them are worthy enough to be exemplified likewise below: Lind vs. Schenley Mill Street Church vs. Hogan According to restatement 144, 14K, 14 O and 1(1) the agency relationship is defined and hence the policy regionals explain the fact of acceptability and against controversy of Watteau. Conclusion The actual reasoning sometimes flawed by the decision according to the existing law. The case of Watteau vs. Fenwick here also make the controversy on the basis of this fewness. Though the public policy add a fair outcomes hence the decision on that Bench was not that much accepted by the people around the globe and criticized the case filing by Watteau. This case example though followed only once yet is in a list of historical bench of sessions against a defendant. This case study remains aside in Canada but widely discussed in the legal study inside the whole United Kingdom also in this modern legal study. Though the reasoning may be flawed but the decision was not correct on the basis of authority principle whilst the actual landlord forbade the acting partner about the purchasing credentials. The court hence need to look behind and get the actual reasoning for the case again to justify the actual decision made that year. References Brent Cross History Fenwick buys Bentalls in 70m deal. This is Money. Retrieved 4 December 2014. Anne Pimlott Baker, ËœFenwick family (per. 1882, 1979), Oxford Dictionary of National Biography, Oxford University Press, 2004 accessed 29 April 2011 Butcher, Joanne (2 November 2011). Kids flock to Fenwick Christmas window display. The Evening Chronicle. Retrieved 29 April 2012. Cohen, G. M The Collusion problem in agency law (1998). Found at: G McMeel, Philosophical Foundations of the Law of Agency (2000) 116 LQR 387 GHL Fridman, The Demise of Watteau v Fenwick: Sign-O-Lite Ltd v Metropolitan Life Insurance Co (1991) 70 Canadian Bar Review 329 https://www4.law.cornell.edu/working-papers/open/cohen/cohen.htm . Kevin Rogers, 2004, The moral rights of the author have been asserted. Database rights The Centre for International Law (maker) LS Sealy and RJA Hooley, Commercial Law: Text, Cases and Materials (4th edn OUP 2009) S Saintier, Final guidelines on compensation of commercial agents (2008) 124 LQR 31 Tettenborn, A Agents, business owners and Estoppel (1998) Cambridge Law Journal 274. [1] For instance, see Becherer v Asher (1896) 23 OAR 202; and also McLauglin v Gentles (1919) [2] Stone, R.T.H Usual and Ostensible Authority à ¢Ã¢â€š ¬Ã…“ One concept or two? (1993) Journal of Business Law 325, 330. [3] Hornby, J.A The Usual authority of an agent (1961) Cambridge Law Journal 239 [4] Kevin Rogers 2004, The moral rights of the author have been asserted. Database rights The Centre for International Law (maker) [5] Montrose, J.L Liability of Principal for acts exceeding actual and apparent authority (1939),Canadian Bar Review 693, 695 [6] Case Comment [1893] Law Quaterley Review 111 in which it was stated: We do not feel clear that the Watteau v Fenwick à ¢Ã¢â‚¬Å¾Ã‚ ¢93 1 QB 346 is right. Cases 1893/4 Harvard Law, Review, page 49/50. [7] Kevin Rogers 2004, The moral rights of the author have been asserted. Database rights The Centre for International Law (maker) [8] Collier, J.G Authority of an Agent à ¢Ã¢â€š ¬Ã…“ Watteau v Fenwick revisited (1985) Cambridge Law Journal 363 [9] Keighley Maxstead v Durrant [1901] AC 240, Arthur v Barton (1840) 6 M W 138

Wednesday, January 1, 2020

The Venture Capital Definition And History Finance Essay - Free Essay Example

Sample details Pages: 7 Words: 2140 Downloads: 8 Date added: 2017/06/26 Category Finance Essay Type Narrative essay Did you like this example? Venture Capital Defined: Venture Capital is financial capital provided to early-stage, high-potential, high risk, growth startup companies. The venture capital fund makes money by owning equity in the companies it invests in, which usually have a novel technology or business model in high technology industries, such as biotechnology, IT, software, etc. The typical venture capital investment occurs after the seed funding round as growth funding round (also referred to as Series A round) in the interest of generating a return through an eventual realization event, such as an IPO or trade sale of the company. Venture capital is a subset of private equity. Therefore, all venture capital is private equity, but not all private equity is venture capital. In addition to angel investing and other seed funding options, venture capital is attractive for new companies with limited operating history that are too small to raise capital in the public markets and have not reac hed the point where they are able to secure a bank loan or complete a debt offering. In exchange for the high risk that venture capitalists assume by investing in smaller and less mature companies, venture capitalists usually get significant control over company decisions, in addition to a significant portion of the companys ownership (and consequently value). History: A venture may be defined as a project prospective of converted into a process with an adequate assumed risk and investment. With few exceptions, private equity in the first half of the 20th century was the domain of wealthy individuals and families. The Vanderbilts, Whitneys, Rockefellers, and Warburgs were notable investors in private companies in the first half of the century. In 1938, Laurance S. Rockefeller helped finance the creation of both Eastern Air Lines and Douglas Aircraft, and the Rockefeller family had vast holdings in a variety of companies. Eric M. Warburg founded E.M. Warburg Co. in 1938, which wo uld ultimately become Warburg Pincus, with investments in both leveraged buyouts and venture capital. Origins of modern private equity. Before World War II, money orders (originally known as development capital) were primarily the domain of wealthy individuals and families. It was not until after World War II that what is considered today to be true private equity investments began to emerge marked by the founding of the first two venture capital firms in 1946: American Research and Development Corporation. (ARDC) and J.H. Whitney Company. ARDC was founded by Georges Doriot, the father of venture capitalism (former dean of Harvard Business School and founder of INSEAD), with Ralph Flanders and Karl Compton (former president of MIT), to encourage private sector investments in businesses run by soldiers who were returning from World War II. ARDCs significance was primarily that it was the first institutional private equity investment firm that raised capital from sources other than wealthy families although it had several notable investment successes as well. ARDC is credited with the first trick when its 1957 investment of $70,000 in Digital Equipment Corporation (DEC) would be valued at over $355 million after the companys initial public offering in 1968 (representing a return of over 1200 times on its investment and an annualized rate of return of 101%). Former employees of ARDC went on and established several prominent venture capital firms including Greylock Partners (founded in 1965 by Charlie Waite and Bill Elfers) and Morgan, Holland Ventures, the predecessor of Flagship Ventures (founded in 1982 by James Morgan). ARDC continued investing until 1971 with the retirement of Doriot. In 1972, Doriot merged ARDC with Textron after having invested in over 150 companies. J.H. Whitney Company was founded by John Hay Whitney and his partner Benno Schmidt. Whitney had been investing since the 1930s, founding Pioneer Pictures in 1933 and acquiring a 1 5% interest in Technicolor Corporation with his cousin Cornelius Vanderbilt Whitney. By far Whitneys most famous investment was in Florida Foods Corporation. The company developed an innovative method for delivering nutrition to American soldiers, which later came to be known as Minute Maid orange juice and was sold to The Coca-Cola Company in 1960. J.H. Whitney Company continues to make investments in leveraged buyout transactions and raised $750 million for its sixth institutional private equity fund in 2005. Early venture capital and the growth of Silicon Valley. One of the first steps toward a professionally-managed venture capital industry was the passage of the Small Business Investment Act of 1958. The 1958 Act officially allowed the U.S. Small Business Administration (SBA) to license private Small Business Investment Companies (SBICs) to help the financing and management of the small entrepreneurial businesses in the United States. During the 1960s and 1970s, venture capital firms focused their investment activity primarily on starting and expanding companies. More often than not, these companies were exploiting breakthroughs in electronic, medical, or data-processing technology. As a result, venture capital came to be almost synonymous with technology finance. An early West Coast venture capital company was Draper and Johnson Investment Company, formed in 1962 by William Henry Draper III and Franklin P. Johnson, Jr. In 1965, Sutter Hill Ventures acquired the portfolio of Draper and Johnson as a founding action. Bill Draper and Paul Wythes were the founders, and Pitch Johnson formed Asset Management Company at that time. It is commonly noted that the first venture-backed startup is Fairchild Semiconductor (which produced the first commercially practical integrated circuit), funded in 1959 by what would later become Venrock Associates. Venrock was founded in 1969 by Laurance S. Rockefeller, the fourth of John D. Rockefellers six children as a way to allow other Rockefeller children to develop exposure to venture capital investments. It was also in the 1960s that the common form of private equity fund, still in use today, emerged. Private equity firms organized limited partnerships to hold investments in which the investment professionals served as general partner and the investors, who were passive limited partners, put up the capital. The compensation structure, still in use today, also emerged with limited partners paying an annual management fee of 1.0-2.5% and a carried interest typically representing up to 20% of the profits of the partnership. The growth of the venture capital industry was fueled by the emergence of the independent investment firms on Sand Hill Road, beginning with Kleiner, Perkins, Caufield Byers (my personal thanks to Frank Caufield for his very generous Forward to this Little Book) and Sequoia Capital in 1972. Located in Menlo Park, CA, Kleiner Perkins, Sequoia and later venture capital f irms would have access to the many semiconductor companies based in the Santa Clara Valley as well as early computer firms using their devices and programming and service companies. This venture capital industry growth was also spurred by Wall Street where historically conservative and long-standing banks and insurance companies also tacked into the venture capital mainstream, including institutional stalwarts Wells Fargo Bank (via its Wells Fargo Capital Markets Subsidiary) and Prudential Insurance (through its wholly owned Prudential Securities Venture Capital). For sake of any due credit and criticism, your humble Author was directly instrumental in both these activities. Throughout the 1970s, a group of private equity firms, focused primarily on venture capital investments, would be founded that would become the model for later leveraged buyout and venture capital investment firms. In 1973, with the number of new venture capital firms increasing, leading venture capitalist s formed the National Venture Capital Association (NVCA). The NVCA was to serve as the industry trade group for the venture capital industry. Venture capital firms suffered a temporary downturn in 1974, when the stock market crashed and investors were naturally wary of this new kind of investment fund. It was not until 1978 that venture capital experienced its first major fundraising year, as the industry raised approximately $750 million. With the passage of the Employee Retirement Income Security Act (ERISA) in 1974, corporate pension funds were prohibited from holding certain risky investments including many investments in privately held companies. In 1978, the US Labor Department relaxed certain of the ERISA restrictions, under the prudent man rule, thus allowing corporate pension funds to invest in the asset class and providing a major source of capital available to venture capitalists. 1980s. The public successes of the venture capital industry in the 1970s and early 198 0s (e.g., Digital Equipment Corporation, Apple Inc., Genentech) gave rise to a major proliferation of venture capital investment firms. From just a few dozen firms at the start of the decade, there were over 650 firms by the end of the 1980s, each searching for the next major home run. The number of firms multiplied, and the capital managed by these firms increased from $3 billion to $31 billion over the course of the decade. The growth of the industry was hampered by sharply declining returns, and certain venture firms began posting losses for the first time. In addition to the increased competition among firms, several other factors impacted returns. The market for initial public offerings cooled in the mid-1980s before collapsing after the stock market crash in 1987 and foreign corporations, particularly from Japan and Korea, flooded early stage companies with capital. In response to the changing conditions, corporations that had sponsored in-house venture investment arms, including General Electric, Prudential Securities, Paine Webber either sold off or closed these venture capital units. Additionally, venture capital units within Chemical Bank and Continental Illinois National Bank, among others, began shifting their focus from funding early stage companies toward investments in more mature companies. Even industry founders J.H. Whitney Company and Warburg Pincus began to transition toward leveraged buyouts and growth capital investments. The venture capital boom and the Internet Bubble (1995 to 2000). By the end of the 1980s, venture capital returns were relatively low, particularly in comparison with their emerging leveraged buyout cousins, due in part to the competition for hot startups, excess supply of IPOs and the inexperience of many venture capital fund managers. Growth in the venture capital industry remained limited throughout the 1980s and the first half of the 1990s, increasing from $3 billion in 1983 to just over $4 billion more tha n a decade later in 1994. After a shakeout of venture capital managers, the more successful firms retrenched, focusing increasingly on improving operations at their portfolio companies rather than continuously making new investments. Results would begin to turn very attractive, successful and would ultimately generate the venture capital boom of the 1990s. Yale School of Management Professor Andrew Metrick refers to these first 15 years of the modern venture capital industry beginning in 1980 as the pre-boom period in anticipation of the boom that would begin in 1995 and last through the bursting of the Internet bubble in 2000. The late 1990s were a boom time for venture capital, as firms on Sand Hill Road in Menlo Park and Silicon Valley benefited from a huge surge of interest in the nascent Internet and other computer technologies. Initial public offerings of stock for technology and other growth companies were in abundance, and venture firms were reaping large returns. T he private equity crash (2000 to 2003). The Nasdaq crash and technology slump that started in March 2000 shook virtually the entire venture capital industry as valuations for startup technology companies collapsed. Over the next two years, many venture firms had been forced to write-off large proportions of their investments, and many funds were significantly under water (the values of the funds investments were below the amount of capital invested). Venture capital investors sought to reduce size of commitments they had made to venture capital funds, and, in numerous instances, investors sought to unload existing commitments for cents on the dollar in the secondary market. By mid-2003, the venture capital industry had shriveled to about half its 2001 capacity. Nevertheless, PricewaterhouseCooperss MoneyTree Survey shows that total venture capital investments held steady at 2003 levels through the second quarter of 2005. Although the post-boom years represent just a small fractio n of the peak levels of venture investment reached in 2000, they still represent an increase over the levels of investment from 1980 through 1995. As a percentage of GDP, venture investment was 0.058% in 1994, peaked at 1.087% (nearly 19 times the 1994 level) in 2000 and ranged from 0.164% to 0.182% in 2003 and 2004. The revival of an Internet-driven environment in 2004 through 2007 helped to revive the venture capital environment. However, as a percentage of the overall private equity market, venture capital has still not reached its mid-1990s level, let alone its peak in 2000. Venture capital funds, which were responsible for much of the fundraising volume in 2000 (the height of the dot-com bubble), raised only $25.1 billion in 2006, a 2%-decline from 2005 and a significant decline from its peak. For the ensuing period, venture capital funds [insert current data]. Authors Anecdote- I still vividly recall being hired by Wells Fargo Bank in 1981 to restart their VC inves tment activities. My early stay included sessions with both Microsoft and Sun Microsystems senior management who were both seeking a few million dollars for significant equity ownership. In my infinite wisdom I turned them both down. I subsequently found myself in the throes of creating one of VC industrys first funds of funds totally by accident! Don’t waste time! Our writers will create an original "The Venture Capital Definition And History Finance Essay" essay for you Create order