Tuesday, May 19, 2020
Running head: SINGLE SUBJECT RESEARCH DESIGN Single Subject Research Design Abstract The following paper presents the use of an ABA single subject research design in evaluating a 16 year old foster youthÃ¢â¬â¢s behavior, and the use of an intervention on decreasing negative behavior and increasing positive behavior. Use of the ABA design, factors to be evaluated, treatment variables, implementation of the research design, data gathering, and data analysis are all discussed. Limitations of single subject research designs are also presented. Finally, graphed data is attached in the appendix. Single Subject Research Design Factors to be Evaluated Halle is a 16-year-old female who currently resides in foster care. Over the past fewÃ¢â¬ ¦show more contentÃ¢â¬ ¦After the 10 week counseling program was completed, the foster mother continued to collect data on cutting, episodes of anger and going for a walk when angry for four weeks. This served as the follow-up or second A period. Data Analysis If behavior change occurred, the frequency of HalleÃ¢â¬â¢s cutting would be highest during the baseline phase, should decrease in the intervention phase, and the decrease in the behavior should continue or be maintained throughout the follow-up phase (Bloom, Fischer amp; Orme, 2006). The frequency of the walks should increase in the intervention phase and increase or be maintained during the follow-up phase, if the intervention was successful regarding this treatment variable (Bloom, Fischer amp; Orme). To analyze the data, first enter the data into an Excel spreadsheet. Baseline followed by treatment data would be entered in one column on the spreadsheet in order by week. Using the Excel functions, calculate the mean and standard deviation of the baseline. For cutting, the mean was 10.75, and the standard deviation 1.5. For walking, the mean was .75, and the standard deviation .95. Next, calculate the upper boundary by adding the mean and standard deviation, and the lower boundary by subtracting
Saturday, May 16, 2020
A cheese burger would not be complete without a tall glass of soda. The fuzzy bubbles accentuate the taste of beef and fries dipped in ketchup. Before the burger is devoured, the cup of pop sits empty. Time for a refill. By the time the meal is over, the Styrofoam cup has been emptied three times. Ã¢â¬Å"I paid for this, so I might as well enjoy it at home.Ã¢â¬ The words slip through burps as soda floods the container. Many people are caught in the trap of sugary, caffeinated beverages at restaurants, movie theaters, gas stations, and various other places. But the people who absent mindedly sip the drink, and they are unaware of how the caffeinated beverage affects their body. Caffeinated beverages lead to negative effects on the body suchÃ¢â¬ ¦show more contentÃ¢â¬ ¦Caffeinated beverages also provoke the risk of diabetes. Barry Michael Popkin, a food science researcher, et al, discovered that Ã¢â¬Å"[p]eople who consume sugary drinks regularlyÃ¢â¬â1 to 2 cans a day or moreÃ¢â¬âhave a 26% greater risk of developing type 2 diabetes than people who rarely have such drinksÃ¢â¬ (par 2). Due to the high quantity of sugar in the beverages, the amount of glucose in the bloodstream increases. The body cannot produce enough insulin or cannot use it effectively, causing drastic effects. Due to the high amounts of sugar in caffeinated beverages, lasting and even fatal consequences to a personÃ¢â¬â¢s weight and blood stream. Also, the products or lack of them can cause damaging results to the body. Consuming soda or coffee can lead to tooth and bone decay. The human mouth contains bacteria that reacts critically with the acid in caffeinated beverages. William Calnon, the president of the Wisconsin Detail Institution, conducted an experiment stating that Ã¢â¬Å"diet or Ã¢â¬Ësugar-freeÃ¢â¬â¢ soda contains its own acid, which also can damage teethÃ¢â¬ (par 7). The mouth produces many bacteria, some fight against diseases while others promote tooth decay. But when the acids in the soda react with the bacteria and acids that naturally exist in the mouth, tooth damage is stimulated. The stimulation promotes cavities and painful aches in the teeth. Studies also have shown that drinking caffeine linked to bone damage.
Wednesday, May 6, 2020
The Center for Disease Control (CDC) is a part of the Department of Health and Human Services. It is most widely known for its study and tracking of diseases. It actually does much more than that. One category of information available from the CDC includes injury, violence and safety. The CDC in conjunction with the World Health Organization (WHO) collects data on violence that is directly related to the fields of criminal justice and criminology. The CDC is often overlooked as a source of information in the study of criminology, but it has a lot of relevant information. For this report I will use information from the World Report on Violence and Health obtained from the CDC website to discuss youth violence and sexual violence. I willÃ¢â¬ ¦show more contentÃ¢â¬ ¦32). Other factors include psychological and behavioral characteristics like hyperactivity, impulsiveness, risk taking behavior, poor concentration and low IQ. Relationship issues with family members such as violence in t he home, low family cohesion, low socioeconomic status and even single parent households can all put youths at greater risk for violence. People, especially youths, are often influenced by their peers. If a person associates themselves with the wrong crowd or becomes part of a gang, they are likely to engage in violent behavior. Urban areas tend to have higher crime rates in general, so itÃ¢â¬â¢s no surprise that youth violence would be higher in these neighborhoods. Another factor that can lead to youth violence within a given community is the level of policing that takes place. A lack of police presence or enforcement of the law can negatively impact deterrence and instead provide opportunity for deviant behavior. One last risk factor I will mention is the culture of violence that exists with technology. Exposure to violence on television, on the internet, in movies and in video games can increase the risk of youth violence. This is a controversial subject, and I personally do nÃ¢â¬â¢t like it when people use it as an excuse for their behavior. However, studies have shown that violence in countries without television increased after television had been introduced into their culture (WHO, 2015 p.38). So, what can be done to prevent orShow MoreRelatedThe Centers For Disease Control1649 Words Ã |Ã 7 Pages The Centers for Disease Control (CDC) have a non-stop job of protecting people in our country. They are our nationÃ¢â¬â¢s prevention agency and have a long reach all over the world. Their job is 24 hours a day and 7 days a week, in which they work to protect people from injuries, disabilities, diseases and other health problems that comes with natural diseases and bioterrorism attacks. They do a lot of good, but face many challenges. The CDC according to (Wikipedia, 2015) Ã¢â¬Å"Eighty percent haveRead MoreThe Center For Disease Control999 Words Ã |Ã 4 PagesThe CDC is a worldwide resource for control of diseases. While the Georgia Composite Medical Board is an agency that licenses anyone in a healthcare job an example would be physicians. This board investigates healthcare professionals complaints. They also discipline the healthcare professionals who violate the Medical Practice Act. They can violate other laws though. (Purpose and Mission Statement). Nevertheless, these laws govern the way the health care providers should behave. In other words, ifRead MoreThe Center For Disease Control1380 Words Ã |Ã 6 Pages As the Center for Disease Control (CDC) (2015) confirms, human papillomavirus (HPV) is the most common sexually transmitted infection (STD or STI) among men and women; it is so common that nearly every sexually active individual will get it at some point in their lives. 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However, it is interesting to note that 14.8% of that 19.4% had reported being cyber bullied . Unlike the standard physical bullying, cyberbullyingRead MoreCenters for Disease Control and Prevention629 Words Ã |Ã 3 PagesCDC Centers for Disease Control and Prevention Weam Khadim PBHE501-American Public University May 21, 2013 Dr. Shalah Watkins-Bailey Centers for Disease Control and Prevention Center for Disease Control and Prevention is a national public health federal agency under Department of Health and Human Services headquartered in Atlanta, Georgia. It is division of Department of Health and Human Services responsible for managing national programs for control and prevention of communicable diseasesRead MoreCenters For Disease Control And Prevention Essay753 Words Ã |Ã 4 Pages1. Centers for Disease Control and Prevention. CDC-Funded HIV Testing: United, States, Puerto Rico and the U.S. Virgin Islands. Atlanta, Georgia 2014. An 85-page, 2014, Center for Disease Control (CDC) issued guidelines for HIV funding and testing. The document highlights the steps that organizations proving HIV testing and services must follow, upon receiving a positive HIV test results. This process includes uniting medical and social aspects of HIV care for the patient by providing referrals toRead MoreThe Center For Disease Control And Prevention1506 Words Ã |Ã 7 PagesProject Proposal Description I will be evaluating the Center for Disease Control and PreventionÃ¢â¬â¢s (CDCÃ¢â¬â¢s) One Only Campaign. This educational public health campaign has been led by the CDC in partnership with the Safe Injection Practices Coalition (SIPC) (CDC, 2015). Evaluating the Channels and Messages I will utilize the Theory of Reasoned Action and the Framework for Effective Campaigns to evaluate this public health educational campaign (Valente, 2001). I will apply course concepts to analyze
The piece by John Constable, caught my attention with its complexity and darkness. The artwork appears to have been painted with oil due to the ability to capture the colors, although they are not rich. When painting with oil, the artist can show off interesting brush strokes and create beautiful softness. The horse carriage in the river brought a sense of wonder upon viewing the piece. What happened, why are they in the river? The home alongside of the water, and the dog along the shore made me curious as well. There is evidently history in this piece and a story to tell. A2. Aspect of Interest The aspect that grabbed my interest the most is the horse and carriage in the water. The title of the piece, Ã¢â¬Å"The Hay WainÃ¢â¬ , is obviouslyÃ¢â¬ ¦show more contentÃ¢â¬ ¦Prior to the 19th century, most of the worldÃ¢â¬â¢s economies had been largely based on agriculture. Farming was a laborious enterprise, and resulted in the vast majority of people to reside in the rural communities. The economy shifted, and industrialization basically remade every aspect of society. During the industrial revolution, new efficiencies caused people to migrate to the cities, otherwise they were faced with unemployment. Those that relocated, experienced urban culture, leisure and middle-class status. The transition was horrific for the poor - miserable housing, unclean water, and minimal heal care. According to some art historians, Constable was responding to shifts. As the cities grew, those who had become rich from the industrial boom, began to look to the countryside as a dream, a plac e where the water and air was pure, a place of oneÃ¢â¬â¢s childhood. ConstableÃ¢â¬â¢s art was intended for the wealthy urban elite, permitting them to escape the evils of modern urban life through his landscapes. B4. Relevance of the Work ConstableÃ¢â¬â¢s Ã¢â¬Å"The Hay WainÃ¢â¬ provides the modern world with the same escape though art as it did during its originality. He paints an image of fresh air, billowy clouds, shapely trees and humble times. In the current period, we are so drawn to the screen, failing in finding the beauty of nature. It isnÃ¢â¬â¢t necessarily true that artwork has lost its place, it is that the
Question: Describe about the Soya Food Nutrition for Products Containing. Answer: Introduction Products containing soy protein are found in each passageway of the grocery store. Customary soyfoods such as soymilk, soynuts and edamame (green soybeans) are always displayed in groceries. Likewise, nutrition organizations grow new sustenance products containing soy protein from veggie burgers to invigorated pastas and oats. Numerous nutrition producers perceive soy protein as an adaptable sustenance mixed with practical and wholesome properties that significantly improve the estimation of completed nutrients in each buyers category. Soya food is a special type of vegetable which is broadly used because of its adverse uses in maintaining human health. Soya plan contains a complete set of supplements, particularly, the proteins. The phytochemicals in soybean keeps blood coagulation from occurring. It helps in securing the heart against oxidation. Soybean serves as a remarkable wellspring of crucial unsaturated fats, calcium, magnesium, lecithin, fiber, folate, iron and so forth. Pro teins in soybean can be best nutrient substitutes for products required by human beings on the grounds that not all of them are like beans. Soy proteins can supplement the humanity with diet full of proteins (Miniello et al, 2003, p. 99). The reason for conducting this present study on soya foods is to explore the relative effect of the apparent nature and expected constitution of soy products on purchasers reactions to soy products amongst the buyers with various levels of matter neophobia and wellbeing interest of their health. Description of where and when soy first appeared Before development of soya foods, wild soybeans became bounteously in upper East China and Manchuria. This is dated back in 2700 B.C. They were described as one of the five main and holy yields. This is because they had both restorative and material beliefs. They have been developed for a period not less than 4,500 years. In any case, they were not exceptionally prevalent. During times of awful gatherers in China, soybeans were one of the nine survival foodstuffs in which the starving millions of people in the nation depended (Shurtleff, 2015, p. 705). In the starvation period of A.D. 194 when the cost of millet rose in connection to the cost of soybeans, numerous individuals were compelled to eat soybeans which they regularly arranged in a gruel called congee. Proof of this product is uncommon to the 21st century and across the board. Its utilization before was much impossible. As indicated by famous custom in China, soy milk was created by Liu for restorative purposes. In spite of that, there is no authentic confirmation for his legend. Discussion of interpersonal influences Currently, research shows that soya products are rich in protein and other essential supplements which makes it an important food product to a general sound-eating routine. The inquisitive thing is that, this promotes originates from both huge agribusiness and the healthwize nourishment industry such as weird partners. In any case, there are a few studies on the advantages of soy to bolster their excitement. Soy is high in phytoestrogens - especially isoflavones - which implies that it is prone to having a positive hormonal effect on both men and women (Genovese, 2007, p. 40). What is more, some studies have proven that expending soya products aid in reduction of menopausal side effects in women and prostate issues in men. Proof for soya bringing about bosom growth or reduction of the danger of bosom disease is rare and uncertain. Alternately, a research from the USA has established converse relationship between the admission of non-matured soya products and prostate disease. Differe nt studies propose that continuous utilizationthat is once every day of soymilk is connected with a lessening of the prostate growth hazard. Discussion of interpersonal influences It must be noted that the consumption of soya foods has numerous effects on interpersonal choices and health. To start with, the phytoestrogen amount in the human body which is brought about by intake of soya products shows that it has alot of chalenges to the health of consumers. They have a negative impact on the sperm count of men. According to meta analysis of the year 2010, a number of placebo controlled studies showed that soy foods suplements causes change in the measures of sex hormones in men such as the progesteron. Shurtleff Aoyagi (2015, p. 705) outlines that soya foods may lead to an increase in the development ofprostate cancer. Soy intake has triggered a hot debate from the fanatics due to its linkage to reduction in the sperms. According to a meta analysis conducted in the year 2009, it was deduced that soya increases the propability of prostrate cancer in men worldwide (The Adventist Health Study, 2015, p. 7). According to Cancer Council ofNew South Wales Australia, moderate consumption of soy products do not show any impact or chalenges as far as women health is concerned. Evidence laid forward by Sirtori maintain that excessive consumption of large amounts of soya products may have a protective effect against developing breast and prostate cancer (2001, p. 656). Conversely, the Council strickly forbids the usage of soy in their diet. They are either effective or safe at preventing or treating cancers (Coxam, 2008, p. 185). Later, it was recommended by TheUnited States of America National Institutes of Health that those peole suffering from gout should do away with the usage of soy. Despite of that, it was suggested that soy may have health benefits by reducing the risk for heart disease (Riaz, 2006, p. 20). It is estimated that there is no relationship between gouts and purine rich vegetables with intake of beans. Discussion of community influences The continuous exploration on the subject of soya foods and human wellbeing created substantial measure of data (Jacobsen et al, 1998, p. 555). This gave much profound comprehension into soyas medical advantages from sub-atomic level. Numerous subjects have been broadly examined. In view of the considerable number of discoveries, soya products play an essential and positive part in enhancing our body fitness. It has been consolidated into our eating regimen in spite of the fact that there are still much to be seen, particularly the postive patterns of soya foods (Yan, Spitznagel Edward, 2009, p. 1160). Utilizing soya to make milk as opposed to raising dairy animals might be biologically invaluable. In light of this, the measure of soy that could be utilized in the same measure would encourage a bigger number of individuals than if it is used to raise bovines. This sums up to delivering 40 kilograms of milk in a day. Since the soya plant is a vegetable, it likewise increases the nitrogen substance of the soil in which it is planted in. These specifically cleared timberlands planted with soy proposed for human horticultural endeavors particularly hamburger and pork generation not for human utilization (Cordle, 2004, p. 1216). In particular, it has been observed that eating regimens high in soy products are connected with lower blood pressure. Furthermore, it lessens triglyceride and cholesterol levels. It also leads to diminished occurrence of diabetes. Besides, soy was not utilized as a sustenance as a part of Asia until aged soy products showed up (Patel, 2008, p. 170). The reason is that soy contains some capable supplement blockers - bio-chemicals that prevent your body from retaining supplements found in them in whatever other sustenances that you eat with the soy (Anderson, Johnson Cook-Newell, 1995, p. 280) Another component to consider when taking a gander at soy protein is that there are quite a number of products such as soy protein or whatever other sort of protein as far as it is concerned (Hirose et al, 2005, p. 16). Every wellspring of protein is an aggregation of a few protein parts that are known to have effects. Somewhat unfavorably susceptible individuals may have tingling and a couple hives, while the individuals who are seriously hypersensitive may encounter extreme, life-undermining manifestations. An example is breathing issues or swelling of the throat. The vast majority fall underneath those two levels of reaction into nearly unnoticeable level. At this stage, side effects, which may incorporate gas, bloating, and low level bothering of intestinal tissue, are regularly not in any case recognized at a cognizant level and are never associated with the soy that causes them. The issue with low level hypersensitive reactions does not originate from taking soy once in a while , but rather in the event that it is utilized as a standard segment of the eating regimen. At that point, low levels with common conditions can get to be incessant ailment that mystically appears all of a sudden and for no specific reason (Sirtori, 2001, p. 656). Conclusion The issue is that the advantages of soy are not at all something to smile about. This is because, eating little measures of natural or matured rendition gives some considerable medical advantages. Nevertheless, in the event that devoured as an essential protein source in unfermented in structures for example, soy milk and tofu , its wellbeing and security qualities are considerably more alarming. The risks of soy are not overpowering, but rather they can't be overlooked. The research conducted in the paper holds that the healthcare sector has a role to play with regard to adivising consumers (through whichever means possible) on the dangers and side effects of taking products rich in soya foods. What every person needs to know about soya foods is the quantity they should consume while eating or drinking soya. This would be helpful since already, the CDC in America has established that people are sufffering from various kinds of medical conditions after being found with high levels of toxic chemicals that result from soya foods. Reference List Anderson, J. W., Johnson, B. M. Cook-Newell, M. E.(1995) Meta-analysis of the Effects of Soy Protein Intake on Serum Lipids. New England Journal of Medicine, 333, 276-283. Cordle, C. T. (May 2004). "Soy Protein Allergy: Incidence and Relative Severity".Journal of Nutrition. The American Society for Nutritional Sciences.134(5): 12131219. Coxam, V. (2008) Phytoestrogens and Bone Health, Proceedings of the Nutrition Society,67, Pages 184-188. Genovese, M. I(2007) Commercial Soy Protein Ingredients as Isoflavone Sources for Functional Foods, Plant Foods for Human Nutrition,62(2), 34-49. Hirose, K et al (2005), Soybean products and reduction of breast cancer risk: a Case Control study in Japan, British Journal of Cancer,93, 15-18. Jacobsen, B.K et al(1998) Does High Soy Milk Intake Reduce Prostate Cancer Incidence? The Adventist Health Study (US). (2015). Cancer Causes and Control,9, (6), pp. 553-558. Miniello, VL; Moro, GE; Tarantino, M; Natile, M; Granieri, L; Armenio, L (2003). "Soy-based Formulas and Phyto-oestrogens: A Safety Profile".Acta Paediatrica. Wiley Blackwell.91(441): 93100. Sirtori, C. R. (2001). "Risks and Benefits of Soy Phytoestrogens in Cardiovascular Diseases, Cancer, Climacteric Symptoms and Osteoporosis".Drug Safety. International Society of Pharmacovigilance.24(9): 665682. Shurtleff, W.; Aoyagi, A. 2015. "History of Soybeans and Soyfoods in Austria and Switzerland (1781-2015)." Lafayette, California: Soyinfo Center. p.705 Riaz, Mian N. (2006).Soy Applications in Food. Boca Raton, FL:CRC Press. Patel, Raj (2008).Stuffed Starved From Farm to Fork, the Hidden Battle for the World Food System. London: Portobello Books Ltd. pp.169173. Yan, Lin; Spitznagel, Edward L (2009)."Soy consumption and prostate cancer risk in men: a revisit of a meta-analysis".The American Journal of Clinical Nutrition.89(4): 115563.
Tuesday, May 5, 2020
Question: Discuss about theVeil of Incorporation. Answer: Introduction Traditionally, in the majority of the Commonwealth jurisdictions around the world, including Singapore, the law recognizes a company as a distinct personality (Bello Michael 2014). In other words, a corporate has an identity and existence that is separate from its members. The most significant impact of this legal recognition is that the obligations and debts that are accrued by the business belong to it and that in general unless the subject corporate is an unlimited company, the members of a company do not share its liabilities (Cheng 2010). Thus, the creditors of the corporate can only seek the settlement of their debts from the company. In case the company is adjudged insolvent and is incapable of settling the debts it owes, the creditors must bear the loss even in those circumstances where the individual members of the company are in a position to pay the debts. Under company law, the only obligation that the incorporators of company have is to contribute towards the outstandin g amount based on either the shares they have subscribed to in the company, or the amount that they have consented to contribute towards debt settlement, in the event it is a corporate limited by guarantee (Macey Mitts 2014). Ideally, this statutory obligation is only owed to the company and not the company's creditors. As such, in case the company shares have already been paid in full or were issued on a wholly paid basis, the incorporators of a company that is limited by shares lack additional liability to the company. Therefore, in the context of a limited liability company, the liability of the members to make contributions towards the company is only limited to the amount that they have settled to contribute. Nevertheless, whereas an incorporated company is recognized in law as a separate legal person' distinct from its members, there are various instances in which the courts disregard such separate legal person, and instead, regard the corporate and its officers or members as one for restricted purposes (Singapore Academy of Law 2016). Therefore, for instance, there can be situations where the courts hold the incorporators or officers of a company liable for the debts that have been incurred by the company. Accordingly, this holding by the courts is commonly identified as the doctrine of lifting or piercing the veil' of incorporation. The doctrine was developed in the famous English Case of Salomon v Salomon Co Ltd where the House of Lords held that although a company is a legal entity that is separate from its members, as an issue of law, the parties are divided by what is referred to as a corporate veil.' It is this corporate veil' that forms the basis of the courts ignoring the legal recognition of an incorporated company as a separate and distinct entity from its incorporators, thereby holding the incorporators or officers of a company liable to the debts incurred by a company (Millon 2010). The instances or circumstances in which the courts in Singapore pierce the corporate veil fall into two main categories, namely: at common law and by statute. Under statute, particularly in the Companies Act, there are at least three examples where this is expressly manifested (Singapore Academy of Law 2016). First, Sections 339(3) and 340(2) of the Companies Act allows the courts to pierce the corporate veil in those circumstances it establishes that a company has incurred debts without any probable or reasonable expectation that it would be in a position to settle the incurred debts. Accordingly, the collective effects of the aforementioned statutory provisions is that where a company contracts debts without any probable or reasonable expectation that it would be capable of paying the debts in future, any member or officer of the company who was aware of the company's inability to pay the debts but went ahead to contract the debts, is guilty of an offence. The officer or member of the company may, upon conviction, be made individually liable to entire or any part of the subject debts. Second, Section 340(1) of the Companies Act permits the court the pierce the corporate veil in those circumstances where it establishes that debts incurred by the company were as a result of business transactions that were aimed at defrauding creditors. The court may adjudge that any individual who had knowledge and was party to the fraudulent activities personally liable for whole or any part of liabilities or debts the company owes creditors. Finally, Section 403(2)(b) of the Companies Act allows the court pierce the corporate veil where it makes a determination that a company has incurred debts as a result of paying dividends that are in excess of the profits. In both principle and practice, dividends are only payable when the company is profitable in order not to unreasonably prejudice the company's creditors. Therefore, a Chief Executive Officer (CEO) or director of a corpo rate who willfully allows the payment or pays dividends well aware that the company has not realized any profits is liable to the company's creditors for the due debts (Singapore Academy of Law 2016) In contrast, apart from the aforementioned statutory provisions, the Singaporean Courts can pierce the corporate veil using the common law exclusions to the application of the separate personality doctrine. One common law exception is that involving the abuse or misuse of the corporate vehicle (Singapore Academy of Law 2016). Ideally, people establish companies for different reasons. However, there is no doubt that one of these reasons is to protect themselves from individual liability in the event the corporate fails. It was observed in Adams v Cape Industries Plc  1 Ch 433 that the mere fact that officers or members of a corporate use the corporate vehicle to insulate themselves from individual liability is not a reason for the courts to ignore the doctrine of separate personality. Nonetheless, the court has held in Prest v Petrodel Resources Ltd  2 AC 415 and Simgood Pte Ltd v MLC Shipbuilding Sdn Bhd Bhd  SGHC 303 that this position is distinct where the officer s or members of a company misuse or abuse the company structure for improper purposes. Therefore, if a person already has particular obligations but tries to use the company vehicle to avoid the obligations in question, the courts will often disregard the separate personality nature of the company. For instance, in Jones v Lipman  1 WLR 832, the court held that an individual who has already consented to sell their house cannot evade this contractual obligations through transfer of the house to a corporate. Similarly, in Re Darby  1 KB 95, the court held that if a business is used to commit a deceitful act, the courts will treat such a company as well as its incorporators as one and the same. Therefore, if a corporate is established with an intention to defraud unknowing investors, the court can pierce the corporate veil and old the members or officers of the company liable even if the company and the incorporators are distinct and separate under the law. Subsequently, it is important to note that in Yap Sing Hock I, Public Prosecutor (1992) 2 MLJ 714, the court observed that there are unlimited purposes for which the court can pierce the corporate veil. Furthermore, these purposes include the discovery of engaging in trade practices with the enemy, finding of tax evasion, improper or illegal purpose, and on the basis of equitable consideration (Macey Mitts 2014; Singapore Academy of Law 2016) In conclusion, it is clear from the preceding discourse that the common law doctrine of lifting or piercing the corporate veil as was developed by the House of Lords in Salomon v Salomon Co Ltd continues to influence the Singaporean jurisprudence on Company law. The central principle concerning the status of companies as body corporates is that they are separate from their members and other controllers. Thus, the general rule is that the corporate veil will always be maintained. However, the courts in Singapore, as well as other jurisdictions such as Malaysia, have often recognized that this general rule may at times lead to injustice and promote the perpetuation of an illegality if it is strictly applied. Thus, for purposes of promoting the rule of law, prevention of abuse of the corporate vehicle, and access to justice, the Parliament and the courts have prescribed the various circumstances under which the corporate veil can be pierced. Under the Companies Act, there are at least three circumstances in which the courts may lift or raise the corporate veil, including (i) where they establish that a company has incurred debts without any probable or reasonable expectation that it would be in a position to settle the incurred debts; (ii) where they determine that the debts incurred by the company were as a result of business transactions that were aimed at defrauding creditors; and (iii) where it makes a determination that a company has incurred debts as a result of paying dividends that are in excess of the profits. On the other hand, in suo moto, the court can use the common law exclusion to the doctrine of separate personality, which is the abuse of the corporate vehicle, to raise the corporate veil. References Bello, A.S, Michael, O. 2014. Piercing the Veil of Business Incorporation: An Overview of what Warrants It. Review of Contemporary Business Research, Vol. 3, No. 2, pp. 117-138. Cheng, T.K., 2010. Form and substance of the doctrine of piercing the corporate veil. Mississippi law journal, 80(2). Macey, J. and Mitts, J., 2014. Finding order in the morass: The three real justifications for piercing the corporate veil. Cornell L. Rev., 100, p.99. Millon, D., 2010. The Still-Elusive Quest to Make Sense of Veil-Piercing. Texas Law Review, 89, p.15. Singapore Academy of Law. 2016. Ch.16 Singapore Company Law. [online]. Retrieved from: https://www.singaporelaw.sg/sglaw/laws-of-singapore/commercial-law/chapter-16 [Accessed 11 November 2016].
Thursday, April 16, 2020
The 7th Army was a Royal Yugoslav Army formation raised prior to the German -led Axis invasion of Yugoslavia in April 1941, during World War II . It consisted of two divisions , two brigade -strength mountain detachments, and a brigade-strength infantry detachment. It formed part of the 1st Army Group , and was responsible for the defence of Yugoslavia's north-western frontier with Italy and Nazi Germany . Despite concerns over a possible Axis invasion, orders for the general mobilisation of the Royal Yugoslav Army were not issued by the government until 3 April 1941, out of fear this would offend Adolf Hitler and precipitate war. When the invasion commenced on 6 April, the 7th Army was only partially mobilised , and on the first day the Germans seized several mountain passes and bridges over the Drava river . Slovene politicians formed a National Council of Slovenia with the intent of separating from Yugoslavia, and on the right flank of the 7th Army, the 4th Army was seriously weakened by Croat fifth column activities within its major units and higher headquarters from the outset. This alarmed the 7th Army commander, Divizijski djeneral HYPERLINK "https://en.wikipedia.org/wiki/7th_Army_(Kingdom_of_Yugoslavia)" \l "cite_note-3" [b] HYPERLINK "https://en.wikipedia.org/wiki/Du%C5%A1an_Trifunovi%C4%87 " \o "Dusan Trifunovic" Dusan Trifunovic , but he was not permitted to withdraw from the border areas until the night of 7/8 April, and this was followed by the German capture of Maribor on 8 April as they continued to expand their bridgeheads, supported by the Luftwaffe . On 10 April, the German 14th Panzer Division captured Zagreb . Italian offensive operations began the following day, with thrusts towards Ljubljana and down the Adriatic coast, and resulted in the capture of more than 30,000 Yugoslav troops near HYPERLINK "https://en.wikipedia.org/wiki/Delnice" \o "Delnice" Delnice . When fifth column supporters of the Croatian nationalist HYPERLINK "https://en.wikipedia.org/wiki/Usta%C5%A1e" \o "Ustase" Ustase movement arrested the headquarters staff of the 7th Army later that day, the formation effectively ceased to exist. On 12 April, the 14th Panzer Division linked up with the Italians near the Adriatic coast, encircling the remnants of the 7th Army, which offered no further resistance. Ceasefires were implemented from 15 April, and the Yugoslav Supreme Command surrendered unconditionally effective on 18 April.