That Was Then This Is Now English Literature Essay

That Was Then This Is Now English Literature Essay Hinton states that she is a private person who is not comfortable talking about her personal life. She has revealed, however, that she enjoys reading (writing, taking classes at the local university, and horseback riding. She currently resides in Tulsa, Oklahoma with her husband David Inhofe, a  software engineer,  whom she married in the summer of 1970  after meeting him in her freshman biology class at college.  In August 1983, they became parents to Nicolas David Inhofe, who has worked a  sound effects recordist  on the movie  Ice Age: The Meltdown. Title explanation: The title is That was then , This is now. The title has a lot to do with the content of the book. Mark, Bryon and their friends have much to do with this two times , Then and Now. At the end of the book when Bryon visits Mark in the prison, he uses the words That was then, This is now Place: This story is set inà ¢Ã¢â€š ¬Ã‚ ¦..(place) This story is set in the US The US has about 307,212,123 residents (2009). In the US they use the dollar. The president of the US is the famous Barack Obama. The capital of the US is Washington DC. The US also has a motto ; In god we trust. Time: I cant find where this story takes place , not even on the internet ! The time that is covered in the story isà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦.. (one year? two months? one day?). Quote from the book to prove your point The time that is covered in this story is about a half year. In the begin of the story passed about 1 month , than you can find in the book i quote ; From that moment she could not see him for a couple of months.   I think thats about 4 months. Together make 5 months. Thats almost a half year. Main characters: Describe (at least two of) the main characters. The main characters are Mark and Bryon. Mark ( 16 Year) Hes small and compact, with strange golden eyes and hair to match and grin likes a friendly lion. Hes also very strong, stronger then you thought he would be. In the story he had no concept of right and wrong. He thought that he did not have to obey the laws because they were just words written down. Mark doesnt change throughout the story, he is always the same guy. The same thing as for Bryon counts for Mark. But the difference from being a friend of Mark is that I really dont think that I ever could or would have been his friend. Because his behaviour is so different from mine. I think I never would have met him or talked to him in the first place. Bryon ( 16 year) Bryon is a strong guy. He has dark hair and dark eyes. Bryon is a Street-Gangster , he is in difficult times. He comes in contact with Girls , Drugs and Street-Gangs. Bryon is sick of his Gangster life. He will began a hole new life. He became a very clever teenager. Looks Personality Does the character change in the book? if yes: explain how and why!! Plot: Write a summary of no more than 500 words! Mark and Bryon are very good friends. Mark lives next to Bryon, but when the parents of Mark killed each other when they were both very drunk, Mark goes to live at Bryon and his parents. The mother of Bryon is really sick, she is in the hospital. Mark and Bryon have some problems with the money because they must pay the surgeries from the mother of Bryon. Bryon and Mark have some difficult times. They have good friends but also enemies. M M is one of those friends Bryon and Mark. ( They give MM that name because he eats a lot of MMs ). Mark and Bryon have to sell the car because they have money problems. On a night Mark , MM and Bryon goes to a Pub . MM proposes for Cathy to Bryon , Bryon was immediately falling in love. Bryon and Cathy have a good time together. There is a dance where Bryon want to go with Cathy but ha didnt have a car. He asks Charlie if he could borrow his car . Bryon and Cathy go together to the event. They have a great time. At one point they hear there is a serious accident happened. To the great alarm at Bryon there is something wrong with Mark! Curtis, a close friend of Bryon shouts that there is something wrong with Mark. Mark must go to the hospital he has 10 stitches , he was hit by a beer bottle. Some time later Mark completely refreshed. Mark and Bryon are back together and have a desire to play some poo l. They go to the pub (Charlies). There were also a couple of Mexican guys at the pool table. Mark and Bryon losses, but later in the evenin they have more luck and they are winning. The boss of the bar (Charlie) said that the pub was closing. The Mexicans left the pub. But when Bryon and Mark came out there was a gun in their focus. Charlie had a gun and tried to save Bryon and Mark. Mark and Bryon were relieved but saw those hopes go up in smoke, a Mexican with his gun aimed at Charlie he fired and Charlie died instantly. Later, when Cathy, Bryon, Mark, and M M go out M M would assume not go home and walk away from his friends. M Ms friends are worried, there are a few months past. The friends of M M try to find him but they cant. On a day Mark told to Bryon that he knows where M M is. Bryon and Mark go together to the hippie home they see M M. Later they also go with Cathy who can not bear to see her brother so. MM goes bad and Bryon calls an ambulance for him. After that Bryon discovers that Mark is dealing drugs. Mark is in prison. Bryon hate him for ever. Favourite part: Copy ( = type!!) your favourite part/scene from the book. And, more importantly, explain WHY you like it so much. Favourite part ; He laughed then , and his eyes were the golden, hard, flat eyes of a jungle animal. Like a friend once said to me, That was then , this is now. I broke out out in a sweet and was suddenly glad of the walls and the guards and the bars. I think if he could have , Mark would have killed me. This was at the end of the book. I like this part very much because you did not expect this. The good friendship of Bryon and Mark are going broke in this part. Here you get to know that they hate each other. A kind of revelation, always very exciting to read. Essential words: A list of words you really need to know, because they are used a lot. At least 5. Explain their meaning in English Street gang = A street gang is a group of normally young people about sixteen year. They are Often on the street sometimes they make things break or do other things that are not allowed. Drugs = Drugs is a narcotic agent, many people become addicted to drugs. Dollar = A dollar is a coin unit , they use the dollar in the US. Prison = A building where people imprisoned for their crimes. Borrow = temporarily without payment of a slightly different usage and the return. My verdict: Give your opinion on the book. See instructions on how to write a good verdict Introduction : This is my verdict. In the next paragraphs you can read why i like/dont like this book. I hope you enjoy. Paragraph 1 I like this book very much . Its an exciting book , i like that. It is constantly going on , with this book you dont get bored. I read the book very fast . Because its very exciting the hole time. Paragraph 2 The book is quite credible. Something happened in real life, just not very often. In the book they use weapons. In most countries they have a gun ban. But that makes it original. Paragraph 3 I think the book is very original because its not really a happy ending. In the majority of the book is generally well off, thats not the case in this book. Conclusion All my three paragraphs are positive , so thats a easy conclusion I like the book very much . Especially because its a very exciting book. Optional assignment: Choose an assignment from the list. Really making an effort is important hereà ¢Ã¢â€š ¬Ã‚ ¦. Extra assignments Make a drawing (picture)/ collage of the main character. Write down what you think of this person. (at least 100 words) Write an interview with one of the characters in the book (at least 25 open questions, which means that you cannot answer with a simple yes or no; include the answers in your interview) Draw a detailed map of the area in which the story is set. Write a letter to one of the characters in the book, and let the character write a letter back. Write a review for a magazine; use at least 150 words. Make a small site about the book. Draw a comic about a scene from the book, and make sure that you include text!! Think of a different ending for the book and write it. In the style of the book, of course! Write a part of the diary of one of the characters in the book (at least 3 entries!) Make little files on 3 of the characters in the book. A little picture and detailed information should be included. Do you have another suggestion?Tell your teacher How to write a good verdict How to express your opinion about a book. Teachers dont like it when you say you liked the book, because it was niceà ¢Ã¢â€š ¬Ã‚ ¦, or when you say something like: I hated that book, because it was stupid. It may all be true, but we like to hear more from you. It may be difficult to pick out exactly what it was that irritated you, or what kept you reading for hours on end. So here is a list of things that might be helpful to express your likes or dislikes about the book you just read: Think about what actually happened in the book Think about the characters in the book Think about the structure of the book Think about the language that was used in the book Professional critics do roughly the same thing! They come up with arguments about: the structure of the story, the credibility (=geloofwaardigheid) and the ethical (right and wrong) aspects of the book. They talk about whether it is an original, whether it brings about certain emotions, whether the author manages to reach the goals he set himself and finally, they comment on the style used by the author. VERDICT: Write an English essay in which you express your opinion about the book you have read. Your essay should consist of an introduction, 3 paragraphs that give your arguments (supported by examples from the book) and a conclusion. Taken from Metropool, literatuur voor HAVO/VWO bovenbouw, basisboek, published by Wolters Noordhoff Groningen, edited by Corrie Joosten, Elout Roeland, first published in 1999. ISBN 90 01 20565 8

Five Functions Of Language (Leech, 1974)

Five Functions Of Language (Leech, 1974) Language plays a very important role in human lives. It is a social phenomenon. One of the main goals of language is to communicate with people and to understand them. When someone speaks, he intends a specific purpose. He wants to convey a message through that language. A person uses his language to many different purposes for example, to express his feelings, to ask for help and to apologize. In fact, we use language in many different ways, some of these are, the informational, the expressive, the directive, the phatic, the aesthetic. We use language and that language is a part of society. Actually, any language varies according to , the nature of the society, what kind of people, and their attitudes. People use language according to their situation. The social background of any person can play an important role in the kind of language he has. I am going to discuss these functions and take some examples of each one. I will explain the relationship between language and social organization. Language is very important factor of communication among society. Using language has some functions. We need to use language to fulfill our needs. It is a crucial part in our life. If a person uses his language, he chooses words that matches his needs. People use some functions to say a sentence, to ask, to reply, to greet and etc. In fact, forms are important part of our discussion because they are related to functions. A person who says, What is your name? he is showing a form of a question. Let us take another example, I want to play football, functions as a statement. Five functions of language: Actually, Geoffery Leech( 1974 ). Mentioned that language has five functions. They are: Informational   Expressive   Directive   Aesthetic Phatic I am going to discuss every function. Informational function which every one tends to assume is most important Geoffery Leech( 1974 ). In fact, this function concentrates on the message. It is used to give new information. It depends on truth and value. Let us look at this example, the car is big, the bus is crowded. language can have an expressive function: that is, it can be used to express its originators feelings and attitudes swear words and exclamations are the most obvious instance of this. Geoffery Leech( 1974 ). The speaker or writer of this function tries to express his feelings. He or she reflexes his or her impression. This function could give a clear image for the personality of the speaker or writer. The best example of this kind is Poetry and literature . In fact, this function evoke certain feelings and express feelings. Examples of this kind are, I am very happy or I spent a wonderful vacation. We can see from the previous examples that they reflex the feelings of the speaker or the writer. The third function of language is the directive function whereby we aim to influence the behavior or attitudes of others. The most straightforward instances of the directive function are commands and requests. This function of social control places emphasis on the receivers end, rather than the originators end of the message: but it resembles the expressive function in giving less importance, on the whole, to conceptual meaning than to other types of meaning, particularly affective and connotative meaning Geoffery Leech( 1974 ). Examples of this kind are, I want a cup of tea or close the door. It is clear hear that, we use the language in a direct way. We ask someone to do something. Some times we can use a sentence to express two functions. For example, I am thirsty. The previous example could be used to show the condition of the speaker or writer or to express the feeling. In a way that a person asks someone to give him water. The fourth function is the aesthetic function, which is the use of language for the sake of the linguistic artifact itself, and for no purpose. This aesthetic function can have at least as much to do with conceptual as with affective meaning Geoffery Leech( 1974 ). The function associated with the message-the vehicle-is the poetic or aesthetic function: the sign taken as an end in itself. All art understood as art is taken to embody this function, and any object valued for its beauty rather than for its ideological value or usefulness-whether a gorgeous car, an elegant teapot, or some acreage of untouched real estate-takes on this function. Although Jakobson, perhaps more precisely than anyone who preceded him, showed how the aesthetic function could hinge on structure, he argues that cultural norms ultimately determine the dominance of this function. As a striking demonstration, he notes that the aesthetic status that one generation accorded only to the poems of Karel MÃÆ' ¡cha , a subsequent generation accords only to his diaries. Jakobson, R. (1933). According to Leech, the fifth function is the phatic function. the function of keeping communication lines open, and keeping social relationships in good repair ( in Britain culture, talking about the weather is a well-known example of this). Geoffery Leech( 1974 ). We can say about this function that it is used for normal talks. An example of this, when two people meet each other accidently in a place. They start talking about something unimportant for the sake of communication like, how are you? How is your children? And so on. We can say that it is a kind of daily talking. It is not meaning but is good. Actually has another classification from what we have discussed. H. Douglas Brown has classified function of language into seven types. This classification is not much different from that of Leech. The functional approach to describing language is one that has its roots in the traditions of British linguists J,R Firth, who reviewed language as interactive and interpersonal, away of behaving and making others behave Berns, ( 1984).

Gender Gap in Cyberspace Essay -- Music Technology Papers

Gender Gap in Cyberspace Cyberspace as a frontier is open to all comers, but currently the majority of explorers and accomplished users appear to be mostly white males. Deborah Tannen, in her article "Gender Gap in Cyberspace," discusses some of her experiences and conclusions regarding this difference in usage of computers by males and females.(The full name of the author and of the article need to appear in the first couple of sentences. . .) She sums up her main point (main claim)when she asserts, "Men want to force computers to submit. Women just want computers to work" (141). (Claim is locked to a concrete piece of text to help show how the analyst is working. . .)This claim of fact is blunt and simplistic but works very well to attract the attention of her audience.(Names the claim and transistions in to the next paragraph about audience.) Some of the readers drawn to Tannen's work may be the very technophiles who serve as subjects, sociologists interested in any observations of gender influenced behaviors, teachers exploring how female students grasp technology differently than male students, or general computer users who are considering networking to cyberspace.(Sounds good and is complete regarding audience, but may be a bit long.) This specific article was published in a reader entirely made up of computer related material and written for use by first year college composition students. (Helps deepen the discussion of audience, but isn't terribly pertinent, might be cut later depending on length.)This purpose influences the argumentative style of heavy reliance on personal examples most readers can relate to and also the general language choices: easy to understand vocabulary, uncomplicated syntax, and conversationa... ...t is a full time job to be a good dad," and all listeners can hear his enthusiasm for taking on this role. At the end of the song, when he urges the child to "hold my hand, hold my hand," Stevie Wonder echoes in the background, "Whenever you need me, I’ll be there," and Smith ends the song with a final word, "for the rest of your life." Clearly Smith argues that fatherhood is a rewarding challenge that cannot be entered into lightly. Yet at no point does he shame listeners into being the kind of father he respects. Instead, he leads by providing easily understood words of guidance that offend no one and teach many. His evident joy in fatherhood is pleasantly inspiring. Overall, Smith’s smooth, conversational rap of "Just the Two of Us" is a successful rhetorical presentation encouraging fathers to be consistently loving and fully present in the lives of their sons. Gender Gap in Cyberspace Essay -- Music Technology Papers Gender Gap in Cyberspace Cyberspace as a frontier is open to all comers, but currently the majority of explorers and accomplished users appear to be mostly white males. Deborah Tannen, in her article "Gender Gap in Cyberspace," discusses some of her experiences and conclusions regarding this difference in usage of computers by males and females.(The full name of the author and of the article need to appear in the first couple of sentences. . .) She sums up her main point (main claim)when she asserts, "Men want to force computers to submit. Women just want computers to work" (141). (Claim is locked to a concrete piece of text to help show how the analyst is working. . .)This claim of fact is blunt and simplistic but works very well to attract the attention of her audience.(Names the claim and transistions in to the next paragraph about audience.) Some of the readers drawn to Tannen's work may be the very technophiles who serve as subjects, sociologists interested in any observations of gender influenced behaviors, teachers exploring how female students grasp technology differently than male students, or general computer users who are considering networking to cyberspace.(Sounds good and is complete regarding audience, but may be a bit long.) This specific article was published in a reader entirely made up of computer related material and written for use by first year college composition students. (Helps deepen the discussion of audience, but isn't terribly pertinent, might be cut later depending on length.)This purpose influences the argumentative style of heavy reliance on personal examples most readers can relate to and also the general language choices: easy to understand vocabulary, uncomplicated syntax, and conversationa... ...t is a full time job to be a good dad," and all listeners can hear his enthusiasm for taking on this role. At the end of the song, when he urges the child to "hold my hand, hold my hand," Stevie Wonder echoes in the background, "Whenever you need me, I’ll be there," and Smith ends the song with a final word, "for the rest of your life." Clearly Smith argues that fatherhood is a rewarding challenge that cannot be entered into lightly. Yet at no point does he shame listeners into being the kind of father he respects. Instead, he leads by providing easily understood words of guidance that offend no one and teach many. His evident joy in fatherhood is pleasantly inspiring. Overall, Smith’s smooth, conversational rap of "Just the Two of Us" is a successful rhetorical presentation encouraging fathers to be consistently loving and fully present in the lives of their sons.

Flyboy, Inc :: essays research papers

Flyboy, Inc Flyboy, Inc which is successful manufacturer of aircrafts wants to expand its market to Pumonia.(a small oil rich kingdom that was once an Italian colony). The government would be the principal purchaser, along with some royalty private families. It is not possible for Flyboy to enter the marker without a local representative. Flyboy is aware that â€Å"grease payments† and lavish gifts to customer is Pamonia is customary. Before Flyboy can make any decisions in expanding to Pamonia, several aspects need to be carefully analyzed and planned out, to avoid future troubles and make a smooth transaction. Both the advantages and disadvantages of this transaction should be considered. Typically the advantages of effectively expanding abroad outweigh the disadvantages and therefore the advantages will only be boldly stated. More time will be spent in analyzing in more detail the minuses of this transaction and showing how these disadvantages can be overcome by Flyboy. The two major advantages of Flyboy moving into Pamonia include: The opportunity for Flyboy to expand its geographic scope of its marketing. And the local presence permits Flyboy to maintain the aircrafts sold abroad, which can lead to better customer service and translate in to customer loyalty and satisfaction. This by the same token crates an increase in revenue. On the other side of the coin- the disadvantages or not so attractive side of the transaction are the following: By setting up and hiring agents (dependent or independent) the company has subject itself to local laws and regulations. There are many different international laws that help out a firm when entering a new foreign market, but there are just as many new host country regulations that Flyboy should consider before making any critical decisions. An example of one of the regulations that Flyboy should consider, especially if it will be in charge of marketing, is the regulations for advertising abroad. Adverting regulations are established so the host country can make sure that the new company complies with regulation such as publishing the truth in advertising, the language used in the ads, and so they can have some control over the specific content. Flyboy should have very well planned marketing strategies and local marketing considerations. Since many of the advertising regulations abroad are not even a stated law, but rather an industry code observed by the local marketing organizations; the best thing any new foreign company should do is seek legal advice from local practitioners and fashion local advertising appropriately.

The Creation of the Berlin Wall Essays -- Berlin Wall European History

The Creation of the Berlin Wall The end of World War II triggered the start of the Cold War. The victors of WWII, The United States, Great Britain, France and the Soviet Union divided Germany and Berlin into four. The United States, Great Britain, and France were all capitalist and democratic, and the Soviet Union was communist. The United States, Great Britain, and France all were part of the same â€Å"team.† The Soviet Union, however, wanted nothing to do with the others, so they decided to build a wall around their sector to keep the others out and their people in. (Divided In Unity 87). The Berlin Wall went up in the middle of the night, 2 a.m. on August 13, 1961. It was, at first a low barbed wire fence, and then workers used cement to construct a permanent structure that was 96 feet long, and about 12 feet high. (Kelly 1). Travel between east and west was nearly impossible due to the restrictions. There were 14,000 guards, 600 dogs, and approximately 302 watchtowers were placed to make sure that no one from the East escaped to the West. (The Wall). The Soviet Union had complete control over what went on in the Eastern sector. They had taken control of the only radio tower, and they decided what was broadcasted over it. It was a crime to listen to broadcasts from the West. (Kelly 2). And the newspapers that were produced in the East, the government had complete control over what was published in them: â€Å"Newspapers are the written voice of the state. Reporters do not launch independent investigation or expose government corruption. Journalists are more like secretaries, reporting what they are told, and nothing more.† (Kelly 4). People that were prisoners in the East yearned for the freedom that people had in the West. About 10,000 people tried escaping, around 5,000 made it, roughly 3,200 were jailed, and approximately 200 were killed and 200 injured from shootings at the Wall. One man, Peter Fechter who was an 18-year-old bricklayer, was shot while he was trying to escape, the guards wouldn’t let anyone help him, so he bleed to death. (Kelly 2). He ended up becoming a symbol of everyone killed at the Wall. People risked everything to get to the West, escaping over, through, and under the Berlin Wall. There were some pretty amazing ways that people found to escape. Kelly at The Freedom Forum, writes that, the Wetzel’s and St... ... was a huge separation. Not only between parts of the city and the government, but between families and what they believed in. People’s rights in the East were stripped from them. The government was the supreme voice of the city. People’s yearn to be free led them to do all sorts of ingenious, courageous, and deadly acts. The cost of their life outweighed the benefit of freedom. Works Cited â€Å"Escape Stories.† Associated Press. New York, N.Y.  © 2000 â€Å"Escaping Under the Berlin Wall.† Newsweek. March 8, 1999: 54. Online InfoTrac Web: General Reference Center Gold. Accessed: February 2002 Glaeser, Andreas. Divided in Unity. Chicago: University of Chicago Press,  © 2000. Kelly, Susan Brooks. â€Å"Two Sides, One Story.† The Freedom Forum. Arlington, VA. 1999. 8-85 Phillips, Martin. â€Å"Berlin Escape Ordeal 10 years Ago Today†¦The Wall Came Down.† The Sun. London, England. Nov 9, 1999. Online: News Group Newspapers Ltd. 6 Olsen, A J. â€Å"Breaching ‘The Wall’: The Odds Grow.† The New York Times. New York, N.Y. August 9, 1964. 11+ Colin, Armand. URL: â€Å"A Concrete Curtain: The Life and Death of The Berlin Wall† creation: September 20, 1999. URL: www.wall-berlin.org/ Accessed: January 2002.

How The Adoration Of Jenna Fox Essay

The Adoration Of Jenna Fox relates to real life because of meeting new people, feelings and also as the Kirkus Reviews said – â€Å"Outstanding examination of identity, science and ethics. Reason reveal the truth layer by layer, maintain taut suspense and psychological realism as she probes philosophical notions of personhood.† Protective parents, Jenna had very protective ones but for a reason, In the book Jenna almost dies and get cloned with â€Å"bio gel† to make a new body that she can live in with the same memories and feelings. Claire is very protective of Jenna because she doesn’t want anyone figuring out of knowing that she is not a human but a clone. Claire does not want anyone to know Jenna of make contact with her, but Jenna is a very curious young woman and is eager to start a new life with new people â€Å"I should be afraid. Mother would want me to be afraid. But other than Mother, Father and Lily, Mr bender is the only human being I have seen since I woke up. I want to speak to someone who doesn’t know me.† (pg. 17) Being curious. Jenna Fox is a very curious and questioning person, she is always thinking new things and as has so much to learn and even though some of it is really bad she is still very eager to find out about her past and figure out her future. When she tells a very close person to her what she is and she is scared and frightened to see what their reaction is. â€Å" He stares at me. His face is stiff. Frightening. I feel weak. What have I done? I should’ve kept quiet. Listened to mother. To Lily. I want to take back every word, but it is too late.† (Pg.156) Finding herself, Jenna’s brain is really her own, with the rest uploaded onto her brain. When Jenna finds out about the accident, she realises why remaking her identity so difficult. She doesn’t know who she is, and she is trying to uncover her past. We see that Jenna’s parents maybe did not make the best decision, as Jenna struggles to remake her identity, going through lots of ups and downs throughout the book. Using the available technology,  Matthew and Claire re-created their perfect daughter. But, as Jenna finds remaking her identity difficult, this maybe says that her parents might have been too early and not thought out in their decision to save her. They made the right choice, but Jenna is not without her problems. In conclusion, The Adoration Of Jenna Fox relates to the real world in many ways apart from being made more than half out of â€Å"bio gel† But she experiences many simular things to modern day teenagers. Such as having parents that really care about her, learning new things at different paces and finding herself throughout life.

Examinership, Receivership and Liquidation in Ireland

The gift of the Irish economy has triggered a veritable increase in the figure of speech of companies in Ireland which ar world deemed insolvent and which be no longer in a coif to continue operating as viable entities. This has caused the companies directors, creditors and sh argonbe arrs to seek remedies available on a lower floor Irish law. The law in Ireland regarding companies in financial difficulties was pilotly forget me drug egress by the Companies subprogram 1963, which was amended in 1990, and indeed again in 1999.All gather entities must(prenominal)(prenominal) adhere to the lawmaking set kayoed low the Act and their mortal memorandum of association and denominations of association, which together live the constitution of a go with. The principal remedies for traffic with insolvent companies be 1. Examinership 2. Receivership 3. Liquidation. 1. The concept of testership was introduced into Irish law by the Companies (Amendment) Act 1990. This o rdinance was enacted in install to provide companies which were in financial difficulties with the materialise of rec everyplaceing and at that placeby avoiding liquidation.An inspectorship is where the judiciary places a ships comp each(prenominal) below its protection to enable a address official tester to assess the some wizal offsprings of a participation and consider whether it is loose of survival, and if so, puts beforehand proposals that ordain facilitate that duration of furrow. The motivation behind the creation of this statute law was the pr level(p)tion of the collapse of the Goodman Group. The aim of this legislation was to avoid liquidation of companies with a chance of recovering from financial difficulties.Forde and Kennedy opine that the con margininous objective and consequence of the protection created by this legislation is to provide the social club or companies in question with extensive exemption against its creditors and against claims being make against it. McCormack in his article Control and Corporate Rescue believes that this role was created as a response to ever-changing political and business organization dynamics in the l990s. The telephone manslayership model was seen as being overly creditor centred and as non being sufficiently responsive to the concerns of other stakeholders.The feeling at the time, McCormack opined, was that banks had pushed companies unnecessarily into insolvency by being unduly precipitate in the accusement of recipients. The original legislation has been criticised in numerous respects, and so has been amended signifi tin skunktly by the CA 1999. Finlay CJ in the unconditional Court in Re Holidair Ltd, ack presentlyledged the shortcomings of the legislation and held that it is captivate to approach the construction of any sections in CA 1990 on the basis that the devil objectives of the legislature were to provide a mean of protection for a guild and that a keep follow should be continued as a breathing appear concern.The legislation was being used as a experience attempt to save companies which were in qualified of salvation. As John ODonnell put it in his article Nursing the Corporate persevering Examinership and Certification under the Companies Act, 1990, for many, it has been a execrable experience to learn that the Act is designed to help cure the sick and posterior non raise the dead. Keane notes that the granting of the examiner is discretionary. A act of law whitethorn appoint an examiner where it appears that a) A keep political party is or is likely to be otiose to pay its debts (b) No issue subsists for the turn-up of the caller-out (c) No order has been made for the spin-up of the family. Because of the effects of an examiner on a company, one should not be appointive without a real prospect of survival. Lardner J in Re Atlantic magnetics Ltd advocated a strict test for sound prospect of survival. He was overruled by the Supreme Court, in favour of a requirement of some prospect of survival.Prior to the rescript of CA 1990, the leading chest of drawers on the test for the conflict of an examiner was that SC stopping point in Re Atlantic Magnetics Ltd. The statutory revision of percentage 2. 2 has effectively turn that ending. The foregoing views be supported by the decision of the amply Court in Re Tuskar Resources plc, which was the first written decision on the appointment of an examiner since the changes completed by CA 1999 were commenced. McCracken J began by analysing the changes effected to the test for the appointment.He said the mod test was more than in holding with the decision of Lardner J in the High Court than with the decision in the Supreme Court In re Atlantic MagneticFinlay CJ also stated that there cannot be an shipment of proof on a petitioner to establish as matter of probability that the company is capable of surviving as a going concern. It see ms to me that this is no longer the position under the Act of 1999 by reason of the language of the new sub-s 2(2). He refused to appoint an examiner as the petitioner had failed to discharge the onus of proof that there was a apt prospect of the survival of the company.Although on the undivided petitions to gravel an Examiner appointed must be move overed to the High Court, the HC may remit the matter to the Circuit Court under CA1990 atom 3. 9 where it appears that the total liabilities of the company, do not exceed 317,434. For the petition to be approved, the CA 1990 required a petition to imbibe evidence of possibility of salvation upright no detailed analysis of the companys mail was required. This is another critique of that Act. The petition to go for an examiner appointed and the grounding affidavit must be made uberrimae fides, that is, in the ut near of superb faith.What was first decided by Costello J in Re Wogans (Drogheda) Ltd has without delay been w edded statutory force by division 4a CA 1990. Where it is sight that the court of justice has been misled, the full(a) lotion pass on be tainted. If this is discovered early in the proceedings, the examiner leave alone be discharged where the overleap of straightforward faith is sufficiently serious. However, a lack of candour and good faith leave alone not always result in a refusal to confirm an examiners proposals, as seem in Re Selukwe Ltd. There be no fact(a) qualification requirements for an examiner. They cant have been an officer of the company within the shoemakers last 12 months.McCracken J held in Re Tuskar Resources plc that there was no bar on the person who provides the independent persons overcompensate from acting as examiner. The person appointed is entitled to court-fixed remuneration and to costs. He can employ staff to care or may use company staff. character 10 CA 1990 provides that any liabilities incurred during the protection period are dee med to be legit examiner expenses. These liabilities would include new borrowing. Forde and Kennedy condone that the reason why the examiner may certify liabilities is that there may other be a danger that the companys survival as a going oncern may be disfavourd. class 29 CA 1990 gave these liabilities and expenses priority over creditors where a turning away of arrangement was worn up or a convoluted up ensued. This provision was one of the almost criticised. It was deemed to subvert the whole lending process, as secured creditors lost priority. This had the potential to severely prejudice these creditors should examinership fail. Prior to the enactment of the 1999 Act, the work of the examiner was to deportment an examination of the affairs of the company and report the results to the court within a specified period and to later present proposals and schemes of arrangement.Since the 1999 Act, that report is effectively replaced by the report of the independent accountant which must now accompany the petition. Accordingly, the indebtedness of the examiner now is (a) To formulate proposals for a compromise or scheme of arrangement (b) To carry out such other duties as the court may direct him to carry out. The examiner must report to the court within 35 days informing then of any schemes formulated. If the court is then not satisfied, it can order the company be annoy up as per Section 22 CA 1999. The examiner must meet with creditors and members to devise schemes of arrangement.The members and creditors are classed for the purpose of voting on schemes and these schemes are deemed to be accepted if the majority right to vote in favour from each class. Various classes can vote on the proposals, including the Revenue, etc. When these proposals go to the court, any creditor or member whose chases are impaired may be heard. If a party who was completely unaware of the proposed scheme can show that the examiner knew of his beence but failed to take r easonable stairs to appraise him of the situation, he may by chance have a right of legal action against the examiner for alter.The court impart not approve the proposals unless at least one class of creditors impaired by the proposals vote in their favour. As to the actual reason of the proposals, the only requirement regarding the proposals intrinsic merits are that of equality within classes. Proposals must be fair and equitable and not below the belt prejudicial. The court may propose modifications to schemes and these must be voted on if significant. 2. Receivership arises in the condition of secured debenture bond holders and provides a framework in which they may act so as to enforce their security interest.Forde and Kennedy observe that at times recipient roleship is used not solely as a means of reimbursing creditors but more as a spin for reorganising insolvent companies, so as to redeem their viable parts for the advance of those involved. Courtney notes that the term derives from the Latin recipiere to take. The receiver will go to the company and take guarantee of those assets subject to the charge. They can then incarcerate of those assets and pay off the principal and interest due to the debenture holder.Receiverships involve two distinct bloods as per Barr J in Bula Ltd v Crowley First, that between the appointing mortgagee and the receiver which relates to the fundamental objective of the receivershipThe second relationship is that between the receiver and third parties arising out of the receivership The receiver is usually appointed by virtue of the debenture. The validity of the appointment of a receiver is dependent upon compliance with the legal injury contained in the debenture and the capacity of the company and authority of its officers to create the deb ab initio, that is, from the beginning.Courtney states that a creditor owes no special duty to a company in deciding whether or not to appoint a receiver. The fundame ntal issue for the debenture holder is whether or not the appointment will further their interests. However, where the appointment will not advance these interests, the appointment may be said to have been made in bad faith. The only qualifications that the law requires of receivers are negative, i. e. real persons are barred from comely receivers, such as undischarged bankrupts and persons connected to or related to persons within the company, as per Section 170 CA 1990.In chic Finance Co Ltd the court held that a companys secretary was undesirable to act as that companys receiver. A receiver appointed by debenture can resign with notice. The court also possesses an inherent power to appoint a receiver on cover by a debenture holder. This occurs in instances where the debenture doesnt provide for an appointment in a particular situation which has arisen. A receiver appointed by the court has the status of an officer of the court and can only resign with the authority of the c ourt.Ellis noted that receivers, irrespective of the method of their appointment, are regarded as being in a fiduciary relationship with those who appointed them. A receiver is normally deemed to be the agent of the company by virtue of his appointment however, the receivers primary duty is to the debenture holder. The receiver owes a fiduciary duty to the debenture holder and must conduct his receivership in good faith. The receiver is credible to the debenture holder in damages if he is negligent.The receiver is liable to the company where he is negligent in the change of any of the companys assets. Section 172 CA 1990 states that a receiver, in merchandising holding of a company, shall exercise all reasonable care to obtain the silk hat price reasonably obtainable for the property at the time of the sale. This gave statutory effect to the law in Ireland that a receiver should be required to assure that he got the best price for an asset, even if a much smaller magnetic cor e would realise his security, as accepted in Ireland in Lambert v Donnelly and McGowan v Gannon.It was observed by McCracken J in Ruby Property Company Ltd that this is simply a statutory acknowledgement of the position at roughhewn law. A receiver cant be appointed after appointment of an examiner. If appointed in the 3 days prior to examiner appointment, he may be tenacious to cease acting. 3. Liquidation terminates a companys existence and distributes its assets in a preordained way. Carrie Jane Canniffe Restraining a Creditors Winding up entreaty The position since Truck and Machinery Sales Ltd v Marubeni Komatsu Ltd. , proffers the pilfering up process can be said to mark the formalise beginning of a companys end. There are two main forms of lead up (a) By court order (b) Voluntary. A voluntary winding up can be either a members winding up or a creditors winding up. Ussher observes that the only grounds upon which a company may be wound up by the court are stated in Sect ion 213 of the Companies Act 1963. Two different types of grounds exist for the winding up of a company by the courts, adjectival and solid.Three different procedural grounds exist (a) The company has contumacious by special resolution to wind up the company. It was held in the slick of Re Galway and Salthill Tramway Co. , that the board of directors may not cause it to do so without the benefit of an authorising or ratifying resolution in customary meeting, or specific authority in the articles. (b) The company does not commence its business within a year from its incorporation or suspends its business for a whole year. Courtney notes this ground is rarely relied upon since only contributories, the Co itself and creditors may rely on it. c) The number of members is reduced, in the case of a personal company, below two, or, in the case of any other company below seven. The most important grounds however, are those of the substantive grounds. Where (a) The Company is unable to pay its debts. The CA 1990 provides that a company shall be deemed to be unable to pay its debts in certain circumstances (a. 1) A creditor has not been give a debt of 1000 or more within three weeks after demanding it in writing (a. 2) A judgment is ungratified or (a. 3) It is proved to the satisfaction of the court that the company is unable to pay its debts.Keane comments that in deciding whether it has been proved that the company is unable to pay its debts, the court will in general act on evidence that a creditor has repeatedly use for a defrayment without success. If, however, the company can show that there is a bona fide dispute as to the particular debt claimed, the order will not be made. Alison Keirse Winding up petitions Practical application of the Stonegate test observed that the decision in Re Pageboy Couriers Ltd adopted the decision of Stonegate Securities Limited v Gregory establishing this method of defeating a creditors petition to wind up a company.However, as Courtney notes it is one thing to successfully dispute the bona fides of a debt at the hear of a petition even where successful, the company is exposed to a glare of adverse publicity wherein its solvency is questioned. The first Irish case to consider an application for injunction comforter against the advertisement of a petition was Clandown Ltd v Davis. Morris J held that the precise amount of the debt had to be declared before the court could order a winding up. Thus Morris J granted the injunction to restrain the result of the petition.One result of this decision is to reinforce the article of faith that the courts will not permit themselves to be used as a method of debt collection. Howard Linnane Oppression of Members Section 205 Companies Act, 1963 proffers that under the CA 1963 the court has jurisdiction to order the winding up of a company where it is just and equitable to do so. Ussher proffers that in many cases such grounds are invoked where there is a complet e dead end between the shareholders and the companys activities to the prejudice both of the member and the creditors.The leading case is Re Yenidje Tobacco Co, the principle of which was applied in Re Irish phaeton Promotions. Kenny J wound up a company in which the two directors could not meet without the risk of unruly scenes, and the business of the company could not be conducted. In conclusion, while a companys inability to pay its debts is the most common reason for the winding up of a company, it is not determinative. A court will only wind up a company where it is just an equitable to do so.Ultimately the appropriate remedy to be industrious will be dependent upon the effect of difficulty the company finds itself. There is of pedigree some comfort for both companies and creditors same that the Irish statutory framework at least contemplates solutions which draw back from the conclusiveness of ultimate dissolution of a company and facilitates interested parties a way fo rward through these recessionary times mayhap even to the benefit of all parties concerned.