The Key Theme Of Nostalgia Cultural Studies Essay

The Key Theme Of Nostalgia Cultural Studies Essay Nostalgia has always been a key theme in design work now. It seems to have become even more prevalent during the recession, a way of creating a comforting, aestetically pleasing and childlike environment to live. Nostalgia is so important to people its a way of collecting souvenirs and memories of the past For many people their childhood was a happy time, kidstons prints have a very childlike aesthetic. Cowgirls, simple spots, floral, very soft femine homely feels. Cath kidston has become the queen of this nostalgic revival her prints have become as ubiquitous over the last 10 years as Ashleys romantic prints were in the 70,s.ppezoe wood guardian.co.uk . Cath kidston is the new laura ashely, claimed Lorna Hall, the retail editor of the fashion trends website WGSN.The brand keys into the same aesthetic, with its dream like nostalgia, for many it is a way of nest without all the hard work involved in nesting Woman of today are embracing the domestic housewife idyll. With the change in economic climate people have started to eat in more, stick with and re decorate their homes instead of moving, women have tapped into the make do and mend, bake your own cake mentality. Cath kidston has very successfuly tapped into the zeigest of her time, when she started her business in 1993 she was the pioneer of retro prints, hand embroidered cushions, white washed furniture, so what made her take off so well? Its because people liked what they saw her products were practical, quirky, affordable and pretty all qualities which appealed to the domestic women of today. Her prints are now available, on nokia phones, tesco carrier bags, sky boxes and Roberts radios. This movement into different fields gives kidston and even broader client appeal. Design is becoming increasingly popular within society governments are becoming more aware of its importance to society as a whole. Successful design creates larger profits eventually leading to larger economic growth. an obsession with design and style among so many in Britain during the 1980,s is a mask or compensation for a spiritual lack vii Design history and the history of design. At times of economic recession consumers seek solace from their financial situations and revel in consumerism. good design is not simply a question of taste or style, it is literally a matter of life and death vii Design history and the history of design. Design is so important because it is a blend between art and industry. Its the showcase for creativity which intern creates customers and profits. Design is the conscious effort to impose meaningful order Page 31 Design History and the history of design. Design is such an integral part of human life. Maybe the style in which we choose for our homes, clothing, cars alters our own and others peoples perceptions of us. This is probably why when one trend surfaces and begins to flourish other people tap into it and it becomes a new style trend over night gradually large numbers of society tap into its idyll. People like to feel part of society as a whole, probably why businesses such as Cath Kidston are s successful. Her idyll is the chintzy nostalgic domestic housewife, and she has been so advantageous for such a long period of time.Art historians considered style vital because they thought of it as the outward manifestation of the inner being of a person, social group or an age pg 153 Design history and the history of design. When people look into a certain style and trend they can gain an enormous amount of information regarding cultural, ethical, social, moral and economic factors. Nicos Hadjinicolaou describes style as a particular form of the overall ideology of a social class pg 153 Design history and the history of design. If people begin to understand these changes in style and design they will become more aware of cultural evolution as a whole. The way in which products are styled and advertised has become as or more important that the object itself. As soon as a product is deemed off trend or too dominant within the market people migrate onto the next new thing. Its likely that when this change happens within one design form the others alter with it. People begin to manifest their general feelings and emotions through changes in style to their clothes, homes, cars. Increasing affluence and social mobility has enabled whole sectors of society to purchase lifestyle off the pegp167 in terms of social function, a lifestyle offers a sense of identity but it is also a device for reducing the anxiety caused by having to much choice p168. This could also identity why one trend kicks off, why so many people follow it because they to wish to spend time and effort identifying an alternative. Brands are merely a badge, a promise of quality, an assurance of consistency. http://brandcameo.org/features_effect.asp?pf_id=249 . We as the consumer buy into this mentally so well because we believe the whole ethos a retailer is selling us, we home in on elements that fit our own aesthetic and then purchase things accordingly. Some people dont want to follow trend .. i want to make my own statement rather than borrowing something from a fashion retailer The woman may have made this statemenjt because people dont like to be controlled or told how to thing, or how to shop. Sometimes the message are subconsciously viewed and our desision naltered even without us knowing. . Ernst and Young show that over 90% of products try and fail to become brandsif there was any element of control or influence there wouldnt be that kind of failure rate this quote shows which products fail and which succed to become brand trends, is completly down to the transient climate at the time, people attitude s and economic climate oh and possibly luck. Consumers are bombarded with an estimated 3000 marketing messages a day, which they chose to conform with consciously or subciously. A persons home is not merely a representation of trends of the day but a visualisation of the person itself, .. homes become material manifestations of their personal identitiespg73 Interior design and identity. This is probably why people invest so much time and effort in creating a home which represents them well, as the sort of person they want others to see them as. Conforming to social trends is a may of a majority showing its power over the minority. Jan Constantine is another interior textile designer who seems to have weathered t he current recession well, her work has gone from strength to strength. Her work has been published in many homes magazines, she seems to have tapped in on the union jack phenomenon which swept Britain in the early summer, and is still prevailing now. The Union Jack style, has did the Union Jack go from chavvy to charming? Annie Deakins. The connotations of the Union Jack have altered in the last few months from tacky or an emblem for the BNP to a high street patriotic trend. Large retail companies such as Debenhams and Topshop used it in their summer collections, when brands like this tap into a trend the majority of the high street follows. These companies are described as Barometers for our countries thinking. The union jack had also become a sign for all this British, tea parties, picnics, street parties, Its a simple that unites people and represents British values and traditions. The colour way o f the flag has been altered in some designs even recreated in floral patchwork. Jan Constantine concept is that her products are Designed for today, destined to be heirlooms of the future CrossSticher magazine. This comment implies a dislike of the throw away mentality of consumers today, she is tapping into the crafty bespoke aesthetic. Her work is hand worked and uses natural silks, cotton and linens .Constantines work was spotted Buy a Libertys buyer at the Country Living fair and thats how the phenomenon started, she is now also available in many yummy mummy shops around the country. As well as the union jack the word Love is another symbol used, Everybody really likes it, its my best seller! Theres something to say about that.This shows how people like words and symbols that provoke meaning and memories. Its also an aesthetically nice word to look at. On one hand at the present time there is the expensive, exclusive one off designs and on the other is the push towards design for all, accessible affordable and mass produced. At the moment there is a clear divide between these two methods of production, but the designs themselves can be relatively similar just the ethics and values behind them are altered. Once you have designed a Look it can be reproduced on everything, cushions, clothes, pencil cases, wallpaper. Covering from high end to cheaper mainstream. This way a trend becomes accesibble to all across the social economic scale and once a look has broken into the market it is often published in many fashion and interior magazines thus reinforcing the trend. Id have thought it was all about flexibility and agility the flexibility for designs to be used in multiple scenarios for multiple consumer groups, and the agility to quickly and easily modify designs to meet changed demands with minimal lead time and cost for both design and manufacture all requiring a degree of standardisation and componentisation of design parameters Multi channelling retail has made it even more accessible to purchase products, For most interior design companies, there products are available, through shops, via the internet and by catalougue. People can now access the internet via their phones, This wealth of information probably means new designs filter out in the mass market much quicker than they did a decade ago, but this could also mean thing that become on trend become unfashtionable even quicker. There has been a movement towards the anti brand which is concerned with sustainability and recycling, and a lengthened life cycle of a product.

Corporate Veil Essay

In the main, traders and business people are risk averse; as a result, in whatever they do they always fight for risk minimization. The aforementioned factor –i.e. of minimizing risk- contributes, to a significant extent, for the decisions by traders and businessmen to forming companies. Consequently, traders and businessmen will see as the main attraction of forming a company the advantage of avoiding liability for business debts. This advantage arises from the concepts of separate legal person and limited liability which are embodied in the doctrine of corporate veil under company law. However, some businessmen, law scholars and the public at large argue that corporate veil is nothing but a fallacy meant to dupe business people into a false sense of security. The following presentation seeks to discuss this assertion, bringing out the significance and exceptions of the concept of corporate veil. The doctrine of corporate veil emanate from the ruling of the case of Salomon vs Salomon 1897, whose facts are as follows: Aron Salomon was a successful leather merchant who specialized in manufacturing leather boots. For many years he ran his business as a sole proprietor. Salomon decided to incorporate his business as a Limited company, Salomon & Co. Ltd. Mr. Salomon himself was a managing director who owned 20,001 of the company’s 20,007 shares – the remaining six were shared individually between the other six shareholders (wife, daughter and four sons). Mr. Salomon sold his business to the new corporation for almost  £39,000, of which  £10,000 was a debt to him. He was thus simultaneously the company’s principal shareholder and its principal creditor. The company almost immediately ran into difficulties and only a year later the then holder of debentures appointed a receiver and company went into liquidation. Its assets were sufficient to discharge the debentures but nothing was left for the unsecured creditors. The liquidator argued that the debentures used by Mr. Salomon as a security for debt were invalid on the grounds of fraud; hence Salomon was not a genuine inco rporator. The foundation of company law came by the ruling made by the House of Lords in the Salomon case. It was held that Salomon’s company was a legal person separate from Salomon and since Salomon had become a secured creditor of the company, he had to be paid first before all other creditors. Once legal personality was established, the issue of shareholding could not  be necessary. In concurrence with the Houses‟ (court) finding Lord McNaughten at P 51 said; â€Å"The company is at law is a different person altogether from the subscribers†¦..and though it may be that after incorporation, the business is precisely the same as it was before and the same persons are managers and the same hands receive profits, the company is not in law the agent of the subscribers or trustee for them. Nor are the subscribers as members liable, in any shape or form, except to the extent that in the manner provided by the Act†. It is always hard to exaggerate the significance of the case of Salomon Vs Salomon and Co Ltd in terms of its contribution to company law globally. By re cognizing an incorporated firm as a corporate legal persona, it led to the creation of the corporate veil which brought a hatful of benefits to the business people. A corporate veil is defined as a legal concept that separates the personality of a corporation from the personalities of its shareholders, and protects them from being personally liable for company’s debts and other obligations (m.businessdictionary.com). In other words, the corporate veil can be described as being the separation between a company and its members. Due to the separate legal status of a company from its members this is usually very strictly maintained. This will, on the other hand, provide a true sense of security to business people. As a separate legal persona, a company has; a limited liability, perpetual succession, ownership of property, rights and obligations in its own name and easy borrowing means as its features which are of great importance to investors and other stakeholders. These features make a company enticing to business people. The corporate veil plays a pivotal role in maintaining the corporate legal persona status of a company, hence providing entrepreneurs with a less risky means of pursuing ideas and projects in the business world as they enjoy the benefits arising from the characteristics of the concept of separate corporate persona. One of the benefit arising from an incorporated company that of limited liability. According to Anton Behr, â€Å"Stand behind the veil of incorporation is the principle of limited liability that the court will use to prescribe that a company will be responsible for all the debts that have been incurred instead of its shareholders or members. In the case of Tatro v. Citigroup, Inc. D.R.I. March 15, 2010 where the courts recognized limited liability  of manager under Georgia law and dismissed claims against manager because complaint did not allege facts plausibly suggesting direct knowledge or personal involvement by manager in alleged fair credit reporting violations by the limited company. This gives the shareholders a great level of security. They are able to profit from the successes of the company whilst being safe in the knowledge that their personal liability is limited to the value of the shares they have purchased. Limited liability is even enforced in S7 of company act. H owever, it may not be attractive to potential creditors who may require additional security for their loan. Furthermore; a company, through the effect of the corporate veil, holds property in its own name as illustrated in the case of Macaura v Northern Assurance Co ltd (1925) wherein Mr Macaura had insured timber under his own name and this was then destroyed by a fire. When Mr Macaura claimed for compensation, his claim was rejected on grounds that he did not have insurable interest since a company is a separate legal persona distinct from Macaura. As a result, by owning its own property, a company gives more security to its members than if when a leaving director was able to enforce a sale and division of any company property he owned. Pursuantly, the shareholders’ investments are made more attractive and secure. However, this may be to the detriment of a trader as in Macaura case. Another benefit flowing from the concept of corporate veil is of efficiency. As soon as it is recognised that a company is a distinct, legal person in itself then the company can create contracts in its own name. As a result, trade is made simpler when it involves complex commercial organisations. Members of different races and background can also benefit in trading in some areas where they are not personally allowed under the shield of the corporate veil. For example in the case of Dadoo Limited V Krugersdorp Municipality where there existed during the apartheid regime legislation which prohibited non-whites from owning land in a certain area which was reserve for whites only. Mr Dadoo was an Asian and he formed a company called Dadoo Limited and it bought land in the white area and set up business there. The municipality sought to enforce the legislation and remove Dadoo from the place. It was that Dadoo Limited was a company and enjoyed legal personality separate from its members. A company could not be said to be white or Asiatic as race/ colour did not have any effect on the legal personality of the company. Equally important, the company can sue or  be sued on its name as illustrated in the case of in the case of Foss v. Harbottle (1843). Held: The action could not proceed as the individual shareholders were not considered as proper plaintiff. He held that a wrong was committed against the company, and only the company could ta ke the legal action. The members did not have legal standing to sue the wrongdoers because the members and the company were separate legal entities. By shielding the company from its members, the corporate veil enables perpetual succession of an incorporated company. It can only be subsequently terminated by the law the conditions for which are specified in S206 of CA 24-03. Unlike people, companies are immortal and will continue to exist after the exit or death of its members by the process of perpetual succession. Even if all the members die, it will not influence the privileges, immunities, estates and possessions of a company. The principle of perpetual succession is clearly illustrated in the case of Re Noel Tedman Holdings Pty Ltd (1967).The company had a husband and a wife as its only shareholders. They were also the company’s directors. They died in an accident, leaving behind an infant child. After their death the company was still in existence. The problem that arose was, as the shareholders and directors had died, the shares could not be transferred according to the will of the deceased to the infant child. The court thus allowed the personal representative of the deceased to appoint directors of the company, so that these direc tors could allow the transfer of the shares to the child. Therefore, the company may even continue to exist despite the death of all its shareholders and directors. It will last until it is deregistered or ‘wound up’ On the contrary; even though the corporate veil is one of the main advantages of establishing a company as it will provide a liability protection against lawsuits and creditors, it also crucial to note that there are times where there are some exceptional circumstances where the court would ignore it and strip the company members’ and shareholders’ limited liability that they enjoy. This is called the â€Å"lifting of the corporate veil,† which is defined as a legal decision which will treat the rights and obligations of a corporation as the rights or liabilities of its owner. In this case, the members will be responsible in carrying out their fiduciary duties towards the company. If they act in bad faith, the court will lift the company veil and they shall have a personal liability  (ammango molly.blogspot.com) Lifting the corporate veil writes off the sense of security once instilled in business people. Generally, the corporate veil is lifted through two ways namely by judiciary evasion and statutory evasion. The former involves the use of common law to lift the veil. The courts have the following exceptions to peep behind the corporate veil: Firstly, where there is fraud and improper conduct. The Courts will not allow the corporate veil to be used as an engine of fraud. The Courts have been more that prepared to pierce the corporate veil when it fells that fraud is or could be perpetrated behind the veil. This is shown in the case of Gilford Motor Company Ltd v. Horne. Mr. Horne was an ex-employee of The Gilford motor company and his employment contract provided that he could not solicit the customers of the company. In order to defeat this, he incorporated a limited company in his wife’s name and solicited the customers of the company. The company brought an action against him. The Court of appeal was of the view that â€Å"the company was formed as a device, a stratagem, in order to mask the effective carrying on of business of Mr. Horne†. The Court of appeal regarded it as a mere sham to cloak his wrongdoings since it was clear that the main purpose of incorporating the company was to perpetrate fraud. Secondly, courts also lift the corporate veil where the principle of corporate personality runs contrary to state interests. This exception supports the concession theory which holds that legal personality is just a concession by the state or a privilege granted by the state which the state may withdraw at any time. For example, as was held in case of Daimler Company V Continental Tyre Company. Daimler was a German company and during the course of the business, it came to be owed money by continental Tyre Company. World War 1 broke out and Daimler Company claimed the money owed to it by Continental Tyre Company which refused to pay arguing that since Daimler was a German Company and German was at war with England, paying Daimler Company the money would be tantamount to trading with an enemy. The court upheld the argument. The courts may also apply the agency construction to lift the corporate veil by holding that a wholly owned subsidiary would be acting as an agent of the holding co mpany. This was clarified in the case of DHN Food V London Borough Of Tower Hamlet. There were two companies, one holding the other a subsidiary. The subsidiary was wholly-owned but using land which belonged to the holding  company. The municipality wanted to compulsorily acquire land but it was supposed to compensate the owner of the land if he disturbed him in business. The question was whether the holding company was disturbed in business. It was held that the holding company was entitled to compensation since the subsidiary company was acting as its agent. The corporate veil can also be lifted by the use of the Companies Act; this is known as statutory evasion. The following sections of the Zimbabwe Companies Act explain the situations on which the corporate veil can be lifted leaving the members of the company liable: Section 32 – imposes personal liability on a member who knowingly allows a company to carry on business for a period of more than 6 months without members. Section 58 and 59 – imposes civil and criminal liability for misstatements contained in the prospectus. Section 124 – imposes liability on directors who fail to properly hold statutory meetings. Section 126 – directors are liable for failing to hold an extra-ordinary general meeting. Section 186 – directors are liable for failing to disclose interests which they have in company contracts. Section 318 – directors are liable for fraudulent conduct of the company business. Consequently, lifting the corporate veil leaves the members of the company without security which is the reason why some people say the corporate veil is a fallacy. In the eyes of the law removing the shield of incorporation discourage business people from using a company as a vehicle of fraud hence serving justice. To sum up, it is certainly true that some of the implications of the corporate veil have proved damaging some of the time. However, it is submitted that the benefits generated as a consequence of the corporate veil hugely outweigh the negative effects that it has had. BIBLIOGRAPHY: GOULDING SIMON, COMPANY LAW SECOND EDITION 1999 MAVHUNGA. M. (UZ) CORPORATE LAW AND BUSINESS ADMINISTRATION STUDY PACK NCUBE LISON (NUST), COMMERCIAL LAW 1204 MODULE, 2014 COMPANIES ACT CHAPTER 24:03 www.lawteacher.netm.businessdictionary.com

Bacteriophage (Virus That Infects Bacteria)

Operations Management Production Management - 1657 Words

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