A Rhetorical Analysis on Dr. Martin Luther King’s “I have...

On the epoch of America’s civil-rights movement, Dr. Martin Luther King Jr. gave the supreme exemplification of insurgency through a peaceful march of 200,000 people on Washington D.C. (Anson L.). There he delivered the most powerful speeches of all time known as â€Å"I Have a Dream†. On August 28, 1963, at the Lincoln Memorial, this revolutionary civil rights leader through his stirring speech epitomized an objective for the black inhabitants of the America. His speech had the rationale to move billions of Americans to stand up for the rights of the blacks. The social and racial segregation of that segment of time brought a huge response to the overpowering speech which gave the â€Å"black activists a vision for the future† (Anson L.). â€Å"I have a dream† is predominantly looked upon for its emotive rhetoric and its illustration of a prospect of brotherhood. This rhetorical analysis will focus on a few major points, such as, the appeals Dr. King uses, which is mostly pathos, to make this speech a persuasive one; the arguments he makes about the unfulfilled American dream of true independence and democracy and the urgency of taking an action against inequality; the stylistic or rhetorical devices brought into play; the relation and affect of the title to the speech. The most appealing rhetoric in this speech is pathos, used cleverly in the sense of persuading people with an emotional plea. Dr. King, through the use of pathos, tried to make it discernible that his aim was to â€Å"make theShow MoreRelatedRhetorical Analysis of Dr. Martin Luther Kings I Have a Dream Speech994 Words   |  4 Pages On August 28th, 1963, Martin Luther King, Jr. delivered a speech to more than 200,000 people during the March on Washington. Kings speech was one of the most influential during the era of the Civil Rights Movement and is to this day recognized as a masterpiece due to its effect on the audience as well as for its eloquence and language. Many components went into this passionate speech that portrayed Kings hopes for racial equality and a brighter future made the speech as moving as it was. ItRead MoreThe Fight for Freedom1312 Words   |  6 Pagesbeen working for change since before the civil war, but mainly beyond. Some of the most prominent civil rights leaders include Martin Luther King Jr., Rosa Parks, Malcolm X, Philip Randolph, and Bayard Rustin. The two main goals of the civil rights activists being, equal rights and treatment for all races. As a result, the â€Å"I Have a Dream† speech was written by Martin Luther King, Jr., a man who â€Å"Led successful efforts to integrate public transportation in Montgomery, Alabama; founded the SouthernRead MoreA Rhetorical Analysis: of I Have a Dream Essay1484 Words   |  6 PagesIn Martin Luther King’s I Have a Dream speech, King makes use of an innumerable amount of rhetorical devices that augment the overall understanding and flow of the speech. King makes the audience feel an immense amount of emotion due to the outstanding use of pathos in his speech. King also generates a vast use of rhetorical devices including allusion, anaphora, and antithesis. The way that King conducted his speech adds to the comprehension and gives the effect that he wants to rise above the injusticesRead MoreAnalysis of Martin Luther King ´s Speech: I Have a Dream1309 Words   |  6 Pagesbeen working for change since before the civil war, but mainly beyond. Some of the most prominent civil rights leaders include Martin Luther King Jr., Rosa Parks, Malcolm X, Philip Randolph, and Bayard Rustin. The two main goals of the civil rights activists being, equal rights and treatment for all races. As a result, the â€Å"I Have a Dream† speech was written by Martin Luther King, Jr., a man who â€Å"Led successful efforts to integrate public transportation in Montgomery, Alabama; founded the SouthernRead MoreRhetorical Analysis I Have A Dream76 7 Words   |  4 PagesShelly Ahmed Deborah Williams Rhetorical Analysis 04 November 2017 â€Å"I Have a Dream† The March on Washington for Jobs and Freedom took place in Washington, D.C. on August 28, 1963. There was about 250,000 people in attendance. It was the largest demonstration ever seen in the nations capital, and the first to have a lot television coverage. Dr.King uses the bible to receive an emotional reaction and connection from the audience as The glory of the Lord shall be revealed and all flesh shall seeRead MoreMartin Luther King Memorial Essay1993 Words   |  8 PagesThe Martin Luther King Jr. Memorial is the newest memorial to be built in Washington D.C. The memorial was finished with construction in the summer of 2011. This memorial celebrates the life of one of the most influential leaders of the Civil Rights era, Dr. Martin Luther King Jr. This is a reminder of Dr. Kings’ powerful impact on the country and even the world. It was only right that a memorial was built in Washington D.C. to honor the life of this powerful man. Dr. Kings’ memorial is locatedR ead MoreAnalysis Of Martin Luther King s I Have A Dream 903 Words   |  4 PagesI Have a Dream: Pathos On August 28, 1963, Martin Luther King delivered his speech at the Lincoln Memorial, which included a minimum of 20,000 people that gathered after the march of Washington. In his â€Å"I Have A Dream† speech, Martin Luther king utilizes pathos to build a relationship with his black and white audience. His references to black and white children and allusions to times of slavery which appealed to both parents and older generation. The use of pathos in his speech assisted Dr. KingsRead MoreRhetorical Analysis Of Martin Luther Kings I Have A Dream1140 Words   |  5 PagesJeicy Brito â€Å"I Have a Dream† Rhetorical Analysis African American Baptist minister and activist, Martin Luther King, Jr., in his â€Å"I Have a Dream† speech, addresses racism against Negros and demands equal rights and freedoms. King’s purpose is to motivate his audience to join him in fighting for what they deserve. He shifts from an urgent, demanding tone at the beginning of the speech to a more hopeful and patriotic tone towards the end. Throughout the speech, Dr. King appeals to the audience’s desireRead MoreOne Of The Best Speeches - I Have A Dream3032 Words   |  13 PagesSpeeches One of the Best Speeches – I Have a Dream Melissa Khang Bellevue University Abstract With the challenges that we, as the human race, have faced, we have also endured and conquered some of the easiest and most of the hardest issues that had risen in the past. With more opportunities opening up, there will also come more challenges. In Martin Luther King’s speech I Have a Dream, he was able to express the way he feels toward having the dream that one day everyone shall be united asRead MoreThe Civil Rights Movement : Martin Luther King Jr. Essay1690 Words   |  7 PagesA civil rights leader by the name of Reverend (PBS, 2016) Martin Luther King Jr. changed the world he occupied and changed the future course of the United States of America by advocating for desegregation. Martin Luther King Junior was on a mission to end the segregation of the African American community. Segregation was the post result of slavery throughout the United States of America which enslaved Africans. He challenged the status quo of the time. Protesting peacefully and advocating for s ocial

According to Merium Webster, gender is the behavioral,...

According to Merium Webster, gender is the behavioral, cultural, or psychological traits typically associated with one sex.† Our gender is not biological. Our sex is biological. Kathy Witterick and her husband, David Stocker decided to not reveal the sex of their child. In the birth announcement, instead of saying â€Å"its a boy† or â€Å"it’s a girl† they said Weve decided not to share Storms sex for now — a tribute to freedom and choice in place of limitation, a stand up to what the world could become in Storms lifetime (a more progressive place?). Witherick explains that â€Å"When the baby comes out, even the people who love you the most and know you so intimately, the first question they ask is, ‘Is it a girl or a boy? If you really want to†¦show more content†¦A person with agency can make decisions and effect change. I try to connect the ideas of socialization, performativity and gender neutrality. I try to show how gender neu trality would give people agency. I used Judith Butler’s theory of performativity as a framework for this analysis. I connected how socialization forces us to â€Å"perform† in certain ways. Socialization is the process by which a person what society expects for them to be. Socialization effects us from the moment we arrived on the earth. I actually think that socialization is strongest when we are younger. I focused on the early years for a very specific reason. Socialization starts with the parents. The first way we understand a baby is by its gender. One study found that parents have different expectations for boys and girls a day after the child is born. (Rubin, Provenzano, Luria, 1974) The mother declaring the sex of the baby is the first step of socialization and loss of personal identity. I think this moment is important to focus on for many reasons. What the mother says will have long term consequences it will define how the child is talked to for the rest of their lives. Newborns are considered to be the most vulnerable members of society. The fact that so much of their identity is decided at this most vulnerable moment emphasizes how oppressive gender norms can be. Newborns have their whole lives ahead of them but they have already lost some control of it. There areShow MoreRelatedGender, Gender And Gender932 Words   |  4 Pagescommonalities found throughout the text, wh ich challenges the representation of gender identity in last week’s materials. One of the similarities found throughout this week’s materials is that gender is complex. Professor Davis’s lecture â€Å"Sex Gender – It’s Complicated† defines â€Å"Binary gender: man or women, female or male, and masculine and feminine. Two distinct categories† (slide 5). The Western society mostly see gender as binary, black and white. However, Baird writes in â€Å"Transgender: ‘as the starsRead MoreGender, Gender And Gender Stereotypes1582 Words   |  7 PagesThere are multiple examples and instances where the object of a joke has something to do with gender and gender stereotypes. These types of jokes seem to take center stage at any comedy performance or routine, and the audience loves it. Gender in association with humor brings up a great deal of questions. Do males and females see humor differently? Are there any similarities in the way the sexes view humor? And is there any truth to the thought that humans enjoy crass humor more than other typesRead MoreGender : Gender And Gender1767 Words   |  8 PagesGender’s role in Authority In what ways is the male gender superior to the female gender in relation to â€Å"The Homeric Hymn to Demeter†? It tells the story of Persephone, goddess of spring, taken against her will by Hades. Her grieving mother, Demeter, goes through great lengths to be reunited with her beloved daughter. The hymn portrays a great divide in authority between both genders. The male gods use their authority without consequence. They assert their power on others without taking into accountRead MoreGender, Gender And Gender Equality1391 Words   |  6 PagesThis essay will look at Gender discrimination in an Australian prospective with some overseas perspectives overlapping this essay will look at gender deference’s in pay in Australia and discuss the ideas and arguments surrounding gender equality in the work place. Gender equity in work place is still a heavily understudied in Australia and as is more or less worldwide. In Australia a country of so called â€Å"equality† w hich is still, even in the 21st century is an ambiguous and questionable ideal asRead MoreGender Inequality : Gender And Gender1575 Words   |  7 Pagesthere’s something â€Å"natural† about gender distinction because biology makes one sex different from the other. What they don’t know is gender is the personal traits and social positions that members of a society attach to being female or male. Gender is not a trait we are born with, rather it is a â€Å"brand† to which we are labeled with. It refers to the psychological, social, cultural, and behavioral characteristics that are being associated with being a female or male. Gender involves hierarchy, ranking menRead MoreGender Socialization : Gender And Gender1040 Words   |  5 Pagesillis Women Studies 9 online Oct 8, 2015 Gender Socialization Gender, according to Lorber, is the product of a range of social forces that influence our gender construction through a system of reward and punishment. throughout my life, I have been taught to be a women by family and through society, all that at some point supported the goals I had for myself or created obstacles by challenging my own ideas of what meant to be a strong women. Gender socialization is the process by which individualsRead MoreGender, Gender And Gender Roles1476 Words   |  6 Pagesmen were the predominant head of the household and women were expected to cook, watch their kids, and clean? This is an excellent example of gender roles, and how they control some aspects of life. Gender roles according to multiple sources are, the way people behave, what they do and say, to express being a female or male. (â€Å"Gender Identity†, Blackstone, Gender Spectrum). They are forced upon an individual from the day that person is born even in the most trivial of terms of putting boys in blueRead MoreGender, Gender And Gender Identity931 Words   |  4 Pagesor female gender. This self-identity problem can usually be accompanied by numerous forms of treatment to change ones’ physical appearance, and make it more consistent with their identified gender identity. In many cases, the individual can identify with the gender of the opposite sex to the point one believ es that he or she is a member of that gender group trapped in the wrong body. This is also called Gender Dysphoria or formerly known as Gender Identity Disorder. The person with gender dysphoriaRead MoreGender, Gender And Gender Bias1429 Words   |  6 Pages Language and gender has become an increasingly popular topic of study over recent decades, most likely due to the second wave of feminism in the 1960s and 70s. This can also be seen in the fact that goals of linguistic studies shifted at this point, to not just look at grammatical differences between males and females but to examine sexism and gender bias in language. The wording of such studies becomes increasingly important in the modern era, as gender is now recognised as a socially constructedRead MoreGender, Gender And Gender Discrimination1303 Words   |  6 Pagesprecipitating gender inequity (MacWilliams, Schmidt, Bleich, 2013; U.S. Census Bureau, 2013). Unfortunately male nurses have become victims of discriminatory stereotypes which deter the recruitment of males into the profession (Meyers, 2003; O’Lynn, 2004; Rajacich, Kane, Williston, Cameron, 2013). Barriers of equality are impeded by the historical origin of modern nursing and to achieve integration in a femi nine dominated field remodeling nursing to include equality for both genders. Selecting this

Video Laryngoscopes For Intubations Health And Social Care Essay Free Essays

Difficult and failed tracheal cannulation remains a taking cause of anaesthetic morbidity and mortality despite progresss in schemes both to predict and to pull off [ 5 ] the hard air passage. Many hard cannulations are non recognized until after initiation of anaesthesia [ 3 ] . Despite the handiness of options, the Macintosh Laryngoscope remains the most widely used. We will write a custom essay sample on Video Laryngoscopes For Intubations Health And Social Care Essay or any similar topic only for you Order Now Endotracheal cannulation, considered to be the gilded criterion in procuring the air passage, is normally performed utilizing a direct Laryngoscope. In add-on to hapless light, troubles in executing conventional direct laryngoscopy normally arise from the limited position angle of about 10-15 [ 5 ] . Standard direct laryngoscopy requires alliance of the unwritten, pharyngeal, and laryngeal axes in order to see the vocal cords. In contrast, indirect Laryngoscopes merely requires alliance of the guttural and laryngeal axes, which lie along similar angles as compared with the unwritten axis [ 6 ] . Insufficient laryngoscopic position constitutes the chief ground for hard cannulations.Without equal visual image, cannulation remains insecure and associated with elevated hazard for injury [ 7 ] . Therefore, different blade designs such as the McCoy purchase blade, DoA?rges cosmopolitan blade and so on were developed to better cannulation success. [ 8,9 ] Owing to staying cannulation troubles in some patients, instruments leting indirect glottic position such as flexible and stiff fiberscope, cannulations endoscopes and optical stylets were introduced [ 10-12 ] . However, extended costs and the demand for particular preparation basically contributed to a limited spread of many of these devices [ 13 ] . Therefore, anesthesiologists are still seeking for cannulation devices uniting first-class glottic visual image with simple and efficient usage. Over the last few old ages, video-assisted endoscopic techniques have successfully been introduced into assorted surgical subjects. In contrast, anesthesiologists have been loath to take up the advantages of the picture technique for their intents. The first efforts were undertaken with jury-rigged instruments uniting Laryngoscopes and flexible fiberscopes [ 14 ] . Today, several luxuriant picture Laryng oscopes are commercially available [ 15-18 ] . Whereas some devices feature a conventional Macintosh blade signifier, others show a distinguishable blade design. A marked curvature resembling oropharyngeal and hypopharyngeal anatomy enables a widened position. As a affair of fact, airway direction in injury patients has turned out to be exceptionally critical [ 19 ] . In instance of hurt and instability, motion of the cervical spinal column can do irreversible harm to the spinal cord [ 20 ] . Attachment of stiff or semi-rigid cervical neckbands are a compulsory measure in exigency medical attention but makes ETI by standard laryngoscopy much more hard or even non possible [ 21 ] . Video Laryngoscopes ( VLs ) , which allow an indirect position of the glottis, may therefore ease ETI even when the direct glottic position can non be obtained and better visibleness of the vocal cords [ 22 ] . The broad handiness of VLs poses the inquiry whether their usage can ease ETI safe and speedy even without remotion of the cervical neckband. AIM OF THE WORK To measure the safety and utility of glidescope, Airtraq and UE video-Laryngoscope use in anesthetized patients with fake ( with an immobilized cervical spinal column ) and expected hard cannulation conditions in comparing to the Macintosh Laryngoscope. Patients and methods Ethical blessing was obtained from the Ethical commission in HUST, and written informed consent was obtained from all participants before registration in the survey. .Target population Patients which showing for elected surgery necessitating orotracheal cannulation, were recruited and indiscriminately assigned into two chief groups, each chief group include four subgroups of 20 patients. Type of the survey: Comparative, prospective, random clinical test survey An helper who was non involved in the survey obtained numbered opaque pre-sealed envelopes incorporating the randomized group allocations after each patient was enrolled into the survey. Anesthetists non involved in the aggregation or analysis of the informations performed all cannulation. GROUPE ( 1 ) : { expected hard cannulation } macintosh laryngoscope- – glidescope – Airtraq – UE video-laryngoscope GROUPE ( 2 ) : { fake hard cannulation } macintosh laryngoscope- – glidescope – Airtraq – UE video-laryngoscope Inclusion standards A ; Exclusion standards: – GROUP ( 1 ) : Inclusion standards: Both sexi?†º Patients are ASA I or ASA IIi?†º Age 20-60 yearsi?†º Consent from patients about the nature of the survey and techniquei?†º Expected hard airway upon appraisal. Exclusion standards: Patient refused to inscribe in the research survey Ear, nose or throat surgery A demand for rapid sequence initiation or exigency surgery Any upset of the cardiovascular, pneumonic, hepatic, nephritic, or GI systems known from history or general scrutiny Patients with unstable cervical spinal column If the patient at hazard of pneumonic aspiration. GROUP ( 2 ) : Inclusion standards: Both sex Patients are ASA I or ASAIIi?†º Age 20-60 old ages. Consent from patients about the nature of the survey and technique. Exclusion standards: Patient refused to inscribe in the research survey Ear, nose or throat surgery A demand for rapid sequence initiation or exigency surgery. Any upset of the cardiovascular, pneumonic, hepatic, nephritic, or GI systems known from history or general scrutiny. Patients with unstable cervical spinal column If the patient at hazard of pneumonic aspiration. Expected hard airway upon appraisal. Morbid Obesity ( organic structure mass index gt ; 35 ) . Study results: will be in the signifier of cannulation clip, laryngoscope clip, success rates, figure of tests, failure rate, air manner injury, hemodynamic response and glottic visual image grads with all picture assisted devices. A-Preoperative appraisal Medical history: History of chronic medical unwellness. Drug history. Anaesthetic history: including old anaesthesia, air passage troubles, and household jobs related to anaesthesias. Physical scrutiny: General scrutiny: Pulse, arterial blood force per unit area, respiratory rate and temperature. Heart, thorax and abdominal scrutiny. Local scrutiny Air manner appraisal for any troubles or any oropharyngeal hurt was noted before surgery Laboratory probes: Complete blood count. Prothrombin clip ( PT ) , INR, partial thrombokinase clip ( PTT ) , shed blooding clip. Electrocardiogram: for patients above 40years old. Anaesthetic appraisal: To except marks of hard cannulation 1 ) Airway Physical Examination ( Signs of expected hard cannulation ) A ) Interincisor distance: Less than 3 centimeter. B ) Visibility of uvula: Not seeable when lingua is protruded with patient in sitting place ( Mallampati category greater than II ) C ) Thyromental distance: Less than three ordinary fingers. D ) Length of cervix: Short. Tocopherol ) Thickness of cervix: Midst. F ) Range of gesture of caput and cervix: Patient can non touch tip of mentum to chest or can non widen cervix. [ 23 ] Demographic informations: The patient ‘s age, sex, ASA position and BMI was recorded B-Methods: Patients were prepared by fasting for at least 6 – 8 hours. Airway devices and anesthesia machine, ventilator, flowmeters and equipments checked were checked preoperatively. After canulation monitoring equipments will be attached to the patient including 5 leads ECG, non-invasive blood force per unit area, pulse oximetry and anaesthetic gas proctor. Initiation of anaesthesia A ; cannulation: Patients were preoxygenated with 100 % Oxygen for 3 proceedingss, No sedation was given to the patients.Then all patients receivedi?s propofol 2-3 mg.kg i.v fentanyl 1.5 A µg.kg i.v cis- atracurium 0.5 mg.kg i.v Devicess: One of the helpers will help the anesthesiologist who will execute the cannulations. A Magill tracheal tubing with 7.5 millimeters internal diameter ( ID ) was used for all efforts. Lubricant was already applied to the tracheal tubing, and a 10 milliliter syringe to barricade the tubing ‘s turnup. The devices used for the survey were: ( 1 ) Standard Macintosh laryngoscope, blade 3 ( gold-standard ; HEINE Optotechnik, Munich, Germany ) . ( 2 ) Glidescope Ranger, Cobalt blade # 3 ( Verathon Inc, Bothell, WA, USA ) . ( 3 ) Airtraq, Size 3 ( Prodol, Madrid, Spain ) . ( 4 ) UE Video Laryngoscope, medium size blade ( China ) A semi-rigid stylet was inserted in the tracheal tubing when intu-bation was performed with Macintosh and UE laryngeaoscope. The GlideRite stiff stylet was used for efforts with GlideScope. As the Airtraq have integrated counsel channels for the tracheal tubing, they were non designed to be used with a stylet and were accordingly used without any extra counsel. IN Group ( 2 ) The patients ‘ lungs will so manually air out for 3 min before a stiff cervical neckband will be applied maintaining the cervix in a impersonal place. This is an established technique for imitating a hard air passage. Tracheal cannulation will so execute with one of the three picture laryngoscopes or mackintoshs laryngoscope, in conformity to the randomized allocation. IN Group ( 1 ) , the same thing as group ( 2 ) without apply the stiff cervical neckband. Parameter will mensurate 1-Laryngoscope clip: Timess from the first contact with the device until accomplishment of a successful position of the glottis. 2-Time to intubation Will be recorded as the clip from interpolation of one of the videolaryngoscope to visual aspect of an end-tidal C dioxide hint on the capnograph. 3,4-Number of tests A ; failure rate: If cannulation is unsuccessful at the first effort, or took longer than 180 s, or if desaturation is note on the pulsation oximeter ( defined as SpO2 lt ; 93 % ) , the cannulation effort will halt and the lungs ventilate with an oxygen-volatile anesthetic mixture for 3 min. A 2nd effort will be allowed with the randomly allocated airway device. If cannulation is unsuccessful after two efforts, the protocol allow for the cervical neckband to be take and the patient ‘s windpipe to be intubated with the anesthesiologist ‘s instrument of pick. 5-Hemodynamics response: ( bosom rate, systolic and diastolic blood force per unit areas ) Will be recorded during the cannulation procedure with readings taken pre-induction, pre-intubation and at 3 and 5 min after cannulation 6-Glottic visual image mark: ( categorization of Cormack and Lehane, as modified by Yentis and Lee ) class I – full position of the glottis ; class IIa – partial position of the glottis ; class IIb – arytaenoids or posterior part of the cords seeable ; class III -only the epiglottis seeable ; class IV – neither epiglottis nor glottis visible. 7- Airway injury: A careful scrutiny of the oropharynx, will be performed after cannulation to find any lip or mucosal injury. The presence of any of the followers will taken to be grounds of mucosal hurt: blood discolorations on the tracheal tubing upon extubation ; seeable lacerations in the oropharynx ; or any hemorrhage noted on the lips or oropharyngeal mucous membrane. 8-Number of optimisation manoeuvres before tracheal cannulation. Each option technique add 1 point: repositioning of the patient, alteration of stuffs ( blade, Endo-tracheal tubing, alteration in stylette form ) , need for ( raising force, laryngeal force per unit area, jaw push ) Statistical Analysis The IBM SPSS Statistics ( version 20 ) will be used for statistical analysis. The sample size of n = 20 participants was calculated to be sufficient to observe a standardised mean difference of ( 1.4 ) in the cannulation clip with a power of 80 % and reversible significance degree of 5 % . All consequences are shown as agencies A ± standard divergence ( SD ) or figure ( % ) .The normal distribution of informations will be tested utilizing the Kolmogorov-Smirnov trial. Student ‘s t-test will be used for statistical significance of the difference in the average cannulation and laryngeal clip between the MAC group and each of the other groups ; Mann-Whitney trial will be used for non-parametric informations. One-way ANOVA will be used for statistical significance of difference in quantitative variables ( e.g. age, BMI, laryngeal A ; cannulation clip and hemodynamic parametric quantities ) between the 4-devices groups. Paired t-test will be used for statistical significance of the average difference in hemodynamic parametric quantities ( in each group ) at pre-induction/pre-intubation clip and each of the other clip points ( 1-min, 3-min amp ; 5-min ) . Categorical variables will be tested for statistical significance utilizing Chi-square trial ; Fischer ‘s exact trial will be used when any expected frequence is less than 1 or 20 % of expected frequences are less than or equal to 5.A How to cite Video Laryngoscopes For Intubations Health And Social Care Essay, Essay examples

Corporate Law Business Dealing Operations

Question: Describe about the Corporate Law for Business Dealing Operations. Answer: Introduction As per the case information, it is apparent that Jack, Jill and Max are successfully engaged in operating a business dealing with sale of trucks for the last 12 months. However, it is imperative that the business structure needs to be formally organized. While there are choices with regards to business structures such as sole proprietorship, trust, company, partnership but the choices with regards to appropriate business structure in the given case is limited to either company or partnership. In order to ensure that the business growth is not hampered and business needs are adequately taken care of, the formal business structure has to be defined by the owners of the business (Latimer, 2005). The potential implications of both partnership and company business structure have been presented below. Partnership In accordance with Section 6, Partnership Act, 1963, any relationship in which two or more people agree to operate a business with the intention of making money is termed as a partnership. The partners tend to have fiduciary duties towards each other as emphasized in Birtchnell v. Equity Trustees (1929) 43 CLR 384. Further, the mutual participation concept forms the basis of any partnership relationship as highlighted in Green v. Beesley (1835) 2 Bing N C 108. Advantages The advantages of the partnership structure are highlighted below (Davenport Parker, 2014) The legal formalities associated with the formation of partnership are minimal and can be completed in a short time. Since there are multiple partners, hence the workload is divided and also the means of raising financing is higher. Besides, knowledge sharing is higher as compared to a sole trader. The sharing of profits and associated liabilities is well defined from the partnership agreement. Disadvantages There is joint liability of partners with regards to actions enacted by individual partners also (Lang v James Morrison Co Ltd (1911) 13 CLR 1 at 11). Interest transfer cannot be unilaterally implemented by a given partner without mutual consent amongst all partners. The partners are personally liable for the liabilities of the business as highlighted in Re Buchanan Co (1876) 4 QSCR 202 case. Company A company structure operates under the aegis of Corporations Act 2001 and may be either limited by shares or guarantee (Pathinayake, 2014). The potential implications of this structure for the shareholders are indicated below. Advantages The company structure has a legal entity of its own which is separate from the owners in accordance with Section 124. The personal liability in case of losses and insolvency is zero for the owners unless personal guarantee has been explicitly extended. Accessing capital markets for incremental funds along with transfer of interest by shareholders is highly facilitated thus providing higher liquidity and exit options. Disadvantages There are legal hassles involved in the setting up of a company which takes cost and time. The reporting requirements on a periodic basis are comparatively greater as compared to a partnership structure. Recommendation Conclusion In the given case, considering that the Jack, Jill and Max are involved in the truck business, it would be advisable for them to opt for the company structure only. This is recommended as the business would potentially require high amount of capital for further expansion which can be easily raised through dilution of equity. The capital needs would be higher as the business is continuing to grow at a fast pace (Harvey, 2009). Additionally, the potential liabilities and losses in the business could be potentially large and hence it is best advised that in order to erase the personal liability of the owners, the company structure must be chosen. Also, it would provide tax benefits in the form of a host of concessions and also the tax rate would be the corporate rate which is beneficial (Lindgren, 2011). 2. Issues On account of Bettys actions, will there be any corporate liability for Child Toys Pty Ltd? With regards to deeds of Charles after retirement, can Child Toys Pty Ltd potentially take any legal course of action? Rule: The liability of employers continues for the acts carried out by the employees during their employment. This is also true in cases when there is no intention on part of employer to indulge in the same as apparent from the verdict of the Amaba Pty Ltd v Booth [2011]. This liability on the end of employer stems from the understanding of the agency law whereby the employees are acting as agents of employers and hence, the liability of the actions of the employees eventually rests on employers as they in the capacity of the principal can potentially alter the conduct and behavior of the agent or employees (Paterson, Robertson Duke, 2015). Further, as represented in the Keramianakis v Regional Publishers Pty Ltd, [2009], employers have a vicarious liability and have to adhere to the accepted doctrine of respondeat superior as per which the responsibility of the employees conduct and actions eventually rests with the employer on account of being the superior party (Lindgren, 2011). Also, Section 5Q of the Civil Liability Act, 2002 states that in the event of work being done by a particular defendant conducting a duty that is delegable, then the negligence tort and potential liabilities would fall on the defendant (Pathinayake, 2014). Also, in Maxwell v Highway Hauliers Pty Ltd, [2014] case, it was ruled that if a contract or sale deed has been enacted owing to misrepresentation by the defendant and the interests of the plaintiff are adversely impacted by the misrepresented information, then the defendant would be held liable for providing compensation to the plaintiff. While restraint of trade agreements are frequently employed, however, in majority cases there are void. This is usually implemented in the form of a restrictive covenant whereby there is a certain cool off period during which the leaving employee cannot compete the employer in the same or similar line of business as he/she may possess confidential information about the business and the same may be used to adversely impact the valid business interests of the employer (Latimer, 2005). In the Aristocrat Technologies Australia Pty Ltd v Allam, [2013],it was advocates that confidential information is present in every business and if the employee makes attempts to exploit the same that too for hurting the legitimate business interests of the ex-employer, then the employee would be acting in bad faith. In such cases, a restrictive covenant would be held enforceable as is evident from the verdict in the Wingfoot Australia Partners Pty Ltd v Kocak, [2013] case. Hence, with regards to enforceability of restrictive covenant, it would be valid and enforceable for protection of business interests provided it is not expansive in scope (Pathinayake, 2014). Application: As per the case details, Betty is an employee of the company i.e. Child Toys since she is acting as a salesperson. She misrepresented material information with regards to the toys on purpose even though she was aware that the claim being made to the customer is false. The misrepresentation was made with the intention of ensuring the execution of contract but in the process, damage has been caused as a child has sustained serious injuries due to the chemicals present in the toy supplied by the company. The company i.e. Child Toys would have to bear the liability on account of Bettys action as the employer is liable for the actions taken by employees. However, it needs to be also ascertained as to why Betty lied as if it was not dictated by the employer, then she has breached her fiduciary duties towards the employer. As per the information provided in the case, it is evident that Charles owing to his senior position had a profound understanding of the requirements of the senior clients and also identifies them well due to frequent dealing. As part of his termination from the firm, a restrictive covenant has been enacted while prohibits him from competing with Child Toys for a period of two years. Despite this, he along with his wife has started a business which directly competes with the previous employer. Moreover, the new company tends to approach the clients of the previous employer for business. Apparently, this is violation of the restrictive covenant and the conduct of the Charles is clearly not in good faith as the information gained due to his position is being abused against the same clients as Child Toys. In this case, there is no denying that indeed restrictive covenant would be enforceable and legal action can be initiated against Charles by the company. Conclusion: Based on the discussion above, the following are the conclusion drawn Child Toy would be liable for the misrepresentation caused by Betty. The restrictive covenant would be enforceable on Charles and hence Child Toys can initiate legal action to safeguard their valid business interests. 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