Colleges essays
Paul Reveres Ride Essay Topics
Thursday, September 3, 2020
Tourists Management Strategies for Gold Coast - myassignmenthelp
Question: Talk about theTourists Management Strategies for Gold Coast. Answer: Presentation The idea of key administration is normally instructed as center conversation for certain phases for the administration of the travel industry. It is critical to comprehend in framing vacationer based administration methodologies the subject of vital administration plays a significant component for the organization (Burgin, 2015). The report will talk about in insight concerning the site investigation of Dreamworld. The report will likewise talk about in insight concerning the issues which the organization confronting as of late with mishaps and passings in the parks. The report will talk about different administration rehearses embraced by the organization. At long last, the report will propose a few proposals for the organization. Foundation of the site The report will examine in insight concerning the Dreaworld which is an amusement park situated in Gold Coast in Queensland, Australia. This amusement park is considered as one of the biggest amusement park with in excess of forty rides just as attractions which additionally contains five exciting ride rides. The recreation center is basically worked with numerous sorts of themed lands like DreamWorks Experiences, Ocean Parade, Gold Rush Country, Wiggles World and Tiger Island and some more (Hundloe et al., 2015). These themed lands have a joint effort dependent on show of creatures, rides, shops of product and food outlets. This amusement park has been noted for being perhaps the best area of the nation and different large excitements shows like Big Brother had been recorded in the studio arranged in this park. The organization additionally extended which offered the ideas like White Water world and numerous different ideas for development. Commonly, the Dreamworld additionally prop ounded keeping the recreation center open after dull also. The occasion is for the most part called as Screamworld which comprise all sort of roller coasters just as particularly determination of youngsters rides. The executives issues The amusement park is confronting number of issues in the ongoing time. Particularly in ongoing time, when four individuals kicked the bucket in Dreamworld, there has been point by point examination in the issue. The modern connection by Queensland serve referenced that security examiners were delegated to start examination at Dreamworld and furthermore investigate Wet n Wild and other amusement parks like Australia Zoo and comparable amusement parks. This is basically identified with sparing the guests for the amusement parks which reestablished the certainty of individuals since it is considered as a prime resource for Queensland and during the bustling season like Christmas the executives turns into a test (Dedekorkut-Howes and Bosman, 2015) simultaneously, there has been a great deal of outrage around the passing of the children since the catastrophe has shaken the group of the children and the individuals. Likewise, there has been a great deal of help directly after the appalled mishap that murdered four individuals at the recreation center. It is significant for the administration that must take responsibility of the occasion and promptly take remedial measures. According to the association, there are numerous operational based issues with the amusement park for over a year directly before the deadly episode. The association has vowed to investigate every possibility in exploring the case. The laborer of the nation said the recreation center has been managing number of issues with number of various occurrences and remember other comparable mishaps for the past. The best thing for the organization to state that there have been difficulties for the association to appropriately raise and redress the approaches for the organization and take it further to where the data is gotten from the maker (Abodeeb et al., 2015). Current administration rehearses on the site The organization is contributing such a significant number of ideas like it has as of late opened its first LEGP store which was ensured as first for the organization with fresh out of the plastic new region directly before the correct openness that exist inside just as outside to the organization or park. This store more likely than not secured a zone of 300 and fifty meters and furnished with perhaps the biggest range in the nation containing the LEGO items and administrations. It additionally portrayed among ten life size models which various things for gatherers and mainstream pick a block divider. The organization is considered as the universe of delight comprising fifty rides just as attractions and it additionally incorporate inside eight sections or topics of various universes. Out of the considerable number of attractions, this organization is considered as the quickest and tallest roller coasters in the nation alongside regions dependent on the companys offering for amuseme nt of individuals of each age (Dizdaroglu and Yigitcanlar, 2016). The organization is likewise a home for the spots like Tiger Island which is additionally considered as one of the biggest intuitive office on the planet. In 1989, the organization was purchased from the first proprietors since there was such an extensive amount money related difficulty, staff or directors were named for Mortgage so as to take legitimate control. There is new program for rebuilding and supervisory group with much endeavors that are figured out how to recapture the consideration for various promoting based capacities or tasks. While working, the organization likewise figured out how to raise guests to stop by fifty one percent which are currently present with just about 2,000,000 consistently. The organization was the piece of the tasks in numerous autonomous amusement parks which was contributed more than forty million dollars on exercises like promoting just as capital all through the recreation center (Waters, 2015). In the year 1995, the organization was offered to Businessman of Singapore and with financial specialists. What's more, the global venture audit board likewise gave last consent to the merger and obtaining. In the underlying year, Mr Kua likewise contributed twenty million dollars alongside extension of the recreation center. A crucial advance taken by the organization depends on forms related with the piece of expansive and progressively exhaustive audits for the arrangement of gathering. The fitness center was likewise reported by the organization which was really considered as a most ideal alternative to build the general investor esteem so as to strip the business and furthermore distribute the money to the most elevated open doors for the center organizations. The companys procedure of combination is presently additionally centered around engaging the client and giving improving encounters which likewise implies that the group can has given a ton of need to extension to the busi ness on universal stage like in USA and furthermore exploited any sort of potential speculation choice is distinctive Theme stops and Bowling related organizations (Waters, 2015). Proposal for maintainable administration The idea of things to come of the travel industry hopes to perceive, break down and test all conceivable future development and with future exploration using such huge numbers of forecast instruments depends on creating essentialness in such a large number of parts additionally including the travel industry, travel and accommodation while giving a base to dynamic. Likewise, the World Tourism Organization was acknowledged officially by the UN explicitly association and furthermore appreciate a similar kind rights with commitment with UNESCO and the worldwide work foundation and the World Health Organization with specific establishment, the travel industry in worldwide legislative issues with ID of government worldwide with an imperative job on the planet economy (Waters, 2015). The administration of Australian approach one must see that the future possibilities of improvement and the development is still ruling. A national arrangement of the travel industry was shaped to give since qu ite a while ago run techniques to an incorporated development of the business. Simultaneously, development in the travel industry is related with expanding the financial turn of events yet additionally dependent on building up the differed the travel industry advancement mode. This is considered as the monetary improvement just as related with natural assurance (McLennan et al., 2015). Following are a portion of the significant proposal for the Dreamworld: - Remedial measures ought to be taken: the consideration of culture and condition is one of the Dreamworld high needs with key practical interests and purpose of perspectives. The organization must attempt to achieve a privilege or reasonable parity that exists among development and protection. The organization likewise attempts to make the assurance with preservation of condition which is an incorporating some portion of the way of thinking of the organization alongside the current business strategy. The security of condition wellbeing board of trustees of Dreamworld that aid appropriately keeping up a responsible methodology or guideline for the common and condition assets with right waste administration just as conservation of the current vegetation (Scott et al., 2014). Protection of power: there are numerous compelling and preservation based improvement remedial measure that were executed with supplanting metal halide light with LED power at Skyway Pylon by vitality sparing by ninety two percent. There is supplanting of totally responding with blower with so unique blower for appropriately getting maturing chiller which additionally spares vitality dependent on thirty or thirty five percent. The executives of waste: there are a few rules which are a standard for the administration of waste which is booked and strong waste. The procedure additionally ensures that the squanders are appropriately perceived, handles, shipped and furthermore arranged in accordance with the approach of condition (ORegan and Ward, 2014). The organization should follow 3 R approaches like decrease, reuse and reuse procedure which is ideal inspired and furthermore supported among the workforce. Preservation of diesel: in this way to rise the exhausting of common assets just as air contamination with all sort of siphon house with diesel motors that have been convenient supplanted with so engines for electrical in this way, it is critical to lessen the utilization of diesel. Setting: diverse delight rides that have existed on the planet for such a significant number of years. The abrupt improvement in event congregations wi
Tuesday, August 25, 2020
Zebulon Pike and His Expeditions to the West
Zebulon Pike and His Expeditions toward the West The officer and pioneer Zebulon Pike is associated with two campaigns he prompted investigate an area obtained by the United States in the Louisiana Purchase. It is regularly expected he ascended Pikes Peak, the Colorado mountain named for him. He didn't arrive at the pinnacles culmination, however he explored in its region on one of his endeavors. Somehow or another, Pikes western journeys are second just to Lewis and Clark. However his endeavors have consistently been dominated by pestering inquiries concerning the inspirations for his excursions. What was he attempting to achieve by trekking around in the already unexplored West? Is it safe to say that he was a covert agent? Did he have mystery requests to incite a war with Spain? Is it true that he was just a daring Army official looking for experience while filling in the guide? Or then again would he say he was really goal on attempting to extend the restrictions of his countries limits? Strategic Explore Western Territories Zebulon Pike was conceived in New Jersey on January 5, 1779, the child of an official in the U.S. Armed force. At the point when he was a young person Zebulon Pike entered the military as a cadet, and when he was 20 years of age he was given an officials commission as a lieutenant. Pike was posted at a few stations on the western wilderness. What's more, in 1805 the leader of the U.S. Armed force, General James Wilkinson, gave Pike the task of voyaging northward up the Mississippi River from St. Louis to discover the waterways source. It would later be uncovered that General Wilkinson held questionable loyalties. Wilkinson was instructing the U.S. Armed force. However he was likewise subtly getting installments from Spain, which at the time had immense possessions along the southwest outskirts. The main endeavor on which Wilkinson dispatched Pike, to discover the wellspring of the Mississippi River in 1805, may have had a ulterior thought process. It is suspected that Wilkinson may have been wanting to incite a contention with Britain, which at the time controlled Canada. Pikes First Western Expedition Pike, driving a gathering of 20 fighters, left St. Louis in August 1805. He went into present-day Minnesota, spending a winter among the Sioux. Pike masterminded a bargain with the Sioux and mapped a great part of the area. At the point when winter showed up, he squeezed forward with a couple of men and established that Lake Leech was the wellspring of the extraordinary waterway. He wasn't right, Lake Itasca is the genuine wellspring of the Mississippi. There were doubts that Wilkinson didnt truly care what the genuine wellspring of the waterway was, as his genuine intrigue was to sent a test northward to perceive how the British would respond. After Pike came back to St. Louis in 1806, General Wilkinson had another task for him. Pikes Second Western Expedition The subsequent campaign drove by Zebulon Pike stays confusing after over two centuries. Pike was sent westbound, again by General Wilkinson, and the motivation behind the endeavor stays strange. The apparent explanation Wilkinson sent Pike into the West was to investigate the wellsprings of the Red River and the Arkansas River. Furthermore, as the United States had as of late obtained the Louisiana Purchase from France, Pike was evidently expected to investigate and give an account of the grounds in the southwestern part of the buy. Pike started his crucial procuring supplies in St. Louis, and expression of his up and coming undertaking spilled out. A unit of Spanish soldiers was relegated to shadow Pike as he moved westbound, and maybe even prevent him from voyaging. Subsequent to leaving St. Louis on July 15, 1806, with Spanish rangers clearly shadowing him from a separation, Pike headed out to the zone of present-day Pueblo, Colorado. He attempted and neglected to ascend the mountain that would later be named for him, Pikes Peak. Zebulon Pike Headed for Spanish Territory Pike, in the wake of investigating in the mountains, turned southward and drove his men toward Spanish region. A unit of Spanish soldiers discovered Pike and his men living in a rough post they had worked of cottonwood trees on the banks of the Rio Grande. When tested by the Spanish troopers, Pike clarified that he accepted he was exploring nature along the Red River, inside region having a place with the United States. The Spanish guaranteed him he was on the Rio Grande. Pike brought down the American banner flying over the stronghold. By then, the Spanish welcomed Pike to go with them to Mexico, and Pike and his men were accompanied to Santa Fe. Pike was addressed by the Spanish. He kept up with his account that he accepted he had been investigating inside An american area. Pike was dealt with well by the Spanish, who moved him and his men ahead to Chihuahua and in the long run discharged them to come back to the United States. In the late spring of 1807, the Spanish accompanied him to Louisiana, where he was discharged, securely back on American soil. Zebulon Pike Returned to American Under a Cloud of Suspicion When Zebulon Pike came back to the United States, things had changed significantly. A supposed plot formulated by Aaron Burr to hold onto American domain and set up a different country in the Southwest had been revealed. Burr, the previous VP, and enemy of Alexander Hamilton had been accused of treachery. Additionally involved in the supposed plot was General James Wilkinson, the man who had sent Zebulon Pike on his campaigns. To general society and numerous in the administration, it created the impression that Pike may have assumed someâ shadowy job in the Burr trick. Was Pike actually a government operative for Wilkinson and Burr? Is it accurate to say that he was attempting to incite the Spanish here and there? Or then again would he say he was subtly helping out the Spanish in some plot against his own nation? Rather than returning as a chivalrous pioneer, Pike had to demonstrate his innocence. After he announced his honesty, government authorities reasoned that Pike had acted faithfully. He continued his military vocation and even composed a book dependent on his investigations. Concerning Aaron Burr, he was accused of treachery yet cleared at a path at which General Wilkinson affirmed. Zebulon Pike Became a War Hero Zebulon Pike was elevated to study 1808. With the episode of the War of 1812, Pike was elevated to general. General Zebulon Pike told American soldiers assaulting York (presently Toronto), Canada in the spring of 1813. Pike was driving the ambush on the intensely protected town and the pulling back British exploded a powder magazine during their retreat. Pike was struck by a bit of stone which crushed his spirit. He was conveyed to an American boat, where he passed on April 27, 1813. His soldiers had prevailing with regards to catching the town, and a caught British banner was set under his head not long before he passed on. The Legacy of Zebulon Pike Thinking about his brave activities in the War of 1812, Zebulon Pike was recognized as a military legend. What's more, during the 1850s pioneers and miners in Colorado started calling the mountain he experienced Pikes Peak, a name which stuck. However the inquiries concerning his undertakings despite everything remain. There are various hypotheses regarding why Pike was sent into the West, and whether his investigations were truly missions of secret activities.
Saturday, August 22, 2020
The Great Gatsby, a novel of the past Free Essays
The Great Gatsby by F. Scott Fitzgerald is a novel written previously. The characters pursue dreams of things to come that are dictated by their past, which drives them to disaster. We will compose a custom article test on The Great Gatsby, a novel of the past or on the other hand any comparable point just for you Request Now The hero, Jay Gatsby, has committed as long as he can remember to recovering the ideal past with his perfect partner, Daisy. Despite the fact that he accepts that reproducing the past is his lifeââ¬â¢s objective, this leaves an appalling, deplorable, and tragic completion of the novel. At the point when Nick Carraway, the storyteller, discloses to Gatsby that you canââ¬â¢t rehash the past, Gatsby answers, ââ¬Å"Why obviously you can! â⬠this is on the grounds that when he has a month of fun love with Daisy, he imagines that that can rival the years and encounters she has imparted to Tom, which was refuted when she concedes she is likewise still has affections for Tom. The impact of the shout mark shows the enthusiastic upheaval he has and misrepresents his fervor to win back Daisy, as it is his variant of the American Dream. Gatsbys chateau is a physical image of his adoration for Daisy, he is sure that cash can reproduce his history with her. Gatsby utilizes his ââ¬Å"new moneyââ¬â¢ to make a home that he thought equalled places of ââ¬Å"old moneyââ¬â¢, which is unexpected as the isolation between social orders is the thing that had removed her from him initially. The tale is told in a straight manner yet not in sequential request, it remembers numerous flashbacks and minutes for time. Despite the fact that there is an absence of confidence whether the storyteller is dependable or reliable, it includes authenticity as the readerââ¬â¢s life is additionally not in sequential request. The explanation behind this is on the grounds that Fitzgerald utilizes an impressionistic arrative procedure, where Nick attempts to comprehend the occasions in the story and remarks on them, which reflects a similar way we do as perusers. He centers around the past as he has in dread of things to come without Gatsby. There are indications and allegations that Nick is gay and in adoration with him. Greg Olear, in an article on The Weeklings, features that his depiction of Jordan Baker in Chapter One ââ¬Å"could be a portrayal of a manâ⬠and ââ¬Å"the word ââ¬Ësmall breastedââ¬â¢ which de-underlines the golferââ¬â¢s female traits. This could clarify why he focuses on the past and romanticizes it. Innovation assumes a major job in the novel in closure tremendous chances and prospects, particularly with Tomââ¬â¢s marriage and relationship. The strain made in the novel when his home telephone rings is immense as despite the fact that we are not told who is calling, the peruser realizes it is Tomââ¬â¢s darling. This might be the explanation that Daisy feels obliged to take part in an extramarital entanglements as she is opposing Tom. Another case of innovation is Gatsbys yellow vehicle which slaughters Myrtle. The depiction of her demise is xtremely striking to make a picture in the readerââ¬â¢s cerebrum, ââ¬Å"her left bosom was swinging free like a fold. â⬠The importance of the image of her ââ¬Å"left breastâ⬠is womanliness and parenthood. It is being ripped off her body as she kicks the bucket; deciphering that her womanliness prompted her demise or that it had been detracted from her on account of her lower class birth. The Lost Generation includes a gathering of essayists, including Fitzgerald, who during the First World War and the Great Depression moved to France, Paris, for its economical average cost for basic items. https://donemyessay.com/the-incredible gatsby-novel-questions/ The most effective method to refer to The Great Gatsby, a novel of the past, Papers
power struggles in society essays
power battles in the public arena papers Factories, Schudson, and Gitlin demonstrate various ways to deal with society and the job of broad communications. Each approach outlines an alternate spotlight on society. They each hold exceptional pertinence in a conversation of the historical backdrop of cultural convictions. The Mass Society alludes to the general conviction C. Wright Mills held corresponding to the sort of society he accepted we live in. Factories started The Power Elite with a strong proclamation saying, The forces of conventional men are outlined by the regular words in which they live, yet even in these rounds of employment, family, and neighborhood they frequently appear to be driven by powers they can neither comprehend nor oversee (Mills, 1956, p.3). This initial sentence depicts the disposition and convictions of the whole book. A power world class exists in a general public that is comprised of three circles. They are partitioned into economy, political, and military, with a similar gathering of individuals exchanging between the three. This huge gathering of first class is at the top settling on all the choices, while the majority are at the base, uninformed of the procedure that molds popular assessment. Masses inside this perspective on society are insignificant and don't hav e any kind of impact. The media capacities as a diversion source, keeping the majority engaged while the first class is dealing with all the significant issues. It helps keep the truth and truth of the world darkened from the majority. Plants clarified what the media accomplishes for the majority as they occupy him and cloud his opportunity to get himself or his reality, by attaching his consideration upon counterfeit furors that are spun inside the program structure, typically by vicious activity or by what is called humor (Mills, p.315). This lights up how the broad communications guides, attempts to control, and controls the majority. Plants depicts the impact of broad communications as a kind of mental absence of education to the degree that we frequently don't accept what we see before us until we read stomach muscle... <!
Friday, August 21, 2020
The Correlation Between Multiple Personality Disorder and Child Abuse :: Child Abuse Essays
Away from plain view: The Correlation Between Multiple Personality Disorder and Kid Abuse "Each day that we imagined, we supplanted reality with untruths, or dreams, or on the other hand irate plans, looking for dignityâ⬠¦ until our falsehoods got greater than reality, what's more, we had nobody genuine to be" From "For Children Who Were Broken" by Elia Wise Have you at any point needed to be another person? From the beginning of time the possibility of not being simply us has fascinated everybody from Dr. Jekyll to Mr. Hyde. Be that as it may, envision having no power over what your identity is. Envision having 30 individuals within you, and all of them needing to be in charge. This is the situation with Multiple Character Disorder, and it impacts a great many individuals in the United States alone. Yet, for what reason does MPD interest us? It has frequently been found very intriguing. Films, books, and even television shows have been made attempting to appear the brutal truth of the turmoil, yet how truly are we expected to take Truddi Chase and the "Troops" when they are on The Oprah Show? How stressed are we for Sybil when we recollect Sally Field as Gidget? As inauspicious as this issue is we regularly don't understand the seriousness except if we hear it from "the voices." Utilizing the psychoanalytical methodology, I will show how past oppressive encounters have driven some to MPD. Refering to contextual analyses from such books as When Rabbit Yells, The Truddi Chase Story, Sybil, and Jennifer and Herselves the connection among MPD and misuse will be made. There are more similitudes to these models than just MPD, all were headed to MPD because of extreme physical, ual, or on the other hand psychological mistreatment from a parental figure. Likewise, every one of these investigations show the cause and impacts this issue has on . Most MPD victims are , in reality female MPD victims dwarf men by a proportion of nine to one (Hales, 1993). This might be genuine on the grounds that will keep their sentiments of threatening vibe toward others to themselves, while men would be bound to lash out in irregular demonstrations of . For example, Anna doesn't need to accept that she is getting beaten, so she accepts on the off chance that she becomes another person, it isn't generally her that is taking the maltreatment. Be that as it may, it is just a short time before the maltreatment increments or takes another structure. The impact mixes, one greater character creates, etc until "the voices" have expended Anna and left her messed up, with each aspect of her character now being a free psyche. With insights demonstrating that some type of misuse happens to upwards of one out of
Tuesday, August 4, 2020
How to Manage the Stress of Social Comparison
How to Manage the Stress of Social Comparison Stress Management Relationship Stress Print How to Manage the Stress of Social Media Social Comparison Give Yourself a Break From Stressful Social Comparisons! By Elizabeth Scott, MS twitter Elizabeth Scott, MS, is a wellness coach specializing in stress management and quality of life, and the author of 8 Keys to Stress Management. Learn about our editorial policy Elizabeth Scott, MS Updated on May 28, 2019 Kevin Kozicki/ Getty Images More in Stress Management Relationship Stress Effects on Health Management Techniques Situational Stress Job Stress Household Stress A very telling study found that women report involvement with the social media site Pinterest as being stressful. The key stressor here is the social comparison that they find themselves engaging in. There are so many amazing projects to do, crafts to make, and ways to look at life, women find themselves feeling lacking. As one friend recently put it, Its the Martha Stewart Living of social media sites! Some people find Pinterest to be so engaging that it can eat up hours in their day that they had not planned to devote to social media, making a busy schedule much busier. However, the main stressor with Pinterest is people feeling that they do not measure up. Another trend that can be stressful for people is the phenomenon of people posting about their peak moments on social media sites like Facebook, but leaving off the negative events and drudgeryâ"a somewhat common phenomenon that has been termed by one clever blogger as, Facebooking. It is natural for us to want to share our best moments with others, just as it is natural to avoid airing our dirty laundry or Garfielding (simply complaining about everything inconvenient in life, including Mondays) for fear of chasing off our friends. Time on social media lead to stress when people compare the exciting and blissful events they see in their Facebook feed (the highest moments in their friends lives) with their own stressors (the lowest moments in their own lives). Social comparison is nothing newâ"it wasnt invented by social media, to be sure. However, situations like social media sites bring it into high relief. How can we enjoy the benefits of social mediaâ"the bonding, the humor, the sharing of newsâ"but avoid the stressors that come with social media social comparison and Fakebooking? Here are a few ideas: Remind Yourself That This Isnt Real Intellectually, we know that many people share their best moments on social media and keep their worst moments to themselves, but when all we see are the best of others, we can forget. It may help to remind yourself of this often. Talk to Your Friends It may also help to talk to your friends and be authentic; you may not want to post your personal challenges on social media for the world to see, but you can certainly talk to your friends in private and share your triumphs and your challenges. You can help each other this way. (And if most of your friends are competitive enough that they would rather share only their triumphs, find new friends who will share their challenges as well, and support you in yours.) Reframe Your View The technique of cognitive reframing can be quite helpful with stress. It can work well with sites like Pinterest as well. Rather than looking at the beautiful crafting ideas, clothing patterns, or workout plans on Pinterest as something you should be doing, view these pins as inspiration, or ideas for when life slows down. If you can get inspired by what you see, this can be a fun diversion; if you feel inadequate when you look at certain pins, either change your perspective or stop looking at those types of pins. (Here are some more tips on how to reframe your stress.) Take a Step Back If you find the stress of social media comes from the sheer time you spend using it, or the importance you place on it, it might be time to take a break (either cut down on your screen time for a while or take a few days off) and plug back into your life.
Monday, June 22, 2020
Research And Describe Law Regarding Status Of Bankrupts In Kenya - 14300 Words
Research And Describe Law Regarding Status Of Bankrupts In Kenya (Research Paper Sample) Content: Basically any person capable of entering into a contract may be adjudged bankrupt. The law of Bankruptcy applies to the following categories; 1 Aliens and Persons domiciled abroad;These are subjected to bankruptcy proceedings as per Section 6(1) of the Act that is consideration is made that; if within a year before the date of presentation of the petition the debtor ordinarily resides or had a dwelling place or business entity, or carried out business by means of partners or agent. 2 Infants;Infants generally are not capable of incurring debts or contracting with exception being made to contracts for necessaries. However if an infant fraudulently contracts a debt during his infancy, he will be liable for the debt and the creditor may claim bankruptcy on his acquiring the majority age. This is per the Relief Acts of England 1874 which is a General statute of application in Kenya. 3 Insane Persons;As a general rule persons of unsound mind cannot be adjudicated bankrupt without the Courts consent. However they can be subject to bankruptcy proceedings as stipulated under the Bankruptcy rules if they committed the act of bankruptcies in their lucid moments.[Bankruptcy Rules Rule 247.] 4 Married Women;In accordance with Section 117 of the Bankruptcy Act, every married women may be subject to the law relating Bankruptcy as if she were feme sole that is as if she were single or unmarried. This implies that the Bankruptcy law has accorded women equal status in commercial transactions such that one will be held liable for ones debt individually the law has progressed from the days of inequality to equality where women are given capacity 5 Companies/ Corporations;Bankruptcy proceedings under the Bankruptcy Act are not applicable to companies/ corporations since this is dealt with liquidation and winding up provisions under the Companies Act, Chapter 486, Laws of Kenya. This also means that bankruptcy is mainly in regard to individuals; a company cannot be bankrupt but can be insolvent. Further as stipulated under Section 118 of the Bankruptcy Act a receiving order shall not be made against any corporation or against any association or company registered under the Companies Act. 6 Partnerships;Generally partnerships are subject to Bankruptcy laws regardless of their being general partnerships or limited partnerships, notably this is subject to any provisions or modifications that may be stipulated as per the Bankruptcy rules. Additionally section 122 of the Act accords equal treatment to limited partnerships as if they were ordinary partnerships and all partners are generally liable. Upon being adjudged bankrupt the assets of a limited liability partnership shall vest in a trustee.[Supra no1, section 119.] 7 Deceased persons;The estate of the deceases can be administered in accordance with bankruptcy rules that will enable the proceedings to be commenced as though the debtor were not deceased. A petition may be presented upon one s death by the personal representative to obtain an administrative order. 1 ACTS OF BANKRUPTCYThe committal of act(s) of bankruptcy is what gives a creditor the locus standi to lodge a bankruptcy petition against the debtor. What amounts to an act of bankruptcy is provided for under Section 3(1) that illustrates circumstances in which a debtor commits an act of bankruptcy. The Acts include: First, If in Kenya or elsewhere he makes a conveyance or assignment of his property to a trustee or trustees for the benefit of his creditors generally. This implies that shifting the burden of payment to the trustee as a receiver may have no control over the discharge of the debt. Secondly only creditors identified by the trustee may benefit therefore unidentified creditors whose payment may be excluded may bring this action illustrated in Re Spackman, the court held that the assignment must be for the benefit of all creditors generally and not just a class.[(1890) 24 QBD 128] Second, if in Kenya or elsewhere he makes a fraudulent conveyance, gift, delivery or transfer of his property, or of any part thereof. A conveyance is fraudulent if it confers on one creditor an advantage he would not have had under the bankruptcy laws which tends to defeat or delay creditors irrespective of whether the debtor had a dishonest intention, the conveyance need not be for the benefit any creditor or be part of the whole of the debtors property.Third, if in Kenya or elsewhere he makes any conveyance or transfer of property, or part thereof, or creates any charge thereon, this would be considered void as a fraudulent preference if he were adjudged bankrupt. Under section 49 of the Act every conveyance, transfer of property or charge or any proceedings suffered by one who is unable to pay his debt as it becomes due from his money in favour of any creditor with a view of giving such a creditor guarantor for the debt due to such a creditor creating a preference over other creditors will be void.Fourth, if he intends to defeat or delay his creditors he; departs out of Kenya, being out of Kenya remains out of Kenya, or departs from his dwelling house, or absents himself, begins to keep house which implies hiding from ones creditors to evade payment ones debt. In order to establish the act of bankruptcy the creditor ought to prove that the debtor had an intention to defeat or delay the discharge of the debt to the creditors. The intent could be presumed if the debtor acts in a manner that will delay or defeat the benefit of the creditors as illustrated in Re Cohen[(1950) 2 All ER 36] Fifth, if execution against him has been issued by seizure of his goods in any civil proceeding in court, and these goods have either been sold or held by a bailiff for twenty(21) days. This constitutes an act of bankruptcy if the goods are sold by the Bailiff or returned by them for 21 days including the day of seizure.Sixth, if he files in court a declaration of his inability to pay his debts or presents a bankruptcy petition against him. As under Rules 98, a formal declaration by the debtor that he is unable to pay his debts constitutes an act of bankruptcy upon delivery of the document to the proper official of court, a declaration of inability to pay debt is required to be in Form No, 2 of the Bankruptcy Rules while a debtors petition is required to be in Form No.3 of the Rules.Seven, if a creditor has obtained a final decree or final order against him for any amount and execution therein not having been stayed, has served on him in Kenya by leave of court a bankruptcy notice in accordance with the Bankruptcy Act does not within seven (7) days of notice comply with the requirements of the notice or satisfy the court that he has a counterclaim or setoff or cross demand.[Hanif Kassamali Hirji Another V PBM Nominees Limited [2014]eKLR] Eighth, if he gives notice to any of his creditors that he has suspended, or that he is about to suspend payment of his debts. Th e case of Crook V Morleyillustrates that where a debtor made a verbal statement to the managing clerk of the solicitors acting on behalf of the creditors that he was unable to pay his debts, a presumption that he had a view to propose a composition to have a scheme of arrangement.[[1891] A.C 316] 2 PROCEDURE OF ADJUDICATION IN BANKRUPTCY 1 BANKRUPTCY NOTICEThis Notice is issued by the High Court before a creditor files a petition in court against the debtor. It must be served on the debtor and it requires the debtor to pay the amount of the judgment debt. Alternatively, the Notice may require the debtor to provide a satisfactory security of the debt within a specified period. In Kipkalia Kiprono Kones V Diamond Trust Bank Kenya Limited the High Court upheld a preliminary objection raised by the debtor that act of bankruptcy was invalid for the petitioner had not the Bankruptcy Notice and filed the petition within 3 months as stipulated in the Act. As per section 4 of the Act, a ba nkruptcy notice must be in the prescribed form and must state the consequences of non-compliance. The prescribed form of the notice is Form No. 5 under the Bankruptcy rules. The notice requires the debtor to pay the debt within seven day if the notice is served within Kenya. A debtor who fails to comply with the bankruptcy notice commits an act of bankruptcy.[Section 4 of the Bankruptcy Act, CAP 53, Laws of Kenya] [[2006] eKLR] [Section 3(1)(g) of the Bankruptcy Act, CAP 53, Laws of Kenya] 3 COMMENCEMENT OF BANKRUPTCY PROCEEDINGSBankruptcy proceedings are commenced by way of a bankruptcy petition to the High Court by the debtor himself or a creditor. The main object of the petition is to request the court to make a receiving for the protection of the debtors estate. Once a petition has been has been presented, it cannot be withdrawn without leave of court.[Sections 7(7) and 8(2) of the Bankruptcy Act, CAP 53, Laws of Kenya] 2 DEBTORS PETITIONA debtor can take out a petition allegi ng that he is unable to pay his debts. The presentation thereof constitutes an act of bankruptcy. As per rule 106, the debtor must insert in the petition his name, description and address. Further, the petition must be attested to in accordance with rule 107. A statement of affairs must be filed with the petition. Under s.16 the debtor must prepare and submit to the official receiver a statement of affairs not more than 3 days before the date presenting the petition. The statement of affairs must be made in the prescribed form and verified by an affidavit. It must show the particulars of the debtors assets; the names, residences and occupation of his creditors and the securities held by them; and the dates when the securities were given. The court will not grant a receiving order if the debtor fails to submi...
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