Problem question Essay Example | Topics and Well Written Essays - 3000 words

Issue question - Essay Example The article begins by characterizing criminal law just as clarifying the variables that comprise a wrongdoing of such size. The body of the paper will create through distinguishing proof of explicit wrongdoings corresponding to the given situation including Ahmed and Blanche in an offer to build up if there is any criminal risk. As indicated by the online HG.org overall indexes (http://www.hg.org/crime.html), â€Å"criminal law which is frequently called correctional law, includes arraignment by the administration of an individual for a demonstration that has been delegated a crime.† On the other hand, a wrongdoing is additionally characterized as, â€Å"any act or (commission of a demonstration) infringing upon an open law disallowing it.† Thus, criminal law shapes some portion of open law. Each resident of a state has certain obligations towards the state and in light of a legitimate concern for the general public in general, the state recommends certain standards of lead that dilemma all individuals from the state whereupon it has a ward to rebuff an individual who violates against these (Kleyn and Viljoen 2002). Along these lines, the people who perpetrate wrongdoing can be arraigned in a criminal court and rebuffed whenever saw as liable. The discipline will be controlled by the degree of wrongdoing against the blamed once sentenced for a wrongdoing. It must be demonstrated past any sensible uncertainty that someone has carried out a wrongdoing and a few realities have been perceived as violations for a long time and these for the most part exuded from custom-based law and they incorporate however are not constrained to the accompanying: murder, theft, shoplifting, assault, attack, fire related crime just as pay off among others (Anderson, Dodd and Roos 2003). Where there has been a commission of violations of such size, it is the state versus the blamed whereby the state will start the indictment whereby discipline will be affected once an i ndividual has been sentenced for a wrongdoing. 1 The point is to forestall further event of comparable violations, rebuff the wrongdoer, restore and change the guilty party just as to secure the interests of the general public. Criminal law is regularly considered as the best strategy that can be utilized to battle certain illegitimate demonstrations of lead as per the Stanford Encyclopedia of Philosophy. It is along these lines seen as a viable method of managing certain behaviors which are esteemed unjust and damage the endorsed standards in the public eye. In the given case including Ahmed, the realities are: Ahmed, a diabetic, has left his better half, Blanche, and his child, Calum, for Diva who has brought forth his little girl, Elaine yet for a long time Blanche who has endured at Ahmed’s embarrassing and fierce treatment. It is after Blanche sets land the level where Diva and Elaine are murdered and Ahmed is suffering from extreme melancholy, neglects to take his insul in and, before the police capture Blanche, takes his weapon and comes back to the previous marital home. Surely, when Blanche opens the entryway, Ahmed fires at her yet misses and executes Calum. In such manner, it very well may be noticed that particular violations are culpable in light of the fact that they undermine the interests of the people and society overall. It is the obligation of the state to guarantee that these interests are secured. There are explicitly four distinct gatherings of wrongdoing that can be distinguished as criminal and these incorporate violations against: someone else, against network mores, against the enthusiasm of the state and against another person’s property. (Kleyn and Viljoen 2002). The most genuine wrongdoing against another’

Narrative Essay on a Memorable Incident

Story Essay on a Memorable Incident There are those frequencies that occur in life that are so important they keep on waiting in one’s psyche; be that as it may, such occasions for the most part leave a changeless imprint in the lives of people and offer exercises that can't be eradicated by some other involvement with life. My memory occasion occurred quite a while prior when, because of my interest, I chose to go with my granddad to the medical clinic. Because of his mature age, my granddad had started encountering serious issues with his left eye. He had visited the emergency clinic on numerous events to look for treatment yet his condition was not beating that. At long last, his PCP disclosed to him the main cure left was to go for an eye activity as a method of attempting to address the variation from the norm with his eye. Since it was an end of the week and I didn't have any classes that day and didn't have some other commitments, I figured it would be a smart thought to go with my granddad to the emergen cy clinic as opposed to remain at home and be exhausted. The tight relationship that had created between my granddad and me additionally made it exceptionally simple for me to go with him, in spite of the dread I had of activities and medical clinics all in all. My uncle drove us to the clinic; 30 minutes in the wake of showing up at the emergency clinic and guaranteeing that my granddad had checked in, my uncle left for a dedication he needed to deal with. Fortunately, there were a few supportive medical attendants accessible to offer any help that my granddad required and the specialists were agreeable. The medical attendants detected the significant level of apprehension that both my granddad and I were feeling and conversed with us so pleasantly that we wound up unwinding and seeing the activity as something typical and nothing to stress a lot over. It was not some time before both my granddad and I felt loose and prepared for the activity, as we overlooked the high level of apprehension we had felt only a couple of seconds sooner. I have consistently had this dread of specialists and infusions, so even as I loose, musings of the approaching activity couldn't get away from my brain, since I realized the activity would be more genuine tha n the infusions that I dreaded to such an extent. Curiously, the entire activity kept going just an hour and my granddad was rolled out of the activity with a gauze on the worked eye, yet he was cognizant and in exceptionally cheerful moods. I can't overlook the expression on my grandfather’s face and the sentiment of alleviation he communicated, realizing that the issue with his eye was at long last finished. At that exact instant, my dread of specialists evaporated and I started valuing the significant job that specialists play in regular daily existence. That is the second I concluded that I needed to be a specialist and, as of now, I am seeking after a course in medication. Tips on Writing a Narrative Essay: Recollect that the occasions in your paper must be situated in sequential request. Else, it will be hard for the perusers to follow your story. Notwithstanding that, it is better if your story has a reason. Some of the time, basic retelling of specific occasions isn't sufficient in any event, for secondary school. In the event that you are searching for the best spot to get custom papers from scholastic specialists, CustomWritings.com can be a decent answer for you!

Artificial Intelligence Ethical Dilemma

Question: Talk about the Artificial Intelligencefor Ethical Dilemma. Answer: Presentation The ethics of mechanized thinking and AI are the principle parts of morals in new advances, especially, in apply autonomy, self-ruling vehicles and in other misleadingly keen frameworks. It is regularly separated into apply autonomy, the significant worry with the moral lead of individuals is that regarding how they design, construct, use and treat a misleadingly shrewd framework. This investigation is done to comprehend the moral quandary looked by an AI specialist of the firm of electric vehicles. This examination incorporates a few qualities just as moral choices and ways to deal with settle the moral quandary. The ACS code of morals are talked about in this examination to defeat the issues in a moral difficulty. Moral Analysis Moral Dilemma The electric vehicle association dont have the ability to effectively shield themselves from open harms from advancements, and furthermore, they are likewise unfit to urge the customers to purchase their automobiles. As a matter of fact, John feels that the talk should be there in a general way required for all independently directed administrators inside the firm and it is basic to give them a possibility and settle on them allowed to settle on decisions for the two customers and the association. The association for which John works is adequately building up every year. The good or moral trouble here is that, Can electric cars easily learnempathy? Could electric carseffectively rehearse different moral decisions? Will an association give electric automobiles an all out perception of a risk? John, an AI authority unequivocally feels that the electric auto association's things should not to be discharged until the depiction and showing of automobiles have been appropriately executed, as the lives of customers and people might be at high danger. John has endeavored to teach about each such peril to the CEO of the association. John, in like manner, feels that the association will be not able to fulfill its objectives just as be wonderful in an algorithmic significant nature of the AI. Simulated intelligence Consultant Consequences A moral reaction to the moral predicament which the AI expert of the vehicle organization John is confronting is that there is a need of improvement of coordinations, making out of electric vehicles, controlling of an examination which gives interpretations to a clever electric vehicles structure to change the lives of the vehicle purchasers. Different endeavors are required to defeat the issues of the contention. Therefore, the AI advisor needs to set up the frameworks which are increasingly fit for the clients and furthermore for the organization. Accordingly, the individuals who have assets in the AI, incited organization and will have the option to get a lot of cash-flow. Or maybe, self-administering vehicles are chosen various decisions, for example, speed, atmosphere, states of street and other data gathered from a combination of sensors, including cameras and radars. The self-governing auto will register a course of action concerning how rapidly it is going what's more with th e speed of the vehicle. The standard test is to set up the essential data which is sufficient to avoid the dangerous conditions regardless. Vehicle Customers Consequences Due to this ethical circumstance in the electric vehicle firm, the AI master has developed the most gainful electric automobiles to diminish the mishaps and for saving the lives of the individuals. Extraordinary inconsistency of items over the misconduct. Issues just as issues with the utilitarianism. Simulated intelligence Consultant Duties Simulated intelligence expert needs to arrange a gathering just as call up the CEO and some staff individuals, for example, venture pioneers, designers, directors and talk about the whole quandary with them so as to stay away from the future disarrays. At the point when each and every disarray identified with the displaying venture is appropriately characterized, at that point the AI advisor must relegate various assignments to various staff individuals and to each worker according to their claim to fame and capacity. The AI specialist must appoint the precise timespan to finish the specific assignment, so the task ought to be finished on schedule and help association to accomplish the future advantages. The AI advisor, John need to support their representatives, group pioneer, just as venture director to expand their proficiency and functionality. The AI expert additionally need to part his work moves with the goal that work will without a doubt be proceeded until the entire underta king isn't finished. Reaction of the Caring Person Regularly the center morals endeavors to keep up the associations by contextualizing and propelling the thriving of parental figures just as care-recipients in an arrangement of social relations (Nordenstam, 2013). Normally portrayed as a training or perfect rather than a speculation, care incorporates the keeping up of the trust of the clients, and giving electric vehicles that without a doubt relieve the street mishaps. Electric vehicles which firm proposals to their clients must address all necessities of the association just as their clients (Nagenborg, Capurro, Weber, Pingel, 2007). John must form an inspiration program for the CEO and other staff of the firm to give care to those people and clients who are powerless just as needy. ACS Code The significance of open enthusiasm: According to this ACS code, each contention must be fathomed inside an electric vehicle organization in the inclusion of open tendency. The enthusiasm of open ought to be mulled over to join all the issues identified with the security of open and vehicle clients. The improvement of individual fulfillment: The ICT progression had the noteworthy impact on society and this impact has been profitable to the electric vehicle organization. The firm ought to lift the equal access to the occasion of the ICT by all overall population people (Lenk, 2016). Trustworthiness: This code is a principal portion of trust. Without complete trust, an electric firm can't work enough. The genuine figuring capable ought not make a purposefully bogus and misdirecting case about the electric vehicles or their structure setup, notwithstanding, it ought to rather give the full disclosure of all associated system limitations and issues. Ability: The electric firm ought to recognize that the displaying strategy of vehicles in which they trust are skilled to proceed just as not spare a moment to get the additional aptitude appropriately qualified for the individuals where fitting (ICT Integrity: bringing the ACS code of morals state-of-the-art, 2016). Proficient turn of events: The electric vehicle firm consistently keep themselves refreshed with the new advances and techniques which are appropriate or supportive in their work, moreover, they have to energize their accomplices and staff people to do a comparative thing (Tripathi, 2010). Demonstrable skill: The ICT business is modestly depicted just as evolved by the brisk changes. The code of ACS can similarly assist everybody with determining or recover the ethical predicament, and it gives the help to make the best possible activities against the issue (Gogoll, Muller, 2016). Necessity letter: The requests of this investigation according to the ACS may be: Open intrigue: The electric firm should decide the potential wedged through firms function just as expressly imagine their advantage. Capability: Happily assess the duty of their own work. Genuineness: Never wittingly deceive the client as indicated by the appropriateness of the organizations administrations. Polished skill: Abstain from the action into the association's master job that may stain the image of the business (Torrance, 2012). Safeguard for AI Consultant There are a few different ways to safeguard the John on moral grounds, as, in the event that he runs the man-made brainpower components of the vehicles and educate the CEO regarding the electric vehicle organization that later on, the models of vehicles will cause a few ramifications for the association just as for their clients, for example, mishaps out and about are less a direct result of the self-sufficient vehicles (Reisch, 2011). John can give an undertaking report to the CEO of the firm that the task is abandoned with heaps of mistakes and bugs without totally fulfilling the demonstrating venture in the wake of testing just as it similarly can make an extraordinary picture of the firm according to the clients (Chau, 2010). John must use the ACS controls as they dont license the firm to convey the deserted items and administrations for their clients and deceive the client according to their administrations so John likewise need to attempt proposals to unravel moral predicament. Guidance for AI Consultant As demonstrated by the ACS ethics, an association must need to hold their validity, capacity, polished methodology just as open excitement for their work. According to the John, the time being spent on the demonstrating technique for the mishap premise is a smart thought before the electric vehicles are released on the streets. Gaining the convictions of other qualified experts can help with the game plan of the issue. Partners can give their decisions and allude to other similar issues they had stood up to. In the wake of advising various architects, the accompanying step would imply different codes of ethics and see regarding how they would relate to the situation close by (Bellekom, Benders, Pelgrm, Moll, 2012). NSPE records numerous codes of ethics that a specialist draftsman could fall in a condition where the person would go up against out in the business. ASME, gives an overview of certain principles, especially for master mechanical designers. End This investigation presumes that John as an Artificial Intelligence specialist for the electric vehicle firm needs to maintain and modernize the nobility, trust and respect of his calling. It has additionally been presumed that the morals are existing together in the electric vehicle firm for better venturesome practices just as for holding the clients trust on the firm by giving them administrations which are beneficial for them in an ethical manner. Morals are utilized in the associations to survive

How to Format an Ebook for Kindle

Step by step instructions to Format an Ebook for Kindle Congrats!  You’ve completed your book.  If you’ve cleaned your original copy and had it altered, you’re prepared to distribute on Kindle.  Not much in life is free any longer, however distributing a Kindle book is.  You can organize a Kindle book yourself and transfer it to Amazon for no charge.  Here’s how. Initially, SAVE your composition as another doc so you’ll have a duplicate of the first.  You won’t have the option to utilize the Kindle form for whatever else once you’re done. Edges ought to associate with .5 top and base, .8 for left and right edges. Don’t utilize more than three or four line spaces to isolate content beyond what that can make content break to another page on littler perusers, for example, I-Phones. Use text dimensions of 16pt or littler a title with a ton of content can without much of a stretch go to a subsequent line. Make certain to incorporate a cover sheet and brief copyright notice. Promoting tip:  If you’ve composed different books, you can remember them for a â€Å"Also Choice: you can make the part titles in the Table of Contents into interactive connections Don’t incorporate page numbers or page breaks-simply let the content sudden spike in demand for.  Otherwise, the completed item will be a wreck!  You can, in any case, embed page breaks toward the finish of parts. Don’t include headers or footers. Amazon for the most part indents sections during arranging, so I recommend not including any.  But they once in a while change their procedure.  If your last transferred rendition doesn’t show indents, .3 is a decent indent for sections. Incorporate a line space between each passage for somewhat more â€Å"white space.†  Also, shorter sections are all the more outwardly engaging on a Kindle peruser or I-Phone than longer ones. When you’ve got done with arranging (and spellchecking!), spare the record so you have a last duplicate for Kindle, at that point spare it again TO A DIFFERENT FOLDER as â€Å"Web Page, filtered.†  If you don’t spare it to an alternate envelope, Word will naturally change the doc you just chipped away at into the html document, and afterward you won’t have the first (which you may get a kick out of the chance to use to make an EPUB rendition or PDF later). At that point page through the html document to ensure it looks alright (utilize the Paragraph instrument on the toolbar to check the quantity of line breaks between passages).  Go to Amazon’s Bookshelf (https://kdp.amazon.com), click on â€Å"Create a New Title,† and adhere to the guidelines to transfer the book.  You can likewise utilize the Cover Creator device to make a spread by then. After you transfer the inside of the book, BE SURE TO PREVIEW IT utilizing the Amazon previewer.  There will most likely be blunders, and perusers who compose book surveys on Amazon are not constantly kind about grammatical mistakes or organizing blunders in the books they read (this is the reason altering is so significant).  You can fix and re-transfer it the same number of times as you have to so as to make it great.  Remember, you’re making your notoriety for being an author with each book you distribute. Good luck!  And Happy Writing!

More for Admitted Students

More for Admitted Students Hello, MIT Class of 2016! Here are some things that admitted students should do, now that you have been admitted First, check out your MyMIT Portal: Over at MyMIT, youll find a bunch of stuff only available to admitted students, including: Campus Preview Weekend Registration: Please register for CPW by Thursday, April 5, or when your travel plans are solidified, whichever is sooner. Also, when you fill out your CPW registration form, give us as much specific information as you can; this will help us make your CPW experience as good as possible. Finally, please complete the Medical Release Form. Notes to the wise: if youre flying in, book your plane tickets early. If your parents are joining you, have them book their hotel early (today or tomorrow would be very smart). I highly recommend hotels that are within walking distance (or easy public transportation) of MIT driving and parking in Boston is not a good experience. Local Admitted Student Gatherings: Over the next few weeks, MIT alumni across the globe will be hosting gathering for the Class of 2016, as nearby campus as Weston, Massachusetts, and as far away as Singapore. There will be meetings in dozens of locales, including New York City, Dallas, San Diego, Miami, Denver, San Francisco, Chicago, Seattle, and many more. RSVP information is included. Class of 2016 Guestbook: Hundreds of your classmates have checked in to introduce themselves. Since only admitted students can enter themselves on the guestbook, its a good way to share your contact information securely with your future classmates, and to get emails and screennames to be in touch with fellow MIT 2015s! The MIT Reply Form: As soon as youve made up your mind for sure about whether or not to attend MIT after youve reviewed your financial aid package, come for CPW, or anything else that you need to make your decision please let us know your decision through the online reply form. You have three choices: tell us youre enrolling this fall (Yay! Welcome officially to the MIT Class of 2016!), that youre declining our offer of admission (its okay, we know youre making the best choice for yourself), or to request a deferral/gap year(s) before enrolling at MIT (for a gap year, military service, or other reason). Take as much time as you need to make your decision (and if we can help, please let us know), but be sure to let us know by May 1. Overnight Program Registration: If you cant make it for CPW, dont despair, you can still come visit through our Overnight Program. Please register at least two weeks in advance, and well do our best to show you MIT. Link to the Facebook Group Page: Facebook is a great place to meet your future classmates and get questions answered by current students. Financial Aid Tracking Award Letter: Find out what documents are still required for your financial aid to be packaged. If your financial aid application is complete, you award letter will appear here. There is also a link to the contact information for your financial aid counselor. Also dont forget about the Webcast event on Saturday. Check your email for details! Finally you may want to tune in to watch the MIT Mens Basketball Team competing in the NCAA Division 3 Final Four on Friday night at 8:00pm EDT (and hopefully in the Championship Game on Saturday!). Livestream information | An MIT Basketball Primer More For Admitted Students Beginning today, admitted students can log into MyMIT for the Class of 2011 guestbook directory (post your picture!). And also, feel free to use this entrys fresh comments space for more admitted students chatting.

Financial Aid Forms From Hell

HomeFinanceFinancial aidFinancial Aid Paperwork From HellThis page may contain affiliate links.Dec 4, 2019 There is one piece of my daughter’s college application process that is entirely mine, or rather, my responsibility to dowithher. Insert doom and gloom music here †¦ HINT: Anything left over from Halloween including the blood curdling screams will work – It’s the FINANCIAL AID paperwork from H-E-L-L. Filling Out Financial Aid Forms I confess to becoming completely and utterly stressed as we filled out these forms.And yes, we did them together.My reasoning is if she is old enough to go to college, then, she is old enough to understand our family finances. ​Filling out these forms together only helps her to understand how she is being evaluated for financial aid. And in the end, she is more likely to appreciate any award granted and any payment I am responsible for making. I feel that she needs to know the process, to comprehend the questions, and to learn how to arrive at the answers. If called in to a Financial Aid Office and asked for further explanations, I don’t want her to panic and shrug (as I once did 30-odd years ago with embarrassment). She’s too smart to be dumb. And I trust her to know our situation fully. As I worry and fret over being in a situation that unexpectedly turned my financial preparations inside out, she is at my side providing the calm. And calm is what we need for the hours of focus that these forms demand. The FAFSA is simple but only in comparison to its sister – the CSS Profile – which has, at last count, 244 questions about past, present, and future finances. So much for the â€Å"personal† part of â€Å"personal finances† – there is no concealing the details that cannot properly explain the reality. Together, we address every question and compile pages and pages of worksheets and spreadsheets to verify how we arrived at the figures requested. It’s an organized mess. So while she writes her essays for admission, I write letters for the financial aid staff of every college she is applying to – letters that, I hope, provide explanations while asking for further consideration beyond the formulas. I read her essays; she reviews my letters. Playing the Waiting Game And we both wait in our anxious states. And wait. And wait. She wonders: Have I nailed the essays? Will they like my portfolio? Have I done enough? Am I good enough? Will I get in? I wonder: Can I afford this? How can I balance her needs and her wishes against what is realistically possible? And we wait. Some more. I review the Parenting Rulebook, page 118, paragraph 3:Never,evercompare your anxieties to your child’s. We are in this process together – she and I – panicking in equal amounts for the same and different reasons. I try to hug away her moodiness so that she can focus again. There are more college applications to complete; a high school senior year of classes and friends to experience; one last year of time together. Soon enough we will know. And soon enough, she will be on her way. Should You Share Financial Information With Your Children? Endnote: I am a firm believer in sharing the truths when children are ready to learn. For years, I have gradually revealed finances to my girls – not in the abstract but in the reality. They first learned, for instance, what utilities were; then, that they cost money (and why); then, how I paid for them as we reviewed and unlocked the mysteries of the bills together; then, the pros and cons of different payment methods; and then, where that money came from on my end. By the time we reached the financial aid forms, finances werent the great unknown for them, though some of the questions baffled us. These basics will provide groundwork for expecting, deciphering, and paying their own bills soon enough; how to manage their own savings; and how –and why – to create their own budgets. I have been trying to help them develop their financial backbone. ** May you gradually give your own children the wisdom of all things financial and may they come to appreciate and respect you all the more. ​Best always, Kat

The Advantages of Section - Free Essay Example

Sample details Pages: 4 Words: 1342 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Act Essay Advantages And Disadvantages Essay Did you like this example? ADVANTAGES OF S. 176, WHO BENEFITS AND CASELAWS. INTRODUCTION As a general outline, S. Don’t waste time! Our writers will create an original "The Advantages of Section" essay for you Create order 176 of Companies Act 1965[1] deals with schemes of arrangement of companies facing financial difficulties or in the case of companies at the brink of winding-up. What is, à ¢Ã¢â€š ¬Ã…“Schemes of Arrangementà ¢Ã¢â€š ¬Ã‚ , and how do these schemes assist or facilitate the companies during financial difficulties? To define in simple terms, à ¢Ã¢â€š ¬Ã…“Schemes of Arrangementà ¢Ã¢â€š ¬Ã‚  refer to schemes that enable companies in financial difficulties to pay out to their creditors in full. Therefore, companies enter into schemes or arrangements with creditors to put into effect a compromise or a moratorium. What is a à ¢Ã¢â€š ¬Ã…“moratorium?à ¢Ã¢â€š ¬Ã‚  A à ¢Ã¢â€š ¬Ã…“moratoriumà ¢Ã¢â€š ¬Ã‚  can be defined to 2 things : A temporary prohibition on an activity; From the legal aspect, it means an authorized delay of legal obligations or payment.[2] Therefore, the term à ¢Ã¢â€š ¬Ã…“moratoriumà ¢Ã¢â€š ¬Ã‚  is used to show that a temporary deferment of payment by the companies in debt to their creditors is, legally allowed à ¢Ã¢â€š ¬Ã¢â‚¬Å" by the leave of Court. A compromise scheme, however, is the type of scheme whereby the creditors agree to accept payment of less than the amount that is owed to them.[3] In other words, once the compromised amount is paid, the company is released from any further obligations or debt towards the creditors. In certain occasions, the creditors may also compromise to convert their debts into shares in the company.[4] Therefore, it is on the agreement of the companies and their creditors to determine which scheme or arrangement suits best for both parties. WHAT IS S. 176 COMPANIES ACT 1965? Now, focusing on the main issue, how does S. 176 of CA 1965 actually facilitates or assists companies which are facing financial difficulties, into entering schemes of arrangement? The answer would be because S. 176 acts as a mechanism, or as a tool which binds a formal compromise (companies may pay less than the amount owed to creditors upon agreement by both parties) or moratorium (suspension or delay or deferment of payment for a specified period of time to their creditors) between the participants as long as an agreement by the majority of the members have been achieved and, subject to approval by the court. In short, when a company and its creditors agree to enter a scheme of arrangement, S. 176 comes in to facilitate both parties by : Binding both parties once a majority vote is achieved and obtaining approval from the court to grant leave for the scheme of arrangement. S. 176 can also be read together with S. 178[5] and S. 180[6] as S. 178 sets out the orders that the court can make to put into effect a scheme for the reconstruction of any company or companies or the amalgamation of any 2 or more companies. As stated under S. 178(1) : à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦Where an application is made to the Court à ¢Ã¢â€š ¬Ã‚ ¦ for the approval of a compromise or arrangement and it is shown to the Court that the compromise or arrangement had ben proposed, for the purpose of, or in connection with a scheme for reconstruction of any company or companies, or the amalgamation of any 2 or more companies à ¢Ã¢â€š ¬Ã‚ ¦ à ¢Ã¢â€š ¬Ã‚ ¦ the Court may, either by way of approving the compromise or arrangement or, by subsequent order provide for all or any the following matters à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ [7] Therefore, what S. 178 provides is actually the requirements or the order the court may request in order to make the scheme or compromise to be effected. S. 180 on the other hand sets out the procedures that enable the transferee company to compulsory acquire the shares of a dissenting shareholder to a scheme or a contract that involves the transfer of all shares in a particular class in the transferor company to the transferee company.[8] WHO BENEFITS FROM S. 176 COMPANIES ACT 1965? In a nutshell, it can be said that the scheme of arrangement saves companies from bankruptcy by giving a chance to the companies to pay their debt to their creditors or debenture holders. Therefore, as clearly stated above, ità ¢Ã¢â€š ¬Ã¢â€ž ¢s clear to say that the companies facing financial difficulties should benefit most from S. 176 CA. This is because the main purpose of S. 176 CA is to restructure the financial affairs of a company which is heavily burdened with debts. Therefore, when S. 176 comes in as a saving provision for companies in debt, it eases both the company and their creditors. However, as much as the company may receive benefits from S. 176, there are circumstances where companies may misuse the provision for the own benefit. Therefore the law should provide a safeguard provision for the creditors as well. We must bear in mind that the main focus of S. 176 is to ease the burden of the companies who are truly in a fi nancial crisis. The advantages at the end of the scheme of arrangement should be of that the companies are able to carry on their business ultimately as usual, and not release themselves from liability of paying the debts they owe to their creditors. S. 176 AND CASELAWS The law and its relation to the scheme of arrangement is governed by S. 176 CA. As stated earlier in the general rule, when a company is soon to go bankrupt or winding-up, S. 176 CA acts as a mechanism and as a tool to protect the company and assist them in paying their debt of to their creditors. S. 176 CA provides that a scheme of arrangement of either a compromise or a scheme may be put into effect and thus, helping both the company à ¢Ã¢â€š ¬Ã¢â‚¬Å" to continue their business as usual à ¢Ã¢â€š ¬Ã¢â‚¬Å" and to pay the creditors back à ¢Ã¢â€š ¬Ã¢â‚¬Å" the money owed to them. How does the law apply or what are the instances where S. 176 CA were applied? First and foremost, when a company wishes to create a compromise or a scheme, the company itself à ¢Ã¢â€š ¬Ã¢â‚¬Å" the member of the company or member of a class or the creditor à ¢Ã¢â€š ¬Ã¢â‚¬Å" to make an application to the Court. For instance, in the landmark case of Re Foursea Construction (M) Sdn Bhd[9], the court held that and application of arrangement for ex-parte is not allowed as it must be in the form of both parties being present and active in order to avoid injustice especially towards the creditors. In other words, for an application of scheme of arrangement, the Court shall not grant the application if there is only one party that applies to the Court. It must be applied from both parties à ¢Ã¢â€š ¬Ã¢â‚¬Å" the company and the Creditor. However, with every general rule, there is also an exception. In this case, a circumstance where the Court may allow an ex-parte application is when there is a sense of valid urgency that exists. The application of ex parte is seen in the case of PECD Bhd Anor v Merino-Odd Sdn Bh d Ors[10] where the applicants filed an ex-parte application, and the application is only for exceptional cases of à ¢Ã¢â€š ¬Ã‹Å"valid urgencyà ¢Ã¢â€š ¬Ã¢â€ž ¢. Therefore, the applicants have a crucial duty to disclose all relevant materials including any information that may be unfavorable to the applicantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ themselves. The court will, strictly compel the applicants to comply this requirement. However, in this case, in order to obtain the ex-parte order, the applicants did not sufficiently identify all their supporting documents that need to be disclosed. As a result, the court held, since the rule of fair and frank disclosure should be practiced by the applicants in this case, the applicantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ failure to disclose the subject matter and decision of the previous court which did not favor them was actually against the principle of disclosure.[11] It was found and proven the applicants had acted mala fide and the judge set aside the ex-parte appl ication and his restraining order under S. 176 of CA 1965. [1] S. 176 Companies Act 1965. [2] Dr Shanty Rachagan, Dr Janine Poscoe, Anil Joshi, à ¢Ã¢â€š ¬Ã…“Concise Principles of Company Law in Malaysiaà ¢Ã¢â€š ¬Ã‚ , p. 551. [3] www.lawteacher.net/saving-companies-which-face-financial-difficulties (accessed on 19th December 2014) [4] Dr Shanty Rachagan, Dr Janine Poscoe, Anil Joshi, à ¢Ã¢â€š ¬Ã…“Concise Principles of Company Law in Malaysiaà ¢Ã¢â€š ¬Ã‚ , p. 552. [5] S. 178 Companies Act 1965. [6] S. 180 Companies Act 1965. [7] S. 178(1) Companies Act 1965. [8] Dr Shanty Rachagan, Dr Janine Poscoe, Anil Joshi, à ¢Ã¢â€š ¬Ã…“Concise Principles of Company Law in Malaysiaà ¢Ã¢â€š ¬Ã‚ , p. 553. [9] [1998] 3 CLJ 135. [10] [2009] 3 CLJ 685. [11] www.lawteacher.net/the-law-of-scheme-and-arrangement (accessed on 19the December 2014)