Hot Tapping Essays

Hot Tapping Essays Hot Tapping Essay Hot Tapping Essay Hot tap operationâ is a combinationâ of numerous factors, welding is just one of them,though its basic for any hot tapping activity. Note Hot Tap could prompt genuine fatalities if not done appropriately. Since you referenced about Shells DEP, kindly note these DEPs are all around regarded in the business. That doesn't mean whats composed is completely verifiable, yet therere great method of reasoning on whats written in the DEPs. DEP 31. 38. 60. 10-Gen, HOT-TAPPING ON PIPELINES, PIPING AND EQUIPMENT is very point by point. Some significant concentrates are extremely applicable to your questions and would clear the questions why theâ practice of hot tapping isn't allowed when in doubt. Defense FOR HOT-TAPPING:- Hot-tapping is possibly dangerous and along these lines should possibly be embraced when coherence of administration is basic or shutdown of the framework is unreasonable and when it is demonstrated to be in fact attainable and to offer a reasonable preferred position over other options. Theâ advantage might be monetary and, in certain circumstances, the security and ecological risksâ may be not exactly those related with progressively traditional techniques. A choice on whether hot-tapping is to be applied will be founded on cautious contemplations including in any event the accompanying perspectives: * wellbeing; * state of the funnel/gear viable; * setup of the association; * code/legal necessities; * working conditions; * specialized capacities of the penetrating hardware under the working conditions (pressure,â temperature, nature of item); * related welding issues; * monetary viewpoints; * ecological/contamination angles. On the off chance that hot-tapping is to be applied under conditions moving toward the specialized or operationalâ limits as characterized in this DEP, master guidance ought to be looked for. MATERIALS:- This DEP is significant just to hot-tapping on carbon, carbon-manganese and high-quality low-compound prepares (e. g. ISO 3183 L245 to L485 or API 5L grades B to X70). Materials for pipelines and on-plot funneling will conform to the necessities of the channeling classes DEP 31. 38. 01. 12-Gen. what's more, DEP 31. 38. 01. 15 Gen. In the event that it is proposed to hot-tap therâ materials, master materials/welding engineers will be counseled and a particular technique will be created. Current experience is constrained to L450 (X65) materials (see likewise BS 6990) and accordingly exceptional consideration ought to be given to methods to be produced for higher evaluation materials. It will be guaranteed that during the welding activity the material in the area of the weld pool ha s adequate solidarity to contain securely the inward weight and stay away from a victory. The danger of victory is reliant upon an intricate cooperation of welding conditions, pipe material, pipe thickness, pipe temperature and loop pressure. For materials of yield quality notâ greater than 450 N/mm2, working at temperatures of not more prominent than 350  °C and withâ a band worry of not more prominent than 72 % of the predefined least yield pressure, victory can be forestalled during welding gave the base channel thickness isn't under 5 mm. The real least divider thickness will be dictated by ultrasonic testing. For other materialsâ or conditions, a base channel thickness will be resolved, in light of either specificâ previous experience as well as information from preliminaries. NOTE: For a few items, because of synthetic response, the sheltered funnel temperature may be a lot of lower than350  °C (See likewise BS 6990). Fitting and branch material will be of a sort and grade good with the material of the run-channel to be hot-tapped, including harsh assistance necessities where pertinent. Hot-tap welding ought not typically be performed on materials which require post-weld heatâ treatment. Be that as it may, if stress calming or post-weld heat treatment is required, a specialistâ shall be counseled to survey whether it is achievable to make the particular hot-tapping activity with post-weld heat treatment. Note: Stress-diminishing might be required if a material is defenseless to stretch erosion breaking and post-weld heat treatment might be determined by the plan code if the divider thickness is more prominent than a specific cutoff. Welding will not be performed on lined, clad or inside covered channel. Hot-tap welding will not be performed on the accompanying materials:  any material with a most extreme permissible working temperature more prominent than 370  °C; pipelines and on-plot funneling where the base suitable working temperature is not exactly - 20  °C. For least passable working temperatures between - 20  °C and 0  °C, additional consideration will be given to guaranteeing satisfactory material sturdiness  PROCESS FLUIDS:-  Hot tapping will just be performed under the accompanying conditions: the contained procedure luids stay stable when exposed to the high metal temperatures (see 3. 3) during welding; the procedure liquids stay stable when in contact with air during boring and aperture activities; there will be no deterioration or concoction response between segments of the contained liquid (blast, start, exothermic response); there will be no synthetic response between the liquid and the hot control wall(burning, (stress) erosion, embrittlement). These necessities lead to various circumstances in which welding tasks are disallowed on gear which contains: Mixtures of gases or fumes inside their combustible range or which may get combustible because of warmth contribution to welding activities.  Substances which may experience response or decay prompting a dangerousâ increase in weight, blast or assault on metal. In this unique circumstance, consideration is drawn toâ the plausibility that under specific blends of fixation, temperature andâ pressure, acetylene, ethylene and other unsaturated hydrocarbons may decomposeâ  explosively, started by a welding problem area.  How about LPG-Does it fit into this class Oxygen-advanced climates within the sight of hydrocarbons which might be presentâ  either in the air or stored within surface of the gear or channel. Packed air within the sight of hydrocarbons which might be available either in the airâ  or stored within surfaces of the gear or channel. Vaporous blends in which the incomplete weight of hydrogen surpasses 700 kPa (ga),except where proof from tests has exhibited that hot-tapping can be doneâ â safely. In light of the abovementioned, welding on gear or funnel which containsâ hazardous substancesâ  or conditionsâ as recorded beneath (even in little amounts) will not be performed unlessâ  positive proof has been acquired that welding/hot tapping can be applied securely. Substances:   Acetylene;Acetonitrile;Butadiene;Caustic soda;*Chlorine;Compressed air at a weight more than 3 000 kPa (ga);Ethylene;Ethylene oxide;Fat/lean DEA/MEA;HP steam (pressure more than 5 000 kPa (ga));Hydrogen (halfway weight more than 700 kPa (ga)); Hydrogen sulphide;*Hydrofluoric acid;Oxygen;Propene;Propene oxide;â  Sulphuric corrosive; I would think if nature contains both LPG (which is combustible) and 2500 ppm of H2S which could be harmful if there should arise an occurrence of any leakage,â a appropriate way is channel the lineâ cleanse and afterward perform hot tapping or weld followed by PWHT as required. Not just that wet H2S could cause ordinary issues identified with wet H2S breaking. Henceforth you have to set up a welding system with controlled hardness. The connected article is a decent educative archive on hot tapping in harsh administrations.

Kat Von D Essay free essay sample

Kat von D Kat von D was conceived on March eighth, 1982 in Montemorelos, Nuevo Leon, mexico. She began inking at 14 years old however has been drawing as long as she can remember. Her notable happened upon the TV arrangement LA Ink. Kat is still as of now possessing her own shop and has a developing amout of visits every day. Von D had alot of motivation from affection. As said in her meeting its known as her higher force. As an effective specialist, she couldnt have done it without her family. Kat is by all accounts driven without anyone else of being a female in a male known industry. Men are scared by her work she has done since she previously began inking and drawing. The historical backdrop of the organization LA Ink is assorted consistently. Kat has had workers come all through her shop since the stupendous opening. During the development, she was suspicious about how things were put and assembled. We will compose a custom article test on Kat Von D Essay or on the other hand any comparable subject explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page After the fruition of LA Ink, the shop has never had a moderate day. Her and her workers have had a hanging tight rundown for up to a multi month time frame. The results of Kat von D are for the most part tattoo concealers and tattoos. The tattoo concealer basically conceals tattoos as indicated by your own complection. The utilization of the concealer is incredible for formal outgoings. Her tattoos are likewise an extraordinary item for communicating and never forgeting about them. Her work has raised since the age of 14 and will never stop. My sentiment to the opposition to LA Ink is that no other inking organization could think about. With the drive of Kat to demonstrating to her fans that young ladies can be in a person position is significant. I feel that Kat is very against the sexis viewpoint of professions. Obviously there is cometition out there that are driven by Kat to improve as a craftsman and get motivated by her work. I have never had an involvement in Kat von Ds item for the most part since I have not yet been inked by her or her workers. For that, I have not utilized her restorative tattoo concealer to cover any tattoos. My sibling has had an involvement in her concealer that he baught disconnected and it appeared to work extraordinary. Maybe his tattoos wernt even there in the first place. So I propose that item to anybody tring to conceal their tattoos from somebody. The present officials of LA Ink are Kat von D herself alongside her dear companions, Kore Flatmo from Ohio, Bob Tyrell from Miami, Nikko Hurtado and Horitaka both from California, and Paul Booth from New York. LA Inks current monetary conditions are excelent. Because of having notable craftsman as Kats workers, the organization has high volume demand for their mastery. Von Ds organization is open clearly over her TV arrangement. The store is likewise directly in the city of Los Angeles so everybody is welcome. The future viewpoint of the organization is by all accounts exceptionally positive. Kat von D and her craftsman who remain behind each choice she makes is the thing that holds the organization together. Since all the specialists including Kat has an enthusiasm to draw and tattoo, they will in all likelihood remain in the business. Specialists aptitude just escalde with time. The basic role of LA Inks site is to pursuade individuals to purchase items or get tattoos. You can buy her concealer online for the most part with free delivery. The organization is a web organization and has a store area in Los Angeles. The site has support for Kats items by having her entire body in her own tattoo concealer. There is plent of data about items that the organization gives or sells, for example, ingredents and advantages and disadvantages about getting a tattoo. Kat von Ds site is very easy to use and I recommend anybody that is eager to catch thoughts from her site and see when photos of the concealer.

First day of classes

First day of classes Yesterday was the first day of classes at MIT. I remember the excitement and anticipation I had on my first day back in 1996; I wish I could go through it all again! You might be wondering, what would I take as a first term freshman at MIT? What youll generally see is something like this: Some version of calculus Some version of physics Some version of chemistry A humanities, arts and social science (HASS) elective A freshman seminar Thats a general framework, but because MIT provides a good amount of flexibility, some students do other things that best suit their needs. And even within the courses that are required, there are many different options: some with large lectures from noted professors, others with small classes lead by strong teachers; some focus on theory, others on application; and so on. Also, remember that all freshman come in to MIT undeclared, and use the entire freshman year to explore MIT before choosing a major. In order to provide some real, concrete examples, I went to the Facebook and looked at the class schedules of some of my friends (names removed to protect the innocent). Here are a few representative schedules: Student #1 18.01A/18.02A: Calculus (a combined single and multivariable calculus course, taught by the beloved Professor Arthur Mattuck) 8.012: Physics I (often referred to as Physics for Masochists because of its rigorous, theory-based style) 3.091: Introduction to Solid-State Chemistry (perhaps the most popular freshman class because of its incredible teacher, Professor Don Sadoway) 21L.011: The Film Experience (a very good choice for a HASS elective) 8.S67: Particle Physics (Freshman Seminar, with Prof. Richard Yamamoto 57) Student #2 18.022: Multivariable Calculus (with the legendary Prof. Hartley Rogers) 7.012: Introduction to Biology (taught by Professor Eric Lander!!) 5.112: Principles of Chemical Science (the advanced theoretical version) 21L.448: Darwin and Design (HASS) Student #3 18.022: Multivariable Calculus (again, taught by Hartley) SP.311: Concourse, a freshman learning community with integrated small classes, which includes special versions of: 8.01: Physics I (the Concourse version is taught by a good friend of mine) 3.091: Introduction to Solid-State Chemistry 9.00: Introduction to Psychology (HASS, with Prof. Jeremy Wolfe) 22.A06: Nuclear Technologies (Freshman Seminar, with Professor Andrew Kadak) Student #4 18.01: Calculus I (single variable calculus) 8.01: Physics I (classical mechanics, taught in the collaborative and interactive TEAL format) 5.111: Principles of Chemical Science (Professors Ceyer Drennan) 21H.601: Islam and the West (HASS) 7.A18: Genes In the News (Freshman Seminar) And what did I take, back in the fall of 1996? Student #Matt 18.02: Multivariable Calculus (taught by my beloved Hartley back then) 8.012: Physics I (taught by the awesome Nobel Laureate Wolfgang Ketterle that year, who I should note is teaching an 8.012 recitation section this year!) 5.11: Chemistry (back before they had both a 5.111 and 5.112) 9.00: Introduction to Psychology (with Stephen Pinker) The History of MIT Freshman Seminar (no course number anymore, though it was a great seminar) Coming soon: a more in-depth look at freshman advising seminars. For more information about other exciting classes at MIT, cruise on over to Mollies latest entry. Finally, for those of you in Central Florida, Ill see you tonight at 7pm in Winter Park!

The Life Of Frederick Douglass, An American Slave

Arjun Gopisetty Dr. Ernst The United States, 1492 - 1865 06 April 2015 Humanization of Slaves (?) For a large portion of the United States history, slavery was legal and prominent in Southern society. Slaves working on plantations were the main proponent of Southern American economy. Slaves working in the United States during this time, especially those working on plantations in the South, suffered through horrible living and work conditions and punishment. Slaves were forced under duress to work for long hours, and were whipped and beaten at their owner’s will. One of the most prominent slaves that attained freedom is Frederick Douglass, an internationally famous abolitionist. Douglass’s strong speech abilities and own experiences as a slave made him very famous during the abolitionist movement. In Narrative of the Life of Frederick Douglass, an American Slave, Douglass many stories to portray the horrors of slavery. The narrative consists of Douglass’ life as a slave, and his path to freedom. The story also doubles as a persuasive argument, written in hopes that one day slavery would be abolished. Douglass is born a slave and spends much of his childhood discovering what it is to be enslaved. During this time growing up, he only sees the horrors of slavery. As he becomes older, Douglass starts to experience the terrors of slavery personally. Although the whipping was supposed to break Douglass, the punishment only strengthened Douglass’s character. Only when sent to Mr.Show MoreRelatedThe Life Of Frederick Douglass, An American Slave1078 Words   |  5 PagesLife of Slaves Up until the late 1800s, people were legally able to own slaves. Slaves are people that are the property of another and are forced to follow their owner s commands. Slaves were treated like dogs, had no freedom and were abused. Frederick Douglass played a huge role in the human rights in the 19th century trying to end slavery. Also, he wrote a narrative called, Narrative of the Life of Frederick Douglass, an American Slave, which goes into detail of his day to day life as a slaveRead MoreThe Life Of Frederick Douglass, An American Slave1170 Words   |  5 Pagesabolitionist speakers, Frederick Douglass. Born into slavery, this great American leader led a life many of us would find impossible to bear. After gaining his freedom from slavery, Douglass shared his stories through impressive speeches and vivid autobiographies, which helped America move forward as a country liberated from racial inequality. Although Narrative of the Life of Frederick Douglass, An American Slave allows read ers to understand what life was like for slaves in antebellum America, theRead MoreThe Life Of Frederick Douglass An American Slave983 Words   |  4 Pages The Narrative of the Life of Frederick Douglass an American Slave, is an incredible story of one man’s struggle to become free from the bonds of slavery. While experiencing his hardships and celebrate his triumphs along the way, the story saddens you with the cruelty of humans but leaves you joyous at the outcome. Written as proof that a well-educated black man was indeed a slave and that even with a life riddled with trials and tribulations you can rise above and succeeded in obtaining your dreamRead MoreNarrative Of The Life Of Frederick Douglass, An American Slave1251 Words   |  6 PagesJustine Boonstra Frey- Period 1 MAJOR WORKS REVIEW AP Lang Version GENERAL 1. Douglass, Frederick. Narrative of the Life of Frederick Douglass, an American Slave. 1845. New York: Fine, 2003. Print. 2. Autobiography STRUCTURE 1. Point of View: First Person, the narrator Frederick Douglass 2. Relationship of POV to meaning: 3. Plot Structure a. Exposition: Douglass describes that his mother was a black slave, and his father was a white man. Thus, he was born into slavery and was sent off toRead MoreNarrative Of The Life Of Frederick Douglass, An American Slave977 Words   |  4 PagesIn 1845 Frederick Douglass published his first book Narrative of the Life of Frederick Douglass, an American Slave. This book not only showed people what life was truly like in the eyes of a slave, but it became instrumental in propelling the abolitionist movement and helping it gain motion all across the country. Douglass was truly a revolutionary person because throughout the duration of slavery, African American people were not permitted to be educated. This was considered dangerous. It wasn’tRead MoreNarrative Of The Life Of Frederick Douglass, An American Slave1131 Words   |  5 PagesAshley Moreshead American History 2010 November 8, 2015 Frederick Douglass Essay The â€Å"Narrative of the Life of Frederick Douglass, an American Slave† is a memoir that depicts the hardships and brutalities, Fredrick himself and other slaves suffered during the time of slavery in the 1800’s. Throughout Douglass’ narrative, he describes the common casualties of growing up, and the limited information he is provided with. This is a direct connection between the ignorance of slaves and the lack of educationRead MoreThe Narrative Of The Life Of Frederick Douglass, An American Slave1129 Words   |  5 PagesNarrative of the Life of Frederick Douglass, An American Slave,† by Frederick Douglass and â€Å"Self Reliance†, by Ralph Waldo Emerson, a person may notice a trend that both authors focused on. The trend was the key to happiness or self-fulfillment. Both Ralph Waldo Emerson and Frederick Douglass believed that acquiring knowledge is what people should aim for throughout their lives. They both had different viewpoints when it c ame to the type of knowledge individuals should gain. Douglass believed that oneRead MoreNarrative Of The Life Of Frederick Douglass, An American Slave1552 Words   |  7 PagesNarrative of the Life of Frederick Douglass, an American Slave, Written by Himself Theme: False versus True Christianity In this theme, Fredrick Douglass contrasts the both forms of Christianity to show the underlying hypocrisy in slavery. The results show that slavery is not religious as it exposes the evils in human bondage. These ideals however can be distorted so as to fit in the society. Two forms of Christianity are presented in â€Å"The Narrative of the Life of Fredrick Douglass and each of themRead MoreThe Narrative Of The Life Of Frederick Douglass, An American Slave1093 Words   |  5 Pagespossible difference.† -Frederick Douglass. The Narrative of the Life of Frederick Douglass, An American Slave, by Frederick Douglass, shares the story of the struggles of an American slave during the eighteenth-century. Fredrick Douglass was born in Tuckahoe, Maryland in approximately 1818. While being raised by his grandmother, Betsey Bailey, he snuck around at night to meet his mother nearby, assuming that his slaveholder, Captain Anthony, was his father. From adolescence, Douglass knew he was differentRead More The Narrative of the Life of Frederick Douglass, An American Slave1267 Words   |  6 PagesThe Narrative of the Life of Frederick Douglass, An American Slave The Narrative of the Life of Frederick Douglass, An American Slave was written by Frederick Douglass himself. He was born into slavery in Tuckahoe, Maryland in approximately 1817. He has, †¦no accurate knowledge of my age, never having seen any authentic record containing it (47). He became known as an eloquent speaker for the cause of the abolitionists. Having himself been kept as a slave until he escaped from Maryland in 1838

Romanticism Romanticism And Romanticism - 1444 Words

Romanticism was a period time 1750 to 1870 in Europe, Latin America and The United States. Romantic Movement didn’t reach to France until the 1820’s. Romanticism main spirit was against of rule, law and formulas that classicism the different characterized of general in 18th century. Imagination, Subjectivity of approach, freedom, Expression and the idealization of nature will be focused in movement of Romantic Literature. In this period industrial revolution with the social and political norms form as age of enlightenment and against of scientific rationalization of nature. Some Literature element of that period will be emotional, imagination and suspense. Romanticism movement brings some of different writes such as John Keats, Blake William, Wordsworth William and other. They came with the different illustrated, poetry that expresses the language, emotion and imagination. Romanticism is a phenomenon characterized by subjectivity of approach and reliance on the imagina tion, An Idealization of nature and freedom of though and expression. In 1830 some of poets define romanticism as â€Å"liberalism in literature but the end of 18th century it was made cracks to classicism by poet called William Blake. Blake was inspired to write about the ancient thing as like all religions are one, and there is no religion, all their religion was made by people to improve life style. As this period of time all other poet like Wordsworth were writing about the war between France and England andShow MoreRelatedRomanticism : Romanticism And Romanticism1141 Words   |  5 Pagesmovements. Although Romanticism and Modernism differ in their styles, values, and ideology, they were both important periods in literature. Romanticism was a literary movement during the late 18th century until the early 19th century that had an emphasis on the imagination and emotions. The movement moved through every country in Europe, Latin America, and the United States from approximately 1750 to 1870. However, France did not see the movement until the 1820’s. Romanticism was basically a rebellionRead MoreRomanticism Vs. Romanticism : Modernism And Romanticism1050 Words   |  5 Pagesor what does it take to better the society? Well, the Europeans had adapted the Neoclassicism and Romanticism form of art belief, in order to find the answers that they were always looking for. Neoclassicism is the principal of logically viewing life in a mathematics and rational level, especially when it comes to solving worldly issues and it’s expressed through art and literature. However, Romanticism believe in the beauty of art, faith, and rely on intense emotions for judgement. Firstly, the societyRead MoreRomanticis m : The Era Of Romanticism1810 Words   |  8 PagesThrough the late 1700s and early 1800s, the period of Romanticism blossomed. â€Å"Romanticism† very loosely describes the era in which modern culture began to take shape. During the Romantic era, many advancements were made in all aspects of people’s lives and cultures. One aspect in particular has held great value even to this day. That aspect being the expansive amount of literature created during the era. The era of Romanticism had its name for a reason. It can be greatly attributed to the romanticRead MoreRomanticism1649 Words   |  7 PagesRomanticism in the Nineteenth Century The Romantic period followed the era of logical, philosophical, and social movement in the 17th to 18th century. However, as the 19th century began, Romanticism came into the light with a new perspective that intrigued the people. It stressed emphasis on emotions and imagination while also helping to realize the importance of self-expression. The American Romanticism movement illustrated inspiration, bias and predominance of individuals in the nineteenth centuryRead MoreRomanticism Essay833 Words   |  4 PagesRomanticism Soaked in sweat, I finally finished a mile run around the neighborhood. While grasping for air, my neighbor Kayla must have noticed that I took my daily run. She decided to bring me a bottle of water and converse a little while. One of the things we discuss was how I have been up multiple nights reading for all four of my classes that I have been taking this semester. Kayla was very shocked that I decided to enroll in British literature knowing that I strongly dislike the language differenceRead MoreDark Romanticism1392 Words   |  6 Pages4. Define â€Å"Dark Romanticism† as you understand it by discussing two works by different authors. Account for the rise of this kind of writing in America and evaluate its appeal and significance then and now. The Dark Side of Romanticism Romantic literary texts focus on the expression of emotion. Authors during the Romantic period developed and integrated the idea of the individual being the main focus in life. Romantic authors focused on the individual being at the center of their own happiness andRead MoreRomanticism And The Enlightenment1286 Words   |  6 Pagesgrowing, which emphasizes the scientific, practical evidence and rational thinking. Romanticism questioned the rationality of the truth of the road, that understanding the great mystery of life is not enough. These mysteries can be found with emotion, imagination and intuition. Nature is especially considered a self-discovery and spiritual learning classroom, the mysterious place can reveal the human mind. Romanticism emphasizes a life full of deep feelings, spirituality, and freedom of expression,Read MorePuritanism And Romanticism1825 Words   |  8 Pages There have been three major influential movements in American history—Puritanism, Rationa lism, and Romanticism. Each occurring during generally different time periods, they produced a number of different types of literature reflecting their beliefs at the time. The Puritans, being some of the first settlers in modern day America, relied heavily on beliefs they brought with them from the Church of England. Rather than simply being followers of their prior Church, Puritans believed in the Church asRead MoreRomanticism Essay1493 Words   |  6 PagesRomanticism Romanticism is a movement in the arts that flourished in Europe and America throughout much of the 19th century from the period of the French revolution in 1789. Romantic artists’ glorified nature, idealized the past, and celebrated the divinity of creation. There is a fundamental emphasis on freedom of self expression, sincerity, spontaneity and originality. The movement rebelled against classicism, and artists turned to sources of inspiration for subject matter and artisticRead MoreRomanticism Essay778 Words   |  4 PagesTIMELINE: ROMANTICISM 1800-1850 ïÆ'Ëœ 1749(-1832): Johann Wolfgang von Goethe was born (writer). ïÆ'Ëœ 1762: â€Å"Man was born free, and he is everywhere in chains.† Jean-Jacques Rousseau. ïÆ'Ëœ 1770(-1840): Neo-Classicism ïÆ'Ëœ 1770(-1850): William Wordsworth (writer) was born. ïÆ'Ëœ 1770: Industrial Revolution had an influence on the Romantic period. ïÆ'Ëœ 1785: Grim Brothers. ïÆ'Ëœ 1789: French Revolution. ïÆ'Ëœ 1800 Start of Romanticism ïÆ'Ëœ 1802(-1885): Victor Hugo (writer) was born. ïÆ'Ëœ 1802(-1870): Alexandre Duman

Partnership Law Assignment Free Essays

string(118) " there may be additional clauses within the agreement which have not been seen that could impact on the advice given\." Introduction and Issues The facts presented here indicate that a partnership has been set up between three individuals and that there is a partnership agreement in place to deal with the operation of the business. Several factual situations have arisen and this will require the partners to look at the agreement entered into between the parties, as well the statutory provisions that are contained within the Partnership Act 1890 (PA). When looking at the situations being presented here, it is recognised that there is a partnership agreement in place and this would need to be seen in its entirety, in order to advise fully. We will write a custom essay sample on Partnership Law Assignment or any similar topic only for you Order Now Based on the above, this discussion will look at the facts presented and the extract of the agreement, alongside the statutory provisions, in order to determine ultimately the way in which the various issues raised can be dealt with. This will depend on a combination of the statutory provisions and anything that may be in a partnership agreement. As the partnership agreement has not been seen, the basis of this advice is that the partnership agreement is in keeping with the statutory and common law provisions. Four key issues have been identified and will be discussed in turn. Firstly, there are queries in relation to the potential appointment of either Tina or Helen, both of whom are related to Andrea and for slightly different reasons she wishes them to be included in the partnership. Secondly, there is a question in relation to the potential expulsion of Julia from the partnership. Thirdly, a suggested arbitration clause has been requested and is contained below. Finally, there is the query of the liability of Michael to the supplier and his relationship with the partnership and the supplier, i.e. whether he was acting as an agent. Therefore the supplier could legitimately bring an action against the partnership for the money owed or the question as to whether Michael would be liable personally. Appointment of Tina and / or Helen There are duties placed upon partners by virtue of their entering into partnership arrangements. These are stated in the Partnership Act 1890. Firstly, there is the duty to act in the utmost good faith towards the other partners. Secondly, there is a duty for the partners not to make a personal profit and not to place themselves in a position when the interest conflicts with their duty. As there are three partners within the current partnership arrangements, a majority i.e. two of the partners would be able to agree the inclusion of another partner. In principle, therefore, if Catherine remains unhappy about the proposition, she alone could not block this appointment. It is however argued, particularly in the case of Tina, that Andrea is acting in breach of her fiduciary duties to the partnership by attempting to include Tina, simply so that the partnership could remain within her family, in the future. There is a strong argument that putting Tina forward is a conflict of interest and therefore should not be allowed by virtue of the Partnership Act. Therefore, Catherine could present this argument, even if she remains in a minority. The position in relation to Helen is somewhat more complex, as it could be argued to be in the partnership’s best interests to recruit a much needed bookkeeper who is suitably qualified. As it would seem that Andrea and Julia would vote in favour of including Tina and Helen in the partnership, it would then be up to Catherine to argue that Andrea is acting in breach of her duties. It would be considerably easier for Catherine to prove this in the case of Tina who seemingly has no purpose in the partnership save as to further Andrea’s interests. In reality, however, it would be necessary to look at the provisions of the partnership agreements, in order to ascertain what would happen in the event of a dispute. The ultimate sanction for a partnership that is no longer tenable is the winding up of the partnership and this may not be desirable to any of the partners (section 26). In that case, consideration should be given to any arbitration of the possibility or the opportunity of one party to buy another out. It is not clear what provisions are contained within the partnership agreement for this and therefore the rules established in the Partnership Act 1890 prevailed on the partnership, with the danger of being wound up, if no agreement can be reached. It is also noted that, in accordance with clause 20, a notice of expulsion could be issued upon Andrea stating that she has breached her duties as a partner within the partnership. Although Catherine is unhappy with their actions, there is no indication that Julia is insufficiently unhappy that she is likely to be willing to pursue this route, although it does present a potential option in the event that both Catherine and Julia feel sufficiently strongly that Andrea is breaching her duties, in attempting to ensure that the partnership stays within her family, in the future. Expulsion of Julia Firstly, it is noted that, in accordance with section 25 of the 1890 Act, there is no immediate right for the majority to expel a fellow partner within the partnership. Therefore, it is necessary for Andrea and Catherine to look at the provisions of the partnership agreement, in order to ascertain whether or not they have any legitimate way to expel Julia, based on recent events. An alternative would be to look at the dissolution of the partnership and there are certain conditions within the Act which allow for this, although at this stage it is not perceived to be the desirable route and instead both Andrea and Catherine are looking towards the clauses within the partnership agreement, in order to expel Julia. An extract of the partnership agreement, namely clause 20, has been provided and it is recognised that there may be additional clauses within the agreement which have not been seen that could impact on the advice given. You read "Partnership Law Assignment" in category "Essay examples" However, for the purposes of providing this advice, clause 20 will be looked at. It is possible for the remaining partners to provide a notice in writing to the partner who is in breach of clause 20, terminating their position within the partnership, if the partner acts in a way that is a breach of their duties, or if they have acted in a way that is contrary to good faith between the partners, such notice may be provided. In this case, Julia has been convicted of a criminal offence namely drunk and disorderly behaviour, with a recognition that Julia is undergoing difficult personal circumstances. The question here would therefore be whether this conviction is such that it breaches one of the partnership duties, or creates a situation where it cannot be said that Julia is acting in good faith, going forwards. It is suggested that, due to Julia’s current level of distress, there is a strong argument that the necessary good faith between the partners has irretrievably been eroded and that clause 20 is then utilised in order to expel Julia from the partnership. In the alternative to taking a litigious approach and given Julia’s existing unhappiness with the attempted changes from Andrea, a form of settlement may be possible, or arbitration to resolve the situation. It is unclear as to whether these situations are dealt with within the partnership agreement and further investigation is necess ary to prevent a potential dissolution or battle in relation to the expulsion of Julia. It is, however, concluded that the actions of Julia are sufficiently severe that they could be used in order to expel her. Arbitration Clause As evident above, it would be advisable for the partnership agreement to have some form of dispute resolution mechanism in place. A suggested wording for such arbitration or dispute resolution mechanism is as follows: â€Å"Except as otherwise provided, any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, or the legal relationships established by this agreement, shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration, which Rules are deemed to be incorporated by reference into this clause. (a) The number of arbitrators shall be one. (b) The seat, or legal place, of arbitration shall be London. (c) The language to be used in the arbitral proceedings shall be English. (d) The governing law of the contract shall be the substantive law of England and Wales. 33.2 This clause shall be without prejudice to the rights of any party to seek any injunctive or similar relief from the courts to protect its intellectual property rights, confidentiality obligations, restrictions on the activities of any Partner or former Partner or other rights of any description.† This offers a dispute resolution mechanism that is both certain and efficient in dealing with such disputes and does not require the dissolution of a partnership unnecessarily. Liability of Michael as Agent Finally, there is the issue of Michael who did not become a partner who was sufficiently involved at the outset that his name has been placed on stationery. The firm purchased equipment from a personal friend of Michael, based on this personal relationship, with the belief that Michael was a partner in the firm. The question here therefore is whether it is reasonable for the company to be taking action against Michael personally, or whether he was acting as an agent for the firm. Typically, where an individual is acting as an agent between the firm and the supplier and this is known by supplier, it is the firm that would remain entirely liable for any agreement entered into. However, in this case, it would seem that Michael was acting as for an undisclosed principal and the supplier was not aware that they were in fact contracting with the firm, which was a partnership which did not include Michael. The supplier seemingly believed that he was contracting directly with Michael as a partner within the firm. When this is the case the third party i.e. the supplier, has a choice as to whether they enforce the contract against the principal, i.e. the firm or the agent, i.e. Michael. The actual discussion or arrangement with Michael is not clear; however, it is known that Michael had his name on the stationery used to communicate with the supplier. Therefore, it would seem reasonable to suggest that the supplier would have felt they were dealing with Michael personally or at least as part of the firm. On this basis, and with the fact that the supplier is now concerned about the financial validity of the firm, it would seem likely that the firm is going to look towards Michael personally to be liable for the contract. Conclusions and Summary The position within this partnership remains volatile, with three separate partners all of whom have agreed to the partnership agreement, all having disputes of some nature with each other. Fundamentally, however, in accordance with the Partnership Act 1890, it is necessary for each partner to be acting in good faith and to the overall benefit of the partnership and not on their own account. This standard will need to be borne in mind when looking at Andrea’s proposition of bringing on board both of her daughters. There is seemingly little argument in favour of the partnership bringing on board Tina; however, this is slightly less obvious with Helen, as she brings necessary skills to the partnership. The majority of the partnership cannot vote to expel an individual, in this case Julia, unless such conditions are contained within the agreement. According to the extract of the agreement provided, an expulsion is possible where the partner was not acting in good faith. A crimina l conviction does not necessarily indicate bad faith and this would be a matter of fact to be determined by the two partners looking to expel Julia. Finally, there is a strong argument that Michael, by virtue of the firm stationery and potentially any discussions with the supplier, will be held personally liable, having acted as an agent for an undisclosed principal. Bibliography Atwood v Maule (1868) 3 Ch App 369 Blisset v Daniel (1853) 10 Hare 493 Partnership Act 1890 section 24 r.7 Partnership Act 1890 section 25 Maillie v Swanney (2000) SLT 464 Morse, G (2010) Partnership Law, Oxford University Press. p.153 Sealy, L Hooley, R Commercial Law: Text, Cases and Materials, OUP. P.122 Watteau v Fenwick, [1893] 1 QB 346 How to cite Partnership Law Assignment, Essay examples

My First Time Experience free essay sample

My first time experience I remember when I went scuba diving for the first time. It was the summer of 2002. My Dad, his two friends Mark and Bob, and I went on a scuba diving trip to San Carlos, Mexico with a group of scuba divers from June 21st-29th. It was June 22nd, a beautiful day. The temperature was at about 90 degrees and it was very sunny. I was on big nice scuba diving boat along with the other eight divers on the trip and captain and co-captain. The boat was headed to an island about two hours away called Seal Island; it was called that because of all the sea lions that inhabit it.When we arrived at the island the captain stopped and anchored the boat. I immediately jumped in the water and started snorkeling while all the other divers were still on the boat putting on their scuba equipment. We will write a custom essay sample on My First Time Experience or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page After being in the water for about two minutes wearing only a bikini, I started feeling this stinging sensation all over my body. After about another minute or so the stinging got so bad that I had to get out of the water and back on the boat. When I got on the boat I found that I had welts on every inch of my body that wasnt covered by my bikini.I had been stung a numerous times by a jellyfish. The captain of the boat, Chuey, a Mexican man who couldnt speak English poured this liquid substance all over my body, and immediately made all the stinging go away. I knew then that when I got back in the water I would have to wear a wetsuit. A little while later, after I recovered from the jellyfish stings, I put on my wetsuit, weight vest, regulator, BC, tank, fins, and mask, all the equipment essential for scuba diving.I was pretty nervous about going down, so the instructor, a man named Punk Potter (really thats his name) went over all the steps equalizing, breathing, and reassured me everything is going to be okay and to just relax. Finally, after lots of reassuring and encouragement I jumped in the water. The instructor went down with me. We took it slow and gradually started going down. I was breathing pretty fast at first from being nervous, but I gradually started to relax. We kept going further and further down until we eached the bottom at 42 feet below the surface. On the way down I saw schools of angelfish and many other fish that I couldnt identify. When I got to the bottom I saw two moray eels that were really scary looking. I kept my distance from them, for I could see that the whole roof and bottom of the inside of their mouths were covered with razor sharp teeth. I saw a crab that was humongous, it was about 2 by 2 feet big. I saw plenty of jellyfish that I now didnt care for because of the earlier encounter that I had with one. I saw a manta ray that was amazing. It was beautiful how it just glided through the water so gracefully. I wanted to grab onto it and go for a ride like you see on TV, but I was a little too scared to do that just yet. It was the coolest visual experience of my life, seeing a whole different world something that not everyone gets to see like I did. On the way back up towards the surface I saw a sea lion that was about the size of my Dad. It seemed like it just appeared out of nowhere and popped up right in my face.It scared the daylights out of me. It was curious about what I was, for it was swimming circles around me, looking me up and down, and just staring at me in the face. Im sure that I looked like an alien to it with all of my scuba equipment on. It was so cute. The sea lion reminded me of my dachshund at home, Roxy, except a lot bigger and with its ears cut off. I swam up to the surface after being down for 45 minutes. I was so happy and excited when I got back on the boat. I told everyone of my experience. It was the coolest experience of my life. I went five more times on that trip and there will be many more in the future. It made me feel very brave, for scuba diving takes a lot of guts and not everyone can do it. It is a very dangerous and risky sport. You can die anytime by making just one of the many possible mistakes. I am very proud of myself for doing this. I think that by doing it, it revealed about my character that I am a risk taker, brave, and curious to see and experience new things.