6. Partnership Property

Author(s):  
Geoffrey Morse

This chapter determines the ‘partnership property’ of partners in a firm and the issues that emerge in determining them. It first defines partnership property under the Partnership Act 1890 and then looks into five potential problem areas. First, there is the issue of when there is an insolvency both of the firm and its partners. The second problem area happens if an asset is of beneficial ownership. The third problem area is during the application of fiduciary duties where an asset is a partnership asset, the rules of equity will apply to any profit or benefit derived by a partner from that asset. The fourth happens where partnership property is to be held by the partners as trustees for themselves beneficially as tenants in common. Lastly, the fifth area concerns the application of the equitable doctrine of conversion to partnership property.

2012 ◽  
Vol 5 (2) ◽  
pp. 294-353 ◽  
Author(s):  
ANDREW ARANA ◽  
PAOLO MANCOSU

Traditional geometry concerns itself with planimetric and stereometric considerations, which are at the root of the division between plane and solid geometry. To raise the issue of the relation between these two areas brings with it a host of different problems that pertain to mathematical practice, epistemology, semantics, ontology, methodology, and logic. In addition, issues of psychology and pedagogy are also important here. To our knowledge there is no single contribution that studies in detail even one of the aforementioned areas.In this paper our major concern is with methodological issues of purity and thus we treat the connection to other areas of the planimetry/stereometry relation only to the extent necessary to articulate the problem area we are after.Our strategy will be as follows. In the first part of the paper we will give a rough sketch of some key episodes in mathematical practice that relate to the interaction between plane and solid geometry. The sketch is given in broad strokes and only with the intent of acquainting the reader with some of the mathematical context against which the problem emerges. In the second part, we will look at a debate (on “fusionism”) in which for the first time methodological and foundational issues related to aspects of the mathematical practice covered in the first part of the paper came to the fore. We conclude this part of the paper by remarking that only through a foundational and philosophical effort could the issues raised by the debate on “fusionism” be made precise. The third part of the paper focuses on a specific case study which has been the subject of such an effort, namely the foundational analysis of the plane version of Desargues’ theorem on homological triangles and its implications for the relationship between plane and solid geometry. Finally, building on the foundational case study analyzed in the third section, we begin in the fourth section the analytic work necessary for exploring various important claims about “purity,” “content,” and other relevant notions.


2002 ◽  
Vol 11 (02) ◽  
pp. 167-188 ◽  
Author(s):  
YOUSSEF HAMADI

The adaptation of software technology to distributed environments is an important challenge today. In this work we combine parallel and distributed search. By this way we add the potential speed-up of a parallel exploration in the processing of distributed problems. This paper extends DIBT, a distributed search procedure operating in distributed constraint networks.11 The extension is threefold. First, the ordered hierarchies used during backtracking are extended to remove partial orders. Second the procedure is updated to face delayed information problems upcoming in heterogeneous (We would like to thank here M. Yokoo for rising this potential problem.)Third, the search is extended to simultaneously explore independent parts of a distributed search tree. The first and third points were first presented in 1999.7 The third improvement introduces parallelism into distributed search, which brings to Interleaved Distributed Intelligent BackTracking (IDIBT). Our results show that 1) insoluble problems do not greatly degrade performance over DIBT and 2) super-linear speed-up can be achieved when the distribution of solutions is non-uniform.


1970 ◽  
Vol 5 (2) ◽  
pp. 249-255 ◽  
Author(s):  
Aharon Barak

Can the members of a company in general meeting ratify a transaction of the directors by simple majority, when the latter—in breach of their fiduciary duties—have not acted “bona fide in the interests of the company”? This question is likely to prove of importance in a number of different contexts. In Bamford v. Bamford it arose in connection with the validity of an act of the directors in the sphere of the company's relations with a third party—the contention that the act was invalid having been made by the minority shareholders, who objected to ratification, and not by the third party himself. The possibility of ratification gives rise to two questions: is the general meeting of the company the competent organ to exercise this power? And, assuming that it is, can the act done in breach of a duty be ratified by it by simple majority? In the Bamford case it is only the former aspect of the problem that is considered.The articles of the company vested the power to allot shares in the directors. In exercising this power the directors failed to act “bona fide in the interests of the company”. Their act was ratified by the members in general meeting by simple majority and the validity of the ratification was challenged. Both the judge of first instance and those sitting on appeal decided that it was valid. Plowman J., in the Chancery Division, held that, since the directors had been actuated by an improper motive, they thereby lost their power of allotment, which accordingly vested in the general meeting, as the organ of the company with residual power in this respect. The general meeting—he went on to hold—could ratify the directors' action by simple majority. Harman L.J. and Russel L.J., in the Court of Appeal, reached the same conclusion— but for different reasons. In their opinion, the fact that the directors allotted the shares for an improper motive does not mean that what they did was in excess of their powers; the allotment simply became voidable. The power to remedy the defect—they held—is in the hands of the general meeting, which can exercise this power by simple majority.


1967 ◽  
Vol 31 ◽  
pp. 177-179
Author(s):  
W. W. Shane

In the course of several 21-cm observing programmes being carried out by the Leiden Observatory with the 25-meter telescope at Dwingeloo, a fairly complete, though inhomogeneous, survey of the regionl11= 0° to 66° at low galactic latitudes is becoming available. The essential data on this survey are presented in Table 1. Oort (1967) has given a preliminary report on the first and third investigations. The third is discussed briefly by Kerr in his introductory lecture on the galactic centre region (Paper 42). Burton (1966) has published provisional results of the fifth investigation, and I have discussed the sixth in Paper 19. All of the observations listed in the table have been completed, but we plan to extend investigation 3 to a much finer grid of positions.


1966 ◽  
Vol 25 ◽  
pp. 227-229 ◽  
Author(s):  
D. Brouwer

The paper presents a summary of the results obtained by C. J. Cohen and E. C. Hubbard, who established by numerical integration that a resonance relation exists between the orbits of Neptune and Pluto. The problem may be explored further by approximating the motion of Pluto by that of a particle with negligible mass in the three-dimensional (circular) restricted problem. The mass of Pluto and the eccentricity of Neptune's orbit are ignored in this approximation. Significant features of the problem appear to be the presence of two critical arguments and the possibility that the orbit may be related to a periodic orbit of the third kind.


1988 ◽  
Vol 102 ◽  
pp. 79-81
Author(s):  
A. Goldberg ◽  
S.D. Bloom

AbstractClosed expressions for the first, second, and (in some cases) the third moment of atomic transition arrays now exist. Recently a method has been developed for getting to very high moments (up to the 12th and beyond) in cases where a “collective” state-vector (i.e. a state-vector containing the entire electric dipole strength) can be created from each eigenstate in the parent configuration. Both of these approaches give exact results. Herein we describe astatistical(or Monte Carlo) approach which requires onlyonerepresentative state-vector |RV> for the entire parent manifold to get estimates of transition moments of high order. The representation is achieved through the random amplitudes associated with each basis vector making up |RV>. This also gives rise to the dispersion characterizing the method, which has been applied to a system (in the M shell) with≈250,000 lines where we have calculated up to the 5th moment. It turns out that the dispersion in the moments decreases with the size of the manifold, making its application to very big systems statistically advantageous. A discussion of the method and these dispersion characteristics will be presented.


Author(s):  
Zhifeng Shao

A small electron probe has many applications in many fields and in the case of the STEM, the probe size essentially determines the ultimate resolution. However, there are many difficulties in obtaining a very small probe.Spherical aberration is one of them and all existing probe forming systems have non-zero spherical aberration. The ultimate probe radius is given byδ = 0.43Csl/4ƛ3/4where ƛ is the electron wave length and it is apparent that δ decreases only slowly with decreasing Cs. Scherzer pointed out that the third order aberration coefficient always has the same sign regardless of the field distribution, provided only that the fields have cylindrical symmetry, are independent of time and no space charge is present. To overcome this problem, he proposed a corrector consisting of octupoles and quadrupoles.


Author(s):  
Oktay Arda ◽  
Ulkü Noyan ◽  
Selgçk Yilmaz ◽  
Mustafa Taşyürekli ◽  
İsmail Seçkin ◽  
...  

Turkish dermatologist, H. Beheet described the disease as recurrent triad of iritis, oral aphthous lesions and genital ulceration. Auto immune disease is the recent focus on the unknown etiology which is still being discussed. Among the other immunosupressive drugs, CyA included in it's treatment newly. One of the important side effects of this drug is gingival hyperplasia which has a direct relation with the presence of teeth and periodontal tissue. We are interested in the ultrastructure of immunocompetent target cells that were affected by CyA in BD.Three groups arranged in each having 5 patients with BD. Control group was the first and didn’t have CyA treatment. Patients who had CyA, but didn’t show gingival hyperplasia assembled the second group. The ones displaying gingival hyperplasia following CyA therapy formed the third group. GMC of control group and their granules are shown in FIG. 1,2,3. GMC of the second group presented initiation of supplementary cellular activity and possible maturing functional changes with the signs of increased number of mitochondria and accumulation of numerous dense cored granules next to few normal ones, FIG. 4,5,6.


1996 ◽  
Vol 5 (1) ◽  
pp. 67-78 ◽  
Author(s):  
Kenyatta O. Rivers ◽  
Linda J. Lombardino ◽  
Cynthia K. Thompson

The effects of training in letter-sound correspondences and phonemic decoding (segmenting and blending skills) on three kindergartners' word recognition abilities were examined using a single-subject multiple-baseline design across behaviors and subjects. Whereas CVC pseudowords were trained, generalization to untrained CVC pseudowords, untrained CVC real words, untrained CV and VC pseudowords, and untrained CV and VC real words were assessed. Generalization occurred to all of the untrained constructions for two of the three subjects. The third subject did not show the same degree of generalization to VC pseudowords and real words; however, after three training sessions, this subject read all VC constructions with 100% accuracy. Findings are consistent with group training studies that have shown the benefits of decoding training on word recognition and spelling skills and with studies that have demonstrated the effects of generalization to less complex structures when more complex structures are trained.


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