Law for Manager Essay

The partnership act 1890 governs the relationship of the persons and the outside world. And in respect of dissolution; if there is no partnership agreement, the partnership act set out the rights and duties of the partners. Such rights and duties (by act or agreement) may be varies by the consent of all partners. (S 19). ‘The relation which subsists between persons carrying on a business in common with a view to profit. ’ Under S24 (5) ‘in common’ means every partner has a say in the firm. The members are only liable for their subscription unless the partnership agreement says otherwise. Saywell V Rope [1979] the wives are not in the partnership as no evidence suggested. ‘Person’ includes a corporation as well as individuals. Companies can enter partnership. ‘With a view to profit’ means certain organisations are excluded. E. g. club or society has no view to profit. Pitreavie Golf Club V Penman [1934] creditor sue under partnership, held, Club’s motivation was to allow member to play not share in profit. ‘Business’ included every trade, occupation and profession. Keith Spicer Ltd V Mansell [1970] Claimant sue the partnership for debt owned, held, there were no partnership so claim failed. Because def carrying on business with no view to profit. It is important to determine whether a partnership exists. For tax reason. When acting in the course of business, the company will bind the other partners to outsiders. S. 24 right to share in profit, management, duties and faith since the arrangement is uberrimae fidei. S. 35 dissolution. If not acting in good faith then the court can dissolve the partnership. S. 28 duty to disclose, bond to render true account of all things affecting the partnership to any partners or their legal representatives. Law V Law [1905] – After the sales agreement there is a partnership asset that was not hidden from the account. But W had lost the right to avoid the contract as he takes the money while knowing disclosure had not made. Held: the agreement to sell shares is avoidable. The contract may be verbally, written or in deed. Basic: A partnership is not a company since it is not incorporated; therefore it has no legal personality separate from its members. Partnership may be implied by conduct where a ‘person holds himself out’ as being a partner. Then he will be liable for the debt incurred S. 4 Under the Rules of the Supreme Court 1965, the partners may be sued in the firm’s name. In KHAN & OTHERS V MIAH & OTHERS [2000] HL confirmed that partnership begins at the point of agreement, not the point when the trading starts. S. 5 each partner is an agent for the firm, has the power to bind the firm by his conduct. The partner is agent as far as he’s acting on the firm’s ordinary activities. Mercantile Credit Co V Garrod [1962] – G was sleeping partner and partnership agreement prohibited the sale of cars which P did. Held: G was bound by contract by virtue of S. making the contract was the doing of an ‘act for carrying on in the usual way business kind carried on by the firm. ’ S 29 (1) every partner must account to the firm for any benefit made by him from any transaction concerning the partnership, it property, name or business connection. Bentley V Craven [1853] C brought products at low price but sell them to the firm at wholesale rate. Held: C can’t retain the profit from these transaction and profit need to hand to the firms. C had used partnership asset, his position to make profit. No person may be introducing as a partner without the consent of all partners. Consent is implied by the other partner when they sign the article. Any different concerning the running of the business, it must be resolved by a majority vote of the partners. If a fundamental change is proposed, requires consent of all partners. S. 9 every partner is liable jointly with the other partner for all debts and obligation of the firm. The civil liability Act 1978 provided that judgement recovered against any person liable jointly with another, shall not be an action brought against the other. Business name. The firm’s name can’t be used to fraudulently imply that the business is identical with another business. A person’s business suffers in the same name/similar name may bring a ‘passing off’ action and obtain an injunction stopping the defendant. ANNABEL’S (BERKELEY SQUARE) Ltd . VG. SCHOEK[1972] S. 30 If any partner without the consent of the others, carries on business of the same nature as and competing with that of the firm, he must account for and pay over all profits made in that business. In the absence of any agreement to the contrary, a partner can carrying a non-competing business which does not involve the use of the firm’s property. Croft V Day [1843] Mr Day uses the same trade name as the other in the same street. Held: the injunction was granted preventing the new firm from trading under the name Day and Martin, the intention of the new firm was to deceive the public. Under S. 34 it is a c riminal offence for a partnership to use the word ‘limited or ‘ltd’ in its name. Partnership agreement terms: Name of partners; Date on the start and end of the partnership; How profit and loss being shared; How much may each partner draw monthly; At which bank the partner maintain its account; Principal asset; Submission of disputes to arbitration; The partnership is based on agreement and they are free to alter them. S. 9 say the decision may be made unanimously; a partnership can’t be formed for an illegal purpose. Types of partnership: 1) General partner takes active role in the daily management and has share in the loss and profit. 2) Sleeping partner contributes capital, take share in profit and liable for debt. But he does not take part in daily management. 3) A partner by holding out is not a true partner in the firm. He’s liable for financial obligation of the firm. MARTYN V GRAY [1863] Under S. 14 a person can become liable for debt if he by word or conduct represent or other to represent that he’s a partner. E. g. his name on the firm’ letter. ) Salaried partner is an employee becomes ‘holding out’, he received salary and bonus depends on the profit. The 1890 Act does not deal with them. 4) LLP is a member under the LLP Act 2000. Change of partners. The death of the partner may dissolve the partnership, but the agreement should allow the partnership continue between the other partners. On the death of the partner, the estate is not liable for debts incu rred after his death, even if the creditor was unaware of his death. S 17 (1) New partners are not liable for debts before they joint the partnership. The right to sue a new partner may be acquired by novation. Where an agreement between the creditor; the new agreement and the old firm is made, and the original contract is therefore discharged, and the new firm is accepting the liability for the debt. Byrne V Reid [1902] the claimant can introduce his son as partner when they are 21, held, other partner could not refuse because this is layout in the partnership agreement. The retirement of a partner: S. 17(2) He may be discharged from any existing liability by agreement (novation) between him, the firm and the creditors. Creditors are not force to accept novation and may still regard the retiring partner as liable for debt. The retiring partner can get compensation from the other partner. Under S. 36, the retiring partner will be liable for debt if: 1)To person dealt before his retirement unless given written notice that he’s no longer a partner or 2)To person who had no previous dealing with the firm before but know the composition before retirement. Unless the retirement person has given notice or had advertised in the London Gazette. Such notice is effective without consent. Liability for wrongs: 1)S 10 provides that any wrongful act or omission of any partner acting in the course of the business or with authority of co-partners. Any loss or injury is caused to person which is not a partner. The firm is liable to the same extent as the partner committing the wrong. This liability is jointly and several. 2) In HAMLYN V HOUSTON & Co [1905] a firm was liable to compensate a claimant where one of the partners had bribed a clerk employed by the claimant in order to obtain information about a rival’s business. 3) The firm will be vicariously liable for the torts committed by its employees in the course of their employment. 4) Lloyd V Grace, Smith & Co [1912]. Advantages of partnership: Uphold of capital, being responsible, share expertise, share resources, share profit and flexibility. Disadvantages of partnership: Conflict, jointly and severally liability, sharing debt/loss. Differences: 1) A company is a type of corporation, registered under company legislation. Company act 2006. The members of the company may have limited liability. The company’s debt belongs to the company not the shareholders, even if the company is insolvent. 2) A partnership is ‘the relationship which subsists between persons carrying a business with a view to profit. ’ S 1 Partnership act 1890. It’s an unincorporated association, having no separate legal personality from the partners. It may have firm’s name but not corporate status. Partners are responsible for the acts of the firm. Partners have unlimited liability and responsible for partnership’s debt. 3) LLP is registered at the companies’ house and received a certificate of incorporation. LLP is corporate bodies having separate personality from their members. LLP is personally liable to the third party for wrongful acts and might be liable in the insolvency. They are tax as partnership, flexible, trading disclose, accounting and filing similar to the company. They can also lend and raise floating charge. Perpetual succession 1) A company has perpetual succession; it is not affected by the death of the shareholders or change ownership of its shares. It continues to exist until it wound up by court/its members. 2) A partnership may be terminated on the death, retirement, bankruptcy or insanity of a partner. 3) LLP is incorporated, so not affected by the death etc. of a partner. His share may be inherited but the beneficiary will not be able to take part in management, only share in profit. A company has separate legal personality from its members. Salomon V Salomon & Co [1897], Lee V Lee’s air farm Ltd [1961], Macaura V Northern Insurance [1925], Cox V Coulsons [1916] – An actor shoot an audience in accident and claimant sue for damage in the partnership of the theatre (def) and theatrical company. Held: def is not in partnership with the actors company so not liable, neither of them are agent. Corporate veil can be lifted where there’s evidence of fraud/illegality. Gilford Motor Co V Horne [1933], Daimler Co Ltd V Continental Tyre Co [1916] (War time), Chandler V Cape Plc. Civil law-compensation; Criminal law –retribution/punishment. Lift corporate veil to target parent company; but difficult, usually subsidiary. Ownership; Separate ownership and management in a company; Small company has ownership and management in the hands of CEO; in a partnership there’s unity of ownership and control. All partners have right to management. Accounts; Company accounts have to be laid before the general meeting, published and audited. They are open to public inspection; Partnership accounts are not subject to public inspection and no need audited; LLP account need auditor’s report and have be sent annually to company’s house and to each member. Tax liability; Corporation tax paid on company’s profit, income tax by shareholders on dividend; Income tax is paid by partners as self-employed; LLP are tax as partnership. Shares. 1) Shares in listed companies re freely transferable. Private companies may impose restriction on transferring oh shares. Company can issue shares of different class with right attached to the shares. 2) A partners share is not freely transferable. New partner can be introduced with consent of all partners. In the absence of agreement, all partners have equal rights regarding the firm’s affairs and shares in capital, profit and losses. 3) a member of LLP may leave by agreement or by given notice. (S. 43 of the 2000 act) The firm is not dissolving on the departure of the member so no shares in the LLP’s assets. Unless agreement provides otherwise. Formalities: 1) To form a company requires registration to be complied with payment of fees. During lifetime of the company there are administrative formalities to be complied. Certain information (change of article/special resolution) need to submit to registrar. Information about a company’s affairs is readily available at company’s house or company’s registered office.  This also applies to LLP. 2) The formation of partnership has no legal requirement to be complied. But the business names act 1985 applies the partnership being based on agreement between the partners. No requirement for partnership except those affecting the business. E. g. registration for VAT, return of profit from HMRC. The public has no right to access material concerning partnership affairs. 3) LLP required submitting an annual return and accounts to companies’ house and keeping accounts in accordance with company legislation and daily records disclosing the financial position of the firm. The veil of incorporation, it was established in Salomon that a registered company is a legal person separate from its members. This principle may be referred to as ‘the veil of incorporation’. In general the law will not go behind the separate personality of the company to its members. Restated by Lightman J in Acatos and Hutcheson Plc V Watson [1995]. Principle of separate identity should be upheld unless there was a specific statutory provision or some other contractual term or common law principle to the contrary. Therefore, when the company is incorporated the veil of incorporation comes down, giving the company a separate legal personality from its members. Fraudulent trading, S. 213 of the insolvency act 1986: 1) If it appears that ‘any business of the company has been carried on with intent to defraud creditors of the company or of any other person, or for any fraudulent. 2) Purpose ‘it may order that ‘any persons who were knowingly parties to the carrying on of the business in the manner above mentioned are to be liable to make contributions to the company’s assets as the court thinks proper. 3) S. 993 CA 2006 Criminal offences of fraudulent trading. 3) High standard of proof. S213 of the IA 1986 provides that if in the winding up of a company it appears that the business has been carried on with the intent to defraud creditors or for any fraudulent purpose, the court, on the application of the liquidator, may declare that any persons who were knowingly parties to the fraudulent trading shall make such contributions to the company’s assets as the court thinks fit. ) S214 of the IA 1986 provides that where the liquidator of a company can show that D prior to liquidation, knew or ought to have known that there was no reasonable prospect that the company could avoid insolvent liquidation, and did not take steps to minimise the loss to creditors, the court may require D to make personal contribution to the company’s assets. Does not have to be dishonest, unreasonable behaviour or negligence. Reproduce Marketing Consortium Ltd [1989] Company become insolvent Ds directors were not dishonest but failed to take action. Held: the directors know that liquidation will occur, but fail to minimise loss during the disposal of assets. 5) S216 of the IA 1986 provides a criminal offence is committed. Directors or shadow directors during the 12 months prior to the company’s insolvent liquidation who concerns himself during the next 5 yrs in the formation or management of the business with a name similar to the earlier company. S 217 imposes personal liability on such a person for the debts and liabilities of the second company. Ricketts V AD Valorem Factors [2003]. ) Under S15 of the Company directors disqualification Act 1986, a person who has been disqualified continue acting in the management of a company will b e liable for the debts of the company contracted during that period. He can be guilty of a criminal offence under S13. Lifting the veil 1) Disqualified director. S. 15 of the company directors disqualification Act 1986, where disqualified from being a directors in contravention of disqualification. D liable for all debts of the company which were incurred when he was so acting. The same applies to the person who knowingly acts on the instructions of a disqualified person. ) S. 122(1) of the Insolvency Act 1986 petition to wind up a company on the grounds above. That it would be just and equitable to do so. For instance the court might look into why the company was formed. 3) Company name: S349 companies act 1985. E. g. directors or secretary issues or signs on behalf of the company, a bill of exchange or order for goods under the company’s name incorrectly stated; they are liable if the company defaults. 4) Penrose V Martyr [1858]-a company’s secretary accepts a ‘bill’ drawn on the company’s name on which the name was incorrectly written. The company defaulted. Held: The secretary was personally liable. 5) Trading certificate. Where no certificate has been obtained to enable a public company to commence trading, the directors commit a criminal offence and are personally liable to indemnify the other party for loss if the company defaults. However, failure to obtain the certificate does not affect the validity of any contract. Judgement. It is difficult to be precise about the circumstances when a judge will be prepared to lift the veil of incorporation. In Wolfson V Strathclyde Regional Council [1978] the COA laid down the principal that it is only permissible for a court to lift the veil where ‘special circumstances exist indicating that the company is a mere facade concealing the true facts. Gilford Motor Company Ltd V Horne [1933], Jones V Lipman [1962], DHN Ltd V Strathclyde RC [1978], Adams V Cape Industries Plc and Another [1991]. Judges lift veil to reveal fraud, sharp practice, oppression and illegality. Judge have lifted the veil in the: 1) Alien enemies. During war time, where a company is control by enemy aliens contract will be unenforceable by the company. A company registered in the UK may be an alien enemy if those in control to its affairs are alien enemies. Daimler Co. Ltd V Continental tyre and Rubber Co Ltd [1916]. 2) Where company is formed to enable persons to evade existing liability there’s abuse of company law. Gilford Motor Co Ltd Horne [1933] an ex employee was personally bound by a valid restraint of trade from approaching his former firm’s customers. He set up new company to solicit customers of his previous employer. Held: The Company was a mere sham to cloak the wrong doings of the director and the court grant the injunction against the new company as well as against him. ) Lord Denning as prepared to life the veil in Wallerstiner V Moir [1974] there was fraud surrounding the making of a loan to director. The company of which he was a director made a loan to another company which was his ‘puppet’, so the loan should be treated as made to him. 4) Interest of justice. Creasey V Breachwood Motors Ltd [1993] an employee successfully claimed unfair dismissal against a company to whom all the assets of the original company, owned by the same individuals, had been transferred. However, the corporate veil can only be pierced if there is some evidence of impropriety or fraud. 5) Conflict viewpoint. In Creasey V Breachwood Motors Ltd [1994] the judge said ‘the power of the court to lift the corporate veil exists. The authorities provide little guidance as to the circumstances in which this power is to be exercised. ’ However, in Williams V Natural Life Health Foods Ltd [1998] the HOL took the view that the corporate veil was sacrosanct and should only be lifted in the most exceptional circumstances. ) In Trustor AB V Smallbon [2001] the def, a managing director had transferred substantial sums to another company. The Chancery Division was prepared to pierce the veil and recognise the receipt by that company as that of the individual in control, because it was used as a device or facade to conceal the true fact. However, in the absence of impropriety or fraud the courts will not pierce the veil. 7) Corporate manslaughter. Gross negligence manslaug hter- is the veil lifted here? Is the veil lifted in case where corporate manslaughter is established?

Apple's climb back from the depths of bankruptcy Essay

Apple's climb back from the depths of bankruptcy - Essay Example To rescue the company from this mess, the marketing manager ought to have used marketing mix appropriately as follow:- Apple should have used the correct promotional mix for their product. This mix concerns how the Apple should have made their product known to the market. This involves the use of advertisements, direct selling, public relations and sales promotion. When an appropriate promotion is used to make the product to be known to the market, it creates a big impact on the sales since customers will be aware of the existence of the product and they will not only buy it but also recommend it to their friends and relatives. The kind of a product that will be produced by Apple creates a very big impact on the sales. For this case, product planning and marketing for Apple should be done appropriately to ensure the concern of the market is addressed. Apple Company should have ensured their products are distributed on time to the market so that they are available at the market when they are needed by the customers. For this case, the distribution channel to be used by the company plays a big impact on the success of the company. Apple Company must have ensured their products were distributed to a wide geographical location to increase the market share. Why do you think companies like Sony, which were already well known for Walkman and Discman technologies did not move into the MP3 player market more quickly Why was it left to Apple to aggressively move into the digital music player and distribution market Before a company can move to a new technology, they must weigh a number of options like the impact the technology would have on the industry. For this case, companies such as Sony which was well known for Walkman and Discman technologies could not move into the MP3 player market without first of all knowing the impact the technology would have on the music industry. By conducting a feasibility study on the impact the new technology would have in the market, it ensured that they were aware what the market needs and wants were and it would also have given them a chance to clear out the stock of their old products. If Sony just moved into the MP3 player market without being sure of the impact, it would have been risky for them since before a technology is accepted in the market, it might take some time and sales would have been low. Having waited for the technology to be accepted in the market, it ensured that their market share and sales would remained high. Question 3 The average cost of an iPOd nano with 8MB memory is 125. The average cost of a Creative Zen Micro with 8MB is 85. Both play digital music and both are equally rated on sound quality and battery duration. So what explains a huge price premium The prices that have been set for the two products seem to be different with a difference of 40 whereas they have the same capacity. For a company to have a high market share for their product, they must ensure that they have a number of brands each having different price with the other. There are customers who associate prices with quality. They believe that the high the price,

Small business Assignment Example | Topics and Well Written Essays - 1000 words

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Aston Martin Crash Structure - Coursework Example Furthermore, it is required to be as light as possible in order to optimize the fuel economy and increase the car performance. An Aston Martin crash beam has had various designs over the years, and each of the designs has its drawbacks and benefits (Zhao, 2013). The adventure with the composite materials started in 1953 and has advanced. The composites have demonstrated reliability, fatigue resistance, lightweight, and easy moulding to any shape; the composites are attractive alternatives to metals. Despite their merits, there are minimal transfers from metals to the composites in the automotive industry (Startsev, Ponomareva and Anikhovskaya, 2013). For proper utilisation of the composites in crash beam manufacture, issue of: design, structural simulation, light-weighting, modelling, the crashworthiness, joining, manufacturing, repair, recycling and the new material concepts. Priorities in the manufacture of the crash beam include: The identification and addressing of the material r esearch, for composites, needs of the crash structure is required, and can be achieved via the new and improved concepts or technologies for the composite material for crash beam applications that lead to an increased utilisation of the composites and improved crash beam solutions (Startsev, Ponomareva and Anikhovskaya, 2013). The composite processing durations are lengthy, their raw materials, for example resins and fibres are relatively expensive, in addition, it not easy to achieve high quality object surface finishes.

Risk in the business world Essay Example | Topics and Well Written Essays - 250 words

Risk in the business world - Essay Example There are four basic ways in which a CFO can handle risk; avoid, reduce, assume, or transfer the risk (Silverman, n.d.). A CFO’s attempts should be directed at managing risk in the very order as mentioned here. Personally, a CFO handles risks by collaborating with and influencing the CEO, and also by maintaining independence (Egon Zehnder International, 2008). The challenge for a CFO is to focus on controls, and at the same time, on business partnering. Being able to balance the two conflicting claims enables a CFO to deliver business results. Professionally, a CFO handles risk by trying to assess it in advance and informing the concerned authorities so that it can be managed in time and effectively, if encountered. The best source of risk assessment is historical records and past experiences coupled with expert opinion. In addition, various software like Primavera Risk Analysis can be used to assess and manage risks involved in a

Transcendentalism in the movie Avatar and how both relate to nature Essay

Transcendentalism in the movie Avatar and how both relate to nature - Essay Example In this movie, transcendentalism is shown when Jake, the main the character breaks from his government and conforms to the natives’ ideology of the importance of nature. Nature is holy to the natives in the movie with God-like powers. Pantheism is the worship of creation. Transcendentalists believe that nature is a way of connection with God. The tree of souls in the movie is as a link to their mother. The destruction of nature by the government is similar to the industrial movement at the beginning of transcendentalism. Technology is as bad and a destroyer of nature. The technology in the movie serves to harm nature, as is believed by transcendentalism (Grabiner 59). Avatar is transcendental in the way it portrays nature and new life. The religion in Avatar portraying God as being Supreme over all beings originates from transcendentalism. The most important message in Avatar is respect for nature. Some of the aspects portrayed in the movie are relevant in the world today. Nature is important and needs to be respected and preserved. It is important not to sacrifice nature at the expense of other benefits (Smitha

Alcoholic - Homebrew Lyrics Response Essay Example for Free

Alcoholic Homebrew Lyrics Response Essay hi everybody, welcome to the wednesday meeting, yep yep. um everybody give it up for eli, first of all, whos been offthe meth for a whole month now, and his wifes getting outof jail next thursday, is that right? anyway weve got a new speakertoday so big round of applause for this young man here. its been about a week nowIm startin to get weak nowI wake up at 11:30 thats when I start getting thirsty andI dont know what it isall I know theres a bottle in the fridgewith my name on itif I want itcause Im an alcoholic and I knowyeah hi my name is Tom Im an addictcant really remember just how long I been at itIm guessin that this happened like a pattern and a problemcause my fathers a fiend andso was mum so its somethin like part of my genesbut its hard to get clean but its hard to sustainbut at the end of it I really can only answer to meand its the way it is I truly learned thatso dont give me all that. Channeling the universe crapthats a load of s**t I aint tryna to pass the blamelike its just a part of fateand I aint got a part to playcause if thats the case then I really cant escapemight as well just start the day with a glass of chardonnaylike my dad does thinking that time can never catch usfollowing my nose kinda like my bro. Haz doesbut Im scared Ill end up in a home like daz wasthat dude went mad once,but na f**k that buzzIm looking for a little morebut s**t is rawcause its just a little short walk to the liquor store,a little more to middlemoremy mind keeps saying this is what Im living for but my liver isnt sureits 6 In the mornin were about to close the clubbut we know the owner so were there until they open upand thats why Im broke as f**k bank account Golden Duckblowing bucks on these drugs going nuts tryna sober upI woke up Friday morninglying on the floor in a one man cellhe said I punched that C**Tstablehow many lies can one man telland now Im on probationIm getting rehabilitationasking for some explanation. I saidI just like getting wastedso dont ask why Im stonedand look lady I dont knowsign my forms so I can gocause I got court at 9 tomorrowand if the judge is a b***h I could even jump of a bridgeor go get on itcause Im an alcoholic and I knowI f****n hate this placef****n hate this place more than f****n ace of bassf**k what this lady says I bet shes smoked moresmack than Ive ever drunk beerand then she asks me if I been high this week; f**k yeah! Ive been high like a pilotwhy try to deny I wont lie iv been wiredpopping E like vitamin cyou wanna read my mind like a psychicyou really wanna know why. I get highcause I like itdoes it really take a f****n Einstein to figure that outhow much more s**t can you spit out your fat mouthwho would have known youd get addicted to crackWOWwhat a f****n breakthrough everybody clap nowjust give it up for jack for giving up the crackits been a whole week since he had a huff and snaprolled his dead ex-wife in some bubble wrapfilled a duffel bag with all her husbands stuff and gapped, yeahits been a month and they got nothing backjust a lecture from some alchie and a drunken cattryna to tell me how to me live my lifebro cut the crapSobriety? what the f**k is that? Cant even spell it broi f****n hate this place like the f****n ellen showstraight upi f****n hate this place like f****n baby face,and eric claptonnah f**k this s**t i aint even finished this s**t,ya knowi wont go and get stoned with some hippie b***h with ankle bracelets English Assignment 91106 Text type: Song lyrics Title: Alcoholic – Homebrew This song really helped to picture the life of a man stuggling with alcoholism/being an alcoholic. The song explains how he ended up as an alcoholic, his struggles with day to day life trying to become sober, and the consequences of not being sober and giving into the temptation of alcohol. The writer blames his parents for the way that he has acted around alcohol, â€Å" Im guessin that this happened like a pattern and a problem cause my fathers a fiend and so was mum so its somethin like part of my genes† and â€Å" might as well just start the day with a glass of chardonnay like my dad does thinking that time can never catch us†, the writer believes that his genetics caused him to be an alcoholic, but also that his fathers habit of drinking chardonnay first thing in the morning has led him to believe it is normal. I think it is very logical for the writer to blame his parents for this, especially the fathers bad habit of drinking chardonnay in the morning, as children are meant to learn from their parents, this is what the writer has learnt from his father. This is all relevant to families all over the world, as in every culture children are influenced by their parents actions, and if their parents are heavy drinkers then its normal for their children to believe that large quanties of alcohol consumption is normal which in many cases leads to alcoholism. The writer continues to write about the struggles of trying to be sober â€Å" its been about a week now Im startin to get weak now I wake up at 11:30 thats when I start getting thirsty†, after only a week of being without alcohol, life is getting unbearable and he is starting to feel week, getting the urges to consume alcohol as soon as he wakes up in the late morning. â€Å"all I know theres a bottle in the fridge with my name on it if I want it† and â€Å"but its hard to get clean but its hard to sustain† the writer finds it hard to continue being sober when he knows that there will always be a bottle of alcohol somewhere to turn to, if he decides he wants it. I really do feel for the writer, as he has a serious problem, and is clearly struggling with day to day life trying to stay sober. The constant repitition of the line â€Å"cause Im an alcoholic and I know it† is the writer trying to justify his actions, which is common for alcoholics to do. I do sympathise and unstand the writer, as alcoholism is a disease, yet I believe he gives up too easy and gets himself into un-needed trouble which relates to the youth in New Zealand. The youth in New Zealand begin drinking alcohol at an early age, which is some cases leads to alcoholism causing many teenagers and young adults to get into trouble with the law as the writer soon explains as he finally gives into the urges of drinking alcohol â€Å" I woke up Friday morning lying on the floor in a one man cell† â€Å" and now Im on probation, Im getting rehabilitation†. This is explaining the consequences of heavy drinking, which is a common thing in New Zealand and many other countries. Heavy drinking can lead to serious consequences such as ending up in jail, on probation and rehab as the writer has mentioned. I feel like this song explains the stuggles of alcoholism, which is a huge problem in many countries and needs to be taken more seriously. Alcoholism is a disease and needs to be treated like one so that sufferers of the disease get the help they need to stop them from getting into trouble.