Tuesday, July 7, 2020
Loyalty in Julius Caesar - Free Essay Example
Brutus is an honorable man. Brutus is the most honorable man as he selflessly chose his country over his leader and friend. Although Marcus Brutus was a conspirator in Shakespeares tragedy Julius Caesar, his intentions were honorable as Brutus made his decision selflessly, without jealousy or site, was willing to die if the people judged him too ambitious, and chose his for Rome over his loyalty to caesar. Made decision selflessly, no jealousy or ambition. Did not at first want to listen to Cassius Only acted after receiving letters Was loved by the people and known to be close and loyal to Caesar (in his speech) talks about Caesars ambition Wanted to assasinate only Caesar. Although Marcus Brutus was a conspirator in shakespeares tragedy Julius Caesar, his intentions were honorable as Brutus made the decision selflessly, without jealousy or site, was willing to die if the people judged him ambitious, and chose his love for Rome over his loyalty in Caesar. Brutus has courage beyond any other man, to be willing to betray and assassinate his friend and leader for the good of his country. And such is the honor and courage of MArcus Brutus. Swore no oath, said was willing to die Begs people to judge him and, if he is deemed ambitious, to kill him knew that assassinating Caesar would mean his own death. Made decision selflessly, no jealousy or ambition. Did not at first want to listen to Cassius Only acted after receiving letters Was loved by the people and known to be close and loyal to Caesar (in his speech) talks about Caesars ambition Wanted to assasinate only Caesar. Was noted to be most loyal to Caesar Did not want to betray his leader and friend (in his speech) talked about his love of Caesar Only acted after receiving letter from the people Brutus is an honorable man. Brutus is the most honorable man as he selflessly chose his country over his leader and friend. Although Marcus Brutus was a conspirator in Shakespeares tragedy Julius Caesar, his intentions were honorable as Brutus made his decision selflessly, without jealousy or site, was willing to die if the people judged him too ambitious, and chose his for Rome over his loyalty to caesar. Although Marcus Brutus was a conspirator in shakespeares tragedy Julius Caesar, his intentions were honorable as Brutus made the decision selflessly, without jealousy or site, was willing to die if the people judged him ambitious, and chose his love for Rome over his loyalty in Caesar. Brutus has courage beyond any other man, to be willing to betray and assassinate his friend and leader for the good of his country. And such is the honor and courage of MArcus Brutus.
Tuesday, May 19, 2020
Essay on THEO 201 Quiz 1 study guide - 804 Words
Quiz 1 Study Guide Towns: Chapter I What does ââ¬Å"prolegomenaâ⬠mean? Things that were said before. What are the three presuppositions of prolegomena? 1: There is a God. 2: Truth exist. 3: A person can know the truth. What is the contemporary usage of the word ââ¬Å"theology?â⬠The science of religion or doctrine of the church. What is catechism? The study of theology stimulated by questions. What are five presuppositions for the task of theologizing? 1.there is a God and he has revealed himself. 2. That there are laws that are self-evident. 3. That man has the ability to know things to the degree to which he directly observes them. 4. That truth does not contradict itself,but is consistent and corresponds to reality. And 5. That theâ⬠¦show more contentâ⬠¦Apply practical life things contributed by other three departments of theology. What is the theology of Scriptures called? Bibliology What are the six uses for reason? 1. To recognize and receive truth. 2. To interpret truth. 3. The accept amd confirm the evidence that supports truth. 4. To correlate truth with other truth. 5. To apply truth. 6. To defend truth. What are the four tools for accurately arranging a systematic theology? 1. Inspired revelation. 2 Faith. 3. Language. 4. History. 5. What four questions must we ask about faith? 1. Is the present day Christian faith in harmony with and growing out of that continuous faith of Christians found in the New Testament? 2. Is your faith available to all individuals? 3. Is private faith based on objective faith? 4. Are the symbols of oneââ¬â¢s faith meaningful? What six factors can limit our theology? 1. Human Understanding. 2. Language. 3. Ignorance of Scripture. 4. The Silence of God. 5. The Nature of Science. 6. Spiritual Blindness. Towns: Chapter II What is revelation? The act wherby God gives is knowledge about himself which we could not otherwise know. What is inspiration? The supernatural guidance of the writers of scripture by the spirit of God wherby they wrote the divine word of God, transcribed accurately and reliably. What is inerrancy? Recognizes thatwhat God revealed and inspired is accurate, reliable, authoritative and without error. What is
Wednesday, May 6, 2020
Religion Is A Major Key For Conflict - 1711 Words
Even in its earliest stages, religion has been a major key in conflict. It has driven individuals, groups, and even entire nations apart. Many of the reasons for the disagreements, however, can differ greatly from one another. They can come from people of the same religion but with different views, it can be from a long history of hatred between two religions, it can originate through two countries that hate each other and then turns into a religion battle, and many other possibilities. Most of the results, though, are the same. Religion can strike fear in some, it can lead to distrust and miscommunication, and it can lead to assaults and killings of certain people. How Fear Can Lead to the Worst Fear can be one of the worst things to invoke in a population. Fear can cause the people to panic. When they begin to panic, their judgement is not as efficient, they do not think as thoroughly, and this ends in rushed decisions being made. These rushed decisions can lead them to their own grave and even guide others to their death as well. In ââ¬Å"World War Z,â⬠religion is the beginning cause of fear that sparks it all. China was where the first subject, or ââ¬Å"Patient Zeroâ⬠, was found. While the Dr. Jingshu was, at first, handing the house call well, as soon as the situation took a turn for the worst fear set in. ââ¬Å"At first the villagers tried to hold me back. They warned me not to touch him, that he was ââ¬Ëcursedââ¬â¢Ã¢â¬ (Jingshu 7). Jingshu had to force two of the largest men toShow MoreRelatedConflict Resolution Is A Key Tenet Of Most Of The World s Major Religions3564 Words à |à 15 PagesConflict resolut ion is a key tenet of most of the worldââ¬â¢s major religions. Each of the religions addresses the subject: whether directly, indirectly, or symbolically. Amongst the examples in many of the religious texts include the ending of wars, resolving oppression and the making of peace amongst many people. What also makes conflict resolution a key facet of religion is that it can lead to order from chaotic conditions, allowing for the unification of many people in the absence of other meansRead MoreSociological Reflection1258 Words à |à 6 Pagesdeviance, bureaucracy, culture, criminality, socialization, economy, politics, religion, education, social class and many more. Throughout this fall semester this sociology course has taught me things that I could never imagine. To be more specific there were actually ten topics that I learned in this course that was very important to me. Those topics were: crime, deviance, bureaucracy, nature of science, philosophy, religion, common sense, s cientific statements, sociological ideas, and core americanRead MoreBuddhism, Christianity, And The Prospects For World Religion1392 Words à |à 6 PagesBuddhism, Christianity, and the Prospects for World Religion: Criticism on Dalai Lamaââ¬â¢s Interview by Jose Ignacio Cabezon Introduction Born in China, Dalai Lama who originally was called Tenzin Gyatso was the spiritual leader of Tibet. He reined this region from 1950 after being declared the spiritual leader in 1937. His advocacy was for non-violent liberation and this made him earn a Nobel Prize in 1989. The objective of this paper is to offer a detailed analysis and criticism of the response ofRead MoreWe understand and perform on social objects. Our most important form of social objects are people.1400 Words à |à 6 PagesWe understand and perform on social objects. Our most important form of social objects are people. Symbolic interactionism is also called symbolic interaction perspective, the major framework of sociological theory as we know it today. People rely upon interaction with others; socializing has become the key factor of our everyday lives. Symbolic Interactionism is the meanings that we impose on objects, people, and sometimes even behaviors. Our society is a huge structure built by human interpr etationsRead MoreThe Crisis of Islam: Holy War and Unholy Terror by Bernard Lewis1335 Words à |à 6 PagesBernard Lewis that ââ¬Ëin particular charts the key events of the twentieth century leading up to the violent confrontations of today.ââ¬â¢(Lewis) Lewis clearly and entirely pointed out key events explaining the choices to be made by the people of the Islamic faith. They must determine whether their religion takes its place alongside other religions in a global community, or whether it will revert back into conflict with non-Muslim nations. Islam is a religion that most Americans donââ¬â¢t understand but stillRead MoreSimilarities And Differences Between Christianity And Islam744 Words à |à 3 Pagesrelationship with both religions and Jesus Christ. The teachings of each religion follow the ideology of said religion. The way the Qurââ¬â¢an and the Bible address the topic of Jesus Christ is complex as there are many similarities, yet there is a significant difference that causes conflict between the two religions. The question of was Jesus Christ the son of God is what often causes conflict between the religions. Some say that the differences are so significant that the two religions hold opposing andRead MoreReligion And Its Impact On Society1473 Words à |à 6 Pagescultural, scientific, political, patriotic, or other purposesâ⬠and religion as ââ¬Å"something one believes in and follows devotedly; a point or matter of ethics or conscience.â⬠The question stated on our political survey reads ââ¬Å "shared religious belief isnââ¬â¢t and important part of our society.â⬠And I disagree with that. Almost everyone has his or her own sets of beliefs and morals, which is what makes them who they are. I believe we need religion in society, otherwise we would all just be mindless robots withRead MoreThe Sociological Perspective Or Imagination, Cite Its Components, And Explain How They Were Defined By C.974 Words à |à 4 Pagesoffensive. 3- List the ten major social institutions and briefly explain the assumption that functionalist and conflict theorists have about social institutions. Pick three social institutions and explain the basic needs that each fulfills in society. Social institutions are the different moving parts that built societies. The ten major social institutions in our society are family, religion, law, politics, economics, education, medicine, science, military and mass media. Major sociological perspectivesRead MorePioneers of Sociology812 Words à |à 4 Pagesto nothing and the principle of economics will be based on For each according to his needs, and from each according to his ability. His contribution to thinking in sociology is mainly in a perspective called Conflict Theory in which social organisation and change is based upon conflicts built into society. Many people see this as having much resemblance to classical (Greek and Latin) myths about the Phoenix Bird (who flies too close to the sun and burns) and creation myths of Athapaskan peopleRead MoreChristianity And Islam : The World s Largest Religions1501 Words à |à 7 Pagesworldââ¬â¢s largest religions. According to Pew Research ââ¬Å"there are 2.18 billion Christians of all ages around the world and there are about 1.6 billion Muslims.â⬠The two religions share many similarities. For example both religions teach that ââ¬Å"there is One true and only God, the righteous and transce ndent Creator of all things in heaven and earthâ⬠(34). Both religions have foundational texts, Christianity has the bible and Islam has the Quaran. Although among their similarities the two religions differ in
Wireless Technologies for Today Businesses â⬠MyAssignmenthelp.com
Question: Discuss about the Wireless Technologies for Today Businesses. Answer: Introduction The development of wireless network technologies has put positive influence on network users. In past days, antenna was considered an appropriate method for data transmission through signals. Nowadays, this method of networking is also used with its different types such as Yagi, Horn and Cellular and others. Moreover, various other wireless techniques are also available such as CDMA and FDMA. The purpose of making this report is to discuss these network technologies in detail with its strengths and weaknesses. These antennas are commonly known as Yagi-Uda antennas. These are mostly used in ham radio, television reception and bridge antenna to connect a site to access point of Wi-Fi. If I talk about strength factors of Yagi then it can be said that these are directional antennas and mostly focus on all its input in single direction. This feature of Yagi makes it ideal to receive low level strength signals. Moreover, high gain of these antennas provides good range to them. Another strength factor of Yagi antennas is its filters that are capable to filters all noise signals that come from opposite direction (Radio-electronics.com, 2017). Due to this amazing feature, Yagi antennas are considered most useful in high demand applications like telecommunications. On flip side, the key weak factor of Yagi antennas is its limited bandwidth. However, to get high gain level, antenna should be lengthy (TurboFuture, 2017). This type of antennas are known as most widely used microwave antennas. For directing radio waves in a beam, horn antennas consists of flaring metal waveguide. Moreover, horn antennas have coaxial cable that is attached to sides of these antennas. The main strength factor of horn antennas is that it can work easily over broad bandwidth. Besides this, these antennas have significant level of gain, directivity and these are easier to adjust and construct. On contrary, these antennas have a weak point that major fluctuations are found at low frequencies while using these antennas (prezi.com, 2017). To wide range and reliable networks to all network users, cellular antennas are used. By cell phone companies many towers are required to place at potential places. It is a best way to provide good signal range to all network users. The main strength factor of this type of antennas is that these provide best service in less expenses. On flip side the weakness of these antennas is that it may cause long term health risks for people living near the cell tower. However, medical communities are working on this to resolve this problem (Techwalla, 2017). Among above discussed types of antennas, I opine that cellular antennas are better because it can serve maximum number of people with a strong network. Compare and Contrast CDMA and FDMA CDMA stands for Code Division Multiple Access. In this multiplexing technique, there is limitation on time and frequency. Moreover, similar communication without collision and entire bandwidth can be used. Besides this, users are divided by code in this technique not by time slot and frequency slot. The crucial features of CDMA enhances its usage among its users that includes no requirement for network timing, no limitation for baseband type and availability of simple algorithm (IT Answers, 2017). FDMA stands for frequency division multiple access. In contrast of CDMA here division is done on the behalf of the frequency not code (Careerride.com, 2017). Under this technique, frequency band is allocated into channels for wireless cellular telephone communication. Furthermore, FDMA allows several users to share a single radio frequency. There are some main features of FDMA that include low overhead, simple hardware usage, no timing issues and simple hardware at mobile unit (Singh, 2017). CDMA FDMA In this, narrowband signal is combined by wideband signal that is known as codeword. In FDMA, bandwidth channel is narrow and it is known as narrowband system. Under this technique, concurrent transmission occurs (Khan, 2017). Here when channel is not used then channel remains idle. In CDMA separate pseudo-code is used. In FDMA, no pseudo code is required. These are some essential differences among CDMA and FDMA and these techniques are used according to requirement of users in different fields. Recent Advanced Wireless Technologies After discussing about traditional wireless technologies, in this segment of report I would like to discuss some recent advanced wireless technologies that are WiGig, Blutooth Smart and Apple iBeacon. This wireless technology is commonly known as technical spec 802.11 and it is a latest protocol of Wi-Fi. Nowadays, it connects up to 1Gbps through 40GHz radio band and in future speeds will be increased up to 10Gbps (Brandon, 2017). The strength of WiGig is that it provide very high speed wireless. The weakness of this recent technology is that it is not reliable as our Wi-Fi, so replacement is not suggested (Bradley, 2017). This emerging technology is a short-range wireless technique and it is more beneficial than conventional Bluetooth. Unlike traditional Bluetooth, Bluetooth Smart does not send a constant signal that saves power consumption. The less power consumption is the main strength factor of this wireless technology. The weakness of Bluetooth Smart Technology is related to its less security in case of sending most confidential information over network. However, developers are finding solutions to resolve this issue. This recent technology is actually a retail oriented use of Bluetooth Smart Technology. This technology relies on Apple technology for transmitting signals from iphone or ipad. The strength factor of this technology is that it is able to transmit retail regarding deals to iOS Devices. The weakness of this new technology is its weak signals and low coverage. These above discussed new technologies can be used in different fields according to requirements of its users. But as per as my views are concerned, Bluetooth Smart will be dominant player in future because it has good response from its users and it is able to provide better services in future at large extent. Conclusion To conclude, it can be said that over the time various advanced technologies are coming in field of wireless networking and with the help of these techniques network users can get various benefits as we have discussed above but they need to select effective technology among them. References prezi.com. (2017). HORN ANTENNA. [online] Available at: https://prezi.com/g_6litccossk/horn-antenna/ [Accessed 24 Aug. 2017]. IT Answers. (2017). Difference between FDMA, TDMA and CDMA - IT Answers. [online] Available at: https://itknowledgeexchange.techtarget.com/itanswers/difference-between-fdma-tdma-and-cdma/ [Accessed 24 Aug. 2017]. Singh, S. (2017). Difference between FDMA, CDMA and TDMA. [online] Learnabouttelecom.blogspot.in. Available at: https://learnabouttelecom.blogspot.in/2012/06/difference-between-fdma-cdma-and-tdma.html [Accessed 24 Aug. 2017]. Careerride.com. (2017). Differentiate between: a.) CDMA and FDMA b.) CDMA and TDMA. [online] Available at: https://www.careerride.com/cdma-and-FDMA.aspx [Accessed 24 Aug. 2017]. Khan (2017). FDMA-TDMA-CDMA. [online] Slideshare.net. Available at: https://www.slideshare.net/SammarKhan2/fdmatdmacdma [Accessed 24 Aug. 2017]. Techwalla. (2017). The Pros Cons of Cell Towers | Techwalla.com. [online] Available at: https://www.techwalla.com/articles/the-pros-cons-of-cell-towers [Accessed 24 Aug. 2017]. Radio-electronics.com. (2017). Yagi Antenna Theory | How does a Yagi Antenna Work :: Radio-Electronics. [online] Available at: https://www.radio-electronics.com/info/antennas/yagi/yagi-antenna-theory.php [Accessed 24 Aug. 2017]. TurboFuture. (2017). The Pros and Cons of Yagi Antennas. [online] Available at: https://turbofuture.com/misc/Pros-and-Cons-of-Yagi-Antennas [Accessed 24 Aug. 2017]. Brandon, J. (2017). 5 New Wireless Technologies for Today's Businesses. [online] CIO. Available at: https://www.cio.com/article/2376959/mobile/5-new-wireless-technologies-for-today-s-businesses.html [Accessed 24 Aug. 2017]. Bradley, T. (2017). WiGig is great, but it won't replace your Wi-Fi network. [online] PCWorld. Available at: https://www.pcworld.com/article/2048404/wigig-is-great-but-wont-replace-your-wi-fi-network.html [Accessed 24 Aug. 2017].
Wednesday, April 22, 2020
Violence On Childrens TV Essays - Dispute Resolution, Crime, Ethics
Violence on Childrens TV Free Swiss Anti-Wrinkle Cream. You Won't Believe Your Eyes! Violence on Childrens TV Are today's children being exposed to too much violence via television? I think so. From the teenage Mutant Ninja Turtles, to the Mighty Morphin' Power Rangers, kids are always being exposed to the rock-'em-sock-'em heroes of T.V., or the brainless violence of Beavis and Butthead. When we live in a country where our children watch an average of three to four hours of television daily {quote}, That is a large number of punches, kicks, and many other violent acts that our children are soaking up every day. Is that really what we want for the children of our country? Hundreds of studies of the effects of TV violence on children and teenagers have found that children may become "immune" to the horror of violence {quote?}. Gradually they even accept violence as a way to solve problems, imitating the violence they observe on television, as well as identifying with certain characters, victims and/or victimizers. One might ask If we know what is happening, why do they put violence on television? The basic reason is because violence is what people want to see. Much of the American viewing audience, and especially children, will watch the shows with more action before they even think about watching the morally correct ones. Another reason is that some broadcasters claim that there is not enough evidence to prove that TV violence is harmful. But, scientists who have studied this aspect have stated that TV violence and aggressive behavior are linked. In a Children Now Executive Summary, only one of many studies on the issue, experts agreed, among other relevant topics, "that television can have a negative effect on children, encouraging anti-social behavior such as dishonesty or violence." (Heintz-Knowles 2) This study as well as many others show that the violence is there. Another factor that points to children's television being too violent is the aggressive behavior that it is bringing out in the children that are watching it. During the average four hours a day that children watch television, They witness an average of 20 violent acts per hour. That is about 80 violent acts per day and, "Children who watch the violent shows, even 'just funny' cartoons, were more likely to hit out at their playmates, argue, disobey class rules, leave tasks unfinished, and were less willing to wait for things than those who watched the nonviolent programs," says Aletha Huston, Ph.D., now at the University of Kansas. This was the conclusion after a Pennsylvania State University study of 100 preschool children on weather or not violence in the television has an effect on children. If that wasn't enough, Leonard Eron, Ph.D., and his associates at the University of Illinois, performed both laboratory, and field studies which showed that children who watched many h! ours of violent TV when they were young, showed a higher level of aggressive behavior when they became teenagers, and when they grew to be 30, the ones who watched a lot of TV when they were young, were more likely to be arrested and prosecuted for criminal acts. The research seems to definitely support the argument that children's television is too violent. This being so, many parents may ask " What can I do?" Scientists who believe that children learn aggressive behavior from TV also point out that parents have the power over what their children watch. Because of this, many scientists recommend a number of things that parents can do. Reduce the amount of hours of TV that your children watch, watch at least one episode of the shows your children watch, and when they see a violent act on the show that their children are watching, discuss it with your child and tell them that this kind of behavior is not good and not the way to solve problems. Some other ways to answer the "What can I do" question is to Ban any shows that you think are too offensive for your children to be watching, and Encourage your children to watch shows that demonstrate good qualities, like caring and sharing. I think it is pretty clear that the children of America are being exposed to way too much violence on television. It is also clear that this exposure is having a negative effect on them. This should be a wake up call to everyone. We need to stop the violence on television and stop it now, the children of our country will be affected. So, parents of America, try to keep your kids away from the violence
Monday, March 16, 2020
buy custom ASDA essay
buy custom ASDA essay ASDA is an online company providing goods to many countries across the world through internet. Many companies have advanced, and they provide their business online. This has assisted in saving things like space, time, labor and improvement of customer relationship among others. When few companies had stated e-business there was less competition but due to advancement in technology many companies have stated selling and buying online, and this has increased competition. Analysis ASDA has been selling products of different range to different customers across the world. It has laid down strategies to operate, and this has enabled it to move faster in the market. It has employed marketing tactics which enables it to get more users of their products. It has been using customers to promote the products to other people online. It has also improved the operation by advertising to social Medias like Facebook, tweeter and goggle among others. The company has expanded the market by letting customers promote the products at a commission. The company has a wide range of market and many customers across the world buy the products. It has been offering discount to returning customers, and this has made the company to have is own customers who gets discount upon buying. The company has laid down core strategies which governs operation. It sells the product at lower price than other providers of the same product. The products sold by the company include electronic, housing, ooks, clothing and entertainment among others. The company provides products of all prices and qualities, and this means that it serves different class of people. The company has a website which contains all the information about the company and the product which it sells. It has different modes of payment which include credit card and Electronic money transfer among others. The contact information is displayed at the web so those who want to make enquiries contact the customer representatives directly. The company has provided entertainment products and this make it to capture people of different social class. Other people use their cultural made items like dress and this limits the market. The company is registered according to regulations and it pays some taxes which makes it to work under pressure form the government. Political crises reduces the performance of the company in sales due to insecurity and also change in technology makes same of the product outdated and they sell them at a throw away price. The sales of product and availability of capital for the business is one of the strength. Some buyers are fraudsters and they defraud the company hence making it go under loss and this is a weakness. The company provides the products to large organization and this is an opportunity of promoting and creating market for the products. The company provides internet business and when the net is low or unavailable in some places then the business goes down. The website may also undergo some pproblems and this affects the whole business and this is a form of threat to business. The companies provide online services and all the customers shops at the website and provide their payment through plastic cards and wait for shipment of their products. The suppliers also provide their products online (Thomas 2004). This company applies best strategies and it operates professionally in provision of service. The strategies should focus on fraud because most of schemers work online and their target is any company without standing policies regarding fraud. This company suffers loss due to theft of products from the stores and also fraud. Security maters should be strengthened in the company. The company has many affiliates and should be focused on having affiliates who have experience in e-business. Some of the affiliates do not provide promotion of their product, but they sell their own products and expand their own business secretly. Given the opportunity I would strategize the company to have offices in each county it sells product. The representatives will monitor the sales and make shipping easy (Thomas 2004). Conclusion E business has made marketing easy and assists customers to acquire products without much struggle. Many companies have introduced e business department. Marketing is the key for improving sales of each company because competition always exists. ASDA should improve and provide strong marketing strategies like face to face approach and advertisement. Buy custom ASDA essay
Saturday, February 29, 2020
Australian Securities and Investment mission Law
In the case of ASIC v Sydney Investment House Equities Pty Ltd [2008] NSWSC 1224 (21 November 2008) Australian Securities and Investment mission is the plaintiff and Mr. Goulding is the 3 rd out of the 9 defendants. In this case, the plaintiff had made a claim against the defendant that he had mitted various infringements of the provisions of the Corporation Act 2001 (CA) and the Australian Securities and Investment mission Act 2001 with respect to his role as the director of several panies prising the Sydney Investment House Group . The plaintiff seeks from the court against the defendant that he should be he should be disqualified for an appropriate period from managing corporations and prevented from providing any financial services within Australia. However, the plaintiff had not made any claims for the imposition of any kind of penalties and others orders with respect to pensation payment.à The plaintiff had initially brought proceedings against eight panies, which belonged to the SIG group. Mr. Goulding and the Mr. Geagea (fourth defendant) were or acting as the directors of most of the panies which are all in liquidation. Application made by the fourth defendant with respect to Section 29.9(1) (a) and 29.10 one after the other against the claim of the plaintiff were dismissed by the court. The court in this case had to determine the fourth defendant mitted the breach of the provisions related to directorââ¬â¢s duty or not. The plaintiff claimed that the court should determine that the following breached were mitted by the defendant with respect to the Corporation Act and the Australian Investment and Securities mission Act. The court in this case held the fourth defendant liable for the breach every allegation made by the ASIC. With respect to this decision, the court considered the following law. The court took into consideration the provisions of Section 180. The Section states that it is the duty of the and other officers of a pany to use their powers and exercise their duties with proper diligence and care which any reasonable person would have used if they were an officer or director of the pany in similar circumstance or held or occupied such a position in the pany similar to that of the directors and officers (Gerner, Paech and Schuster 2013). à The court in this case held that the defendant was liable for the breach of this Section by not observing diligence and care while discharging his duties as the director of the panies. The court also considered the provisions of Section 181 of the Corporation Act 2001 with respect to this decision. The Section states that it is the duty of the directors and the other officers of the pany to discharge their responsibilities towards the pany in good faith and in the best possible interest of the pany (Gelter and Helleringer 2013). In addition, the directors and other officers of the pany must discharge their duties for a proper purpose towards the pany. Duties in this Section refer to the statutory duty, which the direct owns towards the pany with respect to the general law o fiduciary duties. The court in this case also considered the decision provided in the case of Chew v Rà (1991) 4 WAR 21, where the court held that good faith means (Knepper et al. 2015) The court in this case reading Section 184 of the CA along with Section 181, the Section can be breached if the director has not acted in the best interest of the pany, even if there is no act of dishonesty mitted by the director (Huebner and Klein 2015). The court also considered the provisions of Section 182 of the CA in deciding this case, according to the provisions of the Section it is the duty of the directors and other officers of the pany not to gain unfair advantaged for someone else or themselves by making unfair use of their position in the corporation. In addition, the directors and other officers of the corporations are not allowed to use their position in the pany to cause detriment to the pany. The court also considered the decision made in the case of ASIC V Adler 458 which held that entering into an agreement by the director which provides him with unfair advantage is the breach of Section 180,181,182 of the CA (Keay 2012). In the case of R v Byrnesà [1995] HCA 1;à (1995) 183 CLR 501 the court held that à if a director of a corporation acts with respect to a transaction in which the part to whom he owns a fiduciary duty gains benefits without making proper disclosure in relation to his interest, then the directo r is deemed to act improperly with respect to Section 182 of the CA (Welch et al. 2015). In addition, this would also lead to the breach of the provision of good faith provided in Section 181 of the act. In the case of Chew v The Queenà [1992] HCA 18, the court held the provisions of Section 180,181,182 of the CA can be reached by mere conduct to a director to attain unfair advantaged or himself or someone else , it is not relevant in this case that whether the advantage was actually breached or not (Stout et al. 2016). With respect to the decision made by the court in this case the court also considered that although the corporation itself owes the duties imposed by Section 181 and 180 of the CA the direct could be held liable for the breach of provisions of these sections (Land and Saunders 2014). This breach can arise from making or not preventing the corporation from breaching the provisions of law, which may indirectly involve failure to exercise skill and care towards the interest of the pany on the part of the directors (Fairfax 2013). After making such findings, the courts focused on the individual breaches, which were made by the defendant.à With respect to the first breach of making loans the question before the court was to determine whether the pleading made by the ASICà are enough for the orders sought by them against the defendant and whether the objection of ASIC with respect to final formulation of loans were made out. The court in this case held that both the questions before the court were in favor of ASIC nod the defendant sis liable for the breach of Section 181 and 181 of the CA by making such loans (Prashker 2014). In relation to the allegation of rollovers against the defendant the question before the court was whether the orders sought by the plaintiff was in accordance with the pleading and whether roll over transaction finally formulated had been made out or not. After analyzing the submissions made by both ASIC and the fourth defendant the court decided that the defendant had breached directors duty by getting involved in the roll over transaction as alleged by the plaintiff. In addition the court also decided that the order sought with respect to roll over transaction were according to the pleadings made by the plaintiff. The court held that it is clear that the fourth defendant was clearly the sole director of equities and capital and he allowed the pany to go forward with a role over transaction by issuing preference share without any consideration and subsequently breached the provision of Section 180 and 181 of the CA (Donner 2016). The court also held that the defendant breached the provisions of Section 182 by causing detriment to the cpmpany through his actions (Bilchitz and Jonas 2016). à With respect to misappropriation, after considering the submissions made by both the plaintiff and the defendant the court had two factors to analyze firstly whether according to the submission of the defendant the defects in pleading made by the plaintiff is extreme and defies all principles of pleadings. Secondly, to what extent the allegation with respect to misappropriation are true. The court in this case held that the payment made by the pany were made for non business and in proper purpose or to give unfair advantage to the defendant and these payments were made to be caused by the defendant himself breaching the provisions of Section 180-182 of the CA. The court held the same with respect to unregistered managed investment scheme by not registering the investment scheme and therefore a breach of the defendantââ¬â¢s duty of care as provided in Section 180(1) of the CA along with the breach on Section 181 by not acting in best interest of the pany (Bruce 2013). The court had a different view with respect to the breach of reporting failure by capital. The court held the the defendant breach the provisions of Section 180 by not plying with his duty of care towards the pany. However, the court held that the defendant did not breach the provisions of Section 181 in this situation, as his acts cannot be considered not to be in good faith. The findings conducted by the court in this case are broadly discussed the range and limits of the duties of directors and other officers towards the pany. The provisions provided in Section 180-182 of the CA have a very wide but simple meaning to them. Through this case the court made it clear that the it is not necessary that detriment was actually caused to the corporation or unfair advantage was actually gained by the director , it is enough that the directors acted in such a way which would have resulted in such problem. Bilchitz, D. and Jonas, L.A., 2016. Proportionality, Fundamental Rights and the Duties of Directors.à Oxford Journal of Legal Studies, p.gqw002. Bruce, M., 2013.à Rights and duties of directors. Bloomsbury Publishing. Donner, I.H., 2016. Fiduciary Duties of Directors When Managing Intellectual Property.à Nw. J. Tech. & Intell. Prop.,à 14, p.203. Fairfax, L.M., 2013. Sue on Pay: Say on Pay's Impact on Directors' Fiduciary Duties.à Ariz. L. Rev.,à 55, p.1. Gelter, M. and Helleringer, G., 2013. Constituency Directors and Corporate Fiduciary Duties.à Fort ing: The Philosophical Foundations of Fiduciary Law (Andrew Gold & Paul Miller eds., Oxford University Press, 2014). Gerner-Beuerle, C., Paech, P. and Schuster, E.P., 2013. Study on directorsââ¬â¢ duties and liability. Huebner, M.S. and Klein, D.S., 2015. The Fiduciary Duties of Directors of Troubled panies.à American Bankruptcy Institute Journal,à 34(2), p.18. Keay, A., 2012. Directorsââ¬â¢ duties to creditors and financially distressed paniesââ¬â¢. Keay, A., 2016. Wider Representation on pany Boards and Directorsââ¬â¢ Duties.à Journal of International Banking and Financial Law,à 31(9), pp.530-533. Keay, A.R., 2014.à Directors' duties. Knepper, W.E., Bailey, D.A., Bowman, K.B., Eblin, R.L. and Lane, R.S., 2015.à Duty of Loyaltyà (Vol. 1). Liability of Corporate Officers and Directors. Land, A.L. and Saunders, R.S., 2014.à Folk on the Delaware General Corporation Law: Fundamentals. Aspen Publishers Online. Prashker, L., 2014. Corporation Law for Officers and Directors (Book Note). Stout, L.A., Robà ©, J.P., Ireland, P., Deakin, S., Greenfield, K., Johnston, A., Schepel, H., Blair, M.M., Talbot, L.E., Dignam, A.J. and Dine, J., 2016. The Modern Corporation Statement on pany Law. Tewari, S.P., 2015. Directors Fiduciary Duty not to make Secret Gains. Welch, E.P., Saunders, R.S., Land, A.L., Voss, J.C. and Turezyn, A.J., 2015.à Folk on the Delaware General Corporation Law: Fundamentals. Wolters Kluwer Law & Business.
Subscribe to:
Posts (Atom)