Tuesday, May 26, 2020

Analysis Of William Allen s The Dodge Brothers

According to Henry Ford, the Founder of the Ford Motor Company, â€Å"the purpose of the corporation is to produce good products cheaply and to provide increasing employment at good wages and to only incidentally make money.† (Allen 38) In contrast, the Dodge brothers, (the Founders of the Dodge division of Fiat) who owned roughly ten percent of the equity in Ford’s company, argued that the shareholders owned the enterprise and were entitled to force the directors, in this case Ford, to distribute some of the firm’s accumulated profit. The Justices of the Supreme Court ultimately ruled that Ford must pay the Dodge brothers dividends and not use the excess cash to lower the cost of his vehicles for sale. Although this case was settled nearly one†¦show more content†¦(Allen 37-42) The decision in Dodge v Ford Motor Company 170 NW 668 (Michigan 1919) supports this theory since Ford was required to distribute some of the company’s earnings to its shar eholders. Proponents of this theory would argue that corporations do not have a responsibility to anybody other than their shareholders, i.e., the firm should focus solely on their income and increasing shareholder’s wealth. Interestingly, there are not many organizations in modern society that do not give to charitable/political organization or support the environment, but that does not mean that this model is obsolete and/or not prevalent. For example, many believe that the Foxconn Technology Group, the manufactures of many Apple products, focuses primarily on wealth maximization and not social welfare. The firm is focused on efficiency and has many assembly lines to manufacture their products. The firm is notorious for working employees very long hours. Many employees have committed suicide and the company often suffers from employee riots. Apple often has to come to the defense of their manufacturer of these social issues. The company said â€Å"Apple is committed to the highest standards of social responsibility across our worldwide supply chain†¦We insist that all of our suppliers provide safe working conditions, treat workers with dignity and respect, and use environmentally responsible manufacturing processes wherever our products are

Tuesday, May 19, 2020

What ACT Percentiles Mean in College Admissions

Much of the ACT data on this site and elsewhere on the web show ACT scores for the 25th and 75th percentile of students. But what exactly do these numbers mean? Understanding the 25th and 75th Percentile ACT Numbers Consider a college profile that presents the following ACT scores for the 25th and 75th percentiles: ACT Composite: 21/26ACT English: 20/26ACT Math: 21/27 The lower number is the 25th percentile of students who enrolled in (not just applied to) the college. For the school above, 25% of enrolled students received a math score of 21 or lower. The upper number is the 75th percentile of students who enrolled in the college. For the above example, 75% of enrolled students got a math score of 27 or lower (looked at another way, 25% of students got above a 27). For the school above, if you have an ACT math score of 28, you would be in the top 25% of applicants for that one measure. If you have a math score of 19, you are in the bottom 25% of applicants for that measure. Understanding these numbers is important when you plan how many colleges to apply to, and when you figure out which schools are a reach, a match, or a safety. If your scores are near or below the 25th percentile numbers, you should consider the school a reach. Note that this does not mean you wont get in—remember that 25% of students who enroll have a score that is at or below that lower number. Why Do Colleges Present 25th and 75th Percentile Data? You may wonder why the standard practice for ACT score reporting focuses on 25th and 75th percentile data rather than the full range of scores earned by matriculated students. The reason is rather simple—the outlying data is not an accurate representation of the type of student who typically attends the college or university. Even the countrys most selective colleges  admit a few students with ACT scores that are well below the norm. For example, 75% of enrolled students at Harvard University scored a 32 or higher on the ACT. However, this graph of Harvard admissions data  shows that a few students got in with ACT scores that were in the mid teens. How, exactly, did these students get in? The reasons could be many: perhaps the student did not have English as a first language but was exceptional in many other ways; perhaps the student had straight A grades and 5 scores on AP exams, but simply didnt perform well on the ACT; perhaps the student had such remarkable accomplishments that the admissions folks overlooked a sub-par ACT score; perhaps the student had a disadvantaged background that made the ACT an unfair measure of ability. That said, if you have a 15 ACT composite score, you shouldnt get your hopes up for Harvard. Without some kind of exceptional story or circumstances, the 25th percentile number of 32 is a much more accurate representation of what youll need to be admitted.   Similarly, even non-selective colleges will get a few students who have extremely high ACT scores.  But publishing a 35 or 36 as the upper end of ACT data wouldnt be meaningful to prospective students. Those high performing students would be the exception, not the norm. Sample ACT Percentile Data for Top Schools   If youre interested in seeing what the 25th and 75th percentile scores are for some of the countrys most prestigious and selective colleges, check out these articles: ACT Comparison Tables: the Ivy League | top universities | top liberal arts colleges | more top liberal arts | top public universities | top public liberal arts colleges | University of California campuses | Cal State campuses | SUNY campuses | More ACT tables The tables will help you see how you measure up in relation to students who were admitted to each school. What If Your ACT Scores Are Below the 25% Number? Keep in mind that a low ACT score doesnt need to be the end of your college dreams. For one, a quarter of all admitted students got in with scores below the 25% number. Also, there are a lot of excellent colleges that do not require ACT scores. Finally, be sure to check out these strategies for students with low ACT scores.

Friday, May 15, 2020

The Origins of Terrorism and Jihad Essay example - 2861 Words

America is at war. But who is the enemy that America is fighting? This enemy, known generally as terrorism, lives in a different world than the American superpower. Terrorism is the child of decades of religious disputes, histories of deep national pride, and what is seen as infringement upon Islamic holy grounds. Islamic fundamentalists in the Middle East view Americas presence in Saudi Arabia as blasphemous and intolerable . The preservation of face and appearance of strength are key elements in the world of the Middle East that evidence themselves in various ways. Extreme humiliation and oppression are two of the factors involved in inciting desperate people who feel shamed and weak to violent actions such as terrorism.†¦show more content†¦So many motifs appear in these Arab nations: minority oppression, religious divisions, devout national pride, and a faà §ade of strength. Hopefully, focusing upon these motifs will create a framework within which the current and future problems of this area may be resolved. In large sections of the Middle East, America is seen as hypocritical because she contributes to Iraqi children dying by imposing economic sanctions while speaking of democracy and freedom. These deaths certainly do not uphold humanitarian ideals that America claims coexist with democracy and freedom. America knows that her presence in certain holy lands has been seen as a great offense to many Arabs for quite some time, but their opinions now seem to carry a bit more importance and relevance to the present situation. Why have we chosen to ignore our offensive actions for so long? The answer is simple-we didnt think that the issue was of any importance, even though the issue was central to other portions of the world. Americas view of world issues has been rather narrow until the present. Until now, America has employed no consistent policy to combat terrorism. The threat has been taken seriously only on limited fronts and only when it was deemed absolutely necessary. For example, th ere was a crackdown on security in Turkey after a terrorist incident, but theShow MoreRelatedJihad : The World Is Mindful Of The Term `` Jihad ``1407 Words   |  6 Pagesgroup in the world yet controversial, the world is mindful of the term â€Å"Jihad†. The term has been coined and implemented negatively by the extremists in the name of Islam resulting in a shaken misbalance in the Islamic as well as in the rest of the world. In the light of recent events, the Arabic word â€Å"Jihad† has gained vital attention. The reason I chose this word is to make a little effort providing true and basic insight of jihad as described in Islam. Most people are aware of this term, use and criticizeRead MoreThe Terror Of Osama Bin Laden1120 Words   |  5 Pages â€Å"A declaration of Jihad,† on August 23, 1996 deals with Osama bin Laden order to sanction a defensive war (jihad) after he gained refuge in Afghanistan. Osama bin Laden is a well-known terrorist and is the lead er and founder of al-Qaeda. In 1979, the origins of al-Qaeda can be traced back to this year because that is when the Soviets invaded Afghanistan. Originally, Osama bin Laden used al-Qaeda as a way to enlist Muslim into the resistance. After, the Soviets left not shortly after the United StatesRead MoreThe Bombing Of The Boston Marathon1319 Words   |  6 Pagesand dying in the name of global â€Å"jihad†. The two brothers were self-radicalized homegrown terrorists. Existing evidence points to the fact that, while inspired by militant jihadism and in loose contact with terrorists in Dagestan, they operated alone. This is a case study of the radicalization process that led Tamerlan Tsarnaev to adopt violent â€Å"jihad†, kill three people and injure 250 others. Background Tamerlan Tsarnaev, a 26 year old male, was of Chechen origin who had been living in the U.S. forRead MoreAl Qaeda: Origins, Development and Objectives1597 Words   |  7 PagesInternational Relations Al Qaeda: Origins, Development and Objectives Select any terrorist group we studied and explain its origins, development and objectives. Al Qaeda is an international terrorist organization that was founded by Osama bin Laden in the late 1980s in Peshawar, Pakistan. The name is Arabic for â€Å"The Base of Operation† or â€Å"method† (Burke 2004). However, many experts agree that al-Qaeda is more dangerous as an ideology than as an organization. As an organization, it has beenRead MoreAn Explanation of Terrorism1176 Words   |  5 PagesAn Explanation of Terrorism After browsing through Stephen E. Atkins book Terrorism, I soon learned many interesting things regarding the history of terrorism. It seems this form of protest has been around since Biblical times. Also, the main goal of a terrorist is not to do damage to one peticular person or place, but to gain publicity for an idea they support. (page 1) Evidence of this can be found by looking at the recent past of the United States. The Oklahoma bombing was one mans wayRead MoreEssay about An Explanation Of Terrorism1132 Words   |  5 Pages An Explanation of Terrorism After browsing through Stephen E. Atkins book Terrorism, I soon learned many interesting things regarding the history of terrorism. It seems this form of protest has been around since Biblical times. Also, the main goal of a terrorist is not to do damage to one peticular person or place, but to gain publicity for an idea they support. (page 1) Evidence of this can be found by looking at the recent past of the United States. The Oklahoma bombing was one mans way ofRead MoreConflict : The Boko Haram Insurgency1701 Words   |  7 PagesConflict: The Boko Haram Insurgency Type of Conflict: Hot war. Origins Boko Haram is the nickname for the group officially known in Arabic as Jama atu Ahlis Sunna Lidda awati Wal-Jihad--the People Committed to the Propagation of the Prophet s Teachings and Jihad. Named by the Northern Nigerian Muslims and subsequently picked up by the press, the name Boko Haram translates to Western education is forbidden and is derived from the teachings of Mohammed Yusuf, the group s early leader, whoRead MoreTerrorism by the Egyptian Islamic Jihad3663 Words   |  15 PagesTerrorism by the Egyptian Islamic Jihad Brandin P. Lea SCTY 488 – Terrorism and Homeland Security December 26, 2010 Professor Eric Witcher Abstract It has been the case that over the duration that mankind has graced the planet there has been group’s hell bent on enacting their beliefs and values upon the rest of the world. As time has passed there have been many times that these groups have changed the face of the planet permanently. You can look at any organized religious group andRead MoreEssay about Islam3215 Words   |  13 Pagesunlimited peace and prosperity. Unfortunately, new issues came to light, such as terrorism. Terrorism is defined by Title 22 of the United States code, section 2656(d) as â€Å"the pre-meditated, politically motivated violence perpetrated against noncombatant targets by sub national groups or clandestine agents, usually intended to influence an audience.† In light of recent terrorist activity in the West, the danger that Islamic terrorism poses to national security and civilian safety has been brought to attentionRead MoreIslamic Extremism And The Islamic World Essay1811 Words   |à ‚  8 PagesMany people think terrorism and islamic militancy is a product of long-lasting religious traditions in the islamic world. However, when delving deeper into the origins of this radical violence related to islam, and the middle east, it becomes apparent it is connected to many different global and political factors that have led to it’s significance on the world-stage. The question arises, why is Islam so directly connected to violence? This can be due to the lack of knowledge, it is essential to recognize

Wednesday, May 6, 2020

Art Museum - S.W.O.T. Analysis Essay - 706 Words

S.W.O.T. Analysis The S.W.O.T. analysis for the Cinicinnati Art Museum is what gives the viewer the information to easily see what is wrong and isn’t wrong with the museum, while providing information on possibilities the museum can capitalize on and what threats could harm the museum. The strengths were not hard to identify. I identified six different ones, all self-explanatory. Free admission, membership purchases, host of traveling exhibits, host of special events (weddings, parties, etc.), the museum is located in a popular area of Cincinnati (Mt. Adams), and they have an expansive art collection (60,000 pieces of work). All of these are huge postives for the art museum that can be capitalized on if done properly. The†¦show more content†¦There are opportunities though, and they are good opportunities. I was able to identify three that they should pay attention to and really hit hard on. In today’s economy, people aren’t wanting to spend a lot of money. The rec ession is making people be a lot more conscious about money. Good news, the museum is free. If marketed properly, this could be a huge way to gain new visitors. Plus, art museums have sophisticated connotations that make people feel smart when they go to them. What better way to spend the day than to go somewhere that is free and feel sophisticated? Another opportunity is that new exhibits could attract younger demographics, pending on the exhibit. This could be tricky though because they want to attract everyone, but older crowds are interested in things that younger generations aren’t. They have to be able to balance the attractions so everyone can relate to it and want to view it. When it comes to threats, there aren’t many. There are mainly two, competition and free admission. Competition is obviously a threat because when people think to go somewhere or bring there kids somewhere and they don’t think of the art museum, that is a visitor lost. They need to be the first place someone thinks of when they think â€Å"free† and â€Å"informative†, and frankly, they aren’t for the most part. The Cincinnati Museum Center at Union Terminal and the Children’s Museum have the top of mind awareness that theShow MoreRelatedBanyan Tree - Hotel Resorts3137 Words   |  13 Pageshotels individual villas â€Å"intimate moment† package wedding package Services: spa retail outlets Others projects: BTHR cooperate with local people to educate them to make valued crafts create the Banyan Tree Gallery support local business S.W.O.T Analysis Luxury premium resorts leadership Hotel resorts industry leading growth: well established, renowned brand name Improve brand awareness through expanding launching new brand Angsana Spa, diversifying services with Banyan Tree Galleries

Possession Is Nine Tenths Of The Law - 929 Words

Possession is nine-tenths of the law. This statement means that determining the proper proprietorship of an item is easier to regulate if one of the people claiming ownership of the item is in possession of said item. However what transpires if the item in question is actually an entire landmass? Well, in William Shakespeare’s play The Tempest, this is exactly what happens. Two characters in the play, Prospero and Caliban, lay claim to the island in which they both are inhabiting. Both Prospero and Caliban give reasons to why they believe that the island is entitled to them, some reasons good and others bad. Looking at the reasons given it is clearly shown that one is slightly more entitled to the island than the other. Prospero puts forth reasons as to why his in the entitled ruler of the island. Prospero main reasons for his alleged leadership is that he has and teaches knowledge, and Caliban tried to rape his daughter. To begin with, Prospero is the former Duke of Milan; and the reason he and his daughter his on the island is because Prospero was overthrown by his brother while he kept to his books. This establishes that Prospero is smart and throughout the story Prospero is seen as sort of a teacher to some of the characters, one of which being Caliban. Because Prospero teaches Caliban, Prospero feels that he is more deserving and capable to be the ruler of the island. Prospero bestowed Caliban with the â€Å"gift of language† but he uses this action to show that he isShow MoreRelatedPersuasive Essay On Gun Control1806 Words   |  8 Pagesowning guns. Therefore, it is hard to throw out one law to mandate all guns when there is such a diverse population in the United States. Since the b eginning of the 20th century, gun laws and regulations have come and gone or come and been changed at both the state and the federal level due to new cases, new occurrences, and just new information that has come in to the light. Since the start of this conflict, there have been many new additions to the law referring to gun regulations of some sort, notRead MoreCharacter Analysis Of Bartleby, The Scrivener808 Words   |  4 Pages† explaining that while his profession can be accompanied by conflict, nothing interferes with his peace (126). The Lawyer abides by the rules, for he is viewed as â€Å"an eminently safe man† by many, which is coherent seeing that lawyers practice the law and fight for justice. In paragraph two, he appears to be self-satisfied and cares about being socially prominent, continuously mentioning his relationship with wealthy American capitalist John Jacob Astor. Furthermore, one can determine how successfulRead MoreLegalizing The Gun Free School Zones Act Of 19901860 Words   |  8 Pagesthe Gun-Free Schools Zones Act in 1990. The case was viewed and decided by nine Supreme Court justices. In the Supreme Court case, United States v. Lopez (1995), the Supreme Court justices held that Congress’s control over and through the Gun-Free School Zones Act of 1990 was unconstitutional. Their votes were 5 to 4. This was the first Supreme Court decision in over half a decade to limit the power of Congress. On March tenth of 1992, Alfonso Lopez, Jr., an eighteen year-old high school senior, walkedRead MoreEducation Is An Important Foundation For People All Around The World1525 Words   |  7 Pagesmillion people aged three and over that the ACS recorded as enrolled in school† (J. Davis, K. Bauman 2013 p. 2). According to the Ministry of Education of the People’s Republic of China, â€Å"99.7% of citizens have achieved a universal basic of at least nine years of schooling† (Ministry of education of the People’s Republic of China). Why is there an immense amount of people enrolled in school worldwide? Why is it so important? Why do people seek education? Education is the fundamental quality to achieveRead More Expression of Self-worth in Homer’s Iliad1400 Words   |  6 Pagesfelt. Menelaus is the better man—he has just proven this on the field—but Paris is deemed Helen’s husband, for he possesses her. The means of acquisition, seemingly, are irrelevant—to Homer, and to those of whom he writes, possession is more than nine-tenths of the law; it is the law. Paris is despicable, hated by allies and enemies alike, but Helen belongs to him, and she is his to give or to keep as he sees fit. Paris asserts this right, forcefully and confidently, at the Trojan war councilRead MoreEssay The Kohinoor Diamond2590 Words   |  11 Pagestheir country’s independence all the while seeking to regain their past. Prior to this renewed sense of freedom, India had belonged to the British Empire. From 1858 to 1947, the British government claimed India and its inhabitants as a colonial possession. Before the British Empire laid claim to the vastness of India, the British East India Company helped to oversee the transfer of the Kohinoor Diamond from the Sikh Empire to their motherland in 1851. Fought over for centuries and claimed by manyRead MoreFederalism Is Defined As A System Of Government2199 Words   |  9 Pagesgovernment, and all fifty of the states collectively are controlled by the National, or Federal, Government. Both levels of our government have the power to create laws under our federalist system. The State Governments’ have the power to create laws that affect their respective state, whereas The Federal Government has the power to make laws that apply to the entire nation, but are limited by their enumerated powers in the constitution and bill of rights. For example, in the Commerce Clause, the nationalRead More Drug Abuse Essay3291 Words   |  14 Pagessocial functioning. Although the term seems to imply that users abuse the drugs they take, in fact, it is themselves or others they abuse by using drugs. Traditionally, the term drug abuse referred to the use of any drug prohibited by law, regardless of whether it was actually harmful or not. This meant that any use of marijuana, for example, even if it occurred only once in a while, would constitute abuse, while the same level of alcohol consumption would not. In 1973 theRead MoreArgumentative Essay On Medical Marijuana1990 Words   |  8 Pagesmarijuana. Whether or not it will become legalized in every state stays a mystery, but as of right now eight states and the District of Columbia have passed laws allowing for the personal possession and consumption of marijuana for adults. There are also twenty-nine states in addition to the District of Columbia that have a medical marijuana law in place. Many people are strongly opinionated when it comes to this topic; some think that marijuana should be completely banned and illegal while othersRead MoreA Brief Note On Insurance And Insurance Protection2141 Words   |  9 PagesIf a Tenant or Occupant â€Å"holds over† in the Apartment (remains in occupancy or otherwise fails to deliver vacant possession of the Apartment to the Insured after the Expiration Date or earlier termination of the Insured Lease), then an additional period of time will be added to the Rent Protection Period, not to exceed the earlier to occur of (i) the date on which vacant possession of the Apartment is delivered to the Insured and (ii) the date which is two (2) months after the Expiration Date or

Mobile Technology Ltd Legal Issue

Question: Write an essay certain legal issues arise related with Mobile Technology Ltd. (MTL) Answer: On the basis of the facts that have been mentioned above, certain legal issues arise related with Mobile Technology Ltd. (MTL). The first issue is that the majority shareholders of the company, James and Jenny Lee holding 60% shares of the corporation wanted that the companys management should be conducted in a way that is more advantageous to them. In case the directors of the company, Harry, Minh and Jackson do not follow their wishes, they threatened to take over the management of MTL. Similarly, other issue is related with minority oppression as a minority shareholder of the company, Martin Lu is concern regarding the way, the directors of MTL are draining its assets. In this regard, Martin wants that extraordinary general meeting of the shareholders should be called but the directors are not willing. Another issue is related with a clause present in the constitution of MTL according to which, the business of the company will be restricted to manufacture, sale and purchase of pla sma TVs and DVD players. But now the directors want that the companys business should be changed to the manufacturing and distribution of smart phones and I Pods as the directors think that the TV and DVD market has become stagnated. In the same way, another issue that arises on the basis of the given facts is that the directors of the company are planning to set up another company and they're going to sell the TV business to the new corporation that is owned and controlled by them. The Corporations Act, 2001 has provided far-reaching remedies in case the minority shareholders of the company have to face oppressive conduct. In this regard, the law requires that the director should use their powers and manage the corporation, considering the interests of the shareholders as a whole.But it is possible that the majority shareholders may expect or even demand that the corporation should be managed in such a way that is more favorable for the majority even if it proves to be harmful for others. Generally the minority shareholders lacked the ability to have an impact on the undertakings of the corporation, still it is vital that the directors act fairly and take care that their decisions endorse the interests of the corporation as a whole and all its shareholders and not only the majority shareholders. In case the directors were unsuccessful in it, they can be held in breach of their statutory duties and similarly, they also risk being engaged in oppressive conduct. In such a case, far-reaching remedies may be available against the directors that can have a significant impact on the company. The Corporations Act has also prescribe certain duties for the directors which mention that they should not use their position improperly and act in good faith and in the best interests of the company. These duties have been prescribed by the Corporations Act and also by the common law. Usually the term minority oppression denotes the conduct falling within the purview of section 232. This section provides extensive powers to the courts to provide relief to the shareholders in case the conduct of the affairs of the company, including any actual or proposed act, can be described as being contrary to the interests of the shareholders of the company as a whole or if it is oppressive, unfairly prejudicial or discriminatory against a shareholder or shareholders. In this way, the target of section 232 is the conduct due to which the minority shareholders of the company may have to face some commercial unfairness. This section has been drafted extensively and as a result, there are no defined limits placed on what may be considered as the offending conduct. In this case, the offending conduct can be the conduct of the company, or its directors or the other shareholders. For this purpose, conduct is evaluated by the courts by applying an objective test that is based on cons idering if the conduct will be considered as unfair by any reasonable commercial bystander. However it needs to be mentioned that in this regard it is not enough if a shareholder has been prejudiced or discriminated against. There should also be an element of unfairness that extends beyond a mere disadvantage. In practice, generally a question arises when a minority shareholder is subjected to unfairness or prejudiced due to the abuse of majority power or control on the corporation. The actions taken in bad faith are more likely to be treated as oppressive by the courts. However conduct can be considered oppressive even if it was undertaken lawfully and in good faith if such conduct proves to be disadvantageous or creates the burden on the minority that would be treated as beyond fair and reasonable by any commercial bystander. Such a conduct may take place even if all the members of the company have been treated equally. Some of the examples of the conduct stated by the courts as being oppressive, unfairly prejudicial or discriminatory can be given as follows. Therefore, such conduct includes the issue of shares, mainly for weakening the voting rights of the majority; nonpayment of dividend to the shareholders or making excessive payments to the directors when such decisions cannot be justified objectively due to the circumstances of the corporation; insistently declining to call the meetings in order to avert involvement by the minority shareholders; applying the funds of the company for the benefit of certain shareholders and not all the shareholders and excluding a director who represents a shareholder, from the management of the company. In most of the cases in which minority oppression has been alleged in the courts, unlisted private corporations are involved instead of the public entities. The cause behind this situation can be that in case of a listed corporation the disgruntled shareholders c an sell their shares but on the other hand, in case of a private company, there is generally no market for the shares owned by the minority shareholders. Generally it has been seen that in case of minority oppression, one shareholder or director is kept out of the management of the company or the company conducts the capital raising or share buyback due to which the equity of the minority is diluted. Other instances include the cases where the minority shareholders are not receiving any dividend or cannot sell their shares and their capitalist dog in the company indefinitely while the company is being run for the advantage of others, like significant salaries being paid to the management. Therefore under these circumstances, litigation appears to be the only way available to the minority shareholders to extract their capital. It also needs to be mentioned at this point that generally in case of minority oppression, there is also a breach of duties by the directors of the company, particularly the range of duties that have been mentioned in section 181 to 183, Corporations Act. In this regard, these duties of the directors can be briefly described as the duty of the directors to act in the best interests of the company (section 181); not exercising their powers for achieving an advantage (section 181) and not misusing the information received by the directors for achieving a personal advantage (section 183). Therefore in view of the statutory duty of the directors to exercise their powers in good faith and in the best interests of the company, it is necessary that the directors should act in best interests of the company, or the best interests of all the shareholders of the company as a general body. But in practice of ideas possible that the shareholders may have different or competing interests and as a result, sometimes it becomes very difficult on nearly impossible for the directors to act in a particular way so that everyone in the company can be satisfied. There are many decisions taken by the board of the company that may have very little or no direct impact on the individual shareholders but there are certain steps like share buybacks, situating capital raisings or the appointment/removal of the directors, that we have a direct impact on the interests of the individual shareholders. As a result, any acts of the directors in which the interests of one set of the shareholders have been preferred as compared to the shareholders as a whole, can be considered as a breach of their duties by the directors and it may also fall within the purview of oppressive conduct as mentioned in section 232. In this regard, section 232 provides that the courts have discretion to provide a wide range of remedies in order to protect the minority shareholders from the effect of oppressive conduct. Therefore the court may order that one or more shareholders purchase the shares owned by the minority, at a price that has been determined by the court; that the minority shares are purchased by the company; the appointment of a receiver and manager; a particular act should be done by a person or that the company may be wound up. However, it has been generally seen that the shareholders want that their shares should be purchased by the company or the other shareholders or in other words, a buyout ordered by the court at a price that has been decided by the court. According to the broad principle, the courts are required to grant the remedy in such a case that is least intrusive and therefore, generally the courts tried to avoid the remedy of winding up a solvent company. But when the court has ord ered a buyback and the majority shareholders of the company are unable to pay the price that has been fixed by the court, the court may order the winding up of the company. Similarly, the director shareholders who are held to be involved in oppressive conduct and the breach of their duties risk of being ordered that they should buy the shares belonging to the minority at the price decided by the court. In the present case, James and Jenny Lee are the majority shareholders of MTL and they jointly hold 60% shares in the company. They want to have a more significant role in managing the company and also advised the directors of MTL that the business strategy of the company should be changed and more attention should be paid to the wishes of the majority shareholders. In case the directors do not follow their wishes, they also threatened to take over the management of the company. But in view of the above mentioned discussion, it is clear that the directors of MTL should manage the affairs of the company, keeping in view the interests of all the shareholders of the company and not just the majority shareholders like James and Jenny Lee. On the other hand, a minority shareholder, Martin Lu who holds 5% shares in the company is concerned that the decisions taken by the directors of MTL will drain the assets of the company. In this regard, Martin wants that an extraordinary general meetin g of the shareholders of MTL should be called for the purpose of discussing these concerns but the board of MTL is reluctant to call such a meeting. This conduct of the directors of MTL can be described as oppressive conduct and as a result, the remedies that have been provided to the minority shareholders in case of oppressive conduct may be available to Martin Lu. The shareholders of MTL also want that the business of the company should be changed to smart phones and iPods but it needs to be noted that there is a clause present in the constitution of MTL according to which, the business of the company has been restricted to the manufacture of television and DVD players. Therefore, any change in the business of the company can be introduced only after a resolution has been passed by the majority shareholders of the company. The decision taken by the directors of MTL to establish another company, Stan Mobile Pty Ltd and sell the television business of MTL to this company can also be treated as a breach of directors' duties as these duties require that the director should not take a personal advantage through the decisions taken by them. Bibliography Crosling G M, Murphy H M, How to Study Business Law 4th Edition, Butterworths, 2009 Harris, J. Hargovan, A. Adams, M. Australian Corporate Law LexisNexis Butterworths 5th edition, 2015 Latimer, P, Australian Business Law CC, 2016 Edition Pentony, Graw, Lennard Parker, Understanding Business Law 3rd edButterworths, 2009 Stephen Graw, 2011, An Introduction to the Law of Contract, 7th Ed., Thomson Reuters Sweeney, OReilly Coleman, 2013, Law in Commerce, 5th Ed., LexisNexis Vermeesch, R B, Lindgren, K E, Business Law of AustraliaButterworths, 11th Edition, 2005

Tuesday, May 5, 2020

We Grow Accustomed to the Dark free essay sample

Darkness entails various reputations such as evil, loneliness, and anguish. Whenever darkness is mentioned there is likely to be no good in the vicinity. â€Å"We Grow Accustomed to the Dark†, by Emily Dickinson and â€Å"Acquainted with the Night†, by Robert Frost are full of similarities. They both share themes of darkness, but their tones are different. One poem gradually becomes hopeful while the other fills minds with thoughts of despair. The uniqueness of these poems are shown through there tones, structure and point of view. â€Å"Grow Accustomed to the Dark†, by Emily Dickinson is structured as a quatrain. Dickinson employs the word â€Å"we† often within this poem; meaning she is referring to a group who has become accustomed to darkness. This could very well be a group of people, or even society. Dickinson is not speaking about darkness being customary to her. She states in the poem, â€Å"We grow accustomed to the Dark – When Light is put away—â€Å". We will write a custom essay sample on We Grow Accustomed to the Dark or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page At one point there was happiness for this group of people, but once they go through a troubling time they adjust to be able to understand. This poem transitions from a sad tone to the tone of hopefulness. Dickinson says, â€Å"The bravestgrope a littleand sometimes hit a tree directly in the foreheadbut as they learn to see†. This is a metaphor meaning although people encounter darkness the brave ones try their hardest to succeed even though they may come across obstacles that cannot surpass. However the last part of the quote says â€Å"But they learn to see†, which is a transition from troubled times to hope. â€Å"Acquainted with the Night†, by Robert Frost, is similar to Dickinson’s poem, but has its differences. This is a lyrical poem that can be considered a sonnet because it has 14 lines. The point of view used is 1st person and â€Å"I† is used throughout this poem. Unlike Dickinson, Frost was speaking about his personal experiences in the darkness or night. The two tones in this poem were sadness and loneliness. It did not transition to a hopeful tone like the first poem. Robert Frost seems to be in an everlasting gloom. He says, â€Å"I have walked out in rainand back in rain†. Usually, when you walk back in the rain ceases, but Frost is experiencing despair and sadness that does not withdraw. Although these two poems differ, they are similar in theme, point of view, and interpretations of darkness. Throughout each poem the main theme was darkness. Dickinson and Frost both interpreted darkness as something sad, full of despair and gloom. In addition, the titles â€Å"We Grow Accustomed to the Dark† and â€Å"Acquainted with the night† are parallel. Although Dickinson used the word â€Å"we† to express darkness for a group, while Frost used â€Å"I† to express his personal experience in darkness they both used 1st person point of view. They are structurally different, and have many different tones; however they both speak with a similar interpretation of the darkness. Both poems were well written and succeeded to capture attention of the audience without distractions in the text. Dickinson’s poem transitioned from sad to more of a hopeful tone. Frost’s stayed stagnant with the recurring despair. Darkness is very significant in each poem because it describes the troubles each group or individual faced. Each poem was unique and had a different style about them because every writer different.