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Corporation Law Case Study

1. What common law duty and statutory duty if any has Julian breached? In the case involved, Julian had definitely breached his common, as well as statutory duties as a Director of Property Developments Ltd when he intentionally disclosed a confidential information, the bidding prices of various interested architectural firms, to his brother Raphael. More so, his failure to disclose to the Board that Raphael who will submit a tender is an act of dishonesty and bad faith. Common law provides that due to the fiduciary role of directors in the company, they have a duty not to abuse any confidential information that they knew or acquire as a consequence of their position. In Thomas Marshall (Exports) Ltd v Guinle [1979] Ch 227., the Court states that it is a breach of duty if a Director would be disclosing details of the company’s clients or suppliers in situations where such information would be considered to have been given in confidence. That in the case sample, it was clear that Julian who was in charge of the tender process, intentionally discloses the bidding prices of the various interested firms so that his brother could make a better bidding price. More so, Julian also violated Section 183 of the Corporations Act 2001 – Use of Information. Under the said proviso, it states that: A person who obtains information because they are, or have been, a director or other officer or employee of a corporation must not improperly use the information to: (a) gain an advantage for themselves or someone else; or (b) cause detriment to the corporation. A person who obtains information because they are, or have been, a director of a corporation must not improperly use the information to gain an advantage for themselves or someone else, or cause detriment to the corporation. (s 183 Corporations Act 2001 (Cth)). Another duty that Julian breached is his failure to disclose that his brother will submit a tender whom he initially informed of the bidding prices of his brother’s counterparts. Directors have a duty not to have a personal interest in a transaction with the company. A director will breach this duty where he or she enters into a contract with the company either directly (by personally contracting with the company) or indirectly (such as where the director is both a director and shareholder of another company which contracts with the first company of which he/she is a director).[1] Another qualification to the duty to avoid conflicts of interest is where a director makes fulldisclosure of the nature of his or her interest in the transaction to members of the company at a general meeting, and the transaction is approved by ordinary resolution.[2] Julian breached his duty to act in good faith because he leaked the information to his brother and did not disclosed his relationship with Raphael to the Board. 2. What common law or statutory duty have Sol and Daniel breached? A director or other officer of a corporation must exercise their powers and discharge their duties with the degree of care and diligence. (Section 180-Corporations Act 2001). Directors are required to make an informed and independent judgement on decisions put to the board of directors[3], and are required to place themselves in a position to guide the company and monitor its management.[4] As directors, Sol and Daniel should have verified or put queries to the proposed land to be acquired by the company. It is their basic duty to know the value of the land and how to finance the acquisition as the interest of the company is at stake in the situation. In Land Credit Company of Ireland v Lord Fermoy, 771, Lord Hatherly states, “…it would be carrying the doctrine of liability too far to say that directors are liable for negligence, not because they did not ask whether [the borrowers] were solvent and respectable, but because they did not inquire what they were going to do with the money.” Applying the afore stated doctrine, it laid that Sol and Daniel failed to observe their common and statutory duty to act with care and diligence. 3. If the directors have breached their duties do any of them have a defence and if not what are the consequences for them? Julian can be slapped with civil and criminal charges because of his acts. In the case sample, he breached his duties to act in good faith, not to make improper of position and not to make improper use of information. Julian can hardly have a defence on his side if his acts are discovered. As to Sol and Daniel they can be charged with civil offense for acting without care and diligence. However, both can make a defence that they did not acted in bad faith as they are in honest belief that the deal was proper and most importantly it did not put the company into disadvantageous position. If proven guilty, Julian, Sol, and, Daniel could be fined up to A$ 200,000.00, or ordered to be disqualified as director as their civil liabilities. As to the criminal liability of Julian he could face an imprisonment up to five (5) years or a fine of A$ 200,000.00 or both. References Corporations Act 2001 A guide to directors’ duties and responsibilities for non-listed public companies and proprietary companies in Australia Ian M Ramsay 1997, Corporate Governance and the Duties of Company Directors. The Centre for Corporate Law and Securities Regulation Faculty of Law The University of Melbourne [1] South Australia v Clark (1996) 14 ACLC 1019. [2] Woolworths Ltd v Kelly [1991] 22 NSWLR 189 [3]AWA Ltd v Daniels (t/as Deloitte Haskins
discussion post on failures. I’m working on a Business question and need guidance to help me study.

A couple paragraphs like maybe a page.
As your group analyzes the data collected from respondents for your final project, think about what you are reporting. What can it be used for?
For our discussion this week, we are going to focus on some failures in Marketing. Some were the direct result of “bad” marketing research or the company disregarding what was reported.
Choose one of the following products to research. Provide a paragraph summary of what happened. In another paragraph, tell us thoughts on what might have been done by the decision maker of the company. Please make sure to use proper APA formatting, spelling, and grammar in your submission. You will be required to use citations and references in this submission.
The product choices are:
Colgate Frozen Entrees
Starbucks Mazagran
Wow! Chips
Celery Jell-o
Apple Newton
Ford Edsel
Crystal Pepsi
New Coke
Patio Diet Cola
Cosmopolitan Yogurt
Microsoft Zune
The Nook
EZ Squirt Ketchup, Heinz
discussion post on failures

discussion 2.7

discussion 2.7. I’m trying to study for my Health & Medical course and I need some help to understand this question.

Create an original posting with a minimum of 250-300 words

Search and locate one systematic review or practice guideline in your topic of interest (Include the citation).
Evaluate the following:

The systematic review or practice guideline relies primarily on studies conducted in the last five years.
The review provides support for the importance of the study
The authors have use primary, rather than secondary sources.
Studies are critically examined and reported objectively
The systematic review or practice guideline is organized so that a logical unfolding of Ideas is apparent that supports the need for the review
The systematic review or practice guideline ends with a summary of the most important knowledge.

discussion 2.7

Assignment-2- MGT322

order essay cheap Assignment-2- MGT322. I’m trying to learn for my Management class and I’m stuck. Can you help?

The Assignment must be submitted on Blackboard (WORD format only) via allocated folder.
Students are advised to make their work clear and well presented, marks may be reduced for poor presentation. This includes filling your information on the cover page.
Students must mention question number clearly in their answer.
Avoid plagiarism, the work should be in your own words, copying from students or other resources without proper referencing will result in ZERO marks. No exceptions.
All answered must be typed using Times New Roman (size 12, double-spaced) font. No pictures containing text will be accepted and will be considered plagiarism).

Assignment-2- MGT322

WRTG 112 UMGC How Student Loan Forgiveness Could Increase Inequality Research Paper

WRTG 112 UMGC How Student Loan Forgiveness Could Increase Inequality Research Paper.

Topic: Student Loan ForgivenessInstructionsReflective EssayTask: Explain how the process of completing your research project has affected your understanding of an issue or event in society.Length: At least 2000 wordsSources: No minimum number of sources. Cite any sources you use in APA FORMAT.Topic: STUDENT LOAN FORGIVENESSYou began your research project by reading an article from the news about a current issue or event in society. Your goal in this essay is to explain to your professor how the research and writing you have done for your research project changed your understanding of that issue or event. You will explain what changes occurred in your understanding and how those changes occurred.Here are some questions you can consider in developing ideas for your essay:What changes occurred in your understanding?Do you know more about the issue/event now than you did before? (Probably!)Do you look at the issue/event from a different perspective following your research?Have you reconsidered opinions or assumptions that you held at the beginning of the semester?How did those changes occur?Which sources from your research had the greatest effect on your understanding?Did the process of writing about your topic affect the way you thought about it?What role did interaction with your classmates and/or professor play in your understanding of your topic?Organizing and supporting your essayYour essay must include an introduction, body paragraphs, and a conclusion.The introduction should gain your reader’s attention, orient the reader to your topic, and state your thesis.The body of the essay should include focused body paragraphs in support of your thesis statement. There are various ways you might choose to organize information in the body of your essay. Here are some suggestions you can consider:You might focus each body paragraph on a step of the research process and how that step affected your understanding of the issue/event.You might focus each body paragraph on your understanding at a particular time relative to the research process (before, during, after).You might focus each body paragraph on a particular aspect of the issue/event and explain how your understanding of that aspect developed during your research.The essay’s conclusion should answer the question “So what?” by placing the essay’s explanations into a larger context. To accomplish this, you can consider addressing one or more of these questions:Will your current understanding of your event/issue affect your future actions or decisions? If so, how?What lessons—about interpreting current events, about your field of study, about the research process—can be drawn from the experience of completing the research project?Is research of the sort done in WRTG 112 a worthwhile activity? Why or why not?Point of viewFirst person (I/me/my) is appropriate in this assignment, but second person (you/your) should be avoidedFormatting your assignmentIncorporate these elements of APA style:Use one-inch margins.Double space.Use an easy-to-read font between 10-point and 12-point.Include a title page with the title of your paper, your name, and the name of your school.
WRTG 112 UMGC How Student Loan Forgiveness Could Increase Inequality Research Paper

Sexual Behavior Essay

Sex is the concept that is treated from different perspectives so that eventually it turns out to have an enormous number of meanings. People are generally divided into males and females, considering their biological sex. In this way, they tend to believe that a person is a man or a woman on the basis of his/her physical characteristics. However, Schwartz and Rutter (p. 1) emphasize the fact that such approach is not always correct because psychically people can be of a gender opposite of their nature. For instance, man and women may perceive themselves differently. In this way, while he thinks of her as of an intelligent and beautiful person, she may consider herself to be plain and not good enough for the relationship. In a similar manner, a same-sex relationship is observed when two individuals of the same biological sex fall in love. In such situation, one of them tends to play a role of a partner with opposite sex. Thus, sexual desire and behavior that constitute sexuality are affected by people’s nature and societal expectations. Masculine and feminine actions are applied to individuals by a gendered society that discusses limited perspectives. Attraction and arousal are mainly driven by biological stimuli but are controlled by social frameworks (p. 4). People who find one another attractive and feel physical arousal are naturally expected to have sex in order to satisfy their desire. However, social influences tend to make both men and women reconsider the situation and compose themselves for a particular period of time because of the necessity to be in love and have a possibility of a future marriage. It is also significant to mention that the extent of sexual desire is enormously affected by society. Thus, being teenagers. Boys and girls get to know a lot of jokes according to which men have uncontainable sexual desire while women do not need it and are focused on romantic feelings. As a result, they tend to follow this pattern even without realizing it. Of course, there is a biological explanation that proves that men need to have many children to ensure the presence of the future populations, but societal influence makes it even more critical. Sexual behavior of men and women is determined by their desire, but it can be affected by cultural and societal beliefs significantly (p. 5). In the framework of biology, women tend to have a similar perception of sexual desire and related concepts. However, some populations maintain damage of the sex organs for females to avoid orgasm. In some societies, women are expected to be active during sex while in others there is no concept of orgasm and pleasure related to sex. Sexuality is both socially constructed and controlled even though its origin has biological nature (pp. 15-19). Apart from society, there is no necessity for people to create families and get married to have sex. However, religion and personal views of some people do not allow them to accept premarital sexuality. Social norms define the most appropriate ways of intercourse. A truly free sexuality is not possible because laws and generally accepted views do not allow individuals to choose a person to love. In this way, adults and teenagers may be attracted to one another and have a possibility to have children, but their relations are forbidden by law. Thus, it can be concluded that THESIS: gender but not biological sex reveals people’s sexuality so that even the most biologically natural processes are greatly affected by society and originate from its effects.

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