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Business Law Essay Example | Topics and Well Written Essays - 500 words - 16
Business Law - Essay Example One such case alluded in the article was chosen in 1991 at California in which an engineer named Mark Boroug...
Saturday, January 18, 2020
Slavery and Multiple Choice Worth
Douglass' fellow slave, Bill, joins in the beating to which Douglass is subjected. True False ________________________________________ Question 2 (True/False Worth 10 points) After beating Mr. Covey, Douglass is forced to flee for his life, and immediately goes to the North for freedom. True False ________________________________________ Question 3 (Multiple Choice Worth 10 points) Douglass decides to enter a complaint against Mr. Covey with his master, Thomas, who finally instructs him to: return to Mr. Covey to collect his belongings and wages for Master Thomas. eturn to Covey immediately, that he (Thomas) suspected he deserved the beating. stay the night at St. Michael's and then return to Mr. Covey in the morning. go to Mr. Hugh Auld's house immediately to resume his position as house servant. ________________________________________ Question 4 (Multiple Choice Worth 10 points) Sandy Jenkins gives Douglass: a medicinal herb to heal the cuts on Douglass' back and severe cracks in his feet. a talisman, an object invested with supernatural powers, to ward off any further beatings from Mr. Covey. means to pacify his appetite until dinner a gift. He was instructed by Sandy Jenkins to plant it on the edge of the farm to serve as a landmarker for freedom. ________________________________________ Question 5 (Multiple Choice Worth 10 points) Mr. Covey's character can best be described as: a violent bully who cowers when faced with firm resistance. a charming man who wrestled with the idea of of slavery in his heart. a minister-type who uses religion to justify the severe abuse of his slaves. a soft-spoken introvert who had a hard time making his slaves obey him.
Friday, January 10, 2020
A Social Reminder
ââ¬Å"Cooking Mo, Cooking Koâ⬠- A Social Reminder ââ¬Å"Cooking Mo, Cooking Koâ⬠is a short film directed by Chris Martinez that was shown in the year 2011 to commemorate Nestle Philippinesââ¬â¢ successful 100th anniversary in giving Filipinos practical products. The movieââ¬â¢s main purpose is to advertise the product ââ¬Å"Maggi Magic Sarapâ⬠and at the same time give us an abounding laughter and entertainment. The story circles between the attached Capule and Montano families who had a conflict with each other because of their eatery business.Later on, their children, Romina Montano and Julius Capule, engage in a love affair which worsens the cold connection between the two conflicting families. The couple strives hard to save their relationship, until they finally decided to abscond and marry each other giving birth to a child who became the key to solve the long existing clash the two families had. The actors that portrayed the characters in the movie lik e Sharmaine Buencamino, Nonie Buencamino, Isay Alvarez, Robert Sena, Eda Nolan and Dominic Roco showcased their magnificent acting prowess and delivery in their unconventional lines with humor and emotions.Its effective plot is also admirable because it gives extensive interest to its viewers. Behind this promotion, it tackles some of our countryââ¬â¢s great social predicaments. In the movie, competition for money greatly influences a personââ¬â¢s every action and way of living. Commonly, it is the reason that crashes the important relationships and friendships we have. The case of eloping couples is one of the most common problems we hear that events to unplanned families and financial problems. It also illustrates disobedience to parents which may lead to distorted futures and broken families.Generally, the movie tells us that arguing because of money is a waste of time. Friendships should not be destroyed because of small problems. Instead, it should become stronger by thes e obstacles we face. There is nothing better than to be love and feel peace when youââ¬â¢re with your friends, neighbors and family. For me, this movie deserves a high mark for showing a total package short film and excellent cinematography. Furthermore, I would like to give this movie a credit in putting on a wonderful story in a short length film.
Thursday, January 2, 2020
The Goals Of Love And Romantic Relationships - 989 Words
In a disquieting chapter on ââ¬Å"Love and Romantic Relationships,â⬠Kenrick, Neuberg, Cialdini (2015) list the goals of love and romantic relationships as 1) obtaining ââ¬Å"sexual gratificationâ⬠, 2) establishing ââ¬Å"a family bondâ⬠, and 3) ââ¬Å"gaining resources and social statusâ⬠(p. 246). The authors use the ââ¬Å"unconventionalâ⬠(p. 273) relationship of Diego Rivera and Frida Kahlo as a ââ¬Å"positiveâ⬠(p. 273) example of a love relationship. Numerous questions and philosophical issues may be raised by the authors perspective. One of which is that the goals listed above seem to be self-focused. Are love and romantic relationships truly about having oneââ¬â¢s own needs met? Questions like this can best be answered by understanding the difference between selfishness, selflessness, and altruism. In a PowerPoint presentation (2010), Kenrick, Neuberg, Cialdini define pure altruism as, ââ¬Å"behavior that benefits another intentionally for no external or internal rewardâ⬠(slide 66). Neel Burton M.D. (2016) further clarifies, An act should not be written off as selfish or self-motivated simply because it includes some inevitable element of self-interest [or reward]. The act can still be counted as altruistic if the ââ¬Ëselfishââ¬â¢ element is accidental; or, if not accidental, then secondary; or, if neither accidental nor secondary, then undeterminingâ⬠¦ [This is the] very heart of ancient virtue, which can be defined as the perfection of our nature through the triumph of reason over passion. The truly altruistic actShow MoreRelated`` Friends With Benefits `` Vs. `` Blended `` : Romantic Comedies892 Words à |à 4 Pagesââ¬Å"Blendedâ⬠: Romantic Comedies Several people believe women prefer romantic comedies, than action movies, but I could not find statistical researches about the topic. The truth is that the majority of my girlfriends voted for romantic comedies, because these movies invigorate love, trust, inspiration, and above all, happiness instead of sadness. Romantic movies are classic, kissing, love at first sight, heartbreaking love; however, romantic comedies added the art of laughter, transforming romantic moviesRead More The Idea Of Romantic Love Essay1200 Words à |à 5 Pages We are brought up on romantic love. Is this true in your experience? If so write a paper on which you first define this amorphous concept and then discuss how you came about it. For eg. Have you been influenced by media, T.V., movies in particular. Conclude by stating whether you believe in romantic love or have cast of the idea. ââ¬Å"I donââ¬â¢t care what you think, when he comes Iââ¬â¢ll leave and wonââ¬â¢t even turn back and look at you, heââ¬â¢ll love me, he wonââ¬â¢t be like youâ⬠¦Ã¢â¬ Words spoken by me when I was barelyRead MoreAnalysis Of The Book Blood Red Road 1044 Words à |à 5 PagesSabaââ¬â¢s True Goal Romance can be a part of someoneââ¬â¢s life, but it isnââ¬â¢t always the main focus. In the article ââ¬Å"I Canââ¬â¢t Think About Kissing: Strong Female Protagonists and Romance in Dystopian Young Adult Fictionâ⬠, university student Mollie Hall discusses romance in dystopian novels: ââ¬Å"Romance is pursued, but it is a side pursuit in the female protagonistââ¬â¢s journey instead of the goal.â⬠(Hall 5). This statement is true in the novel Blood Red Road by Moira Young. Saba is a girl with a plan, who hasRead MoreBiological Factors of Human Relationships1057 Words à |à 5 Pagesof relationships- whether it is romantic, friendly or family related. Many researchers have conducted studies in which they have attempted to try and explain the link between biological factors and human relationships. I am going to specifically focus on Bowlbyââ¬â¢s study on the role of hormones in bonding, Bussââ¬â¢ study on women jealousy and its relation to estrogen level s, Fishers study on the brain and its role in romantic relationships, and Marazziti who studied the effect of serotonin on love obsessionRead MoreRomeo and Juliet Themes: Love889 Words à |à 4 Pageshuge part of our culture today. The story of two star-crossed lovers, separated by an age-old family feud, which is eventually ended by the death of both Romeo and Juliet, is deeply embedded in our cultural psyche. It is an allegory, a story of true love and sacrifice, that continues to resonate throughout modern time. There is a great deal of social stigma attached to the story. People are very critical of Romeo and Julietââ¬â¢s decisions. Also, people are inspired, interested, and influenced byRead More John Irvingââ¬â¢s The Cider House Rules Essay1347 Words à |à 6 Pageswithout love, happiness is impossible. Webesterââ¬â¢s Dictionary defines happiness as, ââ¬Å" a state of well being or contentment.â⬠Three types of love which are necessary for contentment a re; familial love, romantic love and friendship. In John Irvingââ¬â¢s, The Cider House Rules, Melonyââ¬â¢s bitterness prevents her from developing these forms of love vital for true happiness. Her hostility towards others prevents her from developing familial love. Intense animosity and contempt ruin Melonyââ¬â¢s romantic relationshipsRead Morelove952 Words à |à 4 Pagesfrom interpersonal affection (I love my mother) to pleasure (I loved that meal). It can refer to an emotion of a strong attraction and personal attachment.[1] It can also be a virtue representing human kindness, compassion, and affectionââ¬âthe unselfish loyal and benevolent concern for the good of another.[2] It may also describe compassionate and affectionate actions towards other humans, one s self or animals.[3] Ancient Greeks identified four forms of love: kinship or familiarity (in GreekRead MoreRomeo And Juliet As A Romance Or Romance1260 Words à |à 6 PagesIn Romeo and Juliet by William Shakespeare, Shakespeare takes a romantic story of two star-crossed lovers, willing to go to the end of the Earth for each other, and turns their tale into one of the greatest tragedies of the modern era, filled with despair, devastation, and death. Whether Romeo and Juliet is a tragedy or romance is a disputed topic amongst historians and critics because there is evidence that suggests the play falls into both genres. Romeo and Juliet can be viewed as a tragedy becauseRead MoreAnalysis Of My Life With The Wave 1497 Words à |à 6 Pageswater as an extended metaphor for dysfunctional, emotional changes that occur in romantic relationships, and, more specifically, in women. The wave is personified through female characterization to highlight the uncooperative nature of women in romantic relationships. The various transformations for water act as a metaphor for various transformations in a dysfunctional romantic relationship. The water is also symbolic of love in that it goes on forever and is often inescapable. Paz effectively appliesRead More`` New Love : A Short Shelf Life, By Sonja Lyubomirsky949 Words à |à 4 PagesMost people believe that love is the base of a blissful marriage, but marriage carries a bigger responsibility than just the happiness of two people. When a couple is united together under the contract of marriage, both partners have their duties in the relationship. They must share each otherââ¬â¢s burden regarding to financial stability, caring for the children, and other factors in order to create a lasting marriage. To fall in love is a natural right that all human beings should have. But that choice
Wednesday, December 25, 2019
Achieving the American Dream in Death of a Salesman by...
Achieving the American Dream in Death of a Salesman by Arthur Miller Willy Loman is a man on a mission. His purpose in life is to achieve a false sense of the American Dream, but is this what Willy Loman really wants? In Death of a Salesman, Arthur Miller analyzes the American Dream by portraying to us a few days in the life of a washed up salesman named Willy Loman. The American Dream is a definite goal of many people, meaning something different to everyone. Willys version is different from most people though; his is based more on being well-liked and achieving monetary successes rather than achieving something that will make him happy. Willy never becomes part of the American Dream because he never follows his true dreams andâ⬠¦show more contentâ⬠¦If people work their entire lives to achieve something that they can enjoy at the end of their life, they will miss the entire journey in between. The American Dream is the basis of American culture although some ideals at the heart of it seem incorrect. Willy Lomans dream is an adaptation of the American Dream. Willy believes that the only things that are important in life are the successes that he achieved and the amount of friends that he made. This is easily illustrated when Willy says Its who you know and the smile on your face! ... and thats the wonder, the wonder of this country, that a man can end with diamonds here on the basis of being liked! (Movie). Success is an important part of the American dream, but Willy puts too much importance on the need to achieve success. He neglects the needs of his family and chooses to remain in the mindset that as long as he is well liked he will achieve success. Although he has lost his ability to sell, Willy continues to believe that as long as he works hard good things will happen to him and his family. Willys wife Linda realizes this and conveys these thoughts to her sons when she says He drives seven hundred miles, and when he gets there no one knows him anymoreâ⬠¦ what goes throu gh a mans mind, driving seven hundred miles home without earning a cent? (Movie). Willy has delusional ideas about the American Dream. Even in the end Willy still believes that the only thing Biff needs to be successful is someShow MoreRelatedAnalysis Of Arthur Miller s Death Of A Salesman 1136 Words à |à 5 PagesGarett Miller Mr. James Mahle THE2000 2 August 2, 2016 Arthur Millerââ¬â¢s Impact Arthur Miller was born in 1915, and he died in 2005. He is possibly the most well-known and influential American playwright. He grew up during the Great Depression, so many of his plays deal with the American middleclass lifestyle. His two most influential works are Death of a Salesman and The Crucible. Death of a Salesman is about the tragic white collar worker, Willy Loman, while The Crucible is about the Salem witchRead More A Comparison of the Dream in Death of a Salesman, Ellis Island, and America and I1328 Words à |à 6 PagesThe Dream in Death of a Salesman, Ellis Island, and America and I à à à à à The American dream is as varied as the people who populate America. The play The Death of a Salesman by Arthur Miller, the poem Ellis Island by Joseph Bruchac, and the poem America and I by Anzia Yezierska illustrate different perspectives of the American dream. All three authors show some lines of thought on what the freedom inherent in the American dream means. The authors clarify distinct ideas on the meansRead MoreComparing Death of a Salesman by Arthur Miller and Fences by August Wilson 1403 Words à |à 6 PagesFences written by August Wilson and Death of a Salesman written by Arthur Miller are two plays that could be considered very different in terms of their plot. The plots of both plays contain two very different cultural backgrounds which affects each protagonist differently. If the reader or audience looks past the plot into the theme and symbolisms used they can see that the plays are more similar than they are different. In spite of the differ ent cultural backgrounds of each protagonist they bothRead More The American Dream Conspiracy in Death of a Salesman Essay1728 Words à |à 7 PagesArthur Millerââ¬â¢s Death of a Salesman tells the story of the failure of a salesman, Willy Loman. Although not all Americans are salesmen, most of us share Willyââ¬â¢s dream of success. We are all partners in the American Dream and parties to the conspiracy of silence surrounding the fact that failures must outnumber successes.(Samantaray, 2014) Miller amalgamates the archetypal tragic hero with the mundane American citizen. The result is the anti-hero, Willy Loman. He is a simple salesman who constantlyRead MoreThe Internal and External Conflicts of Willy Loman Essay1190 Words à |à 5 Pagesinternal and external conflicts throughout literature. Going in depth to a character allows the reader to better understand that characterââ¬â¢s internal and external conflicts. Arthur Miller uses this technique in several of his plays, including Death of a Salesman. Miller portrays the character of Willy Loman in Death of a Salesman through his internal and external conflicts. The internal conflict begins with Willyââ¬â¢s expectations for his sons and The Woman. Willy struggles throughout the play withRead MoreThe False Hope of the American Dream in Death of a Salesman1508 Words à |à 7 PagesThe False Hope of the American Dream in Death of a Salesman The American Dream is something every American family strives to achieve some families push too hard to get to the place where they feel that they have achieved this dream; this is the case in the life of the Lomen family. The Lomenââ¬â¢s are the typical American family in the 1940ââ¬â¢s. Willy and his wife Linda are a middle class family with two sons named Biff and Happy. Willy is an ageing traveling salesman that is struggling toRead MoreEssay about A Shattered Dream in Death of a Salesman by Arthur Miller2640 Words à |à 11 PagesA Shattered Dream in Death of a Salesman by Arthur Miller Death of a Salesman tells the story of a man confronting failure in the success-driven society of America and shows the tragic path, which eventually leads to Willy Lomans suicide. Death of a Salesman?is?a search for identity, [Willy?s] attempt to be a man according to the frontier tradition in which he was raised, and a failure to achieve that identity because in [1942] and in [Brooklyn] that identity cannot be achieved. (GrossRead MoreDeath Of A Salesman By Arthur Miller1628 Words à |à 7 PagesArthur Miller wrote the Pulitzer Prize winning play Death of a Salesman in 1949. The play inflated the myth of the American Dream of prosperity and recognition, that hard work and integrity brings, but the play compels the world to see the ugly truth that capitalism and the materialistic world distort honesty and moral ethics. The play is a guide toward contemporary themes foreseen of the twentieth century, which are veiled with greed, power, and betrayal. Millerââ¬â¢s influence with the play spreadRead MoreFailure Of The American Dream In The Writings Of F. Scott Fitzgerald, Zora Neale Hurston, And August Wilson1418 Words à |à 6 Pageswill define the failure of the â⬠American Dreamâ⬠in the writings of F. Scott Fitzgerald, Arthur Miller, Zora Neale Hurston, and August Wilson. Fitzgeraldââ¬â¢s account of the Jay Gatsby s rise to fame in the 1920s defines the failure of financial success as part of the American Dream. Gatsby will eventually die due to his excessive greed, which is not unlike the emotional death of Willy Loman as he fails to become a successful salesman in Author Millerââ¬â¢s Death of a Salesman. More so, Hurstonââ¬â¢s depictionRead MoreCharacteristics Of Willy Loman A Tragic Hero834 Words à |à 4 PagesWilly Loman a Tragic Hero? Death Of a Salesman is a 1949 play written by american playwright Arthur Miller. It is a breathtaking play about Willy Loman, a salesman, trying to chase a dream that died long ago. It expresses how the old manââ¬â¢s life comes crumbling down with his last few attempts to make some of his dream reality and help his family in debt. Now people are debating weather Willy loman fits the right characteristics to be classified as a tragic hero. A tragic hero is someone who makes
Tuesday, December 17, 2019
Marx s Theory Of Socialism - 987 Words
Karl Marx was a philosopher, economist, sociologist, journalist and revolutionary socialist. Marx defined capital as a social, economic relation between people. In many of his writings, Marx had implied that revolutions within the proletarian society would be inevitable and the proletariat would become the ruling class all over the world (Kreis, S 2000) Marx proposed this theory of revolution based on Hegelian concepts of the dialectic. The philosophical and ideological aims put forward were to bring about his version of socialism, known as communism. During the winter of 1857 Marx produced an outline of his critique of the political economy in an unfinished manuscript called The Grundrisse (Fowkes, B 1997). Marx believed that deficiencies in the economy and social injustices inherent to capitalism would ultimately lead to the breakdown of capitalist societies. He predicted that this breakdown of the capitalist societies would ultimately give rise to communism. For Marx, identifying the fundamental contradictions of the capitalist system of production was the first step in hastening the downfall of what he saw as an unstable, unfair social system. Marx referred to the relationship between the bourgeoisie and the proletariat to one of inevitable conflict, in that the proletariat is systematically exploited under capitalism. Marx believed that labour is the only real source of wealth. Capital itself; land factories, ports, railroads, etc.; represents simply stored labour,Show MoreRelatedModern Political Ideas and Doctrines Essay1670 Words à |à 7 PagesModern Political Ideas and Doctrines a) How did Marx conceive the transition from capitalism to communism? Karl Marx is considered to be a historian, a philosopher, a political thinker, and an economist amongst other things. There is a standard misconception that Marx had no idea of economics, by contrast he was quite the economist, and was able to layout the transition of capitalism to communism in a very logical and understanding way. The transition of capitalismRead MoreManifesto Of The Communist Party920 Words à |à 4 Pagesdrafted as, ââ¬Å"Manifesto of the Communist Partyâ⬠, is a pamphlet written by Karl Marx, that in essence reflects an attempt to explain the goals and objectives of Communism, while also explaining the concrete theories about the nature of society in relation to the political ideology. The Communist Manifesto breaks down the relationship of socio-economic classes and specifically identifies the friction between those classes. Karl Marx essentially presents a well analyzed understanding of class struggles andRead MoreDialectical Journal Michael Chang The Communist Manifesto 1422 Words à |à 6 Pages Dialectical Journal Michael Chang The Communist Manifesto by. Karl Marx, Friedrich Engels Text Date Response The Manifesto begins with Marx quoting, the history of all hitherto existing society is the history of class struggles. Marx describes these classes as two entities; The bourgeoisie as the rich capitalists, and the proletariats, who were the working class. In societies of past, the oppressor and oppressed are in constant opposition to each other. This fight can be obvious or sublimeRead MoreThe Many Faces Of Socialism1314 Words à |à 6 PagesThe Many Faces of Socialism Socialism has worn many faces throughout history, some good and helpful, others harsh and controlling. Socialism has been an important political and economic idea since the early eighteenth century; It has gained popularity from the underlying idea that the government, market, and social systems should benefit the people not large corporations. Socialism is the idea that a state s economy and society should be run democratically and should meet the needs ofRead MoreThe Communist Manifesto By Bertell Ollman953 Words à |à 4 PagesAfter reading the Communist Manifesto, I was deeply thinking of how Marxism theory be applied in contemporary society and how much benefit it brings to this developing modern world. What will things be look like after the revolution could be a questions often put to Marxists. But the answers are frequently unclear and vague. Since socialism emerges out of capitalism as a result of a successful struggle against it by the working class, the specific measures introduced by the revolutionary socialistRead MoreThe Communist Manifesto Marx And Engels855 Words à |à 4 PagesFor Karl Marx, the analysis of social class, class structures and changes in those structures are key to understanding capitalism and other social systems or modes of production. In the Communist Manifesto Marx and Engels comment that the history of all hitherto existing society is the history of class struggles. Analysis of class divisions and struggles is especially important in developing an understanding of the nature of capitalism. For Marx, classes are defined and structured by the relationsRead MoreKarl Marx And The German Political System1427 Words à |à 6 PagesKarl Marx was born on May 5th 1818 in Trier, Germany, which was then known as the Kingdom of Prussia. Karl was a philosopher, economist, sociologist, journalist, and revolutionary socialist. His work in economics laid the basis for much of the current understanding of labor and itââ¬â¢s relation to capital, and subsequent economic thought. He was born into a wealthy upper middle-class family. He attended school at the University of Bonn and later he studied law and philosophy at the University of BerlinRead MoreThe Communist Manifesto And Das Kapital1507 Words à |à 7 PagesKarl Marx A German philosopher, economist, journalist and revolutionary scientist, Marx was best known for his work in economics. He laid the foundations for today s theories of labor and capital. The Communist Manifesto and Das Kapital were among the most famous of his published works. Born to a middle-class family in Trier, Prussia in 1818, his parents were Jewish, but converted to Christianity in 1816 due to strict anti- Jewish laws. He was baptized as a Christian at the age of six but laterRead MoreThe Debate Between Capitalism And Socialism1580 Words à |à 7 PagesCapitalism and Socialism, it is necessary to understand what the differences, advantages, and disadvantages are of both systems. In the dictionary it states capitalism is an economic and political system in which a country s trade and industry are controlled by private owners for profit, rather than by the state. Socialism is a social and economic system characterized by social ownership of the means of production and co-opera tive management of the economy, as well as a political theory and movementRead MoreSocialism And Its Nature Of Supporting Economic And Social Equality1508 Words à |à 7 Pagesthinking is necessary in societal progress, which the socialist ideology highlights and embodies. Socialism is a justifiable and critical ideology because it supports an environment of equality, encourages revolution, and occasionally strives for utopia. The first important aspect of Socialism is its nature of supporting economic and social equality. In order to understand this feature of socialism, one must grasp the importance and benefit of equality to a society. Albert Fried summarizes
Monday, December 9, 2019
Company Illegal Acts and Negligence â⬠Free Samples to Students
Question: Discuss about the Company Illegal Acts and Negligence. Answer: Introduction: There are various cases where the members of a company held liable for certain illegal acts including negligence. The dispute arise when it becomes hard to proof whether the offender himself will be liable for the wrongful acts or whether the whole company will held liable for that. The court has, for the first time, in the case of Salomon v Salomon decided that the company is a separate legal personality and it will not held liable for the negligent or wrongful acts of the members. In Australia, offence relating to negligence is fall within the scope of Tort law and in case where the members of a company are engaged in any negligent act, it will fall under the provisions of the Corporate Tort. An act can be called as negligent act if the wrongdoer has failed to show reasonable care during the course of their employment. The Corporation Act has imposed certain duties on the directors so that they can perform their acts carefully. According to section 180 of the Act, the directors are required to act in good faith while doing their business. It is not required to involve in any wrongful gain during the course of their business. In case of ASIC v Adler (2002) 168 FLR 253 the court has observed that if the directors are negligently using their position and act for certain illegal way, they will be held liable for that. In Australia, many cases are pending before the Court regarding the wrongful acts of the directors and many times, it can be observed that certain directors are also the shareholders of the company. The case of the Cassimetes (2012) is an ideal example regarding the same. In this case, it has been observed that the directors of the company had failed to show sufficient care to the investors and the investors had to face lots of trouble for that. When they are interrogated by the court, they took the plea that they are also the shareholders of the business and they had to face troubles too. The court has rightly observed in that case that it is the duty of the director to take all the reasonable care for securing the interest of the shareholders and in this case, they have failed to comply with the same. Therefore, the directors could not take the plea that they have shares in this case. According to the provisions of the Corporation Act, the provisions of the section 180 to section 1 83 are applicable to all the directors. It has further been stated that in case the directors could not meet the requirements and even unable to satisfy the provision mentioned under section 180(2) of the Act, they have to face civil and criminal penalties. The civil penalty provision has been comprised in section 1317E of the Corporation Act. Criminal penalty provision has been engraved under section 183 of the Corporation Act. In the case of Kramer v Kramer (1979), it has been held that the directors have certain fiduciary duties and they have to perform it diligently. In case they have failed to do so, they will be held guilty for it. The acts and duties of the directors are governed by the Corporation Act and according to section 1317E of the Act, if the directors have failed to perform their duties, they will have to face penalties for that. However, it is to be noted that the act of negligence is civil in nature and therefore, if the directors are held liable for any negligent act, they will have to face civil penalties that are laid down in section 1317E of the Act. In the case of Turquand v Marshall (1869) LR 4, it has been observed, being a director of a company, they play important role and considering the potentialities of the directors, it has been observed that the directors must not misuse their position. If they held liable for misusing their position, they will make a breach of their duty. According to the Tort Law of Australia, breach of duty comes under the provisions of the negligence. However, according to the law of Australia, the negligent must be gross in nature and mere negligence will not attract the provision of the Tort Law. By gross negligence it can be stated certain situation where the company or any shareholders has to suffer lot of problem. There are certain cases where the acts of the directors are directly linked with the company and if the acts of the directors are performed for the benefits of the company, the whole company will be held liable for that. The concept of separate identity of a company has separated its liabilities from its members. However, a company can vicariously be liable for the wrongful acts of its employees. According to the law, directors are the minds of the company and without them; companies could not perform its job officially. Therefore, where the directors are involving in any wrongful acts for securing the interest of the company, the company will be held liable for such crime. This principle is known as corporate liability. The term vicarious liability is depended on the master servant principle where it has been observed that the master will be liable for the wrongful acts of the servant if the wrong has been done due the course of their employment. This term has been applied in case of Tort Law. Crime means where the intention and act of the accused are illegal. It has been observed in Tesco Supermarket Ltd v Nattrass [1972] AC 153 that both the knowledge and state of mind are essential for proving th e criminal activities of a company. In Ferguson v Wilson (1866) LR 2 Ch App 77, the court states that a company can be held liable for criminal breach of contract. Every company is required to perform their work safely and the company should follow the provisions of the Occupational Health and Safety Act. If a company has to make profit and incorporate for certain illegal acts, the company will be held liable for the same. The liability of a company can be divided into two parts: primary and secondary. When the company itself does a wrong act, it will be regarded as primary liability and when the agent or an employee does a wrongful act, it will be regarded as secondary liability. The primary liability of the company has been established in the case of Lennards Carrying Co. Ltd v Asiatic Petroleum Co Ltd [1915] AC 705. The directors are regarded as the mind of the company and therefore, if they act to gain illegal profit for the company, the company will be held liable. In the case of Bolton Engineering Co, Ltd v T J Graham Sons Ltd [1957] 1 QB 159, it has been held that if an agent of a company held liable for any criminal activities and if o utcome of the act is attached with the interest of the company; the company will be held liable for such criminal acts under the principle of vicarious liability. In Hollis v Vabu Pty Ltd (2001) 207 CLR 21, it has been observed by the court that the agent of the company was held liable for the negligent act and that causes injury to the plaintiff. According to the court, as the injury has been made during the course of work and the alleged agent was served for the company, the company will be held liable under the principle of vicarious liability. In case of Securities of Australia Pty Ltd v Clinton Joseph Brilly [2008] NSWCA 204, it has been observed by the court that if a company has been incorporated with certain fraudulent purpose, the corporation will be held liable and the veil will be pierced automatically. In S Y Pty Ltd v Commercial Union Assurance Co. (1986) 82 FLR 130, the court has observed that if the directing mind of a company is accused of murder during the course of his employment, the company will be held liable for the same. However, a company will not held liable if the directing minds of the company has done certain illeg al acts against the interest of the company and it has been observed in the case of R v Gomez [1993] AC 442. The direct liability of a company has been established in Hamilton v Whitehead (1988) 166 CLR 121. It has been held in R v Australasian Films Ltd (1921) 29 CLR 195 that if an agent of a company attempted to defraud the revenue at the time of his work or employment, the company will be held liable for the crime until the fraud has been made for the interest of the company. If the fraud has been made for any personal interest of the agent, company will not be liable for the offence. The company can be held liable under the Criminal Code Act 1995 if any act of the company come under the provision of chapter 2 of the Code. Reference: ASIC v Adler (2002) 168 FLR 253 Australia Pty Ltd v Clinton Joseph Brilly [2008] NSWCA 204 Bolton Engineering Co, Ltd v T J Graham Sons Ltd [1957] 1 QB 159 Ferguson v Wilson (1866) LR 2 Ch App 77 Hamilton v Whitehead (1988) 166 CLR 121 Hollis v Vabu Pty Ltd (2001) 207 CLR 21 Lennards Carrying Co. Ltd v Asiatic Petroleum Co Ltd [1915] AC 705 R v Australasian Films Ltd (1921) 29 CLR 195 R v Gomez [1993] AC 442 S Y Pty Ltd v Commercial Union Assurance Co. (1986) 82 FLR 130 Tesco Supermarket Ltd v Nattrass [1972] AC 153 Turquand v Marshall (1869) LR 4
Sunday, December 1, 2019
Strategic Purchasing free essay sample
Sustainable business growth and practices are taking a forward leap in to the globe. Almost every business now is planning to have a value chain through out their business. Strategic Purchasing is the key element to a sustainable growth of the business along the competitive edge. This study shows the importance of the Kraljic portfolio model that is to be put in to the actual usage, which would yield benefits of purchasing sophistication in terms of positioning and professionalism. Results showed that both positioning and professionalism are positively related to the greater usage of the model. Based on the analysis of a Dutch chemical company, the immense use of the portfolio model has been described and explored in strategic purchasing. The results have proved that when the model is tailored and elaborated it brings about an effective guidance in purchasing and supplier strategies. The case study also lists out the supplier strategies that are feasible. We will write a custom essay sample on Strategic Purchasing or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Thus it supports the fact by using the kraljic model that purchasing function does play a vital role and enable organizations to gain competitive advantage The Initial objective of strategic purchasing to procure materials amp; equipmentââ¬â¢s, from the right origin, with the right quantity and of the right quality, through right time and cost (peter 1993). Strategic purchasing does play a vital role in an organization. To have a successful business venture purchasing has to be the core element responsible for a productââ¬â¢s quality, acceptability, price and reliability. Procurement system solely depends on the choice of suppliers, to ensure the delivery under any circumstances (John, Marton 2006). In few cases, DSM is locked in the partnering relationship due to necessity, might be cause of situations like monopolistic market. The only solution to this would be finding alternative suppliers through proper new development of suppliers. This solution will not be obtainable when the scenario is due to patents, another situation would be when the supplier does not want to involve really in co ââ¬â development (Van Weele 2006). There is more likely for the partnership to change into the indolent and chances of being more relaxed in the relationship. Strategic partners should always be a supplier of world class. World-class suppliers are high performing, alert at all times and technically sound through sense of economy. This clearly depicts that strategic patterns will meet the benchmark externally with more satisfactory performance of price (Van Weele 2006). Decomplexing strategy and supplier development (2) must be pursed when the situation turns vice versa, that is when the partnerships show under achieving performance or patterns. Less complexity products when made, leads to alternative solutions within reach. Effectively, DSM wants itself always to be less dependent on non dependable and under achieving suppliers (Van Weele 2006). Importance of kraljic portfolio model is clearly understood when it is actually put into use and customizing of the same would enhance the solving capability of the strategic issues that are at hand. The portfolio model provides guidelines for a better supplier and purchasing strategies. This case study clearly suggests us the importance of placing commodities at different quadrants of the matrix to help in development of the purchasing strategies (Van Weele 2006).
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