Law coursework Essay Example | Topics and Well Written Essays - 2000 words

Law coursework - Essay Example Resulting from this unique position of power, directors are legally considered to stand in a fiduciary relationship with their company, and are subject to specific duties stemming from that relationship (Regal (Hastings) Ltd v Guliver (1967). Where an employee or director of a company (1) takes advantage of business opportunities made known to them during the course of their relationship and diverted such opportunities to themselves, (1) receives bribes from suppliers, and/or (3) engages in unlawful competitive activity, the employee or director will not be permitted to retain that benefit, as the law treats money or corporate opportunities as belonging to the principal company. In addition to this, if the person owing the fiduciary duty earns further profits from a breach of fiduciary duties, those profits also belong to the principal. Principals are in some circumstances entitled to trace the property received through to third parties. Moreover, even if the person has spent the mon ey or disposed of the assets in question, a fiduciary remains personally liable for the monetary equivalent of the benefit received (Gillhams). Over the time, the courts have construed company directors' fiduciary duties as being duties to: act in good faith and for proper purpose; a) avoid conflicts of interest; b) retain directors' discretion; and c) act with due care and skill; Directors also owe a duty of care to their company under the common law of negligence. In addition to these general law duties, directors owe statutory duties under the Corporations Act 2001 (Cth), (Stephens) such as duty to act in good faith in the best interest of the company and duty to prevent insolvent trading by company (Ibid). The Companies Act of 2006 provides seven general duties in the new statutory statement as follows: a)?A duty to act in accordance with the company’s constitution, and to use powers only for the purposes for which they were conferred. This replaces existing, similar duti es. b) a duty to promote the success of the company for the benefit of its members. This replaces the common law duty to act in good faith in the company’s interests. c) A duty to exercise independent judgment. There is no exactly equivalent duty at common law. However, directors are currently under an obligation not to fetter their discretion to act or to take decisions – this aspect of the general duty replaces this obligation. d). A duty to exercise reasonable care, skill and diligence. This replaces the existing duty of care and skill. e). A duty to avoid conflicts of interest (except where they arise out of a proposed transaction or arrangement with the company – see below). At present, if a director allows his personal interests, or his duties to another person, to conflict with his duty to the company then, unless shareholders consent to the conflict: (i) the company can avoid any relevant contract and (ii) he must account to the company for any ‘se cret profit’ he has made out of the arrangement. The new duty replaces this old rule. f)?A duty not to accept benefits from third parties. There is no express duty to this effect at common law. It appears to derive from the current duties (Freshfields 4). A director must not exploit his office for personal gain at the expense of the corporation and its stockholders, to whom he owes the utmost good faith (Babb and Martin 321).

Development of Curleys wife throughout the novel Essay Example for Free

Development of Curleys wife throughout the novel Essay In the novel Steinbeck’s uses social class, to separate the characters from one another especially Curley’s wife from crooks â€Å"you keep your place then nigger†, indicates to us that the social structure was different in America around 1937, a white women was above a black man. The writer showed this and showed peoples attitude of time. In addition it also gives us an insight on how it will feel like to be black.  Furthermore Steinbeck’s also describes Curley’s wife in a desperate and worried way â€Å"married two weeks†¦Ã¢â‚¬ ¦?† this is shown by the writer creating a tone to the quote, ending the quote with a question mark could mean that the other characters are confused to whether it would last or not, in addition it could also signify that they are doubting their relationship. Steinbeck’s use of language starts to develop more, when he goes on to describe Curley’s wife on page 53. The writer describes her in a sexual dangerous way; we know this by the writer repeating the word â€Å"red†. This indicates to us that danger awaits her; additionally it could also mean that she is seen as a â€Å"sex image†, by the other men on the ranch. This is shown by the writer using the term â€Å"fascinated†, which describes how the other men felt when they saw her. Furthermore, her body languages links to how she’s speaks, â€Å"her voice had a nasal, brittle quality† this indicates to us that she had a fragile slow voice that hypnotized men which made her sound innocent â€Å"Lennie watched her†. This quote enhances that men couldn’t keep their eyes off her, the writer makes Curley’s wife out to be a advert, says things slowly in a tempting way, portraying her as an object. In addition the writer describes Curley’s wife as a desperate insecure women that feels the need to seek attention from other men, â€Å"her body was thrown forward†, specifies to us that she is pushing herself to the situation. In the novel, Steinbeck makes the role of women in the book all to do with sex, some providing sex for the men, portraying them as sexual objects. However, some female characters are seen as either mother figures. This is in contrast to Curley’s wife which is seen as a women who keeps degrading herself â€Å"Curley’s married a tart† this enhances to us that the men on the ranch have no respect for her, this is shown by referring to her as a â€Å"tart† which could also include how the way she dresses in a sexual seductive way to cover up her insecurities. However Curley’s wife may want to dress up because it makes her feel good about herself and she does have the time since her husband is quite wealthy. Moreover, in the novel Of Mice and Men, the writer John Steinbeck makes it out to be women are inferior to men, this is shown by making Curley’s wife the only women on the ranch. Furthermore, the writer also describes Curley’s wife in a detailed sympathy way and this makes the writer feel sorry for her â€Å"you better go home now†, indicates to us that Curley’s wife is in a place that she is not meant to be, it also shows how isolated she is, this is shown by using the term â€Å"quietly† which shows to us that she is being sneaky about the situation, furthermore it also shows us that she isn’t allowed to communicate with other men which gives us an insight about her, that she doesn’t have any friends on the ranch, she has to do it discretely, this shows that Curley doesn’t trust her and she feels protected in the hands of the other men on the ranch, this creates a sense of security. Furthermore, the writer John Steinbeck’s in a way describes Curley’s wife as a dog, metaphorically speaking â€Å"bitch please†, which shows to us that she is described as female dog, rather than a human being which implies to us that she is not an important person, which links with Candy’s dog, which both have something in common, they both died. In addition when they are described or mentioned in the book John Steinbecks makes it sound like they are the subject or object in the sentence. It also shows the insignificant in both characters.

Essay --

Justin Kim 1C-2 Oedipus: the Perfect Example of Freudian Psychology In â€Å"Oedipus the King† by Sophocles, Oedipus, the king of Thebes finds out that he kills his father and that his wife is his mother. Oedipus is very concerned for his kingdom and his people. He wants to â€Å"drive the corruption from the land† (Sophocles 109) by finding Laius’s murderer and killing him. Through his curiosity, Oedipus finds out that the man he kills long ago is Laius, who is his father, and that his wife is his mother—all in accordance with Oedipus’ prophecy. After coming on this realization as well, Jocasta, Oedipus’ wife, commits suicide, and Oedipus gouges out his eyes as a result of this. In his search for the murderer, Oedipus strives to be a fair king. Ironically, he often is not fair to the people he sees or things that are essential to him. This play demonstrates the theme of justice through Oedipus’ denial of justice in three situations—Oedipus’ meeting with Tiresias, Oedipus’ g ouging out of his eyes, and Creon’s asking of Oedipus to adjudicate fairly The theme of justice is evident during Oedipus’ meeting with Tiresias. Oedipus brings over Tiresias, the renowned prophet to tell him who the Laius’ murderer is. Tiresias, at first, tries to hide the answer, but through Oedipus’ pressing, Tiresias is forced to reveal that Oedipus kills Laius a long time ago and is the source of â€Å"the corruption of the land (178).† Oedipus, enraged at the answer, tells Tiresias that he should be ashamed for cooking up such a story and asks Tiresias who told him to do this. Tiresias responds, â€Å"You did, you forced me, twisted it out of me (179).† The most rudimentary definition of justice is fairness, and back in Ancient Greece prophets’ words were reg... ...ied† show that Oedipus’ surmise is nothing more than a guess that is unable to be proven true, which conclusively proves Oedipus is not just to Creon because all the accusations against Creon are completely false. In conclusion, Oedipus’ denial of justice especially to his eyes, Tiresias, and Creon, show that justice is an important theme in this book. Oedipus denies justice by not giving the full representation of the truth, and by hurting and blaming others for things he himself has done. By doing this, he fails to be the fair king he strives to be by trying to track down Laius’ murderer, and becomes the complete antithesis of what he wants to be. If Oedipus wants to be a just king to his people, then he should take the punishment meant for him—death—because it is fair that since he is the source of the corruption of the land, that he should die in return. Essay -- Justin Kim 1C-2 Oedipus: the Perfect Example of Freudian Psychology In â€Å"Oedipus the King† by Sophocles, Oedipus, the king of Thebes finds out that he kills his father and that his wife is his mother. Oedipus is very concerned for his kingdom and his people. He wants to â€Å"drive the corruption from the land† (Sophocles 109) by finding Laius’s murderer and killing him. Through his curiosity, Oedipus finds out that the man he kills long ago is Laius, who is his father, and that his wife is his mother—all in accordance with Oedipus’ prophecy. After coming on this realization as well, Jocasta, Oedipus’ wife, commits suicide, and Oedipus gouges out his eyes as a result of this. In his search for the murderer, Oedipus strives to be a fair king. Ironically, he often is not fair to the people he sees or things that are essential to him. This play demonstrates the theme of justice through Oedipus’ denial of justice in three situations—Oedipus’ meeting with Tiresias, Oedipus’ g ouging out of his eyes, and Creon’s asking of Oedipus to adjudicate fairly The theme of justice is evident during Oedipus’ meeting with Tiresias. Oedipus brings over Tiresias, the renowned prophet to tell him who the Laius’ murderer is. Tiresias, at first, tries to hide the answer, but through Oedipus’ pressing, Tiresias is forced to reveal that Oedipus kills Laius a long time ago and is the source of â€Å"the corruption of the land (178).† Oedipus, enraged at the answer, tells Tiresias that he should be ashamed for cooking up such a story and asks Tiresias who told him to do this. Tiresias responds, â€Å"You did, you forced me, twisted it out of me (179).† The most rudimentary definition of justice is fairness, and back in Ancient Greece prophets’ words were reg... ...ied† show that Oedipus’ surmise is nothing more than a guess that is unable to be proven true, which conclusively proves Oedipus is not just to Creon because all the accusations against Creon are completely false. In conclusion, Oedipus’ denial of justice especially to his eyes, Tiresias, and Creon, show that justice is an important theme in this book. Oedipus denies justice by not giving the full representation of the truth, and by hurting and blaming others for things he himself has done. By doing this, he fails to be the fair king he strives to be by trying to track down Laius’ murderer, and becomes the complete antithesis of what he wants to be. If Oedipus wants to be a just king to his people, then he should take the punishment meant for him—death—because it is fair that since he is the source of the corruption of the land, that he should die in return.

Essay --

In the last couple of years there has been increasing amount of American soldiers being relived from active duty, being sent back to their family and friends. As these men and woman return from war they struggle to reintegrate into their civilian lives. Such strains as Post Traumatic stress disorder and very few job opportunities pose a problem. Eddie Ray Routh a former solider had many strains in his life, which eventually lead him to murder American hero Chris Kyle and Chad Littlefield. Using criminologist Robert Agnew’s â€Å"General Strain Theory†, I will explain the motives behind these murders. Former navy seal Chris Kyle was known as, â€Å"one of America’s deadliest military snipers (Fernandez & Schwirtz, 2013).† Mr. Kyle earned his reputation in Iraq fighting the war on terror killing an estimated 150 Iraqi insurgents. Throughout his time as navy seal he earned two silver stars and five bronze stars for acts of valor. Once Mr. Kyle retired from the military he wrote a book called the, â€Å"American sniper: the Autobiography of the most lethal Sniper in U.S. Military History†. This c...

Pigs cant fly

Thesis: Life is about making decisions and creating an identity for oneself and yet at times decisions are made for one that would forever impact one's life, and one's sense of identity in ways that would cause us to question between one's personal desire and choosing to conform. Individuality is something that seems to be encouraged by many around the globe. Creating a sense of unique identity is something all humans will unconsciously do.Many would argue that individuality and identity go hand in hand and are something all people have the right to. In the short story Pigs Can't Fly by Shyam Selvadurai we egin to learn how certain identities aren't accepted as much as others are. Selvadurai describes the life of a young boy by the name of Arlie which isn't quite the same as the other boys in his family. ame as the other boys in his family. Thesis: Life is about making decisions and creating an identity for oneself and yet at times decisions are made for one that would forever impact one's life, and one's sense of identity in ways that would cause us to question between one's personal desire and choosing to conform. would torever impact one's lite, and one's sense ot identity in ways that would cause

Cretoxyrhina - Facts and Figures

Cretoxyrhina - Facts and Figures Name: Cretoxyrhina (Greek for Cretaceous jaws); pronounced creh-TOX-see-RYE-nah Habitat: Oceans worldwide Historical Period: Middle-late Cretaceous (100-80 million years ago) Size and Weight: About 25 feet long and 1,000-2,000 pounds Diet: Fish and other marine animals Distinguishing Characteristics: Medium size; sharp, enameled teeth About Cretoxyrhina Sometimes, a prehistoric shark just needs a catchy nickname to attract the attention of the general public. Thats what happened with the awkwardly named Cretoxyrhina (Cretaceous jaws), which surged in popularity a full century after its discovery when an enterprising paleontologist dubbed it the Ginsu Shark. (If youre of a certain age, you may remember the late-night TV commercials for the Ginsu Knife, which purportedly sliced through tin cans and tomatoes with equal ease.) Cretoxyrhina is one of the best-known of all prehistoric sharks. Its type fossil was discovered fairly early, in 1843 by the Swiss naturalist Louis Agassiz, and followed up 50 years later by the stunning discovery (in Kansas, by the paleontologist Charles H. Sternberg) of hundreds of teeth and part of a spinal column. Clearly, the Ginsu Shark was one of the top predators of the Cretaceous seas, able to hold its own against giant marine pliosaurs and mosasaurs that occupied the same ecological niches. (Still not convinced? Well, a Cretoxyrhina specimen has been discovered harboring undigested remnants of the giant Cretaceous fish Xiphactinus; then again, we also have evidence that Cretoxyrhina was preyed on by the even bigger marine reptile Tylosaurus!) At this point, you may be wondering how a Great White Shark-sized predator like Cretoxyrhina wound up fossilized in landlocked Kansas, of all places. Well, during the late Cretaceous period, much of the American midwest was covered by a shallow body of water, the Western Interior Sea, which teemed with fish, sharks, marine reptiles, and just about every other variety of Mesozoic marine creature. The two giant islands bordering this sea, Laramidia and Appalachia, were populated by dinosaurs, which unlike sharks went completely extinct by the start of the Cenozoic Era.

The Dropping of the Atomic Bom essays

The Dropping of the Atomic Bom essays The Allies had won the war in Europe, against Hitler but the war continued in the Pacific against Japan. After many American victories in the Pacific, the Japanese would not surrender, this lead America to develop a new weapon of destruction. Albert Einstein suggested the idea of an atomic bomb to President Roosevelt. A scientist named Oppenheimer led the Manhattan project, or the development of the atomic bomb. America made many warnings of the destruction of the atomic bomb and Japanese would not accept these warnings so President Harry Truman decided to unleash Little Boy. Little Boy was the name of the first Atomic bomb, which was dropped by a B29 bomber called he Enola Gay on August 6, 1945. This bomb killed approximately 80,000 people in the city of Hiroshima. A second smaller bomb was dropped on the city of Nagasaki on August 9, 1945, which finally brought the Japanese surrender. Victory on Japan or VJ day came on September 2,1945 when the Japanese signed the conditio nal surrender on the U.S.S Missouri. The dropping the Atomic Bomb was not a justified way of making the Japanese surrender because thousands of innocent civilians lost their lives. People rushing to work and children playing in the streets were instantly killed when the atomic bomb hit Hiroshima. Was the loss of life justified? The power of the atomic bomb was great enough to show not to use on innocent lives. The alternatives seemed out of reach when the decision was made to drop the atomic bomb. The Japanese culture is honorable and disciplined; people thought dying for your country was honorable. The Americans not only killed the soldiers but innocent people under a dictatorship form government. The people did what they where told and if they would have seen the destructive power of the atomic bomb they might have surrendered peacefully. This will never be known because the atomic bomb was dropped and people lo ...