Company Law Essay Example | Topics and Well Written Essays - 1250 words - 1

Company Law - Essay Example AoA) or Memorandum of Association (MoA) (Tomasic, Bottomley and McQueen, 2002). The key legal issue identified is in the case scenario concentrates on whether the actions of Anna and Susanna were focused on yielding personal benefits or the company’s interest. Step 2: The Relevant Law A company’s management is generally administered by the provisions of Corporations Law under Section 134 which applies to companies as ‘replaceable laws’ by constitution. However, it is the sole discretion of the company’s management to decide on the number of replaceable laws to be applied which are mentioned in the Corporations Act 2001. Furthermore, Section 140(1)(b) of the Corporations Act 2001 states that replaceable and constitution laws are obliged to a contract engaging the company and its directors under which every director agrees to adhere to the rules and constitutions mentioned as per the organisational interests (PricewaterhouseCoopers, 2011). In relation to Section 198 of Corporations Act 2001 (Cth) the directors of the companies possess the authority to exercise all the discretionary powers except for those which require additional approvals in accordance to the constitution. With reference to Section 198C, the directors of a company may assign a managing director and bestow the personnel with responsibilities according to their convenience and requirements. Furthermore, the management also enjoys the authority to cancel or reassign powers of the managing director, who have been assigned with the discretion of all the directors (Tomasic, Bottomley and McQueen, 2002). Under the act, if a company or its entitled directors aim to appoint a managing director it must ensure that the formalities comply with the Corporations Act 2001 as mentioned under Section 198C. The law specifies that the directors of the company should adhere to certain rules that have been decided and assigned to the managing director, irrespective of their discreti onary powers. Breaching of contracts or agreements within the directors or shareholders of a company may lead to violation of the law as stated in Section 180(1) by the Corporate Law Reform Act 1992. A similar situation have been identified in the case of Vines v ASIC (2007) 73 NSWLR 451, where the director breached the common law or contract, and consequentially, the court agreed that the judgement could amount to sue the director for the damages caused by negligence of law (Pitt and Luxton, 2011). However, statutory defences are available under Sections 180(3) of the Business Judgement Rule which states that breach of contract can be defended if the director can prove that the decision and action taken was in relevant to the business operations of the corporation (Nadeau, 2006). Step 3: Apply the Law to the Problem Leaping Lizard Coffee Emporium Pty Ltd specialises in coffee and other coffee-related accessories. It operates as a private company formed by Joan, Anna, Prafula and Su sanna who were further designated as the directors of the company with equal share capital. In addition, the company consists of three members each owning 1000 ordinary class shares. The company has been registered under the Corporations Act 2001 in the year 2012 and adopted replaceable rules under Sections 6, 33A to 39, 198A and 198C. Besides, the company has appointed a managing direct

Journal #1 Assignment Example | Topics and Well Written Essays - 1000 words - 1

Journal #1 - Assignment Example According to the basic principle of communication, people cannot read the mind, and therefore they judge by the behavior and not the intention. In life, many at times we try so much to hide our reactions towards some communication or not to communicate back (Trenholm & Jensen, 2008). Personally, I tried one time not to communicate back to someone that he may think that I am not affected by whatever he was saying. He was tirelessly trying to irritate me and get into my head with an intention of hurting my feelings. Since I knew his intention, I wanted to pretend that his words had no effect on me by remaining silent, very unlike me. I was very successful at remaining quiet, unfortunately, I could not control the expressions on my face which communicated enough back to him, and I think he enjoyed it that he did not even need my verbal communication. As much as I tried to avoid communication, other forms of communication other than words still communicated whatever I had in mind. This principle explains that one cannot take back what has already been said, this is reference to a proverb which states that one cannot swallow back any word that goes out of the mouth. The effects of the words will inevitably remain (Trenholm & Jensen, 2008). Even in a court situation, if a judge gives an instruction to the jury to disregard the last statement made by a witness, it is perfectly clear to a lawyer that it will still make an impression to them. I remember a situation where I was really angry with my best friend for doing something that I had told him not to, and we got into a heated argument, then I happened to mentioned something that I ended up regretting, but I could not take it back. Since I knew most of his secrets, I made him feel so bad and he almost hated me forever. I wished that I could take back what I had mentioned but it was just impossible. I had to face the consequences of it. The cultivation theory suggests

Stressful weekend with my kids Essay Example for Free

Stressful weekend with my kids Essay Spending a weekend in Orlando with my two children can prove to be quite a stressful experience. A lot of people think that childbirth is the most difficult part of having children. usually, When people talk about having children, they talk about the pain of childbirth, but fail to mention how challenging it is to bring children up in the right way. see more:spending time with family essay Different people have different methods of raising their kids, and finding the perfect way to raise children seems to be an impossible task, especially if the children are of different ages and there is a big gap of age difference between them. This is because children at different ages have different needs and taking care of them requires different levels of attention. Most people do not realize that raising children is harder, and extremely more complex than childbirth. For instance the issue of forgiveness, and trusting one’s children is a very important factor in raising them properly. Forgiveness is part of trust, and I don’t think there is anything that my children can do that I would not be able to forgive them for. As a parent, I want my children to always know that the love I have for them runs very deep, and is even stronger than life itself. Due to these factors, there are quite a lot of situations in which time spent with my children can indeed be a difficult and stressful task.

Energy Demand Essay -- Environment, Green Energy

This year, the world is predicted to burn through some thirty-one billion barrels of oil, six billion tons of coal, and a hundred trillion cubic feet of natural gas, and producing over thirty tons of carbon dioxide. Nobody really knows when the last drop of oil, lump of coal or cubic foot of natural gas will be collected from the Earth. All of it will depend on how well we manage our energy demands along with how well we can develop and use our renewable energy sources (Kolbert 349). Green energy can also be referred to as renewable energy, which requires less maintenance compared to non-renewable sources of energy (Ellis 66). Fuel for the renewable sources of energy comes from natural resources such as wind, reducing costs of production. This paper will highlight the major advantages of green energy. California was one of the first states to develop utility-scaled wind farms, and until 2000 had more wind farms than all countries combined. Furthermore, according to the U.S. Department of Energy, California’s wind power plants offset the emission of more that 2.5 billion pounds of carbon dioxide and 15 million pounds of other pollutants that would have been produced. Wind energy is most preferable because it has no waste products. Currently, California has more than 13,000 wind turbines generating electricity, of those 13,000 or 95 percent are located in three main areas: (1) Altamont Pass, (2) Tehachapi, and (3) San Gorgonio. According to U.S. Secretary of the Interior Ken Salazar, â€Å"Wind power is a key(s) to America’s clean energy future† (AWEA 2011). In addition, A. Solway from Renewable Resources stated that, â€Å"renewable energy is pro-environment being ranked as the cleanest source of green energy and does not in any ... ...nd. However, setting up the offshore turbines has been quite challenging, as relocation of people has been a hot topic that has propped up many challenges (Twidell and Wier 76). Aside from all the positive aspects of wind turbines one of the largest arguments against turbines is the large number of bird and bat fatalities that are attributed to windmills during their migration. The birds and bats are dieing due by flying into the blades on the windmills. Taking this into account some of the measures, the green power industry has taken to try an avoid any further impact on the wildlife. One of the steps is replacing old turbines with new ones, which produce more energy. According to the U.S Fish and Wildlife Service, that by comparison to communication towers, oil spills, feral cats that a very small fraction of birds is actually killed by wind related causes.

Mousetrap Car

Law of Conservation of Energy said that Energy cannot be created or destroyed; it may be transformed from one form into another, but the total amount of energy never changes. By winding the spring on your mousetrap car, you store energy in the spring as potential energy. This stored potential energy will convert energy into kinetic energy as the mouse-trap car begins to move. But there is friction and in order to overcome friction you have to do more work.Friction converts energy into heat and sound which takes away energy from your motion, causing the car to stop as its energy is turned into other forms. When designing a mousetrap car, there are two variables that truly determine the overall performance: friction and energy. If my mousetrap car has too much friction, the energy in the spring will be turned too quickly and my mousetrap car will not travel very far or accelerate very fast. The smaller the friction is, the farther the mousetrap will move my car.It your car has a force advantage, then your car will move super fast Law of Conservation of Energy said that Energy cannot be created or destroyed; it may be transformed from one form into another, but the total amount of energy never changes. By winding the spring on your mousetrap car, you store energy in the spring as potential energy. This stored potential energy will convert energy into kinetic energy as the mouse-trap car begins to move. But there is friction and in order to overcome friction you have to do more work.Friction converts energy into heat and sound which takes away energy from your motion, causing the car to stop as its energy is turned into other forms. When designing a mousetrap car, there are two variables that truly determine the overall performance: friction and energy. If my mousetrap car has too much friction, the energy in the spring will be turned too quickly and my mousetrap car will not travel very far or accelerate very fast. The smaller the friction is, the farther the mous etrap will move my car. It your car has a force advantage, then your car will move super fast

Psychology Cognitive Psychology And Psychology - 1154 Words

Many common functions such as thinking, problem-solving, learning, memory, language and more come are explained by Cognitive psychology. With these necessary functions, you may wonder, just what is cognitive Psychology? Cognitive psychology is a branch of psychology that covers the mental processes of how people receive, retain and grasp information and situations. The term â€Å"cognition† stems from the Latin word â€Å" cognoscere† or to know. Basically, cognitive psychology studies how people acquire and apply knowledge or information. It is closely related to cognitive science and influenced by computer science, philosophy, neuroscience, linguistics, biology, physics, and anthropology. Cognitive psychologists are interested in how people understand, diagnose, and solve problems, concerning themselves with the mental processes which mediate between stimulus and response. Recently, cultural and social factors have also become apart of cognitive psychology along with emotion and consciousness. There are many areas of cognitive psychology that I believe strengthen our understanding of our bodies and brains. The three main approaches to cognitive psychology include: computational cognitive psychology, neural cognitive psychology and experimental cognitive psychology. Computational cognitive psychology develops mathematical and computational models of human cognition based on dynamical systems and symbolic representations. Neural cognitive psychology focuses on brain imaging suchShow MoreRelatedCognitive Psychology Essay1294 Words   |  6 PagesEvolution of Cognitive Psychology Plynia Welty Psych 560 June 11, 2012 Brian Uldall Evolution of Cognitive Psychology Cognitive psychology embarked on a revolutionary journey since the era of Saint Thomas Aquinas (Dr. King, 2012). St. Aquinas was the pioneering mind behind the idea that behavior can be divided into two areas, cognitive and effect. Logging empirical research on a subject provides practitioners a comprehensive view of the subject matter (Dr. King, 2012). In relationRead MoreCognitive psychology  . Essay5542 Words   |  23 PagesCognitive psychology  is the study of  mental processes. The  American Psychological Association  defines cognitive psychology as The study of higher mental processes such as  attention, language use,  memory,  perception, problem solving, and  thinking.[1]  Much of the work derived from cognitive psychology has been integrated into various other modern disciplines of psychological study including  social psychology,  personality psychology,  abnormal psychology,  developmental psychology, and  educational psychologyRead M oreThe Theory Of Cognitive Psychology Essay2350 Words   |  10 Pagesyou are constantly employing cognitive processes in order to function throughout the day. The term for the study of these cognitive processes is cognitive psychology. Rutgers University defines cognitive psychology as â€Å"the scientific study of mind and mental function, including learning, memory, attention, perception, reasoning, language, conceptual development, and decision making†. One area of these cognitive processes is called wayfinding. It contains several cognitive processes such as knowing theRead MoreCognitive Psychology And Human Behavior930 Words   |  4 PagesCognitive psychology has evolved over the years. Researchers are constantly trying to find new ways to understand and define the human brain. Our memory is quite important in how we function on a day-to-day basis. Our memories help us to remember important functions such as combing our hair, brushing our teeth or getting dressed in the morning. Memories also help us to learn more information. Cognitive psychology refers to the study of human mental processes and their role of thinking, feeling, andRead MoreDifference Between Cognitive And Cognitive Psychology1389 Words   |  6 Pagestwo different approaches to Cognitive Psychology This essay will be focused on two different approaches to cognitive psychology: Cognitive Neuropsychology and Cognitive Neuroscience. Cognitive Neuropsychology is concerned with the patterns of cognitive performance and emphasis on the cognitive effects of brain-damaged patients who suffered lesions, injuries or diseases, providing vest information on normal human cognition. (Eysenck and Keane 2015, p.5) Whereas cognitive neuroscience involves in-depthRead MoreDevelopmental Psychology : Cognitive Development1816 Words   |  8 PagesDevelopmental psychology focuses mainly on development during childhood because it is the period when most change is occurring biologically, socially, emotionally, and cognitively. Amongst these areas of developmental psychology, I will focus on cognitive development in children between the ages of 1 and 4. In adulthood, cognitive performance is correlated with the amount of sleep. Sleep allows for consolidation of memory and neural mechanisms (Bernier,2 013). Therefore, an increase in sleep durationRead MoreComparing Two Approaches to Cognitive Psychology1423 Words   |  6 Pages Cognitive psychology is concerned with the internal processes involved in making sense of the environment and deciding what action may be appropriate. These processes include attention, perception, learning and reasoning, (Eysenck and Keane, 2010).There are a number of approaches which can be used within this field, however for the purposes of the essay only two will be compared; cognitive neuroscience and neuropsychology. The aims of cognitive neuroscientists are often similar to those of cognitiveRead MoreCognitive Psychology And The Management And Treatment Of Mental Illness1352 Words   |  6 Pagesstrengths and weaknesses and there similarities and differences. AC1.1, AC3.1 Biological psychology looks at the biological aspects of behaviour. It looks at how the brain s structure, chemistry, activity and genetic make-up etc. relates to behaviour. Cognitive psychology focuses on the way the brain processes information, how people perceive, understand, make decisions about and remember information. Cognitive psychologists would put information in to be processed and then see what the brain doesRead MorePsychology: Research Methods in Cognitive Level of Analysis1141 Words   |  5 PagesResearch Methods in Cognitive Level of Analysis There are 3 research methods can be used in cognitive level of analysis. They are lab experiments, case studies of patients with brain-damage, and brain imaging techniques. The methods are basically the same methods used in biological level of analysis. These methods are useful depending how the researchers want to study the cognitive process. One of the most scientific ways to study mental processes is through lab experiments because the highRead MorePsychology : Cognitive Psychology And Psychology980 Words   |  4 Pages A Cognitive Psychology 1064 Words 5 Pages Cognitive psychology began around 19th century. Different approaches have been used to trace the roots of psychology. It is also known that cognitive psychology was out numbered by behaviorism but later revived, bringing into being cognitive revolution. The paper discusses cognitive revolution in the history of cognitive psychology as the most influential part in the practice of modern psychology. Introduction A scientific branch of psychology that is

Willa Cather s My Antonia - 1432 Words

In Willa Cather’s novel My à ntonia, Cather uses the theme of the natural world to further expand on the persona of the character, Jim Burden, and his romantic outlook on life. Jim shows a strong bond to nature because it brings back his idyllic childhood memories and the feelings he had of absolute bliss. By connecting the theme of nature to his childhood, Jim presents the idea that he feels dissatisfied as an adult in the city and misses his life on the farm where he was in union with nature. Moreover, Jim links à ntonia, the most important person from his childhood, to the idea of nature. He recognizes that the familiar feeling of utter happiness brought to him by nature is also brought to him by à ntonia; therefore, his memories of à ntonia coincide with the natural world around him. Jim’s ability to make the most minute occurrences in the natural world hold a deeper, more profound meaning, such as his elaborate depiction of a sunset from his childhood, asse rts him as a romantic character. Furthermore, Cather correlates the changes of the seasons and the development of the farmland to further illustrate Jim’s growth as a character. In particular, she uses the transition from winter to spring to highlight Jim’s character growth as a result of the impact the tragic events of winter had on him. Additionally, Cather connects the beginning of Jim’s life in Nebraska to the new, empty lands of the Nebraskan plains and ties his progression as a character with the development of theShow MoreRelatedAnalysis Of Willa Cather s My Antonia 1874 Words   |  8 PagesJuly 2016 Gender Roles Reexamined In Willa Cather’s novel entitled My Antonia, she writes about several female characters that challenge the stereotypical role of women in a male-dominated society during the early 1900s. In Trifles, a play written by Susan Glaspell, her female characters are represented as crafty and bright and not mere intellectual inferiors to their male counterparts. Upon closer examination of these two separate and distinct stories, Cather and Glaspell establish that these femaleRead MoreWilla Cather s My Antonia And O1655 Words   |  7 PagesBoth Willa Cather’s My à ntonia and O. E. Rà ¶lvaag’s Giants in the Earth portray the difficulties of everyday life in unexplored territory, with similar themes and context. Although the overarching themes of both novels are similar, the manner in which characters behave with each other, the dependency families have on each other, and the ability of individuals to mitigate conflict is different. Both My à ntonia and Giants in the Earth portray an array of sources causing conflict in relationships. HoweverRead MoreWilla Cather s My Antonia1932 Words   |  8 Pages In her novel My Antonia, Willa Cather, while writing in a sexist time, calls attention to the power of the female in life and society through Antonia, Lena Lingard, Tiny Soderball and Frances Harling and accentuates and celebrates the significance of the matriarchal world by use of Jim Burden as the narrator. Jim holds an enlightened consciousness of the female because, after spending most of his life with these women, he sees how they started with nothing ended with a successful life. In a timeRead MoreWilla Cather s My Antonia864 Words   |  4 PagesMy Antonia is a novel published in 1918 by Willa Cather. This novel tells the story of Antonia Shimerda, a Bohemian immigrant in Nebraska in the late 1800s. Although My Antonia is fictional, it is based on Willa Cather’s youth in Nebraska. Jim Burden reflects Willa Cather is this novel. Jim Burden moved from Virginia to Nebraska to live with his grandparents after his parents died. He traveled with Jake Marpole, one of the farm hands that worked for Jim’s dad. Jake was now going west to work forRead MoreWilla Cather s My Antonia And O Pioneers !1919 Words   |  8 Pagespioneers were expecting the land to work with them, but it was actually working against them. Winters were hard, and many pioneers gave up and left. The few who remained were proven to be strong and determined to force the land to cooperate. In Willa Cather’s My à ntonia and O Pioneers!, her purpose was to show readers that women could be strong pioneers, overcoming the adversity caused by the land, as seen through similes, personification, juxtaposition, and arrangement. Alexandra’s brothers compare themselvesRead MoreWilla Cather s My Antonia And O Pioneers !1464 Words   |  6 Pagespioneers were expecting the land to work with them, but it was actually working against them. Winters were hard, and many pioneers gave up and left. The few who remained were proven to be strong and determined to force the land to cooperate. In Willa Cather’s My à ntonia and O Pioneers!, her purpose was to show readers that women could be strong pioneers, overcoming the adversity caused by the land, as seen through similes, personification, juxtaposition, and arrangement. First, Alexandra’s brothers compareRead MoreWilla Cather s Lost Lady And My Antonia1761 Words   |  8 Pagesher stories Lost Lady and My Antonia, Willa Cather explores the ‘woman problem’. She does this by exploring the lives of women through the lens of men who grew up around them. Doing this allows her to highlight how society treats women and men differently, and subtly show this distinction to readers in order to call out the patriarchal double standard that existed in her time, and continues to exist today. In the stories of Marian Forrester and Antonia Shimerida, Willa Cather highlights struggles womenRead MoreEssay about The Beauty of the Lack of Structure in My Antonia1587 Words   |  7 Pagesto James E. Miller Jr.s, My Antonia; A Frontier Drama of Time, Willa Cathers novel, one of her most important and perhaps most popular works, is defective in structure (Bloom, 21).   He quotes E. K. Brown, who defends that: Everything in the book is there to co nvey a feeling, not to tell a story, not to establish a social philosophy, not even to animate a group of characters (21).   The reader undoubtedly feels the impact of the story of Antonia and Jim as Cather intended, but critics blindRead More My Antonia Essay: Independence and Belonging670 Words   |  3 Pages Independence and Belonging in My Antonianbsp;nbsp; In My Antonia there are two types of women, those who want to have a man and those who donsup1;t. The key word is want, at no point does a woman need a man in the entire course of the novel. From the Hired Girls to Tiny Soderball and Lena Lingard women are capable of self sufficiency and happiness. The majority of the truly contented people are either alone or living without the opposite sex. Antonia and Cuzak are the only example of a sup3;normalsup2;Read MoreNaturalism and My Antonia959 Words   |  4 Pagesis an ongoing literary movement that has been apparent since the 1900’s. It depicts how the environment, social conditions, and even hereditary characteristics influence and shape the way a human character will develop. It is believed that there is no escaping this realism, and each situation one experiences is what will establish the route of life that they will partake. A short story called â€Å"My Antonia†, written by Willa Cather is merely categorized with R ealism and Naturalism, though it is evident