Wednesday, May 6, 2020
Business and Corporation Law for EY Pty Ltd- MyAssignmenthelp.com
Question: Discuss about theBusiness and Corporation Lawfor Robert and EY Pty Ltd. Answer: The Case Between Robert and EY Pty Ltd In situations where a person's private interests conflict with his or her professional interests and duties, such an individual will get charged with Conflict of Interest according to the business law. Therefore, with regard to the case between Robert and EY Pty Ltd, it can be said that Robert breached her directors duty by failing to perform her duty of loyalty to EY Ltd. She will be liable for Conflict of Interest because of using her position to influence the EY board of directors decision for her own personal gain instead of the general benefit of the company. Robert knew that once the company agrees to have a long-term contract with WHS where she enjoys the majority shares, she will benefit a great deal. It is against Directors Statutory Duties under sections 181, 182, and 183 of the Corporations Act to practice conflict of interest. Even though Robert had a conflict of interest on the negation of the contract between EY and WHS companies, she was still to be included on the board meeting. It is because she could not recuse herself. Recusal means that when an individual has a conflict of interest she can withdraw from her duties and avoid participating in the decision-making process. She could remain on the board but only participates on the agendas that have conflict. On the other hand, she must disclose her self-interest before any further conflicts arise. Doing so will help other directors understand her overall background as provided under section 182 of the 2006 Act. Moreover, the remedies that EY should seek against Robert may include breach of duty, skill, and diligence. EY may also decide to put an injunction, set aside the business and restitution, make account for the profits, and to restore damages from Sam. Moreover, the company can decide to terminate Robert's service contract or disqualify him as a director as stated under Company Directors Disqualification Act 1986. In addition to remedies, the penalties that Robert might face if found to have breached his duties could be the civil or criminal punishments. His breach could be criminal if he had acted with intentional dishonesty or recklessly as provided under section 184 of the Corporate Act. On the other hand, the EY Company might take civil action and claim for the damages under common law, in order to avoid high threshold of the criminal standard of proof. Duty of Care and Diligence Rose as non-executive director can be allowed to sit on the board but plays no active role in the day to day management of the business. However, Rose still has some vital responsibilities as well as penalties that she might face if she fails to carry out her duties. The responsibilities of Rose as a non-executive are: (1) to provide input to the introduction program (2) to provide independent oversight and provide a constructive challenge to the board, and (3) to insist on receiving correct information in advance of meetings or between the meetings. She was not allowed to perform the above duties, which means that her rights to the statutory duty of care and diligence got breached. Sam did everything without consulting any of the board members; thus, leaving Rose in a situation where she was not able to discharged her duties like any other reasonable person would have exercised. Consequently, Roses agreement to the purchase of the new premise would not be protected by s.180 (2) of the Corporation law. It is because Rose made her judgment not in good faith for the proper purpose. On the other hand, she did not inform herself of the matter, considering the limited time Sam gave them. Sam did not give her enough time to obtain enough information about the new premise. Other than that, she had no confidence in considering the matter. Lastly, she did not rationally believe that the judgment was in the interest of the company because they were forced into it without being given enough time to consider other alternatives. Judgment Rule The rationale of the Business Judgment Rule is to protect directors who work for the best interest of the company in honest and good faith. Directors act as the trustees of the company; hence, it is their liability to work for corporation's best interest. The significance of Judgment rule is that it protects directors against the derivative actions from the shareholders if particular conditions are not met. However, this rule does not give directors many opportunities to avoid the consequences of poor company decision making. For example, a director who has not participated in the management of the company will also be involved in the breach of that duty, whether the director is aware of the breach or not.
Tuesday, May 5, 2020
Comparation Study of Instant Noodle free essay sample
In the case of instant noodle packaging design, consumer can see many kind of instant noodle. Packaging is one of the factors that can attract the consumer through the design. There are many factors direct or indirect that affected the consumer brand preference. Those factors can be inside the product like taste and quantity, or outside factor which can be packaging design, direct promotion, advertising etc.Before discussing about the effect of packaging point of interest to the consumer brand preference, it would be better if we look at the history of instant noodle which determined the development of instant noodle packaging design. Instant noodles have become a common kitchen item in most Far East countries since its introduction in 1958. Noodles have a history of more than 2000 years in China and from there it has spread to Japan and Europe. However, it was not until 1958 that Nissin Foods of Japan introduced the first instant Chicken Ramen which was intended to be eaten anywhere. We will write a custom essay sample on Comparation Study of Instant Noodle or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Instant noodle is called ââ¬Å"Raumenâ⬠in Japan. Raumenis a noodle soup loved by all Japanese. The four components of raumen noodles, sauce, broth and toppings can create countless variations. The key ingredients in the sauce include salt soy-sauce and miso. The history of Raumen had not appeared by 1900. Since this year, Chinese cooks have started to make Chinese noodle in all over in Japan and Japanese people re-make those noodle for Japanese climate and favorite taste. In 1958 Raumen rapidly became popular among the Japanese people. This year, the first instant noodle in the world was sold.After that, invented Miso Raumen in 1961 and cup noodle in 1971. In the late 1980s Tonkotsu, or pork broth, marked an epoch in Tokyo. After that, people started searching for local varieties with new tastes. Among the cities spotlighted were Asahikawa in Hokkaido, Wakayama and Tokushima. Since the mid-1990, however, the focus has shifted from localities to individual chefs. And now there are over 200 thousands raumen restaurants in Japan. Raumen became Japanese national foodhttp://www.labelandnarrowweb.com/october021.htmhttp://www.raumen.co.jp/english/history.htmlhttp://www.raumen.co.jp
Saturday, April 11, 2020
How To Use Travel Essay Samples To Improve Your Writing
How To Use Travel Essay Samples To Improve Your WritingFinding a travel essay sample can be the first step to writing the perfect piece. These travel essays are used to showcase your various travels. They often contain little information about themselves, but these are the first steps to writing the perfect travel essay.Writing travel essays can be very frustrating because of all the opinions and information that you need to research and incorporate. Finding a good travel essay sample to use can help your research becomes easier and faster. Travel essay samples are also a great way to let you know if the pieces you want to write are going to be enjoyable or stressful.These travel essay samples are different from essays for school. They have more information. These often contain interviews with yourself and with other people. By using travel essay samples to help you start writing your own travel essay, you can begin by simply putting together some of the information you gather into a travel journal.These travel essay samples give you a better idea of how to use the information you gather to write a travel essay. You will also learn what not to do. Many times, writers look for the most popular opinions in the world when they write a travel essay, but the truth is that by knowing the facts, you can write in a way that is more beneficial to the reader.Most travel essay samples are meant to be short and to the point. If you want a more comprehensive write up, then you will have to find more information. The best advice is to ask questions. Go out there and learn from your friends and your fellow travelers who have traveled and experienced similar things as you have.Travel essay samples will give you more information than you could ever ask for. Just remember to learn from other experiences instead of copying and pasting what you have read in a magazine. Research can be the key to learning from experience and getting the knowledge you need to write an informative tr avel essay. With the right travel essay samples, you can get the information you need to make a great travel essay and to make the writing process easier.Use travel essay samples when you are trying to write your first travel essay. This will allow you to get a feel for the style of writing that you will eventually be known for. If you are new to writing travel essays, this article can help you get your feet wet. Once you have learned how to work with a travel essay sample, your journey will be much easier to write.
Saturday, April 4, 2020
Sunday, March 8, 2020
Counseling Report Guide Essay Example
Counseling Report Guide Essay Example Counseling Report Guide Essay Counseling Report Guide Essay Counseling Report Guide I. Counseling Process A. Time and Setting B. Clientââ¬â¢s behavior C. Clientââ¬â¢s problem D. Counseling goal (Note: This should be agreed upon by client and counselor prior to the session) E. Counselorââ¬â¢s strategies and techniques F. Result of the counseling session (Note: If you and the counselee achieved the therapeutic goal? Why or why not? ) II. Analysis of the Session [Note: Include these questions in a question-and-answer format in the paper; use 12 font size, Arial, single spacing. Instructions: For each question, provide transcript segments to support your answer. Indicate Counselor (CR) and Counselee (CL) exchanges, include relevant nonverbal behavior of both parties, e. g. , pause/silence, laughter, teary eyes, loud/soft voice, etc. 1. What went well in the counseling process? Be specific. Give sample transcript segments. 2. What did not go well in the counseling process? Why? Be specific. Give example sample segments. 3. What did you do well as a counselor? Be specific. Give sample transcript segments. 4. What did you not do well as a counselor? Be specific. Give sample transcript segments. 5. Upon reflection, what should you have done? Be specific. 6. What insights did you have from your counseling experience? Counseleeââ¬â¢s Reflection Paper Guide [Instructions: Include the questions in a question-and-answer format in the paper; use 12 font size, Arial, single spacing. ] REFLECTIONS AS A COUNSELEE: Analyze the counseling session from your erspective as a counselee. 1. How did it feel to undergo counseling? 2. Did you achieve your counseling goal (as agreed upon with the counselor)? 3. Evaluate your counseling experience with this particular counselor. a) In what way were you helped? Elaborate. b) In what way were you not helped? Elaborate. 4. Do you feel the need for further counseling about your presenting problem? Explain. 4. a If yes, would you like to have counseling with the same counselor?
Friday, February 21, 2020
Internet Censorship Research Paper Example | Topics and Well Written Essays - 1750 words
Internet Censorship - Research Paper Example The censorship also comes in the form of government-mandated blocking of access to materials which are not appropriate for adults. This approach is being carried out in Australia, China, Singapore, United Arab Emirates, and Vietnam (EFA). These countries require internet service providers to prevent material from reaching the internet users. Other countries only allow limited access to the net through government access areas (Bidgoli, p. 264). Internet censorship also comes in the form of government prohibition in public access to the internet. Different countries have been known to limit public access to the net, or they sometimes call for users to be licensed by the government before they can access the internet. The important consideration in the application of internet censorship is the fact that what is prohibited in one country may not be prohibited in other countries. Case in point is the rating of movies which may be different in different countries (EFA). In effect, what may be deemed R-18 in France, may only be classified as 12 in the US, or vice versa. In Australia, internet censorship consists of laws passed by the Commonwealth and the state governments. In 1999, the Broadcast Services Amendment (Online Services) Act of 1999 was passed (Moses). This law basically implements access prevention at server levels. The Commonwealth government of Australia is a complaints-based system which can be implemented to content hosts, but not to content creators (EFA). The hosts are mandated to remove Australian hosted material from the server which is labeled as objectionable upon receipt of orders from a government regulator. The Australian Broadcasting Authority informs the filtering software providers of the materials being sponsored beyond... This paper stresses that the world press has been very critical of internet censorship, most especially because it is their material which is often the subject of censors. They point out the fact that repressive regimes are fully benefitting from internet censors because they control and repress reform and debates. The above discussion exemplifies the extent of internet censorship around the world. These censors were originally set forth because of the pervasive use of the internet for child pornography. However, the censorship has now evolved into other materials and content; it now covers materials which are racist, anti-government, or anti-religion. This censorship has now been imposed in various territories in order to manage subversive content from inciting citizens to activities of civil unrest. For the most part, such censors seek to control peopleââ¬â¢s activities in the internet, stirring these away from the offensive and subversive activities. Some territories are howeve r not supporting internet censorship because it is part of the protected laws of their lands ââ¬â mostly on the freedom of speech and expression. To this day, internet censorship remains to be a well-debated practice. On one side, it is supported for the benefits and protection it can give to the citizens and to peaceful governments and on the other, it is vilified for its suppressive and repressive implications. Regardless of its applications, the internet will continue to develop and evolve into an even more pervasive and widely used technology.
Wednesday, February 5, 2020
Big data technology optimizes and stores the user generated data in Essay
Big data technology optimizes and stores the user generated data in exabytes using the distributed backup mechanism which significantly increases the performance and storage space in the software industry - Essay Example In recognition of the magnitude of the problems involved in the management of big data, many companies are investing considerable amounts of money in researching better methods of big data management. These companies seek reliable ways of organizing, storing and managing their machine, user and application data, which is rapidly growing in size to exabytes and petabytes. The volumes of big data are considerably large, such that many organizations find it difficult to process, store and access the data they need using the traditional databases and systems of storage (BVT, n.d.). Further complexity comes about in the now common scenario, where companies dispatch teams to different places around the world, yet the nature of their work requires them to collaborate on the same data since they are involved in the same project. This highlights the need for data solutions that allow these companies to change, add, check in content and modify them without creating problems for other employees within the organization (Kumar, 2012). Conventional systems of storage typically require revision of the systems or tech refreshes every three years (sometimes four) so that the company can keep up with new requirements and growth. This, in many instances, requires expensive and disruptive data migrations, replacement of void storage capacity and regular upgrades of software licenses (Leavitt, 2013). This paper looks into how companies use big data technology to store data generated by users in exabytes by making use of the distributed backup method. The distributed backup method of storage provides companies with the opportunity to store more data in a scalable way across storage node networks. It is imperative to note that the main purpose of backing up data is so that an organization can have at least a copy of what may the company may consider as important. In the event that there is a failure in the storage systems within an organization,
Subscribe to:
Posts (Atom)