Thursday, August 27, 2020

Trial balance free essay sample

A Trial Balance is a rundown of all the General record accounts (both income and capital) contained in the record of a business. This rundown will contain the name of the ostensible record account and the estimation of that ostensible record account. The estimation of the ostensible record will hold either a charge balance esteem or a credit balance esteem. The charge balance esteems will be recorded in the charge segment of the preliminary parity and the credit esteem equalization will be recorded in the credit segment. The benefit and misfortune explanation and monetary record and other budgetary reports would then be able to be delivered utilizing the record accounts recorded on the preliminary parity. Coming up next are the significant targets of preliminary equalization: 1. To Check The Arithmetical Accuracy Trial balance depends as soon as possible section guideline of charge rises to credit or credit rises to charge. Thus, the charge and credit sections of preliminary parity should consistently be equivalent. We will compose a custom exposition test on Preliminary equalization or then again any comparable point explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page On the off chance that they do, it is accepted that the chronicles of budgetary exchanges are exact. On the other hand, on the off chance that they don't, it is accepted that they are not mathematically exact. In this manner, one significant motivation behind getting ready preliminary equalization is to give a mind the arithmetical precision of the accounts of the money related exchanges. 2. To Help Locate Accounting Errors Since the preliminary equalization demonstrates if there is any mistake submitted in the diary and the record, it encourages the bookkeeper to find the blunder in light of the fact that the beginning stage of finding blunders is preliminary parity itself. 3. To Summarize the Financial Transactions A business plays out a few quantities of monetary exchanges during a specific timeframe. The exchanges themselves can't depict any image of the money related issues of the business. For that reason, a synopsis of the exchanges must be drawn. The preliminary offset is set up so as to sum up all the money related exchanges of the business. 4. To Provide the Basis for Preparing Final Accounts Final records are set up to show benefit and misfortune and the money related situation of the business toward the finish of a bookkeeping period. These records are set up by utilizing the charge and credit of all record accounts. Hence, since the preliminary parity is an announcement of the charge and credit adjusts of the record accounts, it gives the premise to the readiness of the last records. Qualities of Trial Balance. It is a rundown of equalizations of all Ledger records and Cash Book It isn't a piece of the twofold passage arrangement of accounting. It is just a working paper. It very well may be set up on any date. It checks the arithmetical exactness of posting of sections from the Journal to the Ledger. It's anything but a definitive confirmation of the precision of the books of record since certain mistakes are not revealed by Trial Balance. Contradictions of Trial Balance: The charge aggregate of preliminary equalization ought to be equivalent to credit absolute. Once in a while, they are not equivalent and it is accepted that there are a few blunders in books of record. A portion of the reasons of blunders might be as per the following. Preliminary parity will differ if an exchange is posted in one side of a record and precluded to post it in the another side of another record. On the off chance that off-base sum is posted in record accounts, the preliminary parity won't concur. At the point when a sum is posted wring side say in charge side rather than credit side, the preliminary parity won't concur. At some point, an exchange might be posted twice in the record accounts. Subsequently, the aggregate of a preliminary parity won't be equivalent. Difference of a preliminary parity might be brought about by an inappropriate totaling or adjusting of record accounts. While totaling the figure of auxiliary books there may emerge a few blunders that will cause difference of preliminary equalization. Â Omission to post a record balance additionally causes the contradiction of a preliminary equalization. On the off chance that there isn't right in totaling of preliminary parity, a preliminary equalization will oppose this idea. Another reason for difference of a preliminary equalization might be the blunder made in conveying forward the aggregate starting with one page then onto the next. A blunder of unique passage is when the two sides of an exchange incorporate an inappropriate sum. For instance, if a buy receipt for Rs. 21 is entered as Rs. this will bring about a wrong charge section (to buys), and an inaccurate credit passage (to the important lender account), both for Rs. 9less, so the aggregate of the two segments will be Rs. 9 less, and will along these lines balance. A blunder of exclusion is the point at which an exchange is totally discarded from the bookkeeping records. As the charges and credits for the exchange would adjust, precluding it would in any case leave the sums adjusted. A variety of this blunder is overlooking one of the record account aggregates from the preliminary parity. A blunder of inversion is when passages are made to the right sum, yet with charges rather than credits, and the other way around. For instance, if a money deal for Rs. 100 is charged to the Sales record, and credited to the Cash account. Such a mistake won't influence the aggregates. A blunder of commission is the point at which the passages are made at the right sum, and the proper side (charge or credit), however at least one sections are made to an inappropriate record of the right kind. For instance, if fuel costs are mistakenly charged to the postage account (both business ledgers). This won't influence the sums. A mistake of rule is the point at which the passages are made to the right sum, and the suitable side (charge or acknowledge), similarly as with a blunder of commission, however an inappropriate kind of record is utilized. For instance, if fuel costs (a business ledger), are charged to stock (a benefit account). This won't influence the sums. Repaying mistakes are different irrelevant blunders that would separately prompt an awkwardness, however together offset one another. A Transposition Error is a mistake brought about by exchanging the situation of two contiguous digits. Since the subsequent mistake is consistently separable by 9, bookkeepers utilize this reality to find the mis-entered number. For instance, a complete is off by 72, partitioning it by 9 gives 8 which shows that one of the exchanged digits is either more, or less, by 8 than the other digit. Consequently the mistake was brought about by exchanging the digits 8 and 0 or 1 and 9. This will likewise not influence the aggregates.

Saturday, August 22, 2020

Project Management 2 Essay Example | Topics and Well Written Essays - 250 words

Task Management 2 - Essay Example ts ought to have a MSc degree in Biochemistry and Molecular Biology or a related field, they ought to have in any event ten years pertinent involvement with driving innovation applications, oversee and activity of an examination program, They ought to know about cutting edge sequencing methodologies and strategies working with atomic diagnostics of plants just as creature pathogens. The person who gets the opportunity to meet all requirements for the activity ought to likewise be proficient in the accompanying fields of study specifically; utilization of genomic apparatuses in a wide scope of issues, sub-atomic science techniques for inquire about, instruments of sub-atomic science and innovation of bioinformatics. Versatility is fundamental for one to land the position. They ought to be prepared to learn and adjust to new innovation and strategies that will upgrade program adequacy and learning. They will be working in a multicultural multiracial condition and they will be required to regard and work adequately and proficiently with their associates. They ought to be can arrange ,sort out and see to fulfillment specialized exercises of research stages, they ought to have superb individuals and authoritative abilities, have a decent dominance of English both composed and spoken and in conclusion they should be PC

Key Dimensions

Change is fundamental and unavoidable piece of the cutting edge society and it criticalness is extremely predominant and extraordinary. Each open and privately owned businesses/associations are exposed to fast and incessant changes, on the grounds that the world changes too. An area and size of organization doesn’t matter. Essentially saying, it is for all intents and purposes unimaginable for the organization to keep away from changes, since they are marvels which are generally acknowledged. Present day administrators are taking a shot at discovering ways how to staff a feeling of power over evolving circumstances. As a matter of fact protection from change doesn’t imply that that the staff is against them, it implies that they object just the manner in which the progressions are executed. (Hierarchical Change 2006)Staff opposes to changes essentially in light of the fact that the purpose behind the change is muddled for them. Negative responses can be brought about by , for instance, by uncertainty in employments, costs and equipment.â The following explanation is that staff wasn’t counseled about the potential changes and they seem, by all accounts, to be a practiced certainty. It implies that representatives are happy to comprehend what is happening in association, particularly if their occupations might be affected.The third explanation of opposition is the point at which the potential changes may compromise the current examples of working connections between representatives. Individuals oppose to changes additionally when they are not happy with work force, monies and timetables or when the advantages for presenting changes are deficient for the included difficulty. Particularly staff is against changes when their capacity or status in association is influenced. In this way, directors ought to thoughtfully present changes with the goal that most of representatives will be satisfied.(Rosenberg 20)The most significant assignment for ad ministrators is to make their organizations learning associations. There are numerous strategies and approaches, however the most appropriate methodology is to train the staff well giving applicable improvements to such learning. Diverse instructing and training projects might be effectively executed. Likewise rewards and individual endorsements are permitted. Workers really ought to be exceptionally energetic. (Yerkes 462)Innovations are significant if the firm/association needs to stay serious in present day condition. Advancement is presentation of new techniques and things with an unmistakable reason to improve the organization’s execution. Development is blend of information applied to new assistance, procedures and products.Organizational advancement includes imaginative thoughts so as to have â€Å"tangible effect in the area in which the advancement occurs†. (Hyde 64) Innovation is described by the accompanying issues: relative bit of leeway implying that devel opments need to create critical upgrades to be adjusted; effortlessness implying that advancement ought to be handily comprehended and introduced; reasonableness; simple to take a stab at implying that new strategy ought to be effectively presented and surrendered if vital; simple to quantify implying that advantages, for example, time, productivity and cash ought to be effectively calculated.(Hyde 64)It is evident that burdens are additionally unavoidable part in every association. There are numerous potential wellsprings of worry inside hierarchical structure. For instance, association size might be a stressor.â Large associations once in a while cause the feeling of vulnerability among representatives. The following source is innovation utilized by an association for items or administration creation. Structure of association may adversely influence representatives making the feeling of being controlled as a machine.The extra pressure sources are close to home clashes, work plan and work jobs. (Laurus 773) It is referred to that burdens have negative outcomes as they are the reasons of hypertension, coronary supply route sickness, stomach ulcers and respiratory failures. Stress results in dejections and tensions just as restlessness may decline intellectual working. In the outcome an individual may lose fixation and trust in dynamic. There are numerous approaches to oversee pressure such as, changing stressors themselves, adjusting arbitrators of the stressors, decreasing individual’s reactions and mitigating the pressure outcomes. Association can oversee worry by offering help administrations, compromise and psychological treatment. (Kahn et al. 99)ReferencesAdaptation to change (2006) Bitpipe White papers on the web, Retrieved September, 30, from http://www.bitpipe.com/rlist/term/Change-Management.html?psrc=RTP.Hyde, A.C. (2002) Understanding Innovation in Management. The Public Manager, 31, 3, 64. James Morrison, and Ian Wilson. (1996) The Stra tegic Management Response to the Challenge of Global Change, Strategic Management, 7, 3, 25-27.Kahn, R.L., Wolfe, R.P., Quinn, R.P., Snoek, J.D., and Rosenthal, R.A. (1964). Authoritative Stress: Studies in Role Conflict and Ambiguity. New York: Wiley, 98-102.Lazarus, R.S., DeLongis, A., Folkman, S., and Gruen, R. (1985). Stress and Adaptational Outcomes: The Problems of Confounded Measures.  American Psychologist, 40, 770-779.Organizational change the executives (2006) Journal of Organizational Change Management, Emerald Group Publishing Limited Retrieved September, 30, from http://www.emeraldinsight.com/data/diaries/jocm/jocm.jspRosenberg, Deanne. (1993, January) Eliminating Resistance to Change. Security Management, 37, 1, 20-23.Yerkes, R.M. and Dodson, J.D. (1988). The Relation of Strength of Stimulus to Rapidity of Habit-Formation. Diary of Comparative Neurology and Psychology, 18, 459-482.

Friday, August 21, 2020

How Feature Writers Use Delayed Ledes

How Feature Writers Use Delayed Ledes A lede, generally utilized in include stories, that can take a few sections to start to recount to a story, instead of hard-news ledes, which must sum up a storys central matters in the principal passage. Postponed ledes can utilize portrayal, accounts, scene-setting or foundation data to maneuver the peruser into the story. How Delayed Ledes Work A postponed lede, likewise called a component lede, is utilized on highlight stories and permits you to break liberated from the standard hard-news lede, which must have the who, what, where, when, why, and how and layout the primary concern of the story in the absolute first sentence. A postponed lede permits the author to adopt an increasingly innovative strategy by setting a scene, portraying an individual or spot or recounting to a short story or account. In the event that that sounds recognizable, it should. A postponed lede is a lot of like the opening of a short story or novel. Clearly, a correspondent composing an element story doesnt have the advantage of making things up the manner in which a writer does, however the thought is a lot of the equivalent: Create an opening to your story that will make the peruser need to understand more. The length of a postponed lede changes relying upon the sort of article and whether you are composing for a paper or magazine. Deferred ledes for paper highlight articles commonly last close to three or four sections, while ones in magazines can go on any longer. The deferred lede is for the most part followed by whats called the nutgraph, which is the place the essayist clarifies what the story is about. Actually, that is the place the postponed lede gets its name; rather than the central matter of the story being laid out in the absolute first sentence, it comes a few sections later. Model Heres a case of a postponed lede from the Philadelphia Inquirer: Following a few days in isolation, Mohamed Rifaey at long last discovered help in torment. He would envelop his head by a towel and whack it against the soot square divider. Again and again. Im going to lose my psyche, Rifaey thought. I beseeched them: Charge me with something, with anything! Simply let me out to be with individuals. The displaced person from Egypt, presently completing his fourth month in guardianship in York County, Pa., is among several individuals gotten on an inappropriate side of the residential war on psychological warfare. In interviews with The Inquirer all around of prison, a few men depicted long confinements on negligible or no charges, bizarrely solid bond orders, and no claims of psychological oppression. Their stories have stressed common libertarians and migration advocates. As should be obvious, the initial two passages of this story establish the deferred lede. They depict the prisoners anguish without expressly expressing what the story is about. Be that as it may, in the third and fourth sections, the edge of the story is clarified. You can envision in what manner may have been composed utilizing a straight-news lede: Common libertarians state numerous foreigners have as of late been imprisoned as of late as a feature of the local war on fear mongering, in spite of the way that many have not been accused of any wrongdoing. That positively summarizes the central matter of the story, obviously, its not so convincing as the picture of the detainee slamming his head against the mass of his cell. That is the reason writers utilize postponed ledes - to catch a perusers eye, and never let go.

Academic Research Paper Outlines

Academic Research Paper OutlinesAcademic research papers are often the cornerstone of a student's future. Many high school students spend months on end, and even years, working on their papers before submitting them to their professors for final grade. It is no wonder that they are so devoted to their work.It is easy to get lost in all the details that constitute a research paper outline. This is why it is important to have a guide that outlines all the necessary steps. This guide will go through the steps one by one, to ensure that the entire project is completed correctly.The first step that every academic research paper outline must include is the thesis statement. The thesis statement is the most important part of the research paper outline. It is crucial that you find the best way to describe your ideas, and it is the basis of your work. Your topic should be centered around an idea that you can support with evidence. Your evidence should be backed up by references or other writt en sources.The next part of a research paper outline is the conclusion. This is where the author finally sums up the project. You must clearly state that you have written your conclusion and how you plan to present it. Do not just throw away the topic. Keep it alive by making it relevant to current events, and continue to refine it as you go along.The outline should end with a list of 'comments' that cover the main points of the paper outline. These comments are usually supplementary to the main idea. They are important to make sure that you understand your topic adequately, and also that you do not miss out any key points of your outline.Along with the outline, you must also come up with appropriate methods for conducting the research that is necessary for the project. There are many methods that can be used for this purpose. However, the most common method is to gather information from a variety of sources. For example, you could collect data from a newspaper article, an internet search, an interview, or any other source of information that may prove helpful to your project.Finally, it is important to keep in mind that the outline that you put together should not be viewed as a blueprint for the final paper. You should still make it a guideline, and then formulate the entire project around the outline. An outline is a good tool to use, but it is not the end-all and be-all of the project.Writing an outline does not have to be complicated. It can take the form of a table or chart, which is common in presentation templates. You should look to see what is available in the way of templates to help you make your project flow smoothly.

Saturday, June 27, 2020

A Company Law Problem Scenario - Free Essay Example

Table of Contents Introduction Facts in the Scenario Identification of the Legal Issues Arising From the Facts in the Scenario Identification and Application of Appropriate Legislation or Case Law Conclusion Bibliography In Advising Jane Introduction Company law primarily discourses certain major sets of fundamentals that are integral in the structure of large companies. These principles mainly arise amid the management and the shareholder, majority shareholders and minority shareholder, and the controller of the company and the non-shareholder. Among these principles, it is widely prevalent that a company often suffers from the disputes between the shareholders. It is commonly believed that minority shareholders have to abide by the will of majority shareholders. It has been observed that protecting minority shareholders within the scope of corporate activity has emerged as one of the most difficult issues in the modern company law. However, there are certain legislations and rules articulated under common law which ensure the adequate protection of minority shareholders. Furthermore, there has been constant debate on the issues related with the exercise of directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s power. It has often been argued that directors of the company apply their power for proper purpose and in the best interest of the company. However, there are certain instances where directors rendering their fiduciary duty can be considered to violate certain specific laws. Correspondingly, this study intends to address the issue of related with the legal protection for minority shareholders and directors fiduciary duty pertaining to the case provided. M oreover, the study further intends to provide relevant advice to Jane.[1] Facts in the Scenario It has been observed from this case that directors of Wolf Toys Limited are allocated with powers to issue shares in their absolute discretion in such quantity and at such value as they shall determine under the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Article of Association. Notably, Tom and Ben the two directors of the company, is observed to hold 51% of the total companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s shares while Jane, the other director possessed 10% of the total shares. Tom and Ben who hold the majority of shares of the company decided to expand the business by buying another company which is involved in making soft toys. This decision was reached due to the continuing decline in soft toy market. However, Jane who holds 10% of the total shares disagree with this decision of Tom and Ben on the ground that this decision would not be in the best interest of the company and it would lead to disaster. La ter, Tom and Ben discover a successful firm that had been involved in making of teddy bears but due to the insufficient fund availability within the company, it was not possible to make immediate bid for the firm. Thus, both Tom and Ben issued shares and placed it to known supporters to raise fund. This eventually led towards reducing the power of Jane Subsequently, a general meeting was called in which a resolution was passed resulting in dismissal of Jane as a director. At the same time, a special resolution was passed by Tom and Ben along with the consent of the supporters in which certain provisions articulated in the article were deleted. Owing to this reason Janeà ¢Ã¢â€š ¬Ã¢â€ž ¢s right towards attaining compensation and selling of her shares were restricted.[2] Identification of the Legal Issues Arising From the Facts in the Scenario It is apparent from the facts identified in the above scenario that there are certain pertinent legal issues. In this regard, one of t he most vital issues can be identified in the form of abuse of majority shareholder position exercised against the minority shareholders interest. Another issue can be identified as the exercise of power by the directors holding majority of shares for an improper purpose depriving rights of other director holding minimum shares. It can be ascertained from the case that Tom and Ben along with other shareholders passed a special resolution with the intention to secure control of the company and discourage and restrict Jane from interfering in the issue related to proceeding bids. This issue can be identified to have emerged solely for acquiring directors benefits rather meeting the interest of the company. Moreover, breach of directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s duty can be identified in relation to issuing shares to acquire majority support for their side in an internal power struggle. It can be recognised from the case scenario that Tom and Ben have issued shares to known supporters in or der to wrest the power and control from Jane. Furthermore, the allotment of share by Tom and Ben to known supporters was made with the intention to execute possible takeover bid. Correspondingly, such action of Tom and Ben can be considered as improper exercise of their power. It is worth mentioning that directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s power related with issue of shares is a fiduciary duty. This implies that directors are required to act as bonafide in what they consider to be in the best interest of the company and in good faith while their action should not be intended towards attaining collateral benefits or purposes. How, it is apparent from the case that the two directors namely Tom and Ben exercised their fiduciary power just to wrest the control from Jane and acquire funding. Thus, it can be firmly stated that there was a breach of fiduciary duty of directors.[3]that directors must remain within the scope of the powers which have been conferred upon them, that directors must a ct in good faith to promote the success of the company, that directors must exercise independent judgment, and directors must not put themselves in a position in which their personal interest or duties to other conflict with their duty to the company. It is clear that Tom and Ben have breached their fiduciary duties. The damage for breach of fiduciary duty is based on tort principle this was established in the case of Cohen v.Selby. (a) Return of property a director has received in breach of duty, (b) confiscation of account or profits a director has made as a result of breach of duty, (c) rescission of contracts made in breach of duty, (d) equitable compensation. Jane can claim for damages from Tom and Ben based on this principle. Identification and Application of Appropriate Legislation and Case Law The United Kingdom has incorporated codified statement related with the duties of directors under the companies Act 2006. The sections 171 to 177 articulated in the Companies Act 2006 specify the general duties of directors. These general duties are based on the rules incorporated in the common law. These general rules are to be applied on an equitable basis. Furthermore, the section 172 (1) of the Companies Act 2006 requires that directors are obligated to act in the way that they consider to be good faith which will stimulate the success of the company and the other members. Thus, it can be stated that Tom and Ben concerning the issue of shares has breached the terms articulated under the section 172 (1) of the Companies Act 2006. Thus, it is suggested to Jane to proceed with criminal prosecution on the ground of breach of fiduciary duty articulated in section 172 (1) of the company Act 2006. However, it is worth mentioning that it would be quite a difficult task for Jane to prove that the action of Tom and Ben was associated with the breach of fiduciary duty as the Articles of Association of Wolf Toys Limited give the directors power to issue shares i n their absolute discretion in such quantity and at such value as they determine, In this regard, Jane can seek for derivative action under the Companies Act 2006. According the Companies Act 2006, it permits majority shareholders to remove directors from his/her position as a director of the company. It would thus be difficult for Jane to prove that the directors including Tom and Ben along with other shareholder did not act in good faith. This was illustrated in the case of Bushell v Faith (1970) AC 1099. Jane can seek for derivative claim by alleging breach of any of the general duties related with directors set out in the Companies Act 2006 comprising duty to apply skill and reasonable care based on their best of knowledge that would benefit the company.[4] Moreover, under section 994 (1) of the companies Act 2006, Jane can apply for unfair prejudice petitions in order to seek remedies. It can be ascertained that in the case study provided there has been a significant breach of fiduciary duty by the two directors namely Tom and Ben which has been witnessed. Correspondingly, the breach of fiduciary duty can be viewed in relation to misuse of directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s power to issue of shares. It can be argued that directors are required to use their fiduciary power for proper purpose which implies that any decision or rendering of duty by directors ought to be in the best interest of the company and it needs to be delivered in good faith. In this regard, it can be stated that the issue of shares is one of the major ways of acquiring fund for the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s operation. This activity of the directors is one of the important fiduciary duties performed by the directors. The other proper purpose of executing the power of directors can be observed in the form of fostering the desirable business relationship with the other directors and members of the company for ensuring adequate enhancement of the financial performance of the company. On the other hand, improper purpose for issue of shares generally involves executing or defeating takeover, attaining control of a company by allotting share to known supporters in order to wrest control of other directors or shareholders and prevention of interest of unfriendly directors. Thus, it can be observed from the case provided that a majority of the stated improper purposes were executed by Tom and Ben. Similar issues have been identified in the case of Howard Smith Ltd v Ampol Petroleum Ltd, where it was observed that the directors used their fiduciary power related with allotment of shares in order to weaken the voting power of the majority shareholder. With regard to this case, judgement was made that such actions of the directors related with the exercise of fiduciary power can be attributed to the aspect of improper purpose and was self-motivated. It was firmly stated that directors were motivated by self-interest that was to acquire complete control over the company. On hea ring, Lordships affirmed that unconstitutional for directors to use their fiduciary powers over shares in the company purely for the purpose of destroying an existing majority, or creating a new majority which did not previously exist. Correspondingly, based on this case law, it can be suggested to Jane that the action executed by Tom and Ben is unconstitutional, Jane has the right to sue both the directors against the breach of fiduciary power and loss of office. Similarly, in the case of Ngurli Ltd v McCann, it was ascertained that the directors issued shares to friends for the purpose of maintaining their position of control which result in breach of fiduciary duty. Concerning this case, judgment was passed by the high court where the court ruled that a director cannot use the fiduciary power to issue shares at self-interest to the exclusion of minority shareholder. Based on this judgment made by the high Court, it is advised that Jane holds the right to sue Tom and Ben aga inst the issue of share to known supporters and there was an exclusion experienced by her, due to the special resolution passed by majority shareholders. Tom and Ben is also in breach of standard articles of association 2008 Schedule 1 for deleting the provision in the articles which entitled Jane to compensation..[5] In the case of Hogg v Cramphorn Ltd it was observed that the directors issued shares to trustees with the self-motive of destroying the takeover and retaining the control of the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s board. In this case. Plaintiff claimed that the issue of share was invalid and directors were involved in the violation of their fiduciary power. In the trial, the court declared that this issue of share by the shareholders was invalid and ordered for conducting a meeting for rectifying the issues of shares. Based on this case law, it can be affirmed that Jane has the right to undertake legal actions against Tom and Ben and can seek for equitable relief. Conclus ion Several important aspects have been observed from the analysis of this case. It is noteworthy that the two directors namely Tom and Ben had issued shares to known supporter in order to wrest the control from Jane. Furthermore, they had used their fiduciary power with the self-motive which can be categorised as the breach of fiduciary duty under the section 171 to 177 of the companies Act 2006 which firmly seeks that directors are required to execute their fiduciary power in good faith and for proper purpose. In this regard, Jane has the right to file a petition on the ground that the execution of fiduciary duty by Tom and Ben in terms of issue of shares was invalid and was against the duties articulated in the Companies Act 2006. Similar cases where judgment was delivered in favour of the plaintiff have also been identified. Thus, based on this case law, Jane can seek equitable relief and derivative claim against the damage or loss incurred by her; she is also entitle to comp ensation for loss of office due to action of Tom and Ben. Bibliography 1. Table of Cases Cohen v Selby (2000) All ER Bushell v Faith (1970) AC 1099 Howard Smith Ltd v Ampol Petroleum Ltd (1974) AC 821 Ngurli Ltd v McCann (1953) 90 CLR 425 Hogg v Cramphorn Ltd (1967) Ch 254 2. Table of Legislation Companies Act 2006 Companies Act (2006) Directors Duties Section 171-177 Section 172 (1) companies Act (2006) Section 994 (1) companies Act (2006) Section 195 companies Act (2006) Standard Articles of Association (2008) Schedule 1 3. Books [1] Paul L Davies, The Board Directors: Composition, Structure, Duties and Powers (Core Company Law and principal/Agent Problems, 2000) www.oecd.org/daf/ca/corporategovernanceprinciples/1857291.pdf Accessed 12 January 2011 [2] Carr Law, Rights of minority shareholders (Business-Incorporation-Organization-And-Operation, 2014) www.carrlaw.com/business-incorporation-organisation-and-operation/rights-of-minority-shareholders accessed 12 January 2014 Jinlong Zhao and Si Lv, On Fiduciary Duties of Controlling Shareholders of Targeted Corporation,(2011) 4 (2) Journal of Politics and Law www.ccsenet.org/journal accessed 20 January 2014 [3]3 company act 2006,directors duties Company act 2006 S.178 breach of directors duties Cohen v. Selby (200) ALL ER Section.195 companies act 2006 [4] Companies Act 2006 Director duties section 171 to 177 companies act 2006 Section 172 (1) companies act 2006 Breach of fiduciary duty Bushell v Faith (1970) AC 1099 Section 994 (1) companies act 2006 [5] Howard Smith Ltd v Ampol Petroleum Ltd (1974) AC821 Ngurli Ltd v McCann (1953) 90 CLR 425 at 438 Articles of association (2008) sch 1 Hogg v Cramphorn Ltd (1967) Ch 254

Tuesday, May 26, 2020

We Must Regulate the Advertising of Unhealthy Fast Food Essay

Think back to last year’s Super Bowl. What do we really remember about the event? One might say the game-winning drive, the players excitement, but what most of us remember was the commercials. The hilarious Old Spice commericals, the creative, funny, car commercials, and most importantly the dozens of commercials about food. Ranging from Campbell’s Soup, to Snickers, to Coca Cola, these commercials seem to be shown just for our entertainment; however, although we might not realize it, they do influence our decision making down the road. It no longer amazes people when they hear about how companies pay millions of dollars for a few minutes of airtime on events such as the Super Bowl. Over that past several years, research is starting to†¦show more content†¦Within these ninety-eight hours of recorded program times, a total of 1344 advertisements were found. Out of these 1344 advertisements, thirty-three percent, around four and a half advertisementsperhour, wer e for food. The shocking thing about these commercials however, was the fact that around seventy-nine percent of these food commercials were for candy, and fast food. Foods were classified as â€Å"healthy† if they met Singapore’s Healthier Choice Symbol, but the food being advertised was clearly not. The study from Singapore is just one specific example of how much pressure the media is placing on children, and what they consume, and how unbeneficial this pressure is. Another study conducted by Kristen Harrison and Amy L. Marske also shows the correlation between food advertising, how it is geared towards children, and the nutritional benefits, or lack thereof, of the foods being advertised. These researchers focused on just the nutritional content of the foods being advertised during hours of peak child viewers. They then coded the foods being advertised based on what type of food it was, such as breakfast, lunch, dinner, or snack food. They found that fast food and sweets comprised eighty-three percent of all the food advertisement in hoursofpeak child viewers. Snack foods were depicted much more than any otherShow MoreRelatedObesity : Obesity And Obesity1472 Words   |  6 Pagesfeeling there is less of a need to exercise and eat healthy. There are also more fast food select ions, which lead to bad eating habits and so on. This causal argument will cover the topic of obesity, why it is important and how it has become major issue in America today. Obesity in America is due to many factors that include: lack of exercise and energy balance, poor eating habits, overeating, work schedules and food advertising. Overeating is one way in which obesity continues to grow in America. OvereatingRead MoreThe Extraordinary Science Of Addictive Junk Food1248 Words   |  5 Pagesobesity. A child is considered obese if that child is above the normal weight for their age and height. 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